Environmental Protection Agency March 18, 2013 – Federal Register Recent Federal Regulation Documents

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree to address a lawsuit filed by Preserve Pepe'ekeo Health and Environment in the United States District Court for the District of Hawaii: Preserve Pepe'ekeo Health and Environment v. EPA, No. CV 12 00520 ACK-RLP (D. HI). On September 19, 2012, Preserve Pepe'ekeo Health and Environment filed a complaint that EPA failed to perform its nondiscretionary duty pursuant to section 505(b)(2) of the Act, 42 U.S.C. 7661d(b)(2), to grant or deny, within 60 days after it was filed, a petition requesting that EPA object to a proposed title V operating permit for the Hu Honua Bioenergy Facility issued by the Hawai'i Department of Health to Hu Honua. Under the terms of the proposed consent decree, EPA would be required to sign its response to Plaintiff's petition by August 7, 2013, or within 30 days of the entry of this Consent Decree, whichever is later.

This Notice replaces the Notice published on November 6, 2012 in the Federal Register because that previous Notice inadvertently omitted the last page of Additions in the Tables section. Since 1988, the Environmental Protection Agency (EPA) has maintained a Federal Agency Hazardous Waste Compliance Docket (``Docket'') under Section 120(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Section 120(c) requires EPA to establish a Docket that contains certain information reported to EPA by Federal facilities that manage hazardous waste or from which a reportable quantity of hazardous substances has been released. As explained further below, the Docket is used to identify Federal facilities that should be evaluated to determine if they pose a threat to public health or welfare and the environment and to provide a mechanism to make this information available to the public. Today's notice identifies the Federal facilities not previously listed on the Docket and reported to EPA since the last update of the Docket on October 13, 2010. In addition to the list of additions to the Docket, this notice includes a section with revisions of the previous Docket list. Thus, the revisions in this update include 66 additions and 17 deletions, as well as 19 corrections to the Docket since the previous update. At the time of publication of this notice, the new total number of Federal facilities listed on the Docket is 2348.