Environmental Protection Agency January 11, 2016 – 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 by the U.S. Environmental Protection Agency (``EPA''), Region 2, of a proposed de minimis administrative settlement agreement and order on consent pursuant to Section 122(g)(4) of CERCLA, 42 U.S.C. 9622(g)(4). The settlement agreement also includes settlement of claims under the Federal Priority Statute, 31 U.S.C. 3713 (``FPS''), and the Federal Debt Collection Procedures Act, 28 U.S.C. 3301, et seq. (``FDCPA'') under the authority of the Attorney General of the United States to compromise and settle claims of the United States. The settlement is between EPA, Yates Foil USA, Inc., and Craig Yates pertaining to the Mercury Refining Superfund Site (``Site'') located in the Towns of Guilderland and Colonie, Albany County, New York. The settlement requires Yates Foil USA, Inc. and Craig Yates to pay $275,000 to the EPA Hazardous Substance Superfund in reimbursement of response costs incurred by the EPA at the Site. The settlement includes a covenant not to sue pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, relating to the Site, the FPS, 31 U.S.C. 3713, and the FDCPA, 28 U.S.C. 3301 et seq., subject to standard reservations, and protection from contribution actions or claims as provided by Sections 113(f)(2) and 122(g)(5) of CERCLA, 42 U.S.C. 9613(f)(2) and 9622(g)(5). For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper, or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region II, 290 Broadway, New York, New York 10007-1866.

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania (the Commonwealth or Pennsylvania). This revision pertains to the Commonwealth's attainment plan for the North Reading nonattainment area (``North Reading Area'' or ``Area'') for the 2008 lead national ambient air quality standards (NAAQS), and includes a base year emissions inventory, an analysis of reasonably available control measures (RACM) (including reasonably available control technology (RACT)), a plan for reasonable further progress (RFP), a modeling demonstration of lead NAAQS attainment, and contingency measures. This action is being taken under the Clean Air Act (CAA).

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the West Virginia Department of Environmental Protection (WVDEP) for the State of West Virginia on June 3, 2015. This revision pertains to West Virginia's Prevention of Significant Deterioration (PSD) permit program regulations for preconstruction permitting requirements for major sources. The revision includes a change in West Virginia's PSD regulations related to emissions of fine particulate matter (PM2.5). The State's June 3, 2015 submittal satisfies its obligations pursuant to an earlier rulemaking in which EPA granted final conditional approval of West Virginia's PSD implementing regulations. This action also addresses specific infrastructure program elements specified in Clean Air Act (CAA) section 110(a)(2) necessary to implement, maintain, and enforce the national ambient air quality standards (NAAQS). This action is being taken under the CAA.

On August 30, 2012, the Georgia Department of Natural Resources, through the Georgia Environmental Protection Division (GA EPD), submitted a request for the Environmental Protection Agency (EPA) to redesignate the Atlanta, Georgia, fine particulate matter (PM2.5) nonattainment area (hereafter referred to as the ``Atlanta Area'' or ``Area'') to attainment for the 1997 Annual PM2.5 national ambient air quality standards (NAAQS) and to approve a state implementation plan (SIP) revision containing a maintenance plan for the Atlanta Area. EPA is proposing to determine that the Atlanta Area is continuing to attain the 1997 Annual PM2.5 NAAQS; to approve Georgia's plan for maintaining the 1997 Annual PM2.5 NAAQS in the Atlanta Area (maintenance plan), including the associated motor vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and PM2.5 for the year 2024, into Georgia's SIP; and to redesignate the Atlanta Area to attainment for the 1997 Annual PM2.5 NAAQS. EPA is also notifying the public of the status of EPA's adequacy determination for the Atlanta Area.

The Environmental Protection Agency (EPA) is taking direct final action to remove outdated rules in the Code of Federal Regulations (CFR) for the State of Washington because they are unnecessary or obsolete. The EPA is also clarifying regulations to reflect updated citations and more recent air quality monitoring data. This direct final action makes no substantive changes to the State Implementation Plan (SIP) and imposes no new requirements.

The Environmental Protection Agency (EPA) is proposing to disapprove severable portions of the February 6, 2012 Oklahoma State Implementation Plan (SIP) submittal that are now inconsistent with federal laws due to intervening decisions by the United States Courts and EPA rulemaking. This submittal establishes Minor New Source Review permitting requirements for greenhouse gas (GHG) emissions and includes Prevention of Significant Deterioration (PSD) permitting provisions for sources that are classified as major, and, thus, required to obtain a PSD permit, based solely on their potential GHG emissions. The PSD permitting provisions also require a PSD permit for modifications of otherwise major sources because they increased only GHG above applicable levels. Additionally, we are proposing to disapprove severable portions of SIP submittals for the States of Arkansas, New Mexico, and Oklahoma addressing the EPA's July 20, 2011 rule deferring PSD requirements for carbon dioxide (CO2) emissions from bioenergy and other biogenic sources (``Biomass Deferral''). We are proposing to disapprove the provisions adopting the Biomass Deferral because the deferral has expired, so the provisions are no longer consistent with federal laws. The EPA is proposing this disapproval under section 110 and part C of the Act.