Environmental Protection Agency May 2, 2011 – Federal Register Recent Federal Regulation Documents

This Notice alerts the public to two proposed administrative settlements for which public comment is requested. In one, Puma Energy, Caribe LLC (``Puma'') and the U.S. Environmental Protection Agency (``EPA'') propose to enter into an agreement and order on consent for a removal action by a bona fide prospective purchaser concerning the former Caribbean Petroleum Refining, LP (``CPR'') facility located in Carr 28, KM. 2, Luchetti Industrial Park, Bayamon, in the Commonwealth of Puerto Rico, Docket Number CERCLA-02-2011-2003 (referred to as the ``CERCLA Agreement'') in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9601-9675. In the other proposed agreement (referred to as the ``RCRA UST Agreement''), Puma, the United States on behalf of EPA, and the Commonwealth of Puerto Rico on behalf of the Puerto Rico Environmental Quality Board propose to enter into an underground storage tank (``UST'') compliance and prospective purchaser agreement, Index Number RCRA-02-2011-7504, in accordance with Subtitle I of the Resource Conservation and Recovery Act, as amended (``RCRA''), 42 U.S.C. 6991-6991m, concerning issues related to UST systems at one hundred and forty-seven (147) gasoline service stations currently owned or leased by Caribbean Petroleum Corporation (``CPC'') and located throughout the Commonwealth of Puerto Rico. Pursuant to a sale authorized by the United States Bankruptcy Court for the District of Delaware, Puma has been approved to purchase the former CPR facility and the CPC service stations in a sale scheduled to occur in early May 2011. Puma has agreed to perform certain cleanup actions at the former CPR facility in the proposed CERCLA Agreement. In addition, with regard to the service stations, Puma has agreed in the proposed RCRA UST Agreement to assume responsibilities for the UST systems and required cleanup work and to make certain improvements at the service stations that are not required by law. The proposed CERCLA Agreement includes a covenant by the United States not to sue Puma pursuant to Sections 106 and 107(a) of CERCLA for existing contamination at the former CPR facility. The proposed RCRA UST Agreement includes a covenant by the United States not to sue Puma pursuant to Section 9006 of RCRA, 42 U.S.C. 6991e, for violations of the Commonwealth of Puerto Rico Underground Storage Tank Control Regulations, Puerto Rico Administrative Regulation Number 4362, that exist at the one hundred and forty-seven (147) service stations as of the date of Puma's acquisition or that arise within ninety days of the date of acquisition by Puma. The Commonwealth of Puerto Rico is also providing Puma with a covenant not to sue in the proposed RCRA UST Agreement. The covenants in both Agreements are subject to specified conditions. For seven (7) days following the date of publication of this notice, the Agency will receive written comments relating to the two proposed Agreements. The Agency will consider all comments received and may modify or withdraw its consent to either or both of the Agreements if comments received disclose facts or considerations which indicate that the Agreements are inappropriate, improper, or inadequate. Because of strict deadlines in the bankruptcy proceeding involving the corporations which presently own the CPR facility and own or have lease rights at the service stations, the deadline for receipt of public comments cannot be extended.

In this notice, EPA is notifying the public of its finding that the nitrogen oxides (NOX) motor vehicle emissions budgets (MVEBs) in the Hickory-Morganton-Lenoir, North Carolina area (hereafter referred to as the ``Hickory Area'') maintenance plan for the 1997 annual PM2.5 standard, submitted on December 18, 2009, and supplemented on December 22, 2010, by the North Carolina Department of Environment and Natural Resources (NCDENR) are adequate for transportation conformity purposes. EPA is also making an insignificance finding for direct fine particulate (PM2.5) through the transportation conformity adequacy process for the Hickory Area. The Hickory Area is comprised of the entire county of Catawba in North Carolina. On March 2, 1999, the District of Columbia Circuit Court ruled that submitted state implementation plans (SIPs) cannot be used for transportation conformity determinations until EPA has affirmatively found them adequate. As a result of EPA's finding, the Hickory Area must use the NOX MVEBs from the submitted maintenance plan and supplement for the Hickory Area for future conformity determinations. Additionally, as a result of this finding, the Hickory Area is not required to perform a regional emissions analysis for direct PM2.5 in future PM2.5 transportation conformity determinations for the 1997 annual PM2.5 standard.

This Amendment to Agreement and Covenant Not to Sue (``Amendment'') amends the 2002 Agreement and Covenant Not To Sue, Docket CERCLA-10-2002-0034 (``Original Agreement''), entered into by and between the United States on behalf of the U.S. Environmental Protection Agency (``EPA'') and Pacific Wood Preserving of Oregon (``PWPO''). In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601 et seq. (``CERCLA''), notice is hereby given of the proposed Agreement between the EPA and PWPO, subject to the final review and approval of the EPA and the U.S. Department of Justice. The 2002 Original Agreement with PWPO provided a covenant not to sue for response costs at the Taylor Lumber and Treating Site, which PWPO was acquiring, in exchange for several obligations related to site operation and a commitment not to use certain hazardous products, including pentachlorophenol, at the Site. This Amendment removes the restriction on pentachlorophenol use and extends PWPO's commitment to collect and treat groundwater and maintain the asphalt cap until January 31, 2022, or for as long as PWPO owns or operates on the Property, whichever is later. This Amendment includes additional commitments including submittal of annual environmental audit reports; implementation of institutional controls; payment of EPA future oversight costs; and, a revised Statement of Work for future work to be performed by PWPO.

In this notice, EPA is notifying the public of its finding that the direct fine particulate (PM2.5) and nitrogen oxides (NOX) motor vehicle emissions budgets (MVEBs) in the Greensboro/Winston-Salem/Highpoint, North Carolina area (hereafter referred to as ``the Triad Area'') maintenance plan for the 1997 annual PM2.5 standard, submitted on December 18, 2009, and supplemented on December 22, 2010, by the North Carolina Department of Environment and Natural Resources (NCDENR) are adequate for transportation conformity purposes. The Triad Area is comprised of Guilford and Davidson Counties in their entirety. On March 2, 1999, the District of Columbia Circuit Court ruled that submitted state implementation plans (SIPs) cannot be used for transportation conformity determinations until EPA has affirmatively found them adequate. As a result of EPA's finding, the Triad Area must use the PM2.5 and NOX MVEBs from the submitted maintenance plan for the Area for future conformity determinations.

EPA is updating the materials submitted by Delaware that are incorporated by reference (IBR) into the state implementation plan (SIP). The regulations affected by this update have been previously submitted by the Delaware Department of Natural Resources and Environmental Control (DNREC) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the EPA Regional Office.