Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Notices 44725 

the issuance of a state-only permit was 

confusing to the public and supports the 

notion that Michigan wetland permits 

are governed solely by Michigan law. 

EPA notes that Michigan permits are 

based on Michigan state law and agrees 

that the issuance of a state-only permit 

can be confusing in light of the fact that 

the Michigan program is supposed to be 

consistent with the CWA Section 404. It 

is EPA’s expectation that once the 

proposed corrective actions are 

implemented, the Michigan program 

will be consistent with the federal 

program and MDEQ no longer will feel 

compelled by circumstances to issue 

state-only permits, except in cases 

where the 90-day timeframe for 

approval or disapproval has lapsed and 

the permit will be a state-only permit. 

The federal regulations do, however, 

recognize that there may be cases when 

the state neither satisfies EPA’s 

objections nor denies the permit. In 

such an instance the regulations at 

233.50(j) state that the Corps shall 

process the permit application. 

A number of commenters criticized 

MDEQ’s enforcement efforts in general. 

Other commenters disagreed with EPA’s 

finding that MDEQ is adequately 

authorized to and is observing the 

federal requirements with regard to 

investigation of citizen complaints. 

Some commenters also expressed 

disagreement with EPA’s findings that 

MDEQ conducts an adequate wetland 

enforcement program. Commenters 

expressed concern that MDEQ issues 

after-the-fact permits too often, rather 

than take an enforcement action. 

Commenters also stated that they did 

not think that MDEQ was adequately 

monitoring permittees’ compliance with 

permit conditions. EPA agrees that an 

increase in MDEQ enforcement activity 

and monitoring of compliance with 

permit conditions would be beneficial 

to the resources and would strengthen 

Michigan’s permitting program. EPA 

finds, however, that MDEQ’s 

enforcement program as administered is 

adequate and effective. While EPA is 

not requiring that MDEQ implement any 

specific corrective actions with regard to 

its enforcement program, EPA has made 

a number of recommendations for 

improvement in the Final Report. EPA 

also notes that MDEQ is currently taking 

steps to increase the number of 

enforcement staff. 

Summary of Findings 

EPA’s informal review of Michigan’s 

CWA Section 404 program included 

consideration of all the information 

submitted by MDEQ and the comments 

received in response to the January 7, 

2003 Federal Register Notice. EPA has 

identified several deficiencies in 

Michigan’s CWA Section 404 program. 

In order to remedy these deficiencies, 

MDEQ has proposed certain corrective 

actions and a timetable for completion 

of these actions. EPA agrees that the 

state’s proposed corrective actions, once 

implemented, will address the 

deficiencies identified in Michigan’s 

CWA Section 404 program. The 

deficiencies and the corrective actions 

proposed by the state of Michigan are 

contained in the Final Report and in 

documents located in the public docket 

that support this Notice. EPA has 

concluded that program withdrawal 

proceedings should not be initiated at 

this time. However, this Notice and the 

Final Report are not EPA’s final action 

on the petition to withdraw. Within 36 

months of the date of this notice, EPA 

will review all corrective actions 

completed by Michigan and determine 

whether initiating formal withdrawal 

proceedings is warranted. 

Dated: July 22, 2008. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. E8–17588 Filed 7–30–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8699–4] 

Proposed Past Cost Administrative 

Settlement Under Section 122(h)(1) of 

CERCLA for the Sterling Morton High 

School Superfund Site, Town of 

Cicero, Cook County, IL 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; Request for public 

comment. 

SUMMARY: In accordance with section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, as 

amended ((CERCLA(), 42 U.S.C. 9622(i), 

notice is hereby given of a proposed 

administrative settlement agreement 

pursuant to section 122(h)(1) of 

CERCLA for recovery of past response 

costs incurred by EPA in connection 

with the Sterling Morton High School 

Superfund Site, located in the Town of 

Cicero, Cook County, Illinois (the 

‘‘Site’’). The proposed settlement has 

been approved by the Deputy Section 

Chief of the Environmental Enforcement 

Section of the Environment and Natural 

Resources Division of the U.S. 

Department of Justice. 

Under the terms of the proposed 

settlement agreement, within fifteen (15) 

days of its effective date the following 

parties will pay $550,000 to the 

Hazardous Substances Superfund: J. 

