Leonard Chemical Superfund Site; Catawba, York County, SC; Notice of Settlement, 729-730 [2012-31731]
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Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices
The States of South Dakota and Utah
have been authorized permitting
authority for sewage sludge, therefore
the EPA’s general permits will be
reissued only for Indian country in
those States. The general permit for
Indian country in Utah does not include
the portions of the Goshute Indian
Reservation and the Navajo Nation in
Utah because the permitting activities
for these reservations are done by
Region 9 of the EPA. The State of
Colorado has not been authorized
permitting authority for Federal
facilities, so a general permit is
proposed for Federal facilities not
located in Indian country.
Authorization for use/disposal of
sewage sludge under the general permits
may be for one of the following three
categories: Category 1—Facilities/
operations that generate and/or partially
treat sewage sludge, but do not use/
dispose of sewage sludge; Category 2—
Facilities/operations that use/dispose of
sewage sludge and may also generate
and/or treat sewage sludge; and
Category 3—Wastewater lagoon systems
that need to land apply sewage sludge
on an occasional, restricted basis.
Authorization for use/disposal of
sewage sludge under the general permit
will be limited to one of the three
categories, but authorization may be
granted to one or more subcategories
under Category 2. In applying for
authorization for use/disposal of sewage
sludge under the general permit, the
applicant will be required to specify
under which category or subcategory(s)
authorization is being requested.
However, the permit issuing authority
will have the final determination as to
which category or subcategory(s) the
authorization will be granted. The
requirements in the permit for the use/
disposal of sewage sludge are based
primarily on 40 CFR Part 503.
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Other Legal Requirements
Economic Impact (Executive Order
12866): The EPA has determined that
the issuance of this general permit is not
a ‘‘significant regulatory action’’ under
the terms of Executive Order 12866 (58
FR 51735 (October 4, 1993)) and is
therefore not subject to formal OMB
review prior to proposal.
Paperwork Reduction Act: The EPA
has reviewed the requirements imposed
on regulated facilities in these proposed
general permits under the Paperwork
Reduction Act of 1980, 44 U.S.C. § 501
et seq. The information collection
requirements of these permits have
already been approved by the Office of
Management and Budget in submissions
made for the NPDES permit program
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under the provisions of the Clean Water
Act.
Regulatory Flexibility Act (RFA), 5
U.S.C. 601 et seq., as amended by the
Small Business regulatory Enforcement
Fairness Act (SBREFA): The RFA
requires that the EPA prepare a
regulatory flexibility analysis for rules
subject to the requirements of 5 U.S.C.
553(b) that have a significant impact on
a substantial number of small entities.
The permit proposed today, however, is
not a ‘‘rule’’ subject to the requirements
of 5 U.S.C. 553(b) and is therefore not
subject to the RFA.
Unfunded Mandates Reform Act:
Section 201 of the Unfunded Mandates
Reform Act (UMRA), Public Law 104–4,
generally requires Federal agencies to
assess the effects of their ‘‘regulatory
actions’’ defined to be the same as
‘‘rules’’ subject to the RFA) on tribal,
state, local governments and the private
sector. The permit proposed today,
however, is not a ‘‘rule’’ subject to the
RFA and is therefore not subject to the
requirements of the UMRA.
Authority: Clean Water Act, 33 U.S.C. 1251
et seq.
729
indicate that the settlement is
inappropriate, improper, or inadequate.
ADDRESSES: Copies of the settlement are
available from Ms. Paula V. Painter.
Submit your comments by Site name
Ellman Battery Superfund Site by one of
the following methods:
• www.epa.gov/region4/superfund/
programs/enforcement/
enforcement.html.
• Email. Painter.Paula@epa.gov.
• U.S. Environmental Protection
Agency, 61 Forsyth Street SW., Atlanta,
Georgia 30303.
FOR FURTHER INFORMATION CONTACT:
Paula V. Painter at 404/562–8887.
Dated: December 10, 2012.
Anita L. Davis,
Chief, Superfund Enforcement & Information
Management Branch, Superfund Division.
[FR Doc. 2012–31733 Filed 1–3–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9767–7; CERCLA–04–2013–3752]
Dated: December 17, 2012.
Derrith R. Watchman-Moore,
Assistant Regional Administrator, Office of
Partnerships and Regulatory Assistance.
Leonard Chemical Superfund Site;
Catawba, York County, SC; Notice of
Settlement
[FR Doc. 2012–31716 Filed 1–3–13; 8:45 am]
AGENCY:
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9767–6; CERCLA–04–2012–3780]
Ellman Battery Superfund Site;
Orlando, Orange County, FL; Notice of
Settlement
Environmental Protection
Agency (EPA).
