Environmental Protection Agency November 14, 2012 – Federal Register Recent Federal Regulation Documents

The U.S. Environmental Protection Agency (EPA) Region 5 is publishing a direct final Notice of Deletion of the Waste Management of Michigan-Holland Lagoons Superfund Site (Site), located in Ottawa County, Michigan 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 to 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 Michigan, through the Michigan Department of Environmental Quality (MDEQ), because EPA has determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

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 to address a lawsuit filed by Public Service Company of Oklahoma (``Plaintiff'') in the United States Appeals Court for the Tenth Circuit: Public Service Company of Oklahoma v. U.S. Environmental Protection Agency, et al., No. 12-9524. On February 24, 2011, Plaintiff timely filed a Petition for Review, challenging the issuance of EPA's final rule entitled, ``Approval and Promulgation of Implementation Plans; Oklahoma; Federal Implementation Plan for Interstate Transport of Pollution Affecting Visibility and Best Available Retrofit Technology Determinations,'' 76 FR 81,728 (Dec. 28, 2011) (the ``Final Rule''). The Final Rule partially approved and partially disapproved Oklahoma's state implementation plan (``SIP'') submitted under the ``visibility'' and ``interstate transport'' provisions of the Clean Air Act (``CAA''). The Final Rule included a federal implementation plan (``FIP'') establishing Best Available Retrofit Technology (``BART'') emission limitations on sulfur dioxide (``SO2'') for Units 3 and 4 of Plaintiff's Northeastern plant (``Plaintiff's Units'') to address the visibility and interstate transport provisions of the CAA. On March 26, 2012, Sierra Club (``Intervenor'') filed a timely motion to intervene. The motion was granted March 27, 2012. The proposed settlement agreement establishes a deadline for EPA to take action on a SIP to be drafted and submitted by Oklahoma addressing Plaintiff's Units.

The Environmental Protection Agency (EPA) is taking final action to approve a source-specific State Implementation Plan (SIP) revision for the South Coast Air Quality Management District (``SCAQMD'' or ``District'') portion of the California SIP. This source-specific SIP revision is known as the CPV Sentinel Energy Project AB 1318 Tracking System (``AB 1318 Tracking System''). The SIP revision consists of enabling language and the AB 1318 Tracking System to revise the District's SIP approved new source review (NSR) program. The SIP revision allows the District to transfer offsetting emission reductions for particulate matter less than 10 microns in diameter (PM10) and one of its precursors, sulfur oxides (SOX), to the CPV Sentinel Energy Project (``Sentinel''), which will be a natural gas fired power plant.