Sterling Morton High School District 

201; Amphenol Corporation; Berkshire 

Investments LLC; Chemtura 

Corporation; CSX Transportation, Inc.; 

E.I. Du Pont de Nemours and Company; 

Getronics NV; Honeywell International 

Inc.; Total Logistics Control, LLC; and 

Vesper Holdings LLC. In each of the 

nine years subsequent to the effective 

date of the proposed agreement, J. 

Sterling Morton High School District 

201 will pay an additional $50,000. The 

settlement represents recovery of 

approximately 91% of the response 

costs incurred by the Agency in 

connection with the time-critical 

removal action conducted by EPA at the 

Site, plus interest. In exchange for 

payment, the United States covenants 

not to sue or take administrative action 

pursuant to section 107(a) of CERCLA, 

42 U.S.C. 9607(a), to recover past 

response costs. In addition, the settling 

parties are entitled to protection from 

contribution actions or claims for past 

response costs, as provided by sections 

113(f)(2) and 122(h)(4) of CERCLA, 42 

U.S.C. 9613(f)(2) and 9622(h)(4). 

For thirty (30) days after the date of 

publication of this notice, the Agency 

will receive written comments relating 

to the proposed settlement. The Agency 

will consider all comments received, 

and may withdraw its consent to the 

settlement if comments received 

disclose facts or considerations which 

indicate that the settlement is 

inappropriate, improper, or inadequate. 

DATES: Comments on the proposed 

settlement must be submitted on or 

before September 2, 2008. 

ADDRESSES: A copy of the proposed 

settlement agreement is available for 

public inspection at EPA’s Record 

Center, 7th floor, 77 W. Jackson Blvd., 

Chicago, Illinois 60604. A copy may 

also be obtained from Eileen L. Furey, 

Chief, Multi-Media II, Section 3, U.S. 

EPA Region 5, 77 W. Jackson Blvd. 

(Mail Code C–14J), Chicago, Illinois 

60604; telephone (312) 886–7950. 

Written comments on the proposed 

settlement should be addressed to 

Eileen Furey at the address specified 

above, and should reference the Sterling 

Morton High School Superfund Site, 

Town of Cicero, Cook County, Illinois, 

EPA Docket No. V–W–08–C–907. 

FOR FURTHER INFORMATION CONTACT: 

Eileen Furey at the address and phone 

number specified above. 

Authority: The Comprehensive 

Environmental Response, Compensation, and 

Liability Act of 1980, as amended, 42 U.S.C. 

9601 et seq. 


jlentini on PROD1PC65 with NOTICES
44726 Federal Register / Vol. 73, No. 148 / Thursday, July 31, 2008 / Notices 

Dated: July 21, 2008. 

Richard C. Karl, 

Director, Superfund Division, Region 5. 

[FR Doc. E8–17596 Filed 7–30–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8699–2] 

Recent Posting to the Applicability 

Determination Index (ADI) Database 

System of Agency Applicability 

Determinations, Alternative Monitoring 

Decisions, and Regulatory 

Interpretations Pertaining To 

Standards of Performance for New 

Stationary Sources, National Emission 

Standards for Hazardous Air 

Pollutants, and the Stratospheric 

Ozone Protection Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability. 

SUMMARY: This notice announces 

applicability determinations, alternative 

monitoring decisions, and regulatory 

interpretations that EPA has made 

under the New Source Performance 

Standards (NSPS); the National 

Emission Standards for Hazardous Air 

Pollutants (NESHAP); and the 

Stratospheric Ozone Protection 

Program. 

FOR FURTHER INFORMATION CONTACT: An 

electronic copy of each complete 

document posted on the Applicability 

Determination Index (ADI) database 

system is available on the Internet 

through the Office of Enforcement and 

Compliance Assurance (OECA) Web site 

at: http://www.epa.gov/compliance/ 

monitoring/programs/caa/adi.html. The 

letters and memoranda may be searched 

on the ADI by date, office of issuance, 

subpart, citation, control number or by 

string word searches. For questions 

about the ADI or this notice, contact 

Maria Malave at EPA by phone at: (202) 

564–7027, or by e-mail at: 

malave.maria@epa.gov. For technical 

questions about the individual 

applicability determinations or 

monitoring decisions, refer to the 

contact person identified in the 

individual documents, or in the absence 

of a contact person, refer to the author 

of the document. 

