Environmental Protection Agency May 25, 2012 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) Region 8 announces the deletion of Operable Unit (OU) 1the former Fire Protection Training Area (FPTA), along with two other Areas of Concern (AOC): the Gateway Lake Ash Study Area and the Pride Hangar Study Area of the Ellsworth Air Force Base (AFB) from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This partial deletion pertains to the surface soil, unsaturated subsurface soil, surface water and sediments of Operable Unit (OU) 1, the Gateway Lake Ash Study Area, and the Pride Hangar Study Area. The groundwater medium associated with OU-11, Basewide Groundwater will remain on the NPL. The EPA and the State of South Dakota, through the Department of Environment and Natural Resources, have determined that all appropriate response actions under CERCLA, other than five-year reviews have been completed. However, the deletion of these parcels does not preclude future actions under Superfund.

EPA is proposing to approve the fine particulate matter (PM2.5) 2002 base year emissions inventory, portion of the State Implementation Plan (SIP) revision submitted by the Commonwealth of Kentucky on December 3, 2008. The emissions inventory is part of the Kentucky's December 3, 2008, SIP revision that was submitted to meet the nonattainment requirements related to the Commonwealth's portion of the bi-state Louisville, KY-IN nonattainment area for the 1997 annual PM2.5 national ambient air quality standards (NAAQS). The bi-state Louisville, KY-IN nonattainment area is comprised of Clark and Floyd Counties in Indiana, in their entireties; the Madison Township portion of Jefferson County, Indiana; and Bullitt and Jefferson Counties in Kentucky, in their entireties. This proposed action only relates to the Kentucky portion (i.e., Bullitt and Jefferson Counties) of this Area. EPA will consider action on the emissions inventory for the Indiana portion of this Area in a separate action. This action is being taken pursuant to section 110 of the Clean Air Act.

In accordance with section 122(i)(1) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (``CERCLA''), notification is hereby given of a proposed administrative agreement concerning the Wabash Environmental Technologies hazardous waste site in Terre Haute, Indiana (the ``Site''). EPA proposes to enter into this agreement under the authority of section 122(h) and 107 of CERCLA. The proposed agreement has been executed by: AAA Galvanizing of Dixon, Inc.; Brenntag Mid- South, Inc. (successor to G.S. Robins & Co. and Ulrich Chemical, Inc.); Chemetall US, Inc., fka Oakite Products Inc.; City of Terre Haute Board of Public Works and Safety; ConAgra Foods Inc.; Elixir Industries; Enviromark Corporation; General Electric Company on behalf of GE Silicones and Momentive Performance Materials, Inc.; Glas-Col LLC; Interplastic Corporation; Marathon Pipe Line LLC; Northern Indiana Public Service Company; Perma-Fix of Dayton, Inc./Perma-Fix Environmental Services, Inc.; The Proctor & Gamble Manufacturing Company; Rochester Midland Corporation; Rock-Tenn Company on behalf of Smurfit-Stone; Speedway LLC (formerly known as Speedway SuperAmerica LLC); Superior Oil Company, Inc.; Superior Oil Company, Inc. for Superior Fiberglass & Resins; Technicote, Inc.; and Weatherford International. (the ``Settling Parties''). Under the proposed agreement, the Settling Parties will pay a total of $710,053.43 to the Hazardous Substances Superfund to resolve EPA's claims against the Settling Parties for response costs incurred by EPA at the Site. EPA has incurred response costs investigating and performing response actions at the Site to mitigate potential imminent and substantial endangerments to human health or the environment presented or threatened by hazardous substances present at the Site. For thirty days following the date of publication of this notice, the EPA will receive written comments relating to this proposed agreement. EPA will consider all comments received and may decide not to enter this proposed agreement if comments disclose facts or considerations which indicate that the proposed agreement is inappropriate, improper or inadequate.

EPA is proposing to determine that the Paul Spur/Douglas nonattainment area (NA) in Arizona is currently attaining the National Ambient Air Quality Standard (NAAQS) for particulate matter with an aerodynamic diameter of less than or equal to a nominal ten micrometers (PM10) based on certified, quality-assured ambient air monitoring data for the years 2009-2011. Based on our proposed determination that the Paul Spur/Douglas NA is currently attaining the PM10 NAAQS, EPA is also proposing to determine that Arizona's obligation to make submissions to meet certain Clean Air Act requirements related to attainment of the NAAQS is not applicable for as long as the Paul Spur/Douglas NA continues to attain the NAAQS and that the obligation on EPA to promulgate a Federal Implementation Plan (FIP) to address the State's attainment-related requirements would also be suspended for as long as the underlying State obligation is suspended.

EPA issued a notice in the Federal Register of May 9, 2012, concerning an amendment to terminate uses of aldicarb. This document is being issued to correct a typographical error.