[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Proposed Rules]
[Pages 32361-32363]
[FR Doc No: 2019-14243]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0326; FRL-9995-94-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to Administrative Rules of Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions submitted by the
State of Montana on February 23, 2017. The revisions are to the
Administrative Rules of Montana (ARM) open burning and permitting
regulations to align the ARM with the current Montana Code Annotated
(MCA) procedures for appealing a permit and requesting a hearing. The
EPA is taking this action pursuant to the Clean Air Act (CAA).

DATES: Written comments must be received on or before August 7, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0326, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and

should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air and Radiation
Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. The EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver,
Colorado 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On February 23, 2017, the State of Montana submitted a SIP revision
containing amendments to open burning and permitting regulations in the
ARM at 17.8.610, Major Open Burning Source Restrictions; 17.8.612,
Conditional Air Quality Open Burning Permits; 17.8.613, Christmas Tree
Waste Open Burning Permits; 17.8.614, Commercial Film Production Open
Burning Permits; 17.8.615, Firefighter Training; and 17.8.749,
Conditions for Issuance or Denial of Permit.\1\ The amendments: (1) Add
references to sections 75-2-211, Permits for Construction,
Installation, Alteration, or Use and 75-2-213, Energy Development
Project--Hearing and Procedures of the MCA pertaining to the process
for appealing air quality permits, including requesting a hearing; (2)
remove duplicative language in the ARM; and (3) and make minor
editorial changes. The Montana Board of Environmental Review adopted
the amendments on June 3, 2016 (effective July 9, 2016).
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    \1\ The February 23, 2017, submittal also included revisions to
17.8.1210, General Requirements for Air Quality Operating Permit
Content. However, the state does not want us to act on 17.8.1210,
because it is not part of the federal SIP. (Memorandum from State of
Montana to the EPA (June 26, 2019)).
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II. Analysis of State Submittal

    We evaluated Montana's February 23, 2017, submittal regarding
amendments to the State's ARM. The amendments to ARM 17.8.610(3),
17.8.612(10) and (11), 17.8.613(8) and (9), 17.8.614(8) and (9), and
17.8.615(6) and (7) incorporate by reference section 75-2-211 of the
MCA pertaining to the permit appeals process, including requesting a
hearing. These statutes provide as follows:
     That a person who is directly and adversely affected by
the issuance or denial of a permit may request a hearing within 15 days
after the state renders a decision;
     that a request for hearing does not stay the state's
decision on an application unless the board orders a stay; and
     an affidavit supporting the request for hearing must be
filed within 30 days after the issuance or denial of a permit.
    The revisions also remove corresponding duplicative language
between the ARM and MCA and make editorial changes.
    The language in the revisions to 17.8.610, 17.8.612, 17.8.613,
17.8.614, and 17.8.615 referencing 75-2-211, MCA, is equivalent to the
language being removed from these sections of the ARM except for
17.8.610. According to the State,\2\ 17.8.610 had not been updated
during the last State revision in 2011, whereas 17.8.612, 17.8.613,
17.8.614, and 17.8.615 had been amended by the State and subsequently
approved into the SIP on August 20, 2015.\3\ The revisions to 17.8.610
in the February 23, 2017, submittal are identical to the revisions we
approved in our August 20, 2015 rulemaking to 17.8.612, 17.8.613,
17.8.614, and 17.8.615 in that they require a hearing request affidavit
to be filed within 30 days after the department renders a decision,
remove an automatic stay of the department's decision to issue a permit
upon a permit appeal, and add conditions and procedures for when the
board may order a stay.
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    \2\ Email from State of Montana to the EPA (September 30, 2016).
    \3\ 80 FR 50582 (August 20, 2015).
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    We are proposing to approve the revisions in ARM 17.8.610(3),
17.8.612(10) and (11), 17.8.613(8) and (9), 17.8.614(8) and (9), and
17.8.615(6) and (7) because these revisions are either equivalent to
the current federally-approved SIP (for 17.8.612, 17.8.613, 17.8.614,
17.8.615) or have been previously approved into the SIP in similar
sections (for 17.8.610). In both instances, we previously determined
that the revisions do not conflict with the CAA.\4\
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    \4\ 80 FR 30987 (June 1, 2015).
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    The amendments to ARM 17.8.749(7) incorporate by reference section
75-2-213 of the MCA pertaining to the hearing and appeals procedures
for permit applicants of energy development projects. The permit
appeals procedures in 75-2-213 pertain to air quality permit decisions
on energy development projects that differ from the general procedures
described in 75-2-211, MCA. Specifically, the statutes proposed for
approval within 75-2-213, MCA allow a permit applicant the following
hearing procedures:
     The applicant may request a hearing within 30 days after
the department renders a decision;
     a request for hearing must be limited to those issues
presented to the state during the public comment period unless the
issue is related to a material change in federal or state law made
during the public comment period, to a judicial decision issued after
the comment period, or to a material change to the draft permit
finalized after an opportunity for comment;
     an affidavit supporting the request must be filed with the
request for a hearing; and
     the applicant may, by filing a written election to the
board within 15 days of receipt of request for hearing, elect a hearing
before the board or have the matter submitted directly to the district
court for judicial review.
    The revisions also make a minor editorial change.
    An important consideration before the EPA approves programs under
the CAA is that the state must provide the same opportunity for
judicial review of the air permitting actions in state court as would
be available in federal court. The proposed revisions to 17.8.749, to
incorporate the applicable statutes in 75-2-213, MCA, are in accordance
with CAA sections 307(b) and 307(d)(7)(B) which provide for the
judicial review of an air quality action and limits objections to an
action to those that were raised with reasonable specificity during the
public comment period, respectively. Additionally, if the Administrator
refuses to convene a proceeding, a person may seek review in

the United States court of appeals.\5\ Similarly, 75-2-213, MCA
provides permit applicants with the election to have the matter proceed
to hearing before the state board or to have the matter submitted
directly to the district court for judicial review. We therefore
conclude that the revisions do not conflict with CAA requirements for
judicial review of air permitting actions and propose to approve the
revisions to 17.8.749.
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    \5\ CAA 307(d)(7)(B).
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III. The EPA's Proposed Action

    In this action, the EPA is proposing to approve SIP amendments to
Administrative Rules of Montana, shown in Table 1, submitted by the
State of Montana on February 23, 2017.

Table 1--List of Montana Amendments That the EPA Is Proposing To Approve
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    Amended Sections in the February 23, 2017 Submittal Proposed for
                                Approval
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17.8.610(3), 17.8.612(10) and (11), 17.8.613(8) and (9), 17.8.614(8) and
 (9), 17.8.615(6) and (7), 17.8.749(7).
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IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text
in a final EPA rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the amendments described in section III. The
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 8 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the proposed rule does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: June 28, 2019.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2019-14243 Filed 7-5-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Page 37060]
[FR Doc No: 2023-12080]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15282-000]

White Rapids, LLC; Notice of Effectiveness of Withdrawal of
Preliminary Permit Application

    On July 6, 2022, White Rapids LLC (White Rapids) filed a
preliminary permit application pursuant to section 4(f) of the Federal
Power Act, proposing to study the feasibility of the Slater
Hydroelectric Project No. 15282 (Slater Project). On May 16, 2023,
White Rapids filed a notice of withdrawal of its application.
    No motion in opposition to the notice of withdrawal has been filed,
and the Commission has taken no action to disallow the withdrawal.
Pursuant to Rule 216(b) of the Commission's Rules of Practice and
Procedure,\1\ the withdrawal of the application became effective on May
31, 2023, and this proceeding is hereby terminated.\2\
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    \1\ 18 CFR 385.216(b) (2022).
    \2\ On January 17, 2023, New England Hydropower Company, LLC
filed a notice of intent and pre-application document for the Ashton
Dam Project No. 14634 as a competing application to the Slater
Project application. Now that the Slater Project application is
effectively withdrawn and the proceeding is terminated, the two
applications are no longer in competition and any Commission
regulations regarding competitive applications are no longer
applicable.

    Dated: May 31, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-12080 Filed 6-5-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Rules and Regulations]
[Pages 63683-63686]
[FR Doc No: 2022-22783]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2021-0650; Airspace Docket No. 21-AWP-11]
RIN 2120-AA66

Establishment of Restricted Area R-2511; Trona, CA

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This action establishes restricted area R-2511 in the vicinity
of Trona, CA in support of the Naval Air Warfare Center Weapons
Division (NAWCWD), China Lake, CA. The restricted area is necessary to
segregate the testing and evaluation of hazardous weapons systems, and
other unproven aviation platforms in the early development cycle from
non-participating aircraft.

