Environmental Protection Agency June 13, 2011 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA or the Agency) is issuing a Direct Final Rule to revise the Land Disposal Restrictions (LDR) treatment standards for hazardous wastes from the production of carbamates and carbamate commercial chemical products, off- specification or manufacturing chemical intermediates and container residues that become hazardous wastes when they are discarded or intended to be discarded. Currently, under the LDR program, most carbamate wastes must meet numeric concentration limits before they can be land disposed. However, the lack of readily available analytical standards makes it difficult to measure whether the numeric LDR concentration limits have been met. Therefore, we are providing as an alternative standard the use of the best demonstrated available technologies (BDAT) for treating these wastes. In addition, this action removes carbamate Regulated Constituents from the table of Universal Treatment Standards.

Notice is hereby given that a proposed prospective purchaser agreement amendment (``PPA Amendment'') associated with the Fischer & Porter Superfund Site in Warminster Township, Bucks County, Pennsylvania was executed by the Environmental Protection Agency (``EPA'') and the Department of Justice and is now subject to public comment, after which the United States may modify or withdraw its consent if comments received disclose facts or considerations which indicate that the PPA Amendment is inappropriate, improper, or inadequate. The PPA Amendment would resolve certain potential EPA claims under Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, against Blue Marlin Associates (``Purchasers''). In lieu of financial consideration, in exchange for EPA's covenant not to sue for response costs incurred at the Site, the settlement would require the Purchasers to, among other things, conduct a vapor intrusion study on their existing building located on the parcel adjacent to the property under consideration in the PPA Amendment, and, if any unacceptable risks from vapor intrusion were shown to be present, to take appropriate remedial measures as approved by EPA. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the PPA Amendment. The Agency's response to any comments received will be available for public inspection at the U.S. Environmental Protection Agency, Region III Office, 1650 Arch Street, Philadelphia PA 19103.