Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices 13125 

administrative record upon which the 

President shall base the selection of a 

response action. CERCLA also requires 

the maintenance of many other records 

including those relevant to cost 

recovery. EPA has granted authorized 

representative status to the State of 

South Dakota Department of 

Environment and Natural Resources. 

Pursuant to 40 CFR 2.310(h)(3), a state 

or local governmental agency which has 

duties or responsibilities under 

CERCLA, or under regulations which 

implement CERCLA, may be considered 

an authorized representative of the 

United States for purposes of disclosure 

of CBI and may be furnished such CBI 

upon the agency’s written request, but 

only if: 

(i) The agency has first furnished to 

the EPA office, having custody of the 

information, a written opinion from the 

agency’s chief legal officer or counsel 

stating that under applicable state or 

local law the agency has the authority 

to compel a business which possesses 

such information to disclose it to the 

agency, or 

(ii) Each affected business is informed 

of those disclosures under this 

paragraph (h)(3) which pertain to it, and 

the agency has shown to the satisfaction 

of an EPA legal office that the agency’s 

use and disclosure of such information 

will be governed by state or local law 

and procedures which will provide 

adequate protection to the interests of 

affected businesses. 

Pursuant to 40 CFR 2.310(h)(4), at the 

time any information is released to a 

state or local government pursuant to 

paragraph 2.310(h), EPA must notify the 

state or local government that the 

information may be entitled to 

confidential treatment and that any 

knowing and willful disclosure of the 

information may subject the state or 

local government and its employees to 

penalties in section 104(e)(2)(B) of 

CERCLA. EPA has determined that SD 

DENR has satisfied the requirements of 

subparagraph 40 CFR 2.310(h)(3)(ii) that 

the agency demonstrate to the 

satisfaction of EPA that the agency’s use 

and disclosure of such information will 

be governed by state or local law and 

procedures which will provide adequate 

protection to the interests of affected 

businesses. EPA hereby advises affected 

parties that they are informed of 

potential disclosures to SD DENR under 

paragraph 40 CFR 2.310(h)(3), and that 

they have ten working days to comment 

pursuant to 40 CFR 2.301(h)(2)(iii), 

incorporated by reference into 40 CFR 

2.310(h)(2). 

Comments should be sent to: 

Environmental Protection Agency, 

Region 8, Sharon Abendschan (Mail 

Code 8ENF–RC), Environmental 

Protection Agency, Region 8, 1595 

Wynkoop Street, Denver, CO 80202– 

1129. 

Andrew M. Gaydosh, 

Assistant Regional Administrator, Office of 

Enforcement, Compliance and Environmental 

Justice, EPA, Region 8. 

[FR Doc. 2012–5258 Filed 3–2–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9642–4] 

Proposed Administrative Settlement 

Pursuant to the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with Section 

122(h) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, as 

amended (CERCLA), 42 U.S.C. 

9622(h)(1), notice is hereby given of a 

proposed administrative settlement 

concerning the Eagle Picher Carefree 

Battery Superfund Site, located in 

Socorro, Socorro County, New Mexico. 

The settlement requires the one (1) 

settling party to pay a total of 

$200,000.00 as payment of response 

costs to the Hazardous Substances 

Superfund. The settlement includes a 

covenant not to sue pursuant to Section 

107 of CERCLA, 42, U.S.C. 9607. 

For thirty (30) days beginning the date 

of publication of this notice, the Agency 

will receive written comments relating 

to this notice and will receive written 

comments relating to the settlement. 

The Agency will consider all comments 

received and may modify or withdraw 

its consent to the settlement if 

comments received disclose facts or 

considerations which indicate that the 

settlement is inappropriate, improper, 

or inadequate. The Agency’s response to 

any comments received will be available 

for public inspection at 1445 Ross 

Avenue, Dallas, Texas 75202–2733. 

DATES: Comments must be submitted on 

or before April 4, 2012. 

ADDRESSES: The proposed settlement 

and additional background information 

relating to the settlement are available 

for public inspection at 1445 Ross 

Avenue Dallas, Texas 75202–2733. A 

copy of the proposed settlement may be 

obtained from Robert Werner, 

Enforcement Officer, 1445 Ross Avenue, 

Dallas, Texas 75202–2733 or by calling 

(214) 665–6724. Comments should 

reference the Eagle Picher Carefree 

Battery Superfund Site, located in 

Socorro, Socorro County, New Mexico 

and EPA CERCLA Docket Number 06– 

08–11, and should be addressed to 

Robert Werner, Enforcement Officer, at 

the address listed above. 

FOR FURTHER INFORMATION CONTACT: 

Gloria Moran, Attorney, 1445 Ross 

Avenue Dallas, Texas 75202–2733 or 

call (214) 665–3193. 

Dated: February 17, 2012. 

Al Armendariz, 

Regional Administrator (6RA). 

[FR Doc. 2012–5262 Filed 3–2–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9642–6] 

Tentative Approval and Solicitation of 

Request for a Public Hearing for Public 

Water System Supervision Program 

Revision for the Commonwealth of 

Virginia 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of tentative approval and 

Solicitation of Requests for a Public 

Hearing. 

SUMMARY: Notice is hereby given in 

accordance with the provision of section 

1413 of the Safe Drinking Water Act, as 

amended, and the requirements 

governing the National Primary 

Drinking Water Regulations 

Implementation, 40 CFR part 142, that 

the Commonwealth of Virginia is 

revising its approved Public Water 

System Supervision Program. The 

Commonwealth has adopted the Long 

Term 2 Enhanced Surface Water 

Treatment Rule and the Stage 2 

Disinfectants and Disinfection 

Byproducts Rule which will provide for 

better public health protection by 

reducing potential cancer and 

reproductive and developmental health 

risks from disinfection byproducts in 

drinking water and by reducing illness 

linked with Cryptosporidium and other 

pathogenic microorganisms in drinking 

water. EPA has determined that these 

revisions are no less stringent than the 

corresponding Federal regulations. EPA 

is taking action to tentatively approve 

these program revisions. All interested 

parties are invited to submit written 

comments on this determination and 

may request a public hearing. 

DATES: Comments or a request for a 

public hearing must be submitted by 


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