DATES: Effective date 0901 UTC, December 29, 2022.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it establishes restricted area airspace in the vicinity of
Trona, CA, to contain activities deemed hazardous to non-participating
aircraft.

History

    The FAA published a notice of proposed rulemaking (NPRM) for Docket
No. FAA-2021-0650 in the Federal Register (86 FR 57611; October 18,
2021) proposing to establish restricted area R-2511 in the vicinity of
Trona, CA, to support testing and training activities by the Naval Air
Warfare Center Weapons Division (NAWCWD), China Lake, CA. R-2511 is
needed to provide a connection between restricted areas R-2505 and R-
2524 to segregate the testing and evaluation of hazardous weapons
systems, and other unproven aviation platforms in the early development
cycle from non-participating aircraft. NAWCWD will use R-2511 to
contain free flight weapons systems as they transit from launch areas
within R-2505 to target areas within R-2524, and/or from launch areas
within R-2524 to target areas within R-2505. This airspace, situated
between restricted areas R-2505 and R-2524, has been variously referred
to as: Trona Pass, Trona Corridor, or Trona Gap.
    Since 1995, the containment of military hazardous weapons system
activities transiting the airspace between R-2505 and R-2524 was
accomplished through the use of a controlled firing area (CFA) located
in that airspace between R-2505 and R-2524. The FAA has determined that
a CFA is not the appropriate type of special use airspace (SUA) for
this activity because CFAs are not depicted on aeronautical charts, and
because hazardous activity in a CFA must be immediately suspended upon
observation or notification that a non-participating aircraft is
approaching the area. Based on these criteria, a CFA is not practical
for accommodating NAWCWD's mission requirements.
    A restricted area is the appropriate type of SUA to safely
segregate hazardous activities from non-participating aircraft
operating in this area. Restricted areas are depicted on aeronautical
charts allowing for ready identification by pilots. R-2511, which
replaces the CFA, was designed with the same lateral and vertical
parameters as the Trona CFA.
    Interested parties were invited to submit comments on the NPRM. A
total of 65 comments were posted to the regulations.gov website in
response to the NPRM. Comments were received from the following
organizations: Aircraft Owners and Pilots Association (AOPA); Centurion
Flight Services; Golden State Air Charter; Loyd's Aviation; and,
Soaring Society of America (SSA). In addition, 58 individuals submitted
comments. Two individuals submitted their comment twice. The issues
raised by the commenters are addressed below.

Discussion of Comments

    Some commenters questioned the need for establishing R-2511
contending that there is already enough existing restricted airspace in
the area which should be used to accomplish the NAWCWD's hazardous
activities.
    In response, the NAWCWD considered whether there are alternatives
to the proposed R-2511 that might meet the Research, Development,
Acquisition, Testing, and Evaluation (RDAT&E) and training mission
requirements. To qualify, the SUA must be able to accommodate the
flight profile requirements; the launch and target areas must have the
supporting ground infrastructure needed to properly conduct RDAT&E
events, score tests, and record results; the impact areas must be on
government owned or controlled land; and the capability to

simulate various radio frequency (RF) threats to weapon and aircraft
systems is required. Changing the dimensions of the current restricted
areas R-2505 or R-2524 to fully accommodate the mission was not
feasible because the NAWCWD does not own or manage the land under any
proposed expansion of those areas.
    The Navy also determined that using other existing restricted areas
in the vicinity to conduct free flight weapons tests do not meet the
screening requirements for appropriate ground infrastructure, and the
capability to test the operation of systems in an RF-contested
environment. The combined use of R-2511, R-2505, and R-2524 satisfies
all of the above screening criteria to support the NAWCWD's testing and
training needs. As discussed above, since 1995, these activities have
been safely conducted by using the Trona CFA to connect R-2505 and R-
2524. Because the CFA must be replaced, and the operation cannot be
moved elsewhere, R-2511 is the appropriate solution to provide
connectivity between R-2505 and R-2524.
    Many commenters expressed concerns that R-2511 would impose a
significant adverse impact on gliders and general aviation aircraft,
traversing the Trona Pass. They noted that the Trona Pass is a key
route between the Los Angeles Basin and points east and northeast.
Further, some commenters wrote that R-2511 would have a dramatic impact
on glider operations conducting cross-country flights through the Trona
Pass. Gliders must operate at significantly higher altitudes in order
to obtain the lift they need. In addition, the commenters asserted that
the Trona Pass is the only safe path for gliders to return to their
home base when convective weather prevents other transitions.
    The FAA expects the impact to gliders and general aviation aircraft
to be minimal. This is mainly due to the relatively infrequent use and
short activation periods established for R-2511. By rule, R-2511 must
be activated by Notice to Air Missions (NOTAM) issued at least 7-days
in advance. Additionally, the airspace can only be activated between
0700-1700 hours, Monday-Friday. Activation is further limited to no
more than two 2-hour periods per day, with a maximum annual usage of 36
days per year. This equates to a potential usage of 144 hours out of
8,760 hours per year, affording the aviation community the ability to
plan flights around these limited activation times, as well as the
option to fly beneath R-2511 when it is active, if conditions permit.
    Commenters also expressed concerns that the NOTAM system is
difficult for pilots to use to obtain pre-flight information on the
status of SUAs, and that it is even more difficult to confirm the
status of SUAs once airborne.
    In 2019, the FAA created the NOTAM Modernization Initiative to make
needed improvements to the NOTAM system. There is now a single FAA
website called ``NOTAM Search'' that enables pilots to access all
NOTAMs. NOTAM Search includes significant enhancements to the search
process such as the ability to query applicable NOTAMs based on the
planned route of flight, and to view only those NOTAMs that are
effective during a specific time period. NOTAM search can be accessed
at https://notams.aim.faa.gov/notamSearch. In addition, the FAA's SUA
website provides SUA schedule data for the next 24 hour period. The SUA
website can be accessed at https://sua.faa.gov. Finally, for R-2511,
the FAA must issue the NOTAM 7-days in advance.
    A number of commenters stated that the Los Angeles Visual Flight
Rules (VFR) Sectional Aeronautical Chart should be updated to include
additional annotations clarifying the limited activity and the means to
verify the status of R-2511.
    The Los Angeles VFR Sectional Aeronautical Chart does contain a
table that lists all SUA covered by the chart. The table includes the
altitudes, times of use, contact facility, and frequencies for each SUA
area. Data pertinent to R-2511 will be added to the SUA table on the
Los Angeles Sectional Aeronautical Chart. In addition a chart note will
be added in the vicinity of R-2511 with a point of contact at Joshua
Control Facility (JCF) (the FAA controlling agency) for R-2511 activity
status.
    Several commenters suggested that the FAA either renew the Trona
CFA or establish a temporary flight restriction (TFR) instead of
creating R-2511.
    Renewing the CFA is not an option because, as described above, CFAs
are not depicted on aeronautical charts, and the activity within a CFA
must be immediately suspended if a non-participating aircraft
approaches. This requirement is incompatible with the proponent's
mission requirements. A restricted area is the appropriate SUA to
contain this activity.
    The FAA considered the use of TFRs in lieu of restricted airspace
and found that the activity conducted in R-2511 does not meet the
criteria for a TFR in accordance with 14 CFR part 91, General Operating
and Flight Rules. Part 91 does not contain a specific TFR regulatory
section that would cover the operations in R-2511. A restricted area is
the appropriate designation to segregate hazardous activities from
nonparticipating aircraft.
    Other commenters stated that pilots tend to avoid restricted areas,
even when they are not active. This can lead to unnecessary detours,
and cause some pilots to avoid the airspace even when encountering
difficulties, possibly resulting in safety concerns.
    Due to the infrequent activation of R-2511, and the requirement
that a NOTAM be issued at least 7-days in advance of activation, pilots
should expect that the Trona Pass would be available for transit at all
altitudes the majority of the time. However, the advance notification
requirements should provide pilots sufficient time to plan flights
around the times R-2511 is activated. Additionally, a note will be
depicted on the Los Angeles Sectional Aeronautical Chart, in the
vicinity of R-2511, with a Very High Frequency contact frequency for
use in verifying the status of the restricted area.
    Commenters stated that the proposed 6,000-foot MSL restricted area
floor is too low for adequate terrain clearance and radio
communication. Other commenters suggested raising the floor of R-2511
from 6,000 feet MSL to 9,000 feet MSL, or 14,000 feet MSL to provide
increased terrain clearance for transiting below R-2511.
    The Navy evaluated stratification of R-2511 altitudes but
determined that it is not practical for mission accomplishment. Most
weapons that will be launched across the corridor will vary their
flight altitude, either climbing to establish a ``look-down'' aspect
or, descending on their path toward their target. Additionally, the
weapon's altitude is expected to vary somewhat based on the shooter
aircraft's launch tolerances and weather conditions at the time.
    Regarding communications coverage, the FAA controlling agency, JCF,
and the Frequency Management Officer have no reports of radio
communication issues. To ensure low-flying aircraft have good radio
coverage to the east of Trona/China Lake (over Death Valley), even down
as low as 1,000 feet AGL, JCF has three radio sites using 120.25
megahertz to communicate in the area of the Trona Pass. JCF monitors
all three sites and transmits on the optimal site based on the
aircraft's location. If necessary JCF also has tunable radios at other
sites which could be used based on aircraft location.
    Several commenters maintained that the restricted area, when
active, poses a

