Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Notices 53143 

Dated: August 21, 2013. 

Linda Arrington, 

Acting Director, Pesticide Re-Evaluation 

Division, Office of Pesticide Programs. 

[FR Doc. 2013–21021 Filed 8–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed consent 

decree; request for public comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘CAA’’ or the ‘‘Act’’), notice is hereby 

given of a proposed consent decree to 

address a lawsuit filed by Sandra L. 

Bahr and David Matusow in the United 

States District Court for the District of 

Arizona: Bahr, et al. v. McCarthy, No. 

2:13–cv–00872 SMM (D. AZ). On April 

30, 2013, Plaintiffs filed a complaint 

alleging that EPA failed to perform a 

mandatory duty under CAA section 

110(c)(1) to promulgate a federal 

implementation plan for the State of 

Arizona that arose as a result of EPA’s 

February 14, 2011, finding of failure to 

submit a revision to the state 

implementation plan required under 

CAA section 189(d), by the required 

deadline. The proposed consent decree 

establishes deadlines for EPA to take 

action. 

DATES: Written comments on the 

proposed consent decree must be 

received by September 27, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2013–0609, online at 

www.regulations.gov (EPA’s preferred 

method); by email to oei.docket@

epa.gov; by mail to EPA Docket Center, 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

or by hand delivery or courier to EPA 

Docket Center, EPA West, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC, between 8:30 a.m. and 

4:30 p.m. Monday through Friday, 

excluding legal holidays. Comments on 

a disk or CD–ROM should be formatted 

in Word or ASCII file, avoiding the use 

of special characters and any form of 

encryption, and may be mailed to the 

mailing address above. 

FOR FURTHER INFORMATION CONTACT: 

Geoffrey L. Wilcox, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone: (202) 

564–5601; fax number (202) 564–5603; 

email address: wilcox.geoffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

resolve a lawsuit filed by Sandra L. Bahr 

and David Matusow (‘‘Plaintiffs’’) 

seeking to compel the Administrator to 

take actions under CAA section 

110(c)(1) to promulgate a federal 

implementation plan (‘‘FIP’’) for the 

State of Arizona. A portion of Arizona, 

including Maricopa County and a part 

of Pinal County, is designated 

nonattainment for the National Ambient 

Air Quality Standard (‘‘NAAQS’’) for 

particulate matter ten microns in 

diameter or less (‘‘PM10’’). This area is 

classified as a ‘‘serious’’ PM10

nonattainment area. Because the area 

had not attained the NAAQS by the 

applicable statutory attainment date, 

Arizona was required to submit a 

revision to its state implementation plan 

(‘‘SIP’’) to meet the requirements of 

CAA section 189(d). On February 14, 

2011, EPA found that Arizona failed to 

make the SIP submission required under 

CAA section 189(d) by the required 

deadline. This finding of failure to 

submit started a 2-year clock under CAA 

section 110(c)(1) for EPA to promulgate 

a FIP to meet the obligations of CAA 

section 189(d). EPA did not promulgate 

the required FIP by the statutory 

deadline and this is the basis for the 

Plaintiffs’ mandatory duty lawsuit at 

issue in the proposed consent decree. 

The proposed consent decree 

provides that no later than January 14, 

2014, a notice or notices of the Agency’s 

proposed action or actions to either 

approve a SIP, promulgate a FIP, or 

approve a SIP in part with the 

promulgation of a partial FIP to address 

the requirements of CAA section 189(d). 