ACTION: Notice of settlement.
AGENCY:
Under 122(h)(1) of the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA), the United States
Environmental Protection Agency has
entered into an Ability To Pay
settlement to recover outstanding cost
from two parties concerning a previous
Removal Action at the Ellman Battery
Superfund Site located in Orlando,
Orange County, Florida.
DATES: The Agency will consider public
comments on the settlement until
February 4, 2013. 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
SUMMARY:
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Environmental Protection
Agency.
ACTION: Notice of settlement.
Under 122(h)(1) of the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA), the United States
Environmental Protection Agency has
entered into a settlement to recover
outstanding cost from three parties who
did not participate in a previous
Consent Decree to perform a Remedial
Action at the Leonard Chemical
Superfund Site located in Catawba,
York County, South Carolina.
DATES: The Agency will consider public
comments on the settlement until
February 4, 2013. 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.
ADDRESSES: Copies of the settlement are
available from Ms. Paula V. Painter.
Submit your comments by Site name
Leonard Chemical Superfund Site by
one of the following methods:
• www.epa.gov/region4/superfund/
programs/enforcement/
enforcement.html
• Email. Painter.Paula@epa.gov
SUMMARY:
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730
Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Notices
• U.S. Environmental Protection
Agency, 61 Forsyth Street SW., Atlanta,
Georgia 30303.
FOR FURTHER INFORMATION CONTACT:
Paula V. Painter at 404/562–8887.
Dated: December 7, 2012.
Anita L. Davis,
Chief, Superfund Enforcement & Information
Management Branch, Superfund Division.
[FR Doc. 2012–31731 Filed 1–3–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9767–1]
State Program Requirements;
Approval of Application To Administer
Partial National Pollutant Discharge
Elimination Program; Oklahoma
Environmental Protection
Agency.
ACTION: Approval of Oklahoma
Department of Agriculture, Food and
Forestry’s (ODAFF) Agricultural
Pollutant Discharge Elimination System
program under the Clean Water Act.
AGENCY:
On December 20, 2012, the
Regional Administrator for the
Environmental Protection Agency,
Region 6 (EPA) approved the request of
the State of Oklahoma for authorization
of the Agriculture Pollutant Discharge
Elimination System (AgPDES) program
pursuant to Section 402(b) of the Clean
Water Act (CWA or ‘‘the Act’’). The
AgPDES program will be administered
by the Oklahoma Department of
Agriculture, Food and Forestry (ODAFF)
and is a major category partial National
Pollutant Discharge Elimination System
(NPDES) permit program under Section
402(n)(3) of the Act for all discharges of
pollutants into waters of the United
States within ODAFF’s jurisdiction.
DATES: Effective Date: Pursuant to 40
CFR 123.61(c), the AgPDES program
was approved and became effective on
December 20, 2012. As of the date of
program approval, NPDES permitting
authority for those discharges subject to
the AgPDES program transferred from
EPA to ODAFF.
To View or Obtain Copies of
Documents: Copies of ODAFF’s program
approval submission (referred to
throughout this document as ODAFF’s
application) and all other documents in
the Administrative Record are available
for inspection from 9 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays, at EPA Region 6, 1445 Ross
Ave., Dallas, Texas 75202.
A copy of ODAFF’s application is
available online at the EPA Region 6
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SUMMARY:
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web page: https://www.epa.gov/region6/
water/npdes/ok-daff/ A
paper copy of part of all of the State’s
application or any other documents in
the Administrative Record may be
obtained from EPA Region 6 in Dallas
for a cost of .15 cents per page.
FOR FURTHER INFORMATION CONTACT: Ms.
Denise Hamilton at the EPA address
listed above or by calling (214) 665–
2775, FAX (214) 665–2191, email:
Hamilton.Denise@epa.gov.
SUPPLEMENTARY INFORMATION: Section
402 of the CWA created the NPDES
program under which EPA may issue
permits for the point source discharge of
pollutants to waters of the United States
under conditions required by the Act.