safety risk to vehicular traffic on California State Highway (SR) 178
which lies beneath R-2511. The commenters were concerned that these
experimental and unpredictable weapons could cause fallout and render
SR 178 blocked or damaged, which would impact the Trona residents as SR
178 is the only road to and from the Searles Valley.
    Experience with operations conducted in this area through the Trona
CFA since 1995, reveals an excellent safety record with no history of
operational incidents. There has been no documented impact to SR 178 or
the surrounding area. R-2511 replaces the Trona CFA using the same
operational safety requirements including: Weapons must be launched far
enough within R-2505 or R-2524 so that a malfunction during this
critical phase of flight results in a ground impact on military
property; all weapons transiting R-2511 will have a Flight Termination
System (FTS) capable of terminating the weapon's flight and ensuring it
does not leave a predetermined corridor; and, weapon system health and
status will be evaluated prior to launch and continuously throughout
the flight. Typically, the FTS is activated by the Flight Termination
Officer based on the missile's flight path and ``health'' as monitored
by on-board telemetry systems. A weapon will not be allowed to enter R-
2511 unless there is a high degree of certainty that it will safely
transit through R-2511 and into its target area in R-2505 or R-2524.
    A number of commenters expressed concern that the restricted area
will block the Trona Pass, increasing the average flying time in the
area by 20 minutes. This increase in flight times could have an adverse
effect on time critical MEDEVAC and organ donor flights to and from Las
Vegas.
    The FAA provides priority handling to civil air ambulance flights
when the pilot, in radio transmissions, verbally identifies the flight
by stating ``MEDEVAC.'' The FAA will develop a Letter of Procedure
(LOP) with the NAWCWD (the using agency) to define the specific terms
regarding the recall of R-2511 by the FAA controlling agency when
needed for MEDEVAC flights, emergencies, and weather deviations.
    Two commenters wrote that once R-2511 is approved, there is nothing
to stop the times of designation from being increased.
    As described above, the activation of R-2511 is subject to specific
limitations contained in the regulatory text. The airspace can only be
activated between 0700-1700 hours, local time, Monday-Friday, by a
NOTAM issued at least 7-days in advance. In addition, activation of R-
2511 is limited to a maximum of 36 days per year and no more than two
2-hour periods per day. The provisions limiting the activation of R-
2511 are written into the legal description of R-2511. Therefore, they
cannot be changed arbitrarily. The provisions can only be amended by
additional rulemaking action pursuant to 14 CFR part 73. This would
require a new NPRM, which would include a 45-day public comment period,
before any FAA decision to approve or disapprove the changes.

The Rule

    This action amends 14 CFR part 73 by establishing restricted area
R-2511 in the vicinity of Trona, CA, to support a request from NAWCWD,
China Lake, CA.
    R-2511 is located in the airspace between restricted areas R-2505
and R-2524 in an area informally known as the Trona Pass. R-2511
consists of the same lateral and vertical boundaries as the former
uncharted Trona CFA. R-2511 replaces the CFA to provide a connection
between R-2505 and R-2524. The designated altitudes extend from 6,000
feet mean sea level (MSL), to but not including 20,000 feet MSL. The
time of designation is: Intermittent, 0700-1700, local time, Monday-
Friday, as activated by a Notice to Air Missions (NOTAM) issued at
least 7-days in advance. Activation is limited to no more than 36 days
per year, and a maximum of two 2-hour blocks per day. R-2511 is a
joint-use restricted area meaning that, when the operation for which
the area was activated is completed, the restricted area will be
returned to the controlling agency for access by other airspace users.
    This rule does not change or modify any current military flight
activities or weapons testing that already occurs in the existing
airspace.

Regulatory Notices and Analyses

    The FAA determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this rulemaking action of establishing
restricted area R-2511, qualifies for categorical exclusion under the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its
implementing regulations at 40 CFR part 1500, and in accordance with
FAA Order 1050.1F, Environmental Impacts: Policies and Procedures,
paragraph 5-6.5a, which categorically excludes from further
environmental impact review rulemaking actions that designate or modify
classes of airspace areas, airways, routes, and reporting points (see
14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas;
Air Traffic Service Routes; and Reporting Points). As such, this
rulemaking action is not expected to result in any potentially
significant environmental impacts. In accordance with FAA Order
1050.1F, paragraph 5-2 regarding Extraordinary Circumstances, the FAA
has reviewed this action for factors and circumstances in which a
normally categorically excluded action may have a significant
environmental impact requiring further analysis. For this rulemaking
action, the FAA has determined that no extraordinary circumstances
exist that warrant preparation of an environmental assessment or
environmental impact study. On May 3, 2022, and in accordance with FAA
Order 1050.1F, paragraph 8-2--Adoption of Other Agencies' NEPA
Documents, the FAA adopted Naval Air Weapons Center Weapons Division's
(NAWCWD) Final Environmental Assessment (FEA) and Finding of No
Significant Impact/Record of Decision (FONSI) for the establishment of
R-2511, at the Naval Air Weapons Station China Lake (NAWSCL). NAWCWD
finalized its FEA and signed the FONSI on April 28, 2022.
    Establishment of R-2511 would confine or segregate activities
considered hazardous to non-participating aircraft, defined as any
aircraft (military or civilian) not actively involved in the research,
development, acquisition, test, and evaluation (RDAT&E) activities
within the restricted area, when activated. As the lead agency, the
Navy prepared the FEA in accordance with the National Environmental
Policy Act (NEPA). The Navy invited the FAA to participate as a
cooperating agency based on FAA's jurisdiction by law over special use

airspace (SUA) which includes restricted areas as defined in FAA Order
7400.2. As a cooperating agency, the FAA coordinated the NEPA
environmental impact analysis reviews closely with the Navy, and
actively participated in the preparation of the Navy's FEA. In
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, and the Council on Environmental Quality's (CEQ) NEPA
implementing regulations at 40 CFR part 1500, the FAA conducted an
independent evaluation and analysis of the NAWCWD FEA and adopted it in
support of FAA's decision to establish R-2511 for implementation of the
Navy's proposed action. Based on the environmental impact analyses in
the Navy's FEA, the FAA has determined that it's Proposed Action of
establishing R-2511, and the Navy's use of R-2511, would not result in
any significant environmental impacts.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

The Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.25  California [Amended]

0
2. Section 73.25 is amended as follows:
* * * * *

R-2511 Trona, CA [New]

    Boundaries. Beginning at lat. 35[deg]37'30'' N; long.
117[deg]35'33'' W; to lat. 35[deg]40'30'' N; long. 117[deg]25'03'' W;
to lat. 35[deg]36'00'' N; long. 117[deg]16'55'' W; to lat.
35[deg]36'00'' N; long. 117[deg]26'03'' W; to lat. 35[deg]27'40'' N;
long. 117[deg]26'03'' W; to the point of beginning.
    Designated Altitudes. 6,000 feet MSL, to but not including, FL 200.
    Time of Designation. Intermittent, 0700-1700 local time, Monday-
Friday; as activated by NOTAM at least 7-days in advance. Activation
limited to no more than 36 days per year, and a maximum of two 2-hour
blocks each day.
    Controlling Agency. FAA, Joshua Control Facility, Edwards Air Force
Base, CA.
    Using Agency. Naval Air Warfare Center Weapons Division, China
Lake, CA.
* * * * *

    Issued in Washington, DC, on October 17, 2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022-22783 Filed 10-19-22; 8:45 am]
BILLING CODE 4910-13-P


                      UNITED STATES DEPARTMENT OF JUSTICE
                                      AND
            UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION 7
                                     AND
              STATE OF MISSOURI, DEPARTMENT OF NATURAL RESOURCES

IN THE MATTER OF:

Carter Carburetor Site,
St. Louis, Missouri

The Herbert Hoover Boys and Girls Club of St. Louis, Inc.