The proposed consent decree also 

provides that no later than June 2, 2014, 

a notice or notices of the Agency’s final 

action or actions to either approve a SIP, 

promulgate a FIP, or approve a SIP in 

part with the promulgation of a partial 

FIP to address the requirements of CAA 

section 189(d). The proposed consent 

decree requires that no later than 15 

business days following signature of 

each notice, EPA shall send the notice 

or notices to the Office of the Federal 

Register for review and publication in 

the Federal Register. After EPA fulfills 

its obligations under the proposed 

consent decree, the consent decree shall 

be terminated and the case dismissed 

with prejudice. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will accept written 

comments relating to the proposed 

consent decree from persons who are 

not named as parties or intervenors to 

the litigation in question. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

consent decree if the comments disclose 

facts or considerations that indicate that 

such consent is inappropriate, 

improper, inadequate, or inconsistent 

with the requirements of the Act. Unless 

EPA or the Department of Justice 

determines that consent to this consent 

decree should be withdrawn, the decree 

will be affirmed. 

II. Additional Information About 

Commenting on the Proposed Consent 

Decree 

A. How can I get a copy of the consent 

decree? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2013–0609) contains a 

copy of the proposed consent decree. 

The official public docket is available 

for public viewing at the Office of 

Environmental Information (OEI) Docket 

in the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OEI 

Docket is (202) 566–1752. 

An electronic version of the public 

docket is available through 

www.regulations.gov. You may use 

www.regulations.gov to submit or view 

public comments, access the index 

listing of the contents of the official 

public docket, and to access those 

documents in the public docket that are 

available electronically. Once in the 

system, key in the appropriate docket 

identification number then select 

‘‘search’’. 

It is important to note that EPA’s 

policy is that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing online at www.regulations.gov 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. Information 

claimed as CBI and other information 

whose disclosure is restricted by statute 

is not included in the official public 

docket or in the electronic public 

docket. EPA’s policy is that copyrighted 

material, including copyrighted material 

contained in a public comment, will not 

be placed in EPA’s electronic public 


wreier-aviles on DSK5TPTVN1PROD with NOTICES
53144 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Notices 

docket but will be available only in 

printed, paper form in the official public 

docket. Although not all docket 

materials may be available 

electronically, you may still access any 

of the publicly available docket 

materials through the EPA Docket 

Center. 

B. How and to whom do I submit 

comments? 

You may submit comments as 

provided in the ADDRESSES section. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an email 

address or other contact information in 

the body of your comment and with any 

disk or CD ROM you submit. This 

ensures that you can be identified as the 

submitter of the comment and allows 

EPA to contact you in case EPA cannot 

read your comment due to technical 

difficulties or needs further information 

on the substance of your comment. Any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. 

Use of the www.regulations.gov Web 

site to submit comments to EPA 

electronically is EPA’s preferred method 

for receiving comments. The electronic 

public docket system is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity, email address, 

or other contact information unless you 

provide it in the body of your comment. 

In contrast to EPA’s electronic public 

docket, EPA’s electronic mail (email) 

system is not an ‘‘anonymous access’’ 

system. If you send an email comment 

directly to the Docket without going 

through www.regulations.gov, your 

email address is automatically captured 

and included as part of the comment 

that is placed in the official public 

docket, and made available in EPA’s 

electronic public docket. 

Dated: August 20, 2013. 

Lorie J. Schmidt, 

Associate General Counsel. 

[FR Doc. 2013–21023 Filed 8–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9900–45–OA] 

Request for Nominations of Experts To 

Augment the Science Advisory Board 

Chemical Assessment Advisory 

Committee for the Review of the EPA’s 

Draft Toxicological Assessments for 

Ammonia, Trimethylbenzenes and the 

Evaluation of Inhalation 

Carcinogenicity of Ethylene Oxide 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA Science Advisory 

Board (SAB) Staff Office requests public 

nominations of scientific experts to 

augment the SAB Chemical Assessment 

Advisory Committee (CAAC) to form 

three panels for the review of: (1) The 

EPA’s draft Toxicological Review of 

Ammonia; (2) the EPA’s draft 

Toxicological Review of 

Trimethylbenzenes; and (3) the EPA’s 

draft Evaluation of the Inhalation 

Carcinogenicity of Ethylene Oxide In 

Support of Summary Information on the 

Integrated Risk Information System 

(IRIS). 

