40140 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Notices 

trade and believes what little there may 

be of these old products should no 

longer be put to use. Accordingly, the 

cancellation order issued in this notice 

includes the following existing stocks 

provisions: The cancellation order 

issued in this notice includes the 

following existing stocks provisions. 

The distribution, sale or use of 

existing stocks will not be lawful under 

FIFRA with the date of this cancellation 

order except for the purpose of returns 

and relabeling, shipping such stocks for 

export consistent with the requirements 

of section 17 of FIFRA, or for proper 

disposal. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: June 10, 2013. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-Evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2013–15865 Filed 7–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL 9830–3] 

Proposed CERCLA Administrative 

Settlement Agreement and Order on 

Consent for the Mercury Refining 

Superfund Site, Towns of Guilderland 

and Colonie, Albany County, New York 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for public 

comment 

SUMMARY: In accordance with Section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980, as amended (‘‘CERCLA’’), 42 

U.S.C. 9622(i), notice is hereby given by 

the U.S. Environmental Protection 

Agency (‘‘EPA’’), Region 2, of a 

proposed de minimis administrative 

settlement agreement and order on 

consent pursuant to Section 122(g)(4)of 

CERCLA, 42 U.S.C. 9622(g)(4). The 

settlement agreement includes 

settlement of penalties under Section 

104(e)(5) of CERCLA, 42 U.S.C. 

9604(e)(5) under the authority of the 

Attorney General of the United States to 

compromise and settle claims of the 

United States. The settlement is 

between EPA and Titan Wheel 

Corporation of Illinois (hereafter 

‘‘Titan’’) pertaining to the Mercury 

Refining Superfund Site (‘‘Site’’) located 

in the Towns of Guilderland and 

Colonie, Albany County, New York. The 

settlement requires Titan to pay $23,000 

to the EPA Hazardous Substance 

Superfund. The settlement amount 

covers Titan’s fair share of cleanup costs 

incurred and anticipated to be incurred 

in the future, plus a ‘‘premium’’ that 

accounts for, among other things, 

uncertainties associated with the costs 

of that future work at the Site plus a 

penalty for Titan’s failure to comply 

with an information request letter sent 

pursuant to Section 104(e) of CERCLA, 

42 U.S.C. 9604(e). The settlement 

includes a covenant not to sue pursuant 

to Sections 106, 107 and 104(e)(5) of 

CERCLA, 42 U.S.C. 9606, 9607, and 

9604(e)(5) relating to the Site, subject to 

limited reservations, and protection 

from contribution actions or claims as 

provided by Sections 113(f)(2) and 

122(g)(5) of CERCLA, 42 U.S.C. 

9613(f)(2) and 9622(g)(5). For thirty (30) 

days following the date of publication of 

this notice, EPA will receive written 

comments relating to the settlement. 

EPA will consider all comments 

received and may modify or withdraw 

its consent to the settlement if 

comments received disclose facts or 

considerations that indicate that the 

proposed settlement is inappropriate, 

improper, or inadequate. EPA’s 

response to any comments received will 

be available for public inspection at 

EPA Region II, 290 Broadway, New 

York, New York 10007–1866. 

DATES: Comments must be submitted on 

or before August 2, 2013. 

ADDRESSES: The proposed settlement is 

available for public inspection at EPA 

Region 2 offices at 290 Broadway, New 

York, New York 10007–1866. Comments 

should be sent to the individual 

identified below and should reference 

the Mercury Refining Superfund Site, 

Index No. CERCLA–02–2013–2012. To 

request a copy of the proposed 

settlement agreement, please contact the 

individual identified below. 

FOR FURTHER INFORMATION CONTACT: 

Sharon E. Kivowitz, Assistant Regional 

Counsel, New York/Caribbean 

Superfund Branch, Office of Regional 

Counsel, U.S. Environmental Protection 

Agency, 17th Floor, 290 Broadway, New 

York, New York 10007–1866. 

Telephone: 212–637–3183. Email: 

kivowitz.sharon@epa.gov. 

Dated: June 6, 2013. 

Nicoletta DiForte, 

Acting Director, Emergency and Remedial 

Response Division, EPA, Region 2. 

[FR Doc. 2013–16071 Filed 7–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL 9830–6] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Proposed Consent 

Decree; Request for Public Comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘CAA’’ or the ‘‘Act’’), notice is hereby 

given of a proposed consent decree to 

address a lawsuit filed by Sierra Club in 

the United States District Court for the 

District of Columbia: Sierra Club v. 

Perciasepe, No. 1:12–cv–01917 (D.D.C). 

On November 28, 2012, Sierra Club filed 

a complaint alleging that EPA failed to 

take action on state implementation 

plan (‘‘SIP’’) submissions from the 

States of Wyoming and Connecticut by 

the statutory deadlines established by 

the Act. The proposed consent decree 

establishes deadlines for EPA to take 

action on the SIP submissions. 

DATES: Written comments on the 

proposed consent decree must be 

received by August 2, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2013–0500, online at 

www.regulations.gov (EPA’s preferred 

method); by email to 

oei.docket@epa.gov; by mail to EPA 

Docket Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; or by 

hand delivery or courier to EPA Docket 

Center, EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC, between 8:30 a.m. and 4:30 p.m. 

Monday through Friday, excluding legal 

holidays. Comments on a disk or CD– 

ROM should be formatted in Word or 

ASCII file, avoiding the use of special 

characters and any form of encryption, 

and may be mailed to the mailing 

address above. 

FOR FURTHER INFORMATION CONTACT: 

Matthew C. Marks, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–3276; fax number (202) 564–5603; 

email address: marks.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

resolve a lawsuit filed by the Sierra Club 

seeking to compel the Administrator to 


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