Purchaser

Proceeding under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq.

      Docket No. CERCLA-07-2020-0171

             ADMINISTRATIVE SETTLEMENT AGREEMENT AND COVENANT NOT TO SUE

                               TABLE OF CONTENTS
I.	JURISDICTION AND GENERAL PROVISIONS	1
II.	PARTIES BOUND	2
III.	DEFINITIONS	2
IV.	STATEMENT OF FACTS	4
V.	PAYMENT OF RESPONSE COSTS	6
VI.	PROPERTY REQUIREMENTS	6
VII.	ACCESS TO INFORMATION	9
VIII.	RECORD RETENTION	11
IX.	COMPLIANCE WITH OTHER LAWS	11
X.	DISPUTE RESOLUTION	11
XI.	CERTIFICATION	12
XII.	COVENANTS BY UNITED STATES AND STATE	12
XIII.	RESERVATION OF RIGHTS	13
XIV.	COVENANTS BY PURCHASER	14
XV.	OTHER CLAIMS	14
XVI.	EFFECT OF AGREEMENT/CONTRIBUTION	15
XVII.	RELEASE AND WAIVER OF LIEN(S)	16
XVIII.	PUBLIC COMMENT	16
XIX.	EFFECTIVE DATE	16
XX.	INTEGRATION/APPENDICES	16
XXI.	DISCLAIMER	17
XXII.	ENFORCEMENT; PAYMENT OF COSTS	17
XXIII.	NOTICES AND SUBMISSIONS	17