DATES: Nominations should be 

submitted by September 18, 2013 per 

the instructions below. 

FOR FURTHER INFORMATION CONTACT: Any 

member of the public wishing further 

information regarding this Notice and 

Request for Nominations may contact 

the appropriate Designated Federal 

Officer for the specific review, as 

identified below. Nominators unable to 

submit nominations electronically as 

described below may contact the 

Designated Federal Officers for 

assistance. General information 

concerning the EPA SAB can be found 

at the EPA SAB Web site at http:// 

www.epa.gov/sab. 

SUPPLEMENTARY INFORMATION: 

Background: The SAB (42 U.S.C. 

4365) is a chartered Federal Advisory 

Committee that provides independent 

scientific and technical peer review, 

advice, consultation, and 

recommendations to the EPA 

Administrator on the technical basis for 

EPA actions. As a Federal Advisory 

Committee, the SAB conducts business 

in accordance with the Federal 

Advisory Committee Act (FACA) (5 

U.S.C. App. 2) and related regulations. 

The SAB Chemical Assessment 

Advisory Committee (CAAC) is a 

subcommittee of the SAB that provides 

advice through the chartered SAB 

regarding assessments of environmental 

chemicals available on EPA’s Integrated 

Risk Information System (IRIS). The 

SAB and the CAAC, augmented with 

additional experts, will comply with the 

provisions of FACA and all appropriate 

SAB Staff Office procedural policies. 

The National Center for 

Environmental Assessment (NCEA) in 

the EPA’s Office of Research and 

Development (ORD) develops 

toxicological reviews/assessments for 

various chemicals for EPA’s Integrated 

Risk Information System (IRIS). NCEA 

has developed two separate draft IRIS 

assessments for ammonia and 

trimethylbenzenes, and a draft 

evaluation of the inhalation 

carcinogenicity for ethylene oxide for 

IRIS. NCEA has asked the SAB to peer 

review draft documents for ammonia, 

trimethylbenzenes, and ethylene oxide. 

The SAB Staff Office is seeking experts 

to augment the SAB CAAC to form three 

separate panels to conduct the peer 

reviews. 

(1) NCEA’s draft Toxicological Review 

of Ammonia (August 2013) represents a 

reassessment of the toxicity of ammonia. 

The assessment and proposed charge 

questions may be found at the following 

URL: http://yosemite.epa.gov/sab/ 

sabproduct.nsf/fedrgstr_activites/ 

IRIS%20Ammonia?OpenDocument. The 

ammonia assessment currently posted to 

the IRIS database includes an inhalation 

reference concentration (RfC, posted in 

1991). For the 2013 draft review, NCEA 

evaluated epidemiological data, 

experimental animal data, and other 

relevant data from studies of the 

noncancer and cancer effects of 

ammonia. This reassessment includes 

an inhalation RfC and a qualitative 

cancer descriptor. The assessment does 

not include an oral reference dose (RfD) 

or a quantitative cancer assessment 

because NCEA considered that adequate 

information was not available. 

(2) NCEA’s draft Toxicological Review 

of Trimethylbenzenes (August 2013) is 

the first IRIS assessment developed for 

trimethylbenzenes (TMBs), including 

1,2,3–TMB; 1,2,4–TMB; 1,3,5–TMB. The 

assessment and proposed charge 

questions may be found at the following 

URL: http://yosemite.epa.gov/sab/ 

sabproduct.nsf/fedrgstr_activites/ 

IRIS%20Trimethylbenzenes?

OpenDocument. NCEA has evaluated 

experimental animal data and other 

relevant noncancer data in this 

assessment. The assessment includes an 

inhalation RfC, oral RfD, and qualitative 

cancer descriptor for each isomer. The 

assessment does not include a 

quantitative cancer assessment. 

(3) NCEA has developed a draft 

Evaluation of the Inhalation 

Carcinogenicity of Ethylene Oxide (July 

2013 Draft). The draft evaluation and 


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