Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Notices 26631 

the OEI Docket in the EPA Headquarters 

Docket Center. 

Dated: May 4, 2007. 

Peter W. Preuss, 

Director, National Center for Environmental 

Assessment. 

[FR Doc. E7–9022 Filed 5–9–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8311–9] 

Correction to the Spring 2007 

Regulatory Agenda 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correction. 

SUMMARY: On Monday, April 30, 2007, 

the Regulatory Agenda of the Federal 

Regulatory and Deregulatory Actions for 

the Environmental Protection Agency 

was published in the Federal Register 

(72 FR 23156). The regulatory agenda 

entry for sequence number 2750, 

‘‘Action on Petition to List Diesel 

Exhaust as a Hazardous Air Pollutant,’’

contains erroneous information. This 

notice corrects the information that was 

published in the Federal Register (72 

FR 23191) under the heading of 

Abstract. 

FOR FURTHER INFORMATION CONTACT: 

Jaime Pagan, Office of Air Quality 

Planning and Standards, Office of Air 

and Radiation, Environmental 

Protection Agency (C304–01), Research 

Triangle Park, NC 27711; telephone 

number: (919) 541–5340; fax number: 

(919) 541–5450; e-mail address: 

pagan.jaime@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

Environmental Protection Agency (EPA) 

publishes the semiannual regulatory 

agenda to update the public about: 

• Regulations and major policies 

currently under development; 

• Reviews of existing regulations and 

major policies; and 

• Rules and major policymakings 

completed or canceled since the last 

Agenda. 

The regulatory agenda entry in the 

proposed rule section for sequence 

number 2750, ‘‘Action on Petition to 

List Diesel Exhaust as a Hazardous Air 

Pollutant’’ (72 FR 23191) contains 

erroneous information. The Agency did 

not intend to announce a decision to 

deny the petition. This notice corrects 

the information that was provided 

under the heading of Abstract for the 

Action on Petition to List Diesel Exhaust 

as a Hazardous Air Pollutant. The 

following agenda item replaces in its 

entirety the agenda item that was 

provided in the EPA’s Semiannual 

Regulatory Agenda for sequence number 

2750, Action on Petition to List Diesel 

Exhaust as a Hazardous Air Pollutant: 

Priority: Substantive, Nonsignificant. 

Legal Authority: Clean Air Act Section 

112(b)(3). 

CFR Citation: 40 CFR Part 63. 

Legal Deadline: Initial Action, 

Judicial, 5/30/07. As per 12/2005 

Consent Decree, extended several times 

from original date of 6/12/2006. Final, 

Judicial 6/26/07, as per 12/2005 Consent 

Decree. Only required if Agency 

proposes to grant petition. 

Abstract: Section 112 of the Clean Air 

Act contains a mandate for EPA to 

evaluate and control emissions of HAP 

from stationary sources. Section 

112(b)(1) of the Clean Air Act includes 

the original list of hazardous air 

pollutants (HAP). Section 112(b) of the 

Clean Air Act requires EPA to review 

the original list periodically and, where 

appropriate, revise the list by rule. In 

addition, under section 112(b)(3) of the 

Clean Air Act, any person may petition 

EPA to modify the list by adding or 

deleting one or more substances. On 

August 11, 2003, Environmental 

Defense submitted a petition to add 

diesel exhaust to the list of HAP. EPA 

is in the process of considering whether 

the Agency should take further action to 

address stationary diesel emissions and, 

if so, what actions may be appropriate. 

EPA intends to address this petition in 

the context of this process. 

The current deadline for signature of 

the Federal Register notice is May 30, 

2007. (Received extension by litigants 

December 14, 2006; Received another 

extension by litigants March 14, 2007; 

Received another extension by litigants 

April 12, 2007.) 

Dated: May 3, 2007. 

Brian F. Mannix, 

Associate Administrator, Office of Policy, 

Economics & Innovation. 

[FR Doc. E7–9013 Filed 5–9–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8311–7] 

Proposed Settlement Under Section 

122(h) of the Comprehensive 

Environmental Response, 

Compensation and Liability Act 

Regarding Regarding the Hilliard’s 

Creek Site, the Route 561 Dump Site, 

and the U.S. Avenue Burn Site, 

Gibbsboro, New Jersey 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of proposed 

administrative settlement and 

opportunity for public comment. 

SUMMARY: The United States 

Environmental Protection (‘‘EPA’’) is 

proposing to enter into an 

administrative settlement to resolve 

claims under the Comprehensive 

Environmental Response, Compensation 

and Liability Act of 1980, as amended 

(‘‘CERCLA’’). In accordance with 

Section 122(h)(1) of CERCLA, notice is 

hereby given of a proposed 

administrative settlement concerning 

the Hilliard’s Creek Site, the Route 561 

Dump Site, and the U.S. Avenue Burn 

Site (collectively referred to as ‘‘the 

Site’’). Section 122(h) of CERCLA 

provides EPA with the authority to 

consider, compromise and settle certain 

claims for costs incurred by the United 

States. Notice is being published to 

inform the public of the proposed 

settlement and of the opportunity to 

comment. 

The Site is located in the Borough of 

Gibbsboro, Camden County, New Jersey. 

From 1851 to 1978 a paint and varnish 

manufacturing facility was operational 

there. As part of its operations, 

hazardous substances were generated, 

stored and utilized. The facility 

included areas used for unloading raw 

materials from railroad cars, raw 

materials tank farms including storage 

tanks constructed prior to 1908, storage 

areas for drummed raw materials, an 

industrial/domestic wastewater 

treatment and disposal system 

consisting of six unlined percolation/ 

settling lagoons, an extensive system of 

pipes for the transport of raw materials, 

and a drum cleaning area. The mixing 

and processing of raw materials took 

place in a number of specialized 

buildings within the facility. In 1978 

Sherwin-Williams shut down the 

production at the Site. 

As a result of these operations and a 

release or threatened release of 

hazardous substances, EPA has 

undertaken response actions at or in 

connection with the Site under Section 

104 of CERCLA, 42 U.S.C. 9604. 

Under the terms of the Agreement, 

Sherwin-Williams will pay a total of 

$385,000 to reimburse EPA for certain 

response costs incurred at the Site. In 

exchange, EPA will grant a covenant not 

to sue or take administrative action 

against Sherwin-Williams for 

reimbursement of past response costs 

pursuant to Section 107(a) of CERCLA. 

The Attorney General has approved this 

settlement. 

EPA will consider any comments 

received during the comment period 

and may withdraw or withhold consent 


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