JURISDICTION AND GENERAL PROVISIONS
This Administrative Settlement Agreement and Covenant Not to Sue ("Agreement") is entered into by and between the United States, on behalf of the Environmental Protection Agency ("EPA"), the State of Missouri ("the State"), on behalf of the Missouri Department of Natural Resources ("MoDNR"), and the Herbert Hoover Boys and Girls Club of St. Louis, Inc. (d/b/a The Boys and Girls Clubs of Greater St. Louis) (the "Club").  This Agreement concerns parcels located within the bounds of North Spring Avenue, Dodier Street, North Grand Boulevard, and St. Louis Avenue in the City of St. Louis, Missouri (the "Property"), which is a portion of the approximately 10-acre area known as the Carter Carburetor Site (the "Site"). The Property is more fully described in Appendix A.
The purpose of this Agreement is to settle and resolve, subject to reservations and limitations contained in Sections XII, XIII, and XIV, the potential liability of the Club to the United States and the State of Missouri for Existing Contamination and Past Response Costs (as defined by Paragraph 8 below) at the Property, which may otherwise result from the Club becoming the owner of the Property. The resolution of this potential liability is fair, reasonable, and in the public interest. In exchange for resolution of this potential liability to the United States, this Agreement provides for the payment of certain response costs incurred by the United States at or in connection with the Property. MoDNR is unaware of any recoverable direct response costs chargeable to the Club. In consideration of and in exchange for the State of Missouri Covenants in Section XII herein, the State of Missouri accepts as adequate consideration the Club's compliance with the provisions found under Sections VI and VII of this Agreement, including but not limited to responsibilities of Notice, Access, Appropriate Care, and Land, Water, or Other Resource Use Restrictions.
This Settlement is entered into pursuant to the authority of the Attorney General of the United States to compromise and settle claims, consistent with the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA"), 42 U.S.C. §§ 9601-9675, and of the Attorney General of the State of Missouri to enforce Mo. Rev. Stat. §§ 260.350 et seq. and 260.500 et seq. EPA is proceeding under the CERCLA authority vested in the President of the United States and delegated to the Administrator of EPA and further delegated to the undersigned Regional official. The Director of the Missouri Department of Natural Resources is proceeding under the CERCLA authority per State Cooperative Agreement and Mo. Rev. Stat. §§ 260.350 et seq. and 260.500 et seq.
 The Parties agree that the United States District Court for the Eastern District of Missouri will have jurisdiction pursuant to Section 113(b) of CERCLA, 42 U.S.C. § 9613(b), for any enforcement action brought with respect to this Agreement, including any action set forth in Section XXII (Enforcement; Payment of Costs) of this Agreement.
The Parties agree to undertake all actions required by the terms and conditions of this Agreement.
The Parties recognize that this Agreement has been negotiated in good faith and that the actions undertaken by the Club in accordance with this Agreement do not constitute an admission of any liability. The Club agrees to comply with and be bound by the terms of this Agreement and further agrees that it will not contest the basis or validity of this Agreement or its terms, or the United States' right to enforce this Agreement.
PARTIES BOUND
This Agreement applies to and is binding upon the United States, including EPA; the State, including MoDNR; and upon the Club and its successors and assigns. Any change in ownership or corporate status of the Club including, but not limited to, any transfer of assets or real or personal property shall not alter the Club's responsibilities under this Agreement. Each undersigned representative of the Club certifies that he or she is fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind the Club to this Agreement.
DEFINITIONS
Unless otherwise expressly provided in this Agreement, terms used in this Agreement that are defined in CERCLA or in regulations promulgated under CERCLA shall have the meaning assigned to them in CERCLA or in such regulations, including any amendments thereto. Whenever terms listed below are used in this Agreement or its attached appendices, the following definitions shall apply:
"Agreement" shall mean this Administrative Settlement Agreement and Covenant Not to Sue and all appendices attached hereto (listed in Section XX (Integration/Appendices)). In the event of conflict between this Agreement and any appendix, this Agreement shall control.
"Carter Carburetor Special Account" shall mean the special account within the EPA Hazardous Substance Superfund, established for the Site by EPA pursuant to Section 122(b)(3) of CERCLA, 42 U.S.C. § 9622(b)(3).
"CERCLA" shall mean the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675.
"Club" or "Purchaser" shall mean the Herbert Hoover Boys and Girls Club of St. Louis, Inc. (d/b/a The Boys and Girls Clubs of Greater St. Louis).
"Day" or "day" shall mean a calendar day. In computing any period of time under this Agreement, where the last day would fall on a Saturday, Sunday, or federal or State holiday, the period shall run until the close of business of the next working day.
"Effective Date" shall mean the effective date of this Agreement as provided in Section XIX.
"EPA" shall mean the United States Environmental Protection Agency and its successor departments, agencies, or instrumentalities.
"EPA Hazardous Substance Superfund" shall mean the Hazardous Substance Superfund established by the Internal Revenue Code, 26 U.S.C. § 9507.
"Existing Contamination" shall mean:
	a.	any hazardous substances, pollutants or contaminants present or existing on or under the Property prior to or as of the Effective Date;
	b.	any hazardous substances, pollutants or contaminants that migrated from the Property prior to the Effective Date; and
	c.	any hazardous substances, pollutants or contaminants present or existing at the Site as of the Effective Date that migrate onto or under or from the Property after the Effective Date.
 "Institutional Controls" or "ICs" shall mean Proprietary Controls and state or local laws, regulations, ordinances, zoning restrictions, or other governmental controls or notices that: (a) limit land, water, or other resource use to minimize the potential for human exposure to Waste Material at or in connection with the Site; (b) limit land, water, or other resource use to implement, ensure non-interference with, or ensure the integrity of the removal action; and/or (c) provide information intended to modify or guide human behavior at or in connection with the Site.
"Interest" shall mean interest at the rate specified for interest on investments of the EPA Hazardous Substance Superfund established by 26 U.S.C. § 9507, compounded annually on October 1 of each year, in accordance with 42 U.S.C. § 9607(a). The applicable rate of interest shall be the rate in effect at the time the interest accrues. The rate of interest is subject to change on October 1 of each year. Rates are available online at http://www.epa.gov/superfund/superfund-interest-rates.
"MoDNR" shall mean the Missouri Department of Natural Resources and its successor departments, agencies, or instrumentalities.
"Paragraph" shall mean a portion of this Agreement identified by an Arabic numeral or an upper or lower case letter.
"Parties" shall mean the United States, including EPA; the State, including MoDNR; and the Club.
"Past Response Costs" shall mean response costs incurred by EPA and MoDNR at or in connection with the Site that are unreimbursed as of the Effective Date.
"Property" shall mean that portion of the Site, encompassing approximately 6 acres, to be acquired by the Club and is generally depicted in Appendix A of this Agreement.
"Proprietary Controls" shall mean easements or covenants running with the land that: (a) limit land, water, or other resource use and/or provide access rights and (b) are created pursuant to common law or statutory law by an instrument that is recorded by the owner in the appropriate land records office.
"RCRA" shall mean the Solid Waste Disposal Act, 42 U.S.C. §§ 6901-6992 (also known as the Resource Conservation and Recovery Act).
"Section" shall mean a portion of this Agreement identified by a Roman numeral.
"Site" shall mean the Carter Carburetor Superfund Site, encompassing approximately 10 acres, located at 2800-2840 North Spring Avenue in St. Louis, Missouri, and depicted generally on the map attached as Appendix B.  The Site includes the Property.
"State" shall mean the State of Missouri and each department, agency, and instrumentality of the State, including MoDNR.
 "Transfer" shall mean to sell, assign, convey, lease, mortgage, or grant a security interest in, or where used as a noun, a sale, assignment, conveyance, or other disposition of any interest by operation of law or otherwise.
"United States" shall mean the United States of America and each department, agency, and instrumentality of the United States, including EPA.
"Waste Material" shall mean (a) any "hazardous substance" under Section 101(14) of CERCLA, 42 U.S.C. § 9601(14); (b) any pollutant or contaminant under Section 101(33) of CERCLA, 42 U.S.C. § 9601(33); (c) any "solid waste" under Section 1004(27) of RCRA, 42 U.S.C. § 6903(27).
STATEMENT OF FACTS
The Site is an approximately 10-acre area located on approximately one and one-half square city blocks in North St. Louis City in St. Louis, Missouri. The Carter Carburetor Corporation and Carter Automotive Products, both subsidiaries of ACF Industries, Inc. ("ACF") operated a plant on the Site from the 1930s until about 1984. The plant consisted of several connected multi-story buildings that manufactured carburetors for gasoline and diesel engines. The manufacturing process left the Site contaminated with numerous chemicals, primarily trichloroethylene ("TCE") and polychlorinated biphenyls ("PCBs").
Cleanup activities at the Site began in the mid-1990s and concluded in May 2019, with the final report, marking the conclusion of the removal action, being approved on May 4, 2020. The most recent removal action at the site was conducted by ACF and EPA between 2011 and 2019 and included demolishing several deteriorating, multi-story industrial buildings, removing contamination from soil, and disposing of contaminated waste both off-site and in an on-site repository covered by a protective cap.
No unaddressed areas of known contamination remain at the Site, and EPA has determined that no further cleanup work is needed at this time, other than ongoing monitoring and maintenance of the capped area.
The real property at the Site is currently owned by ACF and by the Land Reutilization Authority of the City of St. Louis ("LRA"), and lacks any substantial economic value.
The Club is a non-profit 501(c)(3) organization in good standing in Missouri. Operating in the North St. Louis City community since 1967, the Club serves over 8,000 youth in the community, promoting character, leadership, community and civic involvement and providing youth with the opportunities to develop life skills that improve their prospects for success. The Club provides after-school, sports, and summer programs and a variety of athletic, arts, and technology resources, as well as mentoring opportunities and health clinics.
The Club's main facility is located in North St. Louis City across the street from the Site. Cleanup at the Site was prompted in part by concerns about safety and exposure risks to youth using the Club from the deteriorating and unsecured buildings and contamination on the Site. As part of its mission to create a safer, healthier environment in the neighborhood, the Club has advocated for cleanup efforts for decades and has provided substantial support to the cleanup efforts. Among other assistance, the Club allowed ACF to use property owned or leased by the Club for the staging of cleanup equipment and trailers, provided ACF with site access, provided conference facilities for meetings related to the cleanup, and provided storage for the administrative record.