SUPPLEMENTARY INFORMATION: 

Background: 

The General Provisions to the NSPS 

in 40 Code of Federal Regulations (CFR) 

part 60 and the NESHAP in 40 CFR part 

61 provide that a source owner or 

operator may request a determination of 

whether certain intended actions 

constitute the commencement of 

construction, reconstruction, or 

modification. EPA’s written responses 

to these inquiries are commonly referred 

to as applicability determinations. See 

40 CFR 60.5 and 61.06. Although the 

part 63 NESHAP and section 111(d) of 

the Clean Air Act regulations contain no 

specific regulatory provision that 

sources may request applicability 

determinations, EPA does respond to 

written inquiries regarding applicability 

for the part 63 and section 111(d) 

programs. The NSPS and NESHAP also 

allow sources to seek permission to use 

monitoring or recordkeeping that are 

different from the promulgated 

requirements. See 40 CFR 60.13(i), 

61.14(g), 63.8(b)(1), 63.8(f), and 63.10(f). 

EPA’s written responses to these 

inquiries are commonly referred to as 

alternative monitoring decisions. 

Furthermore, EPA responds to written 

inquiries about the broad range of NSPS 

and NESHAP regulatory requirements as 

they pertain to a whole source category. 

These inquiries may pertain, for 

example, to the type of sources to which 

the regulation applies, or to the testing, 

monitoring, recordkeeping or reporting 

requirements contained in the 

regulation. EPA’s written responses to 

these inquiries are commonly referred to 

as regulatory interpretations. 

EPA currently compiles EPA-issued 

NSPS and NESHAP applicability 

determinations, alternative monitoring 

decisions, and regulatory 

interpretations, and posts them on the 

ADI on a quarterly basis. In addition, 

the ADI contains EPA-issued responses 

to requests pursuant to the stratospheric 

ozone regulations, contained in 40 CFR 

part 82. The ADI is an electronic index 

on the Internet with over one thousand 

EPA letters and memoranda pertaining 

to the applicability, monitoring, 

recordkeeping, and reporting 

requirements of the NSPS and NESHAP. 

Today’s notice comprises a summary of 

84 such documents added to the ADI on 

July 11, 2008. The subject, author, 

recipient, date and header of each letter 

and memorandum are listed in this 

notice, as well as a brief abstract of the 

letter or memorandum. Complete copies 

of these documents may be obtained 

from the ADI through the OECA Web 

site at: www.epa.gov/compliance/ 

monitoring/programs/caa/adi.html. 

Summary of Headers and Abstracts 

The following table identifies the 

database control number for each 

document posted on the ADI database 

system on July 11, 2008; the applicable 

category; the subpart(s) of 40 CFR part 

60, 61, or 63 (as applicable) covered by 

the document; and the title of the 

document, which provides a brief 

description of the subject matter. 

We have also included an abstract of 

each document identified with its 

control number after the table. These 

abstracts are provided solely to alert the 

public to possible items of interest and 

are not intended as substitutes for the 

full text of the documents. This notice 

does not change the status of any 

document with respect to whether it is 

‘‘of nationwide scope or effect’’ for 

purposes of section 307(b)(1) of the 

Clean Air Act. Neither does it purport 

to make any document that was 

previously non-binding into a binding 

document. 

ADI DETERMINATIONS UPLOADED ON JULY 11, 2008 

Control No. Category Subparts Title 

700029 NSPS Db, Dc Boiler Derating. 

700030 NSPS Db Initial Startup for Boiler. 

700031 NSPS Dc Applicability to Snowmelters. 

700032 NSPS CCCC Municipal Waste Combustion Exemption. 

700033 NSPS CCCC Incineration of Untreated Toilet Wastes. 

700034 NSPS D Final Boiler Derating. 

700035 NSPS CCCC Municipal Waste Combustion Unit Exemption. 

700036 NSPS Db Boiler Derating. 

700037 NSPS GG Alternative Fuel Monitoring. 

700038 NSPS Dc Reporting Reduction. 

700039 NSPS Dc Reduction in Fuel Use Recordkeeping. 

700040 NSPS Dc Boiler Refiring. 

700041 NSPS Dc Alternative Fuel Monitoring. 


jlentini on PROD1PC65 with NOTICES