Environmental Protection Agency May 8, 2009 – Federal Register Recent Federal Regulation Documents

EPA is approving a waiver of the requirements of the Federal asbestos-in-schools program for the State of New Hampshire. A waiver request can be granted if EPA determines that the State of New Hampshire is implementing or intends to implement a state program of asbestos inspection and management that is at least as stringent as the federal program. This action approves the waiver request submitted by Governor John H. Lynch to the EPA Region 1 Regional Administrator, on July 15, 2008, via a letter with supporting documentation requesting a full waiver of the requirements of EPA's asbestos-in-schools program pursuant to the AHERA statute and 40 CFR 763.98. EPA published a notice of proposed approval and request for comments on December 19, 2008, with a detailed description of this waiver request. EPA's rationale for approving the waiver was provided in that notice of proposed approval and request for comments and will not be restated here. No comments were received on EPA's proposal.

In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA''), as amended, 42 U.S.C. 9622(i), notice is hereby given of a proposed Administrative Order on Consent and Settlement Agreement for Removal Action and Past Response Costs (``Agreement,'' Region 9 Docket No. 9- 2009-10) pursuant to Section 122(h) of CERCLA concerning the Anaconda Copper Mine Site (the ``Site''), located in Yerington, Nevada. The settling party is Atlantic Richfield Company (``ARC''). Through the proposed Agreement, ARC will pay to the United States $2.2 million for response costs at the Site, and will conduct approximately $8 million in interim removal actions to mitigate threats from hazardous substances. The response actions that ARC will perform include: Installing caps over former evaporation ponds to help prevent accumulation of acidic ponds and to prevent the migration of hazardous dusts; mitigating threats from soils that contain concentrated amounts of otherwise naturally occurring radiation; removing abandoned asbestos containing pipes; decommissioning abandoned electrical lines; and continuing operation and maintenance of the fluid management system for abandoned heap leach facilities. The Agreement provides ARC with a covenant not to sue and contribution protection for the work performed at the Site, and for the response costs paid.

EPA is taking a final action finding that North Carolina and South Carolina have failed to submit state implementation plan (SIP) revisions to satisfy certain requirements of the Clean Air Act (CAA) for the 1997 8-hour ozone national ambient air quality standards (NAAQS). The submissions at issue were due because the Charlotte bi- state area (Charlotte Area), which includes areas in both North and South Carolina, is a moderate nonattainment area for the 1997 8-hour ozone standard. Under the CAA and EPA's implementing regulations, states with nonattainment areas classified as moderate, serious, severe or extreme were required to submit by June 15, 2007, SIPs: demonstrating how each nonattainment area would attain the 1997 8-hour ozone standard as expeditiously as practicable but no later than the applicable dates established in the implementing regulations and demonstrating reasonable further progress (RFP). Additionally, states were required by September 15, 2006, to submit for these same areas, SIPs demonstrating that sources specified under the CAA were subject to reasonably available control technology requirements (RACT). North Carolina and South Carolina made these required submissions but later withdrew the attainment demonstration submissions for the Charlotte Area. As a result, EPA is making a finding of failure to submit for both North Carolina and South Carolina of the attainment demonstrations for the Charlotte Area.

EPA is proposing to disapprove the ozone attainment demonstration portion of a comprehensive State Implementation Plan (SIP) revision submitted by the State of Delaware to meet the Clean Air Act (CAA) requirements for attaining the 8-hour ozone national ambient air quality standard (NAAQS) for the Delaware portion of the Philadelphia-Wilmington-Atlantic City moderate nonattainment area (Philadelphia Area). EPA is proposing to disapprove Delaware's attainment demonstration of the 8-hour ozone NAAQS for the Philadelphia Area because EPA has determined that the photochemical modeling does not demonstrate attainment, and the weight of evidence analysis that Delaware uses to support the attainment demonstration does not provide the sufficient evidence that the Delaware portion of the Philadelphia nonattainment area will attain the NAAQS by the June 2010 deadline.

EPA is proposing to disapprove the ozone attainment demonstration portion of a comprehensive State Implementation Plan (SIP) revision submitted by the Pennsylvania Department of Environmental Protection (PADEP) to meet the Clean Air Act (CAA) requirements for attaining the 8-hour ozone national ambient air quality standard (NAAQS) for the five-county Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City moderate nonattainment area (Philadelphia Area). The five-county Pennsylvania portion of the Philadelphia Area comprises Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties. EPA is proposing to disapprove Pennsylvania's 8- hour ozone attainment demonstration plan for its portion of the Philadelphia Area because EPA has determined that the photochemical modeling does not demonstrate attainment, and the weight of evidence analysis that Pennsylvania uses to support the attainment demonstration, does not provide the sufficient evidence that the Philadelphia Area, will attain the NAAQS by the June 2010 deadline.

The Environmental Protection Agency is proposing action on the ozone attainment demonstration portion of a comprehensive State Implementation Plan (SIP) revision submitted by Connecticut to meet Clean Air Act (CAA or Act) requirements for attaining the 8-hour ozone national ambient air quality standard. EPA is proposing to disapprove Connecticut's demonstration of attainment of the 1997 8-hour ozone standard for the Connecticut portion of the New York-N. New Jersey-Long Island, NY-NJ-CT 8-hour ozone nonattainment area (New York City ozone nonattainment area).