13124 Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices 

DATES: EPA’s approval is effective April 

4, 2012 for the State of Ohio’s National 

Primary Drinking Water Regulations 

Implementation program if no timely 

request for a public hearing is received 

and accepted by the Agency; and on 

March 5, 2012 for the State of Ohio’s 

other authorized programs. 

FOR FURTHER INFORMATION CONTACT: Evi 

Huffer, U.S. Environmental Protection 

Agency, Office of Environmental 

Information, Mail Stop 2823T, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460, (202) 566–1697, 

huffer.evi@epa.gov, U.S. Environmental 

Protection Agency, Office of 

Environmental Information, Mail Stop 

2823T, 1200 Pennsylvania Avenue NW., 

Washington, DC 20460, or Karen Seeh, 

U.S. Environmental Protection Agency, 

Office of Environmental Information, 

Mail Stop 2823T, 1200 Pennsylvania 

Avenue NW., Washington, DC 20460, 

(202) 566–1175, seeh.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 13, 2005, the final Cross-Media 

Electronic Reporting Rule (CROMERR) 

was published in the Federal Register 

(70 FR 59848) and codified as part 3 of 

title 40 of the CFR. CROMERR 

establishes electronic reporting as an 

acceptable regulatory alternative to 

paper reporting and establishes 

requirements to assure that electronic 

documents are as legally dependable as 

their paper counterparts. Subpart D of 

CROMERR requires that state, tribal or 

local government agencies that receive, 

or wish to begin receiving, electronic 

reports under their EPA-authorized 

programs must apply to EPA for a 

revision or modification of those 

programs and obtain EPA approval. 

Subpart D provides standards for such 

approvals based on consideration of the 

electronic document receiving systems 

that the State, Tribe, or local 

government will use to implement the 

electronic reporting. Additionally, 

§ 3.1000(b) through (e) of 40 CFR part 3, 

subpart D provides special procedures 

for program revisions and modifications 

to allow electronic reporting, to be used 

at the option of the State, Tribe or local 

government in place of procedures 

available under existing programspecific authorization regulations. An 

application submitted under the subpart 

D procedures must show that the state, 

tribe or local government has sufficient 

legal authority to implement the 

electronic reporting components of the 

programs covered by the application 

and will use electronic document 

receiving systems that meet the 

applicable subpart D requirements. 

On December 9, 2010, the Ohio 

Environmental Protection Agency (Ohio 

EPA) submitted an application titled 

‘‘eBusiness Center Electronic Document 

Receiving System’’ for revisions/ 

modifications of its EPA-authorized 

programs under title 40 CFR. EPA 

reviewed Ohio EPA’s request to revise 

its EPA-authorized programs and, based 

on this review, EPA determined that the 

application met the standards for 

approval of authorized program 

revisions/modifications set out in 40 

CFR part 3, subpart D. In accordance 

with 40 CFR 3.1000(d), this notice of 

EPA’s decision to approve Ohio’s 

request to modify/revise its following 

EPA-authorized programs to allow 

electronic reporting under 40 CFR parts 

61, 70, 122, 141, 146, and 262–265 is 

being published in the Federal Register: 

Part 60—Standards of Performance for 

New Stationary Sources; 

Part 70—State Operating Permit 

Programs; 

Part 123—National Pollutant 

Discharge Elimination System State 

Program Requirements; 

Part 142—National Primary Drinking 

Water Regulations Implementation; and 

Part 272—Approved State Hazardous 

Waste Management Programs. 

Ohio EPA was notified of EPA’s 

determination to approve its application 

with respect to the authorized program 

listed above. 

Also, in today’s notice, EPA is 

informing interested persons that they 

may request a public hearing on EPA’s 

action to approve the State of Ohio’s 

request to revise its authorized public 

water system program under 40 CFR 

part 142, in accordance with 40 CFR 

3.1000(f). Requests for a hearing must be 

submitted to EPA within 30 days of 

publication of today’s Federal Register 

notice. Such requests should include 

the following information: 

(1) The name, address and telephone 

number of the individual, organization 

or other entity requesting a hearing; 

(2) A brief statement of the requesting 

person’s interest in EPA’s 

determination, a brief explanation as to 

why EPA should hold a hearing, and 

any other information that the 

requesting person wants EPA to 

consider when determining whether to 

grant the request; 

(3) The signature of the individual 

making the request, or, if the request is 

made on behalf of an organization or 

other entity, the signature of a 

responsible official of the organization 

or other entity. 

In the event a hearing is requested 

and granted, EPA will provide notice of 

the hearing in the Federal Register not 

less than 15 days prior to the scheduled 

hearing date. Frivolous or insubstantial 

requests for hearing may be denied by 

EPA. Following such a public hearing, 

EPA will review the record of the 

hearing and issue an order either 

affirming today’s determination or 

rescinding such determination. If no 

timely request for a hearing is received 

and granted, EPA’s approval of the State 

of Ohio’s request to revise its Part 142— 

National Primary Drinking Water 

Regulations Implementation program to 

allow electronic reporting will become 

effective 30 days after today’s notice is 

published, pursuant to CROMERR 

section 3.1000(f)(4). 

Dated: February 23, 2012. 

Andrew Battin, 

Director, Office of Information Collection. 

[FR Doc. 2012–5255 Filed 3–2–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9642–7] 

Disclosure of Confidential Business 

Information Obtained Under the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act to EPA Authorized Representative, 

South Dakota Department of 

Environment and Natural Resources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for comment. 

SUMMARY: EPA hereby complies with the 

requirements of 40 CFR 2.310(h)(3) for 

notice of disclosure to its authorized 

representative, the South Dakota 

Department of Environment and Natural 

Resources (SD DENR), Superfund 

confidential business information (CBI) 

which has been submitted to EPA 

Region 8, Office of Ecosystems 

Protection and Remediation. 

DATES: Comments may be submitted 

until April 4, 2012. 

ADDRESSES: Comments should be sent 

to: Sharon Abendschan (Mail Code 

8ENF–RC), Environmental Protection 

Agency, Region 8, 1595 Wynkoop 

Street, Denver, CO 80202–1129. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Madigan (Mail Code 8ENF–L), 

Environmental Protection Agency, 

Region 8, 1595 Wynkoop Street, Denver, 

CO 80202–1129 (303) 312–6904. 

Notice of Required Determinations, 

Provisions, and Opportunity To 

Comment 

The Comprehensive Environmental 

Response, Compensation, and Liability 

Act of 1980 (CERCLA), as amended, 

(commonly known as ‘‘Superfund’’) 

requires the establishment of an 


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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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