Over the past years, the Club has worked with another nonprofit to prepare a redevelopment plan for the Site and adjoining properties that is consistent with the Club's mission and focus on expanding opportunities for local youth. Under the proposed plan, the Site will be redeveloped as a youth golf education center, which the Club intends will expose youth to golf who may typically not have access to the sport, and will provide after-school resources, mentoring, and a path to a college education. In the event the redevelopment of the Property into a youth golf education center and facility does not occur, or occurs but is not successful, the Club intends on utilizing the Property in other ways that further the Club's mission to expand opportunities for local youth in the community served by the Club, and that are not intended to realize financial gain.
To implement its redevelopment plan for the Site, the Club intends to acquire the Property from ACF and LRA, as set forth in Appendix A.
The Club represents, and for purposes of this Agreement EPA and MoDNR rely on those representations, that the Club does not intend to realize financial gain from the redevelopment of the Site, and that the intended re-use of the Site serves a significant public interest, as it provides substantial benefits to the local community by revitalizing a long blighted, under-utilized property for a purpose that directly improves the lives of local youth in a low-income area with environmental justice concerns.
The Club represents, and for the purposes of this Agreement EPA and MoDNR rely on those representations, that the Club has had no prior involvement with the contamination on the Site, other than support and assistance for cleanup efforts as detailed above.
PAYMENT OF RESPONSE COSTS
In consideration of and in exchange for the United States' Covenants in Section XII and the Release and Waiver of Lien(s) in Section XVII herein, within 30 days of the Effective Date the Club shall pay the total sum of $5,000.00 as follows:
This amount shall be paid to EPA and made by Fedwire EFT to:
                  Federal Reserve Bank of New York
                  ABA = 021030004
                  Account = 68010727
                  SWIFT address = FRNYUS33
                  33 Liberty Street
                  New York, NY 10045
                  Field Tag 4200 of the Fedwire message should read "D 68010727 Environmental Protection Agency"
 and shall reference Site/Spill ID Number 07JJ and the EPA docket number for this action.
At the time of such payment, the Club shall send notice that such payment has been made to the Division Director of the Superfund and Emergency Management Division, EPA Region 7 (the "Division Director") at<EMAIL_ADDRESS>and to the EPA Cincinnati Finance Office by email at<EMAIL_ADDRESS>or by mail to
                   EPA Cincinnati Finance Office
26 W. Martin Luther King Drive
Cincinnati, Ohio 45268
 Such notice shall reference Site/Spill ID Number 07JJ and the EPA docket number for this action.
Interest. In the event that any payment is not made by the date required, the Club shall pay Interest on the unpaid balance. The Interest shall begin to accrue on the date payment is due and shall accrue through the date of the Club's payment. Payments of Interest made under this Paragraph shall be in addition to such other remedies or sanctions available to the United States by virtue of the Club's failure to make timely payments under this Section.
The total amount to be paid by the Club pursuant to this Paragraph may be deposited by EPA in the Carter Carburetor Special Account to be retained and used to finance oversight costs.
PROPERTY REQUIREMENTS
Notices. The Club shall provide all legally required notices with respect to the discovery or release of any hazardous substance at the Property that occurs after the Effective Date.
Access, Appropriate Care, and Non-Interference. Commencing on the Effective Date, the Club shall: (i) provide EPA and MoDNR and their representatives, including contractors, and subcontractors, with full cooperation, assistance, and access to the Property at all reasonable times and to any other persons that are authorized to conduct response actions or natural resource assessment or restoration at the Property, including those activities listed in Paragraph 21.a (Access Requirements); (ii) exercise appropriate care with respect to hazardous substances found at the Property as described in Paragraph 21.b (Appropriate Care), and (iii) refrain from using such Property in any manner that EPA or MoDNR determines will pose an unacceptable risk to human health or to the environment due to exposure to Waste Material, or interfere with or adversely affect the implementation, integrity, or protectiveness of the removal action, including the restrictions listed in Paragraph 21.c (Land, Water, or Other Resource Use Restrictions).
Access Requirements. The following is a list of activities for which access is required regarding the Property:
Conducting investigations regarding contamination at or near the Site;
Obtaining samples;
Assessing the need for, planning, implementing, or monitoring response actions;
Assessing implementation of quality assurance and quality control practices as defined in any approved quality assurance quality control plan;
Inspecting and copying records, operating logs, contracts, or other documents maintained or generated by the Club or its agents consistent with Section VII (Access to Information);
Assessing the Club's compliance with the Agreement;
Determining whether the Property is being used in a manner that is prohibited or restricted, or that may need to be prohibited or restricted under the Agreement;
Implementing, monitoring, maintaining, reporting on, and enforcing any land, water, or other resource use restrictions regarding the Property.
Appropriate Care. The Club shall take reasonable steps to
Stop any continuing releases;
Prevent any threatened future releases; and
Prevent or limit human, environmental or natural resource exposure to any previously released hazardous substance.
Land, Water, or Other Resource Use Restrictions. The Club shall (i) remain in compliance with any land use restrictions established in connection with any response action at the Property, (ii) implement, maintain, monitor, and report on Institutional Controls, and (iii) not impede the effectiveness or integrity of any Institutional Control employed at the Property in connection with a response action. The following is a list of Institutional Controls applicable to the Property:
 St. Louis City Ordinance 66777, prohibiting current and future use of contaminated groundwater as potable water;
 Deed notices advising against the following activities which could result in exposure to contaminants in groundwater: (a) use of groundwater as a potable water supply; and (b) drilling or installation of wells to be used for a potable water supply.
 Within 30 days of acquiring ownership of any portion of the Property, the Club shall either confirm that all Proprietary Controls and instruments addressing prior encumbrances and/or contamination regarding that portion of the Property have been properly recorded, or else shall execute and properly record all Proprietary Controls and instruments addressing prior encumbrances and/or contamination regarding that portion of the Property.  The Club shall not Transfer any portion of the Property unless it has executed and properly recorded all Proprietary Controls and instruments addressing prior encumbrances regarding that portion of the Property.
 In the event of any Transfer of the Property, or any part thereof, through a sale, assignment, or conveyance, after payment of response costs in accordance with Paragraph 19, EPA and MoDNR will agree in writing to terminate the Club's obligations under the Agreement with respect to the transferred Property (or part thereof) if (i) the Club requests termination from EPA and MoDNR prior to the Transfer and (ii) the acquirer of the Property (or part thereof) transferred agrees in writing to undertake and abide by the obligations set forth in Paragraph 21 of this Agreement; except that, notwithstanding the foregoing, the Club shall remain responsible for its obligations under the Sections of this Agreement regarding Record Retention (Section VIII) and Access to Information (Section VII).  Any such transfer must also comply with Paragraph 22 of this Agreement.  If only a part of the Property is Transferred, the Club shall continue to comply with the obligations of this Agreement with respect to any portion of the Property that is not Transferred.
Notice to Successors-in-Title
The Club shall within fifteen (15) days after the Effective Date, submit for EPA and MoDNR's approval a notice to be filed regarding the Club's Property in the appropriate land records office. The notice must: (1) include a proper legal description of the Property; (2) provide notice to all successors-in-title that: (i) the Property is part of, or related to, the Site, (ii) EPA completed a removal action for the Site and implemented a Post-Removal Site Control Plan and Institutional Control Plan; and (iii) the Club has entered into an Agreement requiring compliance with Property Requirements (as detailed in Section VI of this Agreement); and (3) identify the name, docket number, and effective date of this Agreement. The Club shall record the notice within ten (10) days after EPA's and MoDNR's approval of the notice and submit to EPA and MoDNR, within ten (10) days thereafter, a certified copy of the recorded notice.
The Club shall, prior to entering into a contract to Transfer its Property, or sixty (60) days prior to transferring its Property, whichever is earlier:
Notify the proposed transferee that EPA has completed a removal action for the Site and implemented a Post-Removal Site Control Plan and Institutional Control Plan, that the Club has entered into an Agreement requiring compliance with Property Requirements (identifying the name, docket number, and the Effective Date of this Agreement); and
Notify EPA and MoDNR of the name and address of the proposed transferee and provide EPA and MoDNR with a copy of the above notice that it provided to the proposed transferee.
For so long as the Club is an owner or operator of the Property, the Club shall require that assignees, successors in interest, and any lessees, sublessees and other parties with rights to use the Property shall provide access and cooperation to EPA and MoDNR, their authorized officers, employees, representatives, and all other persons performing response actions under EPA or MoDNR oversight. The Club shall require that assignees, successors in interest, and any lessees, sublessees, and other parties with rights to use the Property implement and comply with any land use restrictions and Institutional Controls on the Property in connection with any removal action, and not contest EPA's or MoDNR's authority to enforce any land use restrictions and Institutional Controls on the Property.
The Club shall provide a copy of this Agreement to any current lessee, sublessee, and other party with rights to use the Property as of the Effective Date.
Notwithstanding any provision of this Agreement, EPA and MoDNR retain all of their access authorities and rights, as well as all of their rights to require land, water or other resource use restrictions and ICs, including enforcement authorities related thereto, under CERCLA, RCRA, the Missouri Hazardous Waste Management Law, Mo. Rev. Stat. §§ 260.350 through 260.430, the Missouri "Spill Bill", Mo. Rev. Stat. §§ 260.500 through 260.550, and any other applicable statute or regulations, including any amendments thereto.
ACCESS TO INFORMATION
The Club shall comply, as required by law, with any authorized request for information or administrative subpoena issued by EPA or MoDNR.
The Club shall provide to EPA and MoDNR, upon request, copies of all records, reports, documents, and other information (including records, reports, documents, and other information in electronic form) (hereinafter referred to as "Records") within the Club's possession or control or that of their contractors or agents relating to activities at the Site or to the implementation of this Agreement, including, but not limited to, sampling, analysis, chain of custody records, manifests, trucking logs, receipts, reports, sample traffic routing, correspondence, or other documents or information. The Club shall also make available to EPA and MoDNR, for purposes of investigation, information gathering, or testimony, their employees, agents, or representatives with knowledge of relevant facts concerning the performance of any work related to response actions that may be taken on the Property.
