Environmental Protection Agency August 24, 2007 – Federal Register Recent Federal Regulation Documents

The Evironmental Protection Agency (EPA) is proposing to enter into an administrative settlement agreement that resolves certain claims under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA) pursuant to section 122(h) of CERCLA, 42 U.S.C 9622(h). In accordance with section 122(i) of CERCLA, 42 U.S.C. 9622(i), this notice is being published to inform the public of the proposed settlement agreement and of the opportunity to comment. Under the proposed administrative settlement, the settling party, D.S.C. of Newark Enterprises, Inc. (``DSC'') will make a payment of $203,249 to resolve its liability for ``Past Response Costs,'' which are defined as those costs that EPA has paid at or in connection with a removal action performed at 126 Spicer Avenue, a residential property in South Plainfield, New Jersey through December 31, 2006, plus accrued interest on those costs. DSC will also make a payment of $25,000 to resolve its liability for violation of an administrative order on consent (``AOC'') that DSC entered into with EPA to perform the removal activities in question. In addition, the proposed administrative settlement provides that EPA may enter onto DSC's propertya former capacitor manufacturing facilityto perform the remedial action called for in the Record of Decision for Operable Unit 2 of the Site, which includes soil excavation and demolition of contaminated buildings. 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 2, 290 Broadway, 17th floor New York, New York 10007-1866.

On July 5, 2007, EPA published in the Federal Register a final rule redesignating the Kentucky portion of the bi-state Louisville 8- hour ozone nonattainment area to attainment for the 8-hour ozone National Ambient Air Quality Standard (NAAQS). EPA inadvertently omitted the State effective date in the regulatory text in the final rule for the Louisville 8-hour ozone maintenance plan. This action corrects the July 5, 2007, final rule by adding a State effective date of September 29, 2006.

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 II, of a proposed Ability To Pay settlement agreement pursuant to section 122(h) of CERCLA, 42 U.S.C. 9622(h), with Rocco Giovanniello, an individual who is a potentially responsible party for the Westwood Chemical Corporation Superfund Site (``Site'') in Middletown, Orange County, New York. Under the terms of the settlement agreement, Mr. Giovanniello would pay to EPA the amount of $25,000 towards reimbursement of EPA's past costs at the Site in installments as follows: an initial installment of $15,000 following the effective date of the settlement agreement, and a second installment of $10,000, plus interest, one year after the effective date. The settlement includes a covenant by EPA not to sue or to take administrative action against the settling party pursuant to sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), with regard to the Site. 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.

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(h)(i), notice is hereby given of a proposed settlement, intended to resolve the potential liability under CERCLA of a party for response costs incurred by EPA and by the United States Department of Justice on behalf of EPA in connection with the Pennsylvania Railroad Transformer Superfund Site, Pittsburgh, Allegheny County, Pennsylvania (``Site'').