Environmental Protection Agency December 29, 2011 – Federal Register Recent Federal Regulation Documents

The Environmental Protection Agency (EPA) Region 4 is publishing a direct final Notice of Deletion of the Hipps Road Landfill Superfund Site (Site), located in Jacksonville, Florida, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Florida, through the Florida Department of Environmental Protection, because EPA has determined that all appropriate response actions under CERCLA, other than operation, maintenance, and five-year reviews have been completed. However, this deletion does not preclude future actions under Superfund.

The EPA is hereby providing notice of a proposed administrative order on consent (Agreement)with the Spirito Family Trust and Alice C. Clarno, Trustee, concerning 4057 and 4059 Goodwin Avenue, Los Angeles, California (Property). The Agreement is entered into pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. 9601, et seq. The Agreement provides for a settlement with the Trust on ability to pay grounds. Under the Agreement, the Trust will pay $1500 (one thousand five hundred dollars) to EPA in settlement of its potential liability for contamination at the Property.

In accordance with section 113(g) of the Clean Air Act, as amended (``CAA'' or the ``Act''), notice is hereby given of a proposed settlement agreement between Sierra Club and the U.S. Environmental Protection Agency. On March 2, 2011, Sierra Club submitted to Lisa Jackson, Administrator, United States Environmental Protection Agency (``EPA'') a Notice of intent to sue, pursuant to CAA section 304(b)(2), for alleged failure to make determinations of whether certain areas designated nonattainment for the 1997 8-hour ozone national ambient air quality standard (``8-Hour ozone standard'') have attained that standard, pursuant to section 181(b)(2) of the CAA. Sierra Club's Notice alleged that EPA failed to perform nondiscretionary duties under the CAA as to whether seven 1997 8-hour ozone areas: (1) Boston- Lawrence-Worcester (Eastern Massachusetts), (2) Chicago-Gary-Lake County (Illinois portion), (3) New York-Northern New Jersey-Long Island (New York, New Jersey, and Connecticut portions), (4) Springfield (Western Massachusetts), (5) St. Louis (Illinois and Missouri portions), (6) Charlotte-Gastonia-Rock Hill (North Carolina and South Carolina portions), and (7) Boston-Manchester-Portsmouth (New Hampshire portion) attained the 1997 8-hour ozone standard by the applicable attainment date. The proposed settlement agreement includes the Parties' agreement that EPA has taken actions with respect to three of these areasthe Boston-Manchester-Portsmouth, Charlotte-Gastonia-Rock Hill, and Chicago-Gary-Lake County areasthat have rendered moot the allegations in Sierra Club's Notice related to these areas. The proposed settlement agreement establishes deadlines for EPA to make determinations for the remaining four areas: New York-Northern New Jersey-Long Island (NY, NJ, CT) Springfield (Western MA), Boston- Lawrence-Worcester (Eastern MA), and St. Louis (IL, MO).

EPA is approving severable portions of State Implementation Plan (SIP) revisions submitted by Oklahoma to address Clean Air Act (CAA) requirements that prohibit air emissions which will contribute significantly to nonattainment in, or interfere with maintenance by, any other State for the 1997 fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS or standards) and the 2006 24-hour PM2.5 NAAQS. EPA is also approving the severable portion of a SIP revision submitted by the State of Oklahoma to address the CAA requirement that prohibits air emissions which will contribute significantly to nonattainment in any other State for the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS or standards). EPA is taking no action at this time on the severable portion of the SIP revision submitted to address the CAA requirement that prohibits air emissions which will interfere with maintenance of the 1997 ozone NAAQS in any other State. This action is being taken under section 110 of the CAA.

EPA is proposing to determine pursuant to the Clean Air Act (CAA), that the Charlotte-Gastonia-Rock Hill, North Carolina-South Carolina, ozone nonattainment area (hereafter referred to as ``the bi- state Charlotte Area'' or ``the Area'') has attained the 1997 8-hour ozone national ambient air quality standards (NAAQS) by its applicable attainment date of June 15, 2011. The determination of attainment was made by EPA on November 15, 2011, based on quality-assured and certified monitoring data for the 2008-2010 monitoring period. EPA is now proposing to find that the bi-state Charlotte Area attained the 1997 8-hour ozone NAAQS by its applicable attainment date. EPA is proposing this action because it is consistent with the CAA and its implementing regulations.