Privileged and Protected Claims
The Club may assert all or part of a Record requested by EPA or MoDNR is privileged or protected as provided under federal law, in lieu of providing the Record, provided the Club complies with Paragraph 30.b, and except as provided in Paragraph 30.c.
If the Club asserts such a privilege or protection, it shall provide EPA and MoDNR with the following information regarding such Record: its title; its date; the name, title, affiliation (e.g., company or firm), and address of the author, of each addressee, and of each recipient; a description of the Record's contents; and the privilege or protection asserted. If a claim of privilege or protection applies only to a portion of a Record, the Club shall provide the Record to EPA and MoDNR in redacted form to mask the privileged or protected portion only. The Club shall retain all Records that it claims to be privileged or protected until EPA and MoDNR have had a reasonable opportunity to dispute the privilege or protection claim and any such dispute has been resolved in the Club's favor.
The Club may make no claim of privilege or protection regarding: (1) any data regarding the Site, including, but not limited to, all sampling, analytical, monitoring, hydrogeologic, scientific, chemical, radiological, or engineering data, or the portion of any other Record that evidences conditions at or around the Site; or (2) the portion of any Record that the Club is required to create or generate pursuant to this Agreement.
Business Confidential Claims. The Club may assert that all or part of a Record provided to EPA and MoDNR under this Section or Section VIII (Record Retention) is business confidential to the extent permitted by and in accordance with Section 104(e)(7) of CERCLA, 42 U.S.C. § 9604(e)(7), and 40 C.F.R. § 2.203(b). The Club shall segregate and clearly identify all Records or parts thereof submitted under this Agreement for which the Club asserts business confidentiality claims. Records that the Club claims to be confidential business information will be afforded the protection specified in 40 C.F.R. Part 2, Subpart B. If no claim of confidentiality accompanies Records when they are submitted to EPA and MoDNR, or if EPA has notified the Club that the Records are not confidential under the standards of Section 104(e)(7) of CERCLA or 40 C.F.R. Part 2, Subpart B, or if MoDNR has notified the Club that the Records are not confidential under Mo. Rev. Stat. Chapter 610 or other applicable state law, the public may be given access to such Records without further notice to the Club.
Notwithstanding any provision of this Agreement, EPA and MoDNR retain all information gathering and inspection authorities and rights, including enforcement actions related thereto, under CERCLA, RCRA, the Missouri Hazardous Waste Management Law, Mo. Rev. Stat. §§ 260.350 through 260.430, the Missouri "Spill Bill", Mo. Rev. Stat. §§ 260.500 through 260.550, and any other applicable statutes or regulations.
RECORD RETENTION
For a period of 10 years following the Effective Date, unless EPA and MoDNR agree in writing to a shorter time period, the Club shall preserve all documents and information obtained or generated on or after the Effective Date relating to any hazardous substances, pollutants or contaminants found on or released from the Property, including (a) any and all environmental studies, investigations, and test results it conducts or commissions with respect to the Property, and (b) any monitoring reports it receives with respect to the Property. At any time during said ten (10) year period EPA or MoDNR may request, and the Club will make available to EPA and MoDNR, such retained materials. After the conclusion of the document retention period, the Club shall notify EPA and MoDNR at least 90 days prior to the destruction of any such records, and upon request by EPA or MoDNR, except as provided in Paragraphs 30 and 31, the Club shall deliver any such records to EPA or MoDNR. These record retention requirements shall apply regardless of any corporate retention policy to the contrary and is in addition to, and not in lieu of, reporting under Section 103(c) of CERCLA, 42 U.S.C. § 9603(c), and Section 304 of the Emergency Planning and Community Right-To-Know Act of 1986, 42 U.S.C. § 11004.
COMPLIANCE WITH OTHER LAWS
Nothing in this Agreement limits the Club's obligations to comply with the requirements of all applicable state and federal laws and regulations, except as provided in Section 121(e) of CERCLA, 42 U.S.C. § 9621(e), and 40 C.F.R. §§ 300.400(e) and 300.415(j).
DISPUTE RESOLUTION
Unless otherwise expressly provided for in this Agreement, the dispute resolution procedures of this Section shall be the exclusive mechanism for resolving disputes arising under this Agreement. The Parties shall attempt to resolve any disagreements concerning this Agreement expeditiously and informally. If EPA or MoDNR contend that the Club is in violation of this Agreement, EPA and MoDNR shall notify the Club in writing, setting forth the basis for its position. The Club may dispute MoDNR's position in writing to MoDNR. The Club may dispute EPA's position pursuant to Paragraph 36.
EPA Informal Dispute Resolution. If the Club objects to any EPA action taken pursuant to this Agreement, the Club shall send EPA a written Notice of Dispute describing the objection(s) within 10 days after such action. EPA and the Club shall have 20 days from EPA's receipt of the Club's Notice of Dispute to resolve the dispute through informal negotiations (the "Negotiation Period"). The Negotiation Period may be extended at the sole discretion of EPA. Any agreement reached by the Parties pursuant to this Section shall be in writing and shall, upon signature by the Parties, be incorporated into and become an enforceable part of this Agreement.
EPA Formal Dispute Resolution. If the Parties are unable to reach an agreement within the Negotiation Period, the Club shall, within 20 days after the end of the Negotiation Period, submit a statement of position to the Division Director. EPA may, within 20 days thereafter, submit a statement of position. Thereafter, an EPA management official at the EPA Region 7 level or higher will issue a written decision on the dispute to the Club.  EPA's decision shall be incorporated into and become an enforceable part of this Agreement. The Club shall fulfill the requirement that was the subject of the dispute in accordance with the agreement reached or with EPA's decision, whichever occurs.
The invocation of formal dispute resolution procedures under this Section does not extend, postpone, or affect in any way any obligation of the Club under this Agreement.
CERTIFICATION
By entering into this Agreement, the Club certifies that to the best of its knowledge and belief it has fully and accurately disclosed to EPA and MoDNR all information known to the Club and all information in the possession or control of its officers, directors, employees, contractors and agents which relates in any way to any Existing Contamination or any past or potential future release of hazardous substances, pollutants or contaminants at or from the Site and to its qualification for this Agreement. The Club also certifies that it has not caused or contributed to a release or threat of release of hazardous substances or pollutants or contaminants at the Site, as of the Effective Date.
COVENANTS BY UNITED STATES AND STATE
United States Covenants. Except as provided in Section XIII (Reservation of Rights), the United States covenants not to sue or to take administrative action against the Club pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. §§ 9606 and 9607(a), for any and all civil liability for injunctive relief or reimbursement of response costs with respect to Existing Contamination and Past Response Costs.  These covenants shall take effect upon the Effective Date. These covenants are conditioned upon the complete and satisfactory performance by the Club of its obligations under this Agreement. These covenants are also conditioned upon the veracity of the information provided to EPA by the Club relating to the Club's prior involvement with the Site and intended future use of the Site for a public benefit purpose, as described in Paragraph 17, and the certification made by the Club in Paragraph 39. These covenants extend only to the Club and do not extend to any other person. Nothing in this Agreement constitutes a covenant not to sue or to take action, or otherwise limits the ability of the United States, including EPA, to seek or obtain further relief from the Club, if the information provided to EPA by the Club relating to the Club's involvement with the Site, or the certification made by the Club in Paragraph 39, is false or in any material respect inaccurate.
State Covenants.  Except as provided in Section XIII (Reservation of Rights), and upon initial and continued compliance with the Property Requirements of Section VI, the State, including MoDNR, covenants not to sue or take administrative action against the Club pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. §§ 9606 and 9607(a), the Missouri Hazardous Waste Management Law, Mo. Rev. Stat. §§ 260.350 through 260.430, and the Missouri "Spill Bill," Mo. Rev. Stat. §§ 260.500 through 260.550, for any and all civil liability for injunctive relief or reimbursement of response costs with respect to Existing Contamination and Past Response Costs. These covenants shall take effect upon the Effective Date. These covenants are conditioned upon the complete and satisfactory performance by the Club of its obligations under this Agreement. These covenants are also conditioned upon the veracity of the information provided to EPA and MoDNR by the Club relating to the Club's prior involvement with the Site and intended future use of the Site for a public benefit purpose, as described in Paragraph 17, and the certification made by the Club in Paragraph 39. These covenants extend only to the Club and do not extend to any other person. Nothing in this Agreement constitutes a covenant not to sue or to take action, or otherwise limits the ability of the State to seek or obtain further relief from the Club, if the information provided to the State or the EPA by the Club relating to the Club's involvement with the Site, or the certification made by the Club in Paragraph 39, is false or in any material respect inaccurate.
RESERVATION OF RIGHTS
Except as specifically provided in this Agreement, nothing in this Agreement shall limit the power and authority of the United States, including EPA, and the State, including MoDNR, to take, direct, or order all actions necessary to protect public health, welfare, or the environment or to prevent, abate, or minimize an actual or threatened release of hazardous substances, pollutants or contaminants, or hazardous or solid waste on, at, or from the Site. Further, except as specifically provided in this Agreement, nothing in this Agreement shall prevent the United States or the State from seeking legal or equitable relief to enforce the terms of this Agreement, or from taking other legal or equitable action as it deems appropriate and necessary.
The covenants set forth in Section XII (Covenants by United States and State) do not pertain to any matters other than those expressly identified therein. The United States and the State reserve, and this Agreement is without prejudice to, all rights against the Club with respect to all other matters, including, but not limited to:
liability for failure by the Club to meet a requirement of this Agreement;
criminal liability;
liability for violations of federal or state law that occur during the Club's ownership of the Property;
liability for damages for injury to, destruction of, or loss of natural resources, and for the costs of any natural resource damage assessments;
liability resulting from the release or threat of release of hazardous substances, pollutants or contaminants at or in connection with the Site, not within the definition of Existing Contamination;
liability resulting from exacerbation of Existing Contamination by the Club, its successors, assigns, lessees, or sublessees; and
