Environmental Protection Agency November 7, 2008 – Federal Register Recent Federal Regulation Documents

In accordance with Section 122(i) of the Comprehensive Environmental Response Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i), notice is hereby given of a proposed administrative settlement for recovery of past costs concerning the Chase Brass & Copper Superfund Site in Watertown, Connecticut with the following settling party: City of Waterbury, Connecticut. The settlement requires the settling party to pay $75,000 to the Hazardous Substance Superfund. The settlement includes a covenant not to sue for the settling party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a). For thirty (30) days following the date of publication of this notice, the Agency 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 One Congress Street, Boston, MA 02114-2023.

EPA is taking direct final action on the National Volatile Organic Compound Emission Standards for Aerosol Coatings, which establishes national reactivity-based emission standards for the aerosol coatings category (aerosol spray paints) under the Clean Air Act (CAA). In this direct final action, EPA is moving the applicability and compliance dates for aerosol coatings from January 1, 2009, to July 1, 2009. EPA is also making initial notifications required due on the compliance date, as opposed to 90 days in advance of the compliance date.

Under the Clean Air Act, EPA is taking direct final action to approve a revision to the Clark County portion of the Nevada State Implementation Plan (SIP). This revision consists of transportation conformity criteria and procedures related to interagency consultation and enforceability of certain transportation-related control measures and mitigation measures. The intended effect is to include the transportation conformity criteria and procedures in the applicable SIP.

On October 31, 2008, the Regional Administrator for the Environmental Protection Agency, Region 10 (EPA), approved the application by the State of Alaska to administer and enforce an Alaska version of the National Pollutant Discharge Elimination System (NPDES) program, pursuant to section 402 of the Clean Water Act (CWA or ``the Act''). The State will administer the approved Alaska Pollutant Discharge Elimination System (APDES) program through the Alaska Department of Environmental Conservation (ADEC) regulating discharges of pollutants into waters of the United States under its jurisdiction. EPA has approved the State's implementation plan that transfers the administration of specific program components from EPA to the State over a three year period from the date of program approval, subject to continuing EPA oversight and enforcement authority, in place of the NPDES program previously administered by EPA in Alaska. Upon approval of the Alaska program, the Regional Administrator notified the State, signed the Memorandum of Agreement between EPA and ADEC, and will suspend issuance of NPDES permits in Alaska in accordance with the State's approved schedule to transfer NPDES program authority. EPA retains NPDES permitting authority and primary enforcement responsibility for: the bio-solids program; facilities operating in the Denali National Park and Preserve pursuant to Alaska Statehood Act Section 11; facilities discharging in Indian Country as defined in 18 U.S.C. 1151; facilities operating outside state waters (three miles offshore); and facilities with CWA section 301(h) waivers. This approval includes an implementation plan that transfers the administration of specific program components from EPA to the State over a three year period from the date of program approval. In making its decision, EPA considered and addressed the comments and issues raised during the public comment period, public testimony at three public hearings, and comments expressed by tribes during the requested government-to-government tribal consultations.