Environmental Protection Agency November 26, 2024 – Federal Register Recent Federal Regulation Documents
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Excess Emissions During Periods of Startup, Shutdown, and Malfunction; Partial Withdrawals of Findings of Failure To Submit State Implementation Plan (SIP)
The Environmental Protection Agency (EPA) is taking direct final action to partially withdraw two final actions finding that 13 States and/or local air pollution control agencies failed to submit State Implementation Plan (SIP) revisions required by the Clean Air Act (CAA) in a timely manner to address the EPA's 2015 findings of substantial inadequacy and "SIP calls" for provisions applying to excess emissions during periods of startup, shutdown, and malfunction (SSM). This final action would render no longer applicable certain CAA deadlines for the EPA to impose sanctions if a State does not submit a complete SIP revision addressing the outstanding requirements and to promulgate a Federal Implementation Plan (FIP). Concurrently, the EPA is also issuing a parallel proposal of this withdrawal action. See the proposed action published in the Proposed Rules section of this issue of the Federal Register.
Excess Emissions During Periods of Startup, Shutdown, and Malfunction; Partial Withdrawals of Findings of Failure To Submit State Implementation Plan (SIP)
The Environmental Protection Agency (EPA) is proposing to partially withdraw two final actions finding that 13 States and/or local air pollution control agencies failed to submit State Implementation Plan (SIP) revisions required by the Clean Air Act (CAA) in a timely manner to address the EPA's 2015 findings of substantial inadequacy and "SIP calls" for provisions applying to excess emissions during periods of startup, shutdown, and malfunction (SSM). This proposed action would render no longer applicable certain CAA deadlines for the EPA to impose sanctions if a State does not submit a complete SIP revision addressing the outstanding requirements, and to promulgate a Federal Implementation Plan (FIP). Concurrently, the EPA is also taking direct final action on this withdrawal. See the direct final action published in the Rules and Regulations section of this issue of the Federal Register. If we receive no significant adverse comment on this proposed action, we will not take further action on this proposed action.
Proposed Cost Recovery Settlement Agreement Between the United States of America and Paramount Global Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended; In Re: Wells G&H Superfund Site, Operable Unit 4, in Woburn, Massachusetts
The U.S. Environmental Protection Agency ("EPA"), Region 1, hereby provides notice of a proposed settlement agreement ("Agreement"), under section 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended ("CERCLA"), between EPA and Paramount Global ("Settling Party"), regarding Operable Unit 4 ("OU4") of the Wells G&H Superfund Site, in Woburn, Massachusetts. The proposed Agreement resolves the matter at EPA Region 1 CERCLA Docket No. 01-2024-0051, pursuant to CERCLA section 122(h)(1) and the authority of the Attorney General of the United States to compromise and settle claims of the United States. The proposed Agreement requires Settling Party to make a $120,000 payment to EPA in partial reimbursement of response costs incurred in connection with an ongoing remedial action at OU4, in accordance with the Record of Decision issued by EPA on September 29, 2017. In return for this payment, the Agreement provides Settling Party with a covenant by EPA not to sue or take administrative action, pursuant to sections 106 or 107(a) of CERCLA, for performance of remedial work or recovery of response costs relating to OU4, subject to standard reservations of rights.
Proposed Cost Recovery Settlement Agreement Between the United States of America and Raytheon Company Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as Amended; In Re: Wells G&H Superfund Site, Operable Unit 4, in Woburn, Massachusetts
The U.S. Environmental Protection Agency ("EPA"), Region 1, hereby provides notice of a proposed settlement agreement ("Agreement"), under section 122(h)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended ("CERCLA"), between EPA and Raytheon Company ("Settling Party"), regarding Operable Unit 4 ("OU4") of the Wells G&H Superfund Site, in Woburn, Massachusetts. The proposed Agreement resolves the matter at EPA Region 1 CERCLA Docket No. 01-2024-0050, pursuant to CERCLA section 122(h)(1) and the authority of the Attorney General of the United States to compromise and settle claims of the United States. The proposed Agreement requires Settling Party to make a $400,000 payment to EPA in partial reimbursement of response costs incurred in connection with an ongoing remedial action at OU4, in accordance with the Record of Decision issued by EPA on September 29, 2017. In return for this payment, the Agreement provides Settling Party with a covenant by EPA not to sue or take administrative action, pursuant to Sections 106 or 107(a) of CERCLA, for performance of remedial work or recovery of response costs relating to OU4, subject to standard reservations of rights.
Air Plan Approval; New York; Knowlton Technologies LLC
The Environmental Protection Agency (EPA) is proposing to approve a revision to the State of New York's State Implementation Plan (SIP) for the ozone National Ambient Air Quality Standard (NAAQS) related to a Source-specific SIP (SSSIP) revision for Knowlton Technologies LLC, located at 213 Factory Street, Watertown, New York (the Facility). The EPA is proposing to find that the control options in this SSSIP revision implement Reasonably Available Control Technology (RACT) with respect to volatile organic compound (VOC) emissions from the relevant Facility sources, which are identified as two underground storage tanks holding virgin methanol. This SSSIP revision is intended to implement VOC RACT for the relevant Facility sources in accordance with the requirements for implementation of the 2008 and 2015 ozone NAAQS. This proposed action will not interfere with ozone NAAQS requirements and meets all applicable requirements of the Clean Air Act (CAA).
Proposed Consent Decree, Clean Water Act Claim
In accordance with the EPA Administrator's March 18, 2022, memorandum regarding "Consent Decrees and Settlement Agreements to resolve Environmental Claims Against the Agency," notice is hereby given of a proposed consent decree in Ecological Rights Foundation v. EPA, et.al., Docket No. 3:24-cv-03665 (N.D. Cal.). Environmental Advocates, on behalf of the Ecological Rights Foundation, filed a complaint on June 18, 2024 and an amended complaint on September 18, 2024, in the United States District Court for the Northern District of California alleging the EPA failed to perform a non-discretionary duty under Clean Water Act (CWA) to either approve or disapprove revised water quality standards in California's amendments to the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary ("Bay-Delta Plan amendments") within the statutory timeframes. The EPA seeks public input on a proposed consent decree prior to its final decision-making with regard to potential settlement of the litigation.
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Comment Request; NESHAP for Gold Mine Ore Processing (Renewal)
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Gold Mine Ore Processing (EPA ICR Number 2383.06, OMB Control Number 2060-0659) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through November 30, 2024. Public comments were previously requested via the Federal Register on May 18, 2023 during a 60-day comment period. This notice allows for an additional 30 days for public comments.
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Beryllium (Renewal)
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), NESHAP for Beryllium (EPA ICR Number 0193.14, OMB Control Number 2060-0092) to the Office of Management and Budget (OMB), for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through November 30, 2024. Public comments were previously requested, via the Federal Register on May 18, 2023, during a 60-day comment period. This notice allows for an additional 30 days for public comments.
Settlement Agreement and Order on Consent: Uintah Mining District Site Summit County, Utah
In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), notice is hereby given by the United States Environmental Protection Agency ("EPA") and VR CPC Holdings, Inc. ("Respondent"). The proposed settlement agreement provides for the performance of a removal action by Respondent and the payment by Respondent of certain response costs incurred by the United States at or in connection with certain portions of the "Uintah Mining District Site" (the "Site") generally located in Summit County, Utah. EPA and the Respondent recognize that this settlement has been negotiated in good faith and that the actions undertaken by Respondent in accordance with this settlement do not constitute an admission of any liability.
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