liability arising from the disposal, release or threat of release of Waste Materials outside of the Site except as it relates to Existing Contamination migrating from the Site or Property.
With respect to any claim or cause of action asserted by the United States and/or the State, the Club shall bear the burden of proving that the claim or cause of action, or any part thereof, is attributable solely to Existing Contamination.
COVENANTS BY PURCHASER
The Club covenants not to sue and agrees not to assert any claims or causes of action against the United States or the State or their contractors or employees, with respect to the Site or this Agreement, including, but not limited to:
any direct or indirect claim for reimbursement from the EPA Hazardous Substance Superfund through Sections 106(b)(2), 107, 111, 112, or 113 of CERCLA, 42 U.S.C. §§ 9606(b)(2), 9607, 9611, 9612, or 9613, or any other provision of law;
any claim arising out of response actions at or in connection with the Site, including any claim under the United States Constitution, the State of Missouri Constitution, the Tucker Act, 28 U.S.C. § 1491, the Equal Access to Justice Act, 28 U.S.C. § 2412, or at common law; or
any claim pursuant to Sections 107 and 113 of CERCLA, 42 U.S.C. §§ 9607 and 9613, Section 7002(a) of RCRA, 42 U.S.C. § 6972(a), or state law related to the Site, or any claims arising out of response activities at the Site, and this Agreement.
These covenants not to sue shall not apply in the event the United States brings a cause of action or issues an order pursuant to any of the reservations set forth in Section XIII (Reservation of Rights), other than in Paragraph 43.a (liability for failure to meet a requirement of the Agreement) or 43.b (criminal liability), but only to the extent that the Club's claims arise from the same response action, response costs, or damages that the United States is seeking pursuant to the applicable reservation.
OTHER CLAIMS
By issuance of this Agreement, the United States, EPA, the State, and MoDNR assume no liability for injuries or damages to persons or property resulting from any acts or omissions of the Club. Neither the United States, EPA, the State, nor MoDNR shall be deemed a party to any contract entered into by the Club or its directors, officers, employees, agents, successors, representatives, assigns, contractors, or consultants in carrying out actions pursuant to this Agreement.
Except as expressly provided in Section XII (Covenants by United States and State), nothing in this Agreement constitutes a satisfaction of or release from any claim or cause of action against the Club or any person not a party to this Agreement, for any liability such person may have under CERCLA, other statutes, or common law, including but not limited to any claims of the United States or the State for costs, damages, and interest under Sections 106 and 107 of CERCLA, 42 U.S.C. §§ 9606 and 9607, the Missouri Hazardous Waste Management Law, Mo. Rev. Stat. §§ 260.350 through 260.430, and the Missouri "Spill Bill," Mo. Rev. Stat. §§ 260.500 through 260.550.
No action or decision by EPA or MoDNR pursuant to this Agreement shall give rise to any right to judicial review, except as set forth in Section 113(h) of CERCLA, 42 U.S.C. § 9613(h).
EFFECT OF AGREEMENT/CONTRIBUTION
Nothing in this Agreement precludes the United States, the State, or the Club from asserting any claims, causes of action, or demands for indemnification, or contribution against any person not a party to this Agreement. Nothing herein diminishes the right of the United States, pursuant to Sections 113(f)(2) and (3) of CERCLA, 42 U.S.C. § 9613(f)(2) and (3), or the State, pursuant to the Missouri Hazardous Waste Management Law, Mo. Rev. Stat. §§ 260.350 to 260.430, and the Missouri "Spill Bill," Mo. Rev. Stat. §§ 260.500 through 260.550, to pursue any such persons to obtain additional response costs or response actions and to enter into settlements that give rise to contribution protection pursuant to Section 113(f)(2).
The Parties agree that this Agreement constitutes an administrative settlement pursuant to which the Club has, as of the Effective Date, resolved liability to the United States and the State within the meaning of Sections 113(f)(2) of CERCLA, 42 U.S.C.§§ 9613(f)(2) and 9622(h)(4), and is entitled, as of the Effective Date, to protection from contribution actions or claims as provided by Sections 113(f)(2) of CERCLA, or as may be otherwise provided by law, for the "matters addressed" in this Agreement. The "matters addressed" in this Settlement are payments under Section V (Payment of Response Costs), and all response actions taken or to be taken and all response costs incurred or to be incurred, in connection with Existing Contamination, by the United States or any other person. However, if the United States or the State exercises rights under the reservations in Section XIII (Reservation of Rights), other than in Paragraphs 43.a (liability for failure by the Club to meet a requirement of this Agreement), 43.b (criminal liability), or 43.c (liability for violations of federal or state law that occur during the Club's ownership of the Property), the "matters addressed" in this Agreement will no longer include those response costs or response actions that are within the scope of the exercised reservation.
The Parties agree that this Agreement shall constitute an administrative settlement pursuant to which the Club has, as of the Effective Date, resolved liability to the United States within the meaning of Section 113(f)(3)(B) of CERCLA, 42 U.S.C. § 9613(f)(3)(B).
The Club shall, with respect to any suit or claim brought by it for matters related to this Agreement, notify EPA and MoDNR in writing no later than sixty (60) days prior to the initiation of such suit or claim. The Club shall, with respect to any suit or claim brought against it for matters related to this Agreement, notify EPA and MoDNR in writing within ten (10) days after service of the complaint or claim upon it. In addition, the Club shall notify EPA and MoDNR within ten (10) days after service or receipt of any Motion for Summary Judgment and within ten (10) days after receipt of any order from a court setting a case for trial, for matters related to this Agreement.
RELEASE AND WAIVER OF LIEN(S)
Subject to the Reservations of Rights in Section XIII of this Settlement, upon payment of the amount specified in Section V (Payment of Response Costs), EPA agrees to release and waive any lien it may have on the Property under Section 107(l) of CERCLA, 42 U.S.C. § 9607(l), as a result of response actions conducted by EPA at the Property.
PUBLIC COMMENT
This Agreement shall be subject to a thirty (30) day public comment period administered by the EPA, after which EPA or MoDNR may withdraw or withhold their consent or seek to modify this Agreement if comments received disclose facts or considerations which indicate that this Agreement is inappropriate, improper or inadequate.
EFFECTIVE DATE
The effective date of this Agreement shall be as follows:
The Effective Date of this Agreement shall be the date upon which both of the following have occurred: (a) EPA issues written notice to the Club that the United States and the State have fully executed the Agreement after review of and response to any public comments received, and (b) the Club takes title to the Property.
If the Club takes title to portions of the Property at different times, the Effective Date of this Agreement shall be determined separately, as to each portion of the Property so acquired, in the manner set forth in Paragraph 56.a above.
The Club shall notify EPA and MoDNR within seven (7) days of taking title to any portion of the Property.
Notwithstanding the foregoing, for purposes of Section V (Payment of Response Costs), Section VIII (Record Retention) and Section XVI (Effect of Agreement/Contribution), the effective date of this agreement shall be the earliest of the effective dates described in Paragraphs 56.a and 56.b above.
INTEGRATION/APPENDICES
This Agreement and its appendices constitute the final, complete, and exclusive agreement and understanding among the Parties with respect to the resolution of liability embodied in this Agreement. The Parties acknowledge that there are no representations, agreements, or understandings relating to the resolution of liability other than those expressly contained in this Agreement. The following appendices are attached to and incorporated into this Agreement.
Appendix A is a map and legal description of the Property.
Appendix B is a map of the Carter Carburetor Site.
DISCLAIMER
This Agreement in no way constitutes a finding by EPA or MoDNR as to the risks to human health and the environment which may be posed by contamination at the Property or the Site nor constitutes any representation by EPA or MoDNR that the Property or the Site is fit for any particular purpose.
 ENFORCEMENT; PAYMENT OF COSTS
Notwithstanding Paragraphs 40 and 41 of this Agreement, if the Club fails to comply with the terms of this Agreement, the United States or the State may file a lawsuit for breach of this Agreement, or any provision thereof, in the United States District Court for the Eastern District of Missouri. The United States or the State may elect to intervene in any action related to breach of this Agreement and the Club consents and agrees not to contest the United States' or the State's intervention. In any such action, the Club consents to and agrees not to contest the exercise of personal jurisdiction over it by the court. The Club further acknowledges that venue in the Eastern District of Missouri is appropriate and agrees not to raise any challenge on this basis.
In the event the United States or the State files a civil action as contemplated by Paragraph 59, above, to remedy breach of this Agreement, the United States and the State may seek, and the Court may grant as relief, the following: (a) an order mandating specific performance of any term or provision in this Agreement, without regard to whether monetary relief would be adequate; and (b) any additional relief that may be authorized by law or equity.
The Club shall be liable for all litigation and other enforcement costs incurred by the United States or the State to enforce this Agreement or otherwise obtain compliance.
NOTICES AND SUBMISSIONS
Any notices, documents, information, reports, plans, approvals, disapprovals, or other correspondence required to be submitted from one party to another under this Agreement, shall be deemed submitted either when an email is transmitted and received, it is hand-delivered, or as of the date of receipt by certified mail/return receipt requested, or express mail.
       Submissions to the Club shall be addressed to: Flint Fowler, President, Boys & Girls Clubs of Greater St. Louis, Inc., 2901 North Grand Avenue, St. Louis, MO 63107-2608<EMAIL_ADDRESS>             With copies to: Peter Strassner, Thompson Coburn LLP, One US Bank Plaza, St. Louis, MO 63101<EMAIL_ADDRESS>       All submissions to U.S. EPA shall be addressed to: Cathie Chiccine, Office of Regional Counsel, 11201 Renner Boulevard, Lenexa, KS 66219<EMAIL_ADDRESS>      All submissions to the State, including MoDNR, shall be addressed to: Charles Adamson, General Counsel, Missouri Department of Natural Resources, 1101 Riverside Drive, Jefferson City, Missouri 65101<EMAIL_ADDRESS>

IT IS SO AGREED:

BY:
The Herbert Hoover Boys & Girls Club of St. Louis, Inc. (Purchaser)

_____________________________________________________________
Flint W. Fowler, Ph.D.					Date
President

IT IS SO AGREED:
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
BY:

_____________________________________________________________
Andrew R. Wheeler	Date
Administrator

_____________________________________________________________
James B. Gulliford	Date
Regional Administrator
Region 7

IT IS SO AGREED:
MISSOURI DEPARTMENT OF NATURAL RESOURCES
BY:

_____________________________________________________________
Director, Missouri Department of Natural Resources 			Date

IT IS SO AGREED:
UNITED STATES DEPARTMENT OF JUSTICE
BY:
NATHANIEL DOUGLAS
Deputy Section Chief
Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice

BY:
_____________________________________________________________
	Date
Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice

IT IS SO AGREED:
MISSOURI ATTORNEY GENERAL'S OFFICE
BY:

_____________________________________________________________
Assistant Attorney General	Date
Governmental Affairs Division