Environmental Protection Agency August 14, 2009 – Federal Register Recent Federal Regulation Documents

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 of a proposed settlement embodied in an amendment to an Administrative Order on Consent, Index No. CERCLA-02-2001-2020 (``Order''). The Order was issued to the International Business Machines Corporation (``IBM'') in connection with the Shenandoah Road Groundwater Contamination Superfund Site, East Fishkill, Dutchess County, New York (``Site''). The amendment to the Order was signed by the U.S. Environmental Protection Agency (``EPA'' or the ``Agency'') on June 15, 2009, and contains a covenant not to sue under Section 122(h) of CERCLA, 42 U.S.C. 9622(h). Under the proposed amendment, EPA is covenanting not to sue IBM for $50,000 of response costs, conditioned upon IBM's assistance to the Town of East Fishkill in acquiring waterline easements to properties at the Site, and upon IBM's performance of its obligations under the Order, including construction of an alternate water supply. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the amendment. EPA will consider all comments received and may modify or withdraw its consent to the covenant not to sue if comments received disclose facts or considerations that indicate that the proposed covenant not to sue is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at EPA, Region 2, 290 Broadway, New York, New York 10007-1866.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Sierra Club (``Plaintiff'') in the United States District Court for the Western District of Wisconsin: Sierra Club v. Jackson, No.3:09-cv-00122-slc (W.D. WI). Sierra Club filed a deadline suit to compel the Administrator to respond to an administrative petition seeking EPA's objection to a CAA Title V operating permit issued by the Wisconsin Department of Natural Resources to Wisconsin Power & Light Company's Columbia Generating Station (``CGS''), near Pardeeville, Wisconsin. Under the terms of the proposed consent decree, EPA has agreed to respond to the petition by September 18, 2009, or within 20 days of the entry date of this Consent Decree, whichever date is later.