Section 402(b) requires EPA to authorize
a State to administer an equivalent state
program upon the Governor’s request,
provided the State has appropriate legal
authority and a program sufficient to
meet the Act’s requirements. Major
category partial permit program
approval is provided for under section
402(n)(3) of the CWA. Pursuant to that
Section, EPA may approve a partial
permit program covering a major
category of a State’s discharges if the
program represents a complete permit
program and covers all of the discharges
under the jurisdiction of the agency
seeking approval, and if EPA determines
that the partial program represents a
significant and identifiable part of the
State program required by Section
402(b) of the Act. The Oklahoma
discharges subject to regulation under
the federal NPDES program and the
AgPDES program administered by
ODAFF are discharges associated with
concentrated animal feeding operations
(‘‘CAFO’’), discharges from the
application of biological pesticides or
chemical pesticides that leave a residue,
discharges from silviculture activities,
and discharges of storm water from
agricultural activities. ODAFF does not
have jurisdiction over all discharges
within the State of Oklahoma. A large
portion of the State’s discharges are
covered by the Oklahoma Department of
Environmental Quality’s (ODEQ’s)
approved NPDES program. EPA retains
jurisdiction over discharges to Indian
Country, as defined in 18 U.S.C. 1151,
and over discharges under the
jurisdiction of the Oklahoma
Corporation Commission.
On August 16, 2012, the Governor of
Oklahoma requested NPDES major
category partial permit program
approval and submitted, in accordance
with 40 CFR 123.21 a program
description (including funding,
personnel requirements and
organization, and permit and
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enforcement procedures), a Statement of
Legal Authority, copies of applicable
State statutes and regulations, and a
Memorandum of Agreement (MOA) to
be executed by the Regional
Administrator of EPA Region 6 and the
Commissioner of Agriculture for
ODAFF. ODAFF seeks permitting and
enforcement authority for all discharges
within its jurisdiction. At the request of
EPA, ODAFF made revisions to several
of the program submittal documents and
the last of these revisions was received
by EPA on September 7, 2012. EPA
determined that ODAFF’s August 16th
application for partial program
approval, as amended September 7,
2012, was complete under 40 CFR
123.21 and a letter of completeness was
sent to ODAFF on September 14, 2012.
On September 24, 2012, notice of the
State’s application was published in the
Federal Register (77 FR 58830),
announcing a 45 day public comment
period. Notice was also published in the
Daily Oklahoman and Tulsa World
newspapers on September 25, 2012.
Both an informal public meeting and a
public hearing were held in Oklahoma
City, Oklahoma on October 25, 2012.
The public meeting included a
presentation on Oklahoma’s request for
AgPDES program approval and a
question and answer session. Oral and
written comments for the official record
were accepted at the public hearing,
which was held in accordance with 40
CFR 124.12.
EPA was required to approve
ODAFF’s application within 90 days of
submittal of a complete submission
unless the submittal did not meet the
requirements of Section 402(b) of the
Act and EPA regulations, or EPA and
ODAFF jointly agreed to extend this
deadline. (See 40 CFR 123.2l (d). By
email dated December 4, 2012, EPA and
ODAFF extended the statutory review
period until December 20, 2012.
To obtain program approval, ODAFF
was required to show among other
things that it has authority to issue
permits that comply with the Act,
authority to impose civil and criminal
penalties for permit violations, and
authority to ensure that the public is
given notice and opportunity for a
hearing on each proposed permit.
Authority to approve State programs
is provided to EPA pursuant to Section
402(b) of the CWA. The regulatory
requirements for state program approval
are set forth in 40 CFR part 123. EPA’s
decision to approve the AgPDES
program is based on the requirements of
CWA § 402 and 40 CFR part 123. In
making its decision, EPA considered all
comments and issues raised during the
public comment period, including those
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[Federal Register Volume 78, Number 3 (Friday, January 4, 2013)]
[Notices]
[Pages 729-730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31731]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9767-7; CERCLA-04-2013-3752]
Leonard Chemical Superfund Site; Catawba, York County, SC; Notice
of Settlement
AGENCY: Environmental Protection Agency.
ACTION: Notice of settlement.
-----------------------------------------------------------------------
SUMMARY: Under 122(h)(1) of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), the United States
Environmental Protection Agency has entered into a settlement to
recover outstanding cost from three parties who did not participate in
a previous Consent Decree to perform a Remedial Action at the Leonard
Chemical Superfund Site located in Catawba, York County, South
Carolina.
DATES: The Agency will consider public comments on the settlement until
February 4, 2013. 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.
ADDRESSES: Copies of the settlement are available from Ms. Paula V.
Painter. Submit your comments by Site name Leonard Chemical Superfund
Site by one of the following methods:
www.epa.gov/region4/superfund/programs/enforcement/enforcement.html
Email. Painter.Paula@epa.gov
[[Page 730]]
U.S. Environmental Protection Agency, 61 Forsyth Street
SW., Atlanta, Georgia 30303.
FOR FURTHER INFORMATION CONTACT: Paula V. Painter at 404/562-8887.
Dated: December 7, 2012.
Anita L. Davis,
Chief, Superfund Enforcement & Information Management Branch, Superfund
Division.
[FR Doc. 2012-31731 Filed 1-3-13; 8:45 am]
BILLING CODE 6560-50-P
