Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Notices 27055 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticide 

discussed in this document, compared 

to the general population. 

II. What action is the agency taking? 

Under section 5 of FIFRA, 7 U.S.C. 

136c, EPA can allow manufacturers to 

field test pesticides under development. 

Manufacturers are required to obtain an 

EUP before testing new pesticides or 

new uses of pesticides if they conduct 

experimental field tests on 10 acres or 

more of land or one acre or more of 

water. 

Pursuant to 40 CFR 172.11(a), the 

Agency has determined that the 

following EUP application may be of 

regional and national significance, and 

therefore is seeking public comment on 

the EUP application: 

Submitter: Dr. Robert I. Rose, on 

behalf of Stephen L. Dobson, University 

of Kentucky, Department of 

Entomology, S–225 Ag. Science Center 

North, Lexington, KY 40546–0091, 

(88877–EUP–R). 

Pesticide Chemical: Wolbachia 

pipientis. 

Summary of Request: The applicant 

proposes release of male Aedes 

polynesienis mosquitoes infected with 

Wolbachia pipientis in American 

Samoa. The male mosquitoes will mate 

with indigenous female Aedes 

polynesienis, causing conditional 

sterility and resulting in mosquito 

population suppression. Adult and egg 

collection data from treated areas will 

be compared to those in the control site 

to examine for the effect of the released 

product on the indigenous population. 

A copy of the application and any 

information submitted is available for 

public review in the docket established 

for this EUP application as described 

under ADDRESSES. 

Following the review of the 

application and any comments and data 

received in response to this solicitation, 

EPA will decide whether to issue or 

deny the EUP request, and if issued, the 

conditions under which it is to be 

conducted. Any issuance of an EUP will 

be announced in the Federal Register. 

List of Subjects 

Environmental protection, 

Experimental use permits. 

Dated: April 26, 2012. 

Keith A. Matthews, 

Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. 2012–11087 Filed 5–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9670–1] 

National and Governmental Advisory 

Committees to the U.S. Representative 

to the Commission for Environmental 

Cooperation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of advisory committee 

meeting teleconference call. 

SUMMARY: Under the Federal Advisory 

Committee Act, Public Law 92–463, 

EPA gives notice of a meeting of the 

National Advisory Committee (NAC) 

and Governmental Advisory Committee 

(GAC) to the U.S. Representative to the 

North American Commission for 

Environmental Cooperation (CEC). The 

National and Governmental Advisory 

Committees advise the EPA 

Administrator in her capacity as the 

U.S. Representative to the CEC Council. 

The Committees are authorized under 

Articles 17 and 18 of the North 

American Agreement on Environmental 

Cooperation (NAAEC), North American 

Free Trade Agreement Implementation 

Act, Public Law 103–182, and as 

directed by Executive Order 12915, 

entitled ‘‘Federal Implementation of the 

North American Agreement on 

Environmental Cooperation.’’ The NAC 

is composed of 13 members 

representing academia, environmental 

non-governmental organizations, and 

private industry. The GAC consists of 12 

members representing state, local, and 

Tribal governments. The Committees are 

responsible for providing advice to the 

U.S. Representative on a wide range of 

strategic, scientific, technological, 

regulatory, and economic issues related 

to implementation and further 

elaboration of the NAAEC. 

The purpose of this teleconference is 

to discuss and approve the draft advice 

letter addressing the draft Guidelines for 

Submissions on Enforcement Matters 

under Articles 14 and 15 of the NAAEC. 

A copy of the agenda will be posted at 

http://www.epa.gov/ofacmo/nacgacpage.htm. 

DATES: The NAC/GAC will hold a public 

teleconference on Wednesday, May 16, 

2012, from 12 p.m. to 1 p.m. Eastern 

Standard Time. Due to an expedited 

advice request, EPA is announcing the 

meeting with less than 15 days public 

notice. 

ADDRESSES: The meeting will be held at 

the U.S. EPA East Building, 1201 

Constitution Ave. NW., Room 1132, 

Washington, DC 20004. 

FOR FURTHER INFORMATION CONTACT: 

Oscar Carrillo, Designated Federal 

Officer, carrillo.oscar@epa.gov, 202– 

564–0347, U.S. EPA, Office of Federal 

Advisory Committee Management and 

Outreach (1601–M), 1200 Pennsylvania 

Avenue NW., Washington, DC 20460. 

SUPPLEMENTARY INFORMATION: Requests 

to make oral comments or to provide 

written comments to NAC/GAC should 

be sent to Oscar Carrillo at 

carrillo.oscar@epa.gov by Thursday, 

May 10, 2012. The meeting is open to 

the public, with limited seating on a 

first-come, first-served basis. Members 

of the public wishing to participate in 

the teleconference should contact Oscar 

Carrillo at carrillo.oscar@epa.gov or 

(202) 564–0347 by May 10, 2012. 

Meeting Access: For information on 

access or services for individuals with 

disabilities, please contact Oscar 

Carrillo at 202–564–0347 or 

carrillo.oscar@epa.gov. To request 

accommodation of a disability, please 

contact Oscar Carrillo, preferably at 

least 10 days prior to the meeting, to 

give EPA as much time as possible to 

process your request. 

Dated: May 1, 2012. 

Oscar Carrillo, 

Designated Federal Officer. 

[FR Doc. 2012–11043 Filed 5–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9667–8] 

Proposed Settlement Agreement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed settlement 

agreement; request for public comment. 

SUMMARY: In accordance with section 

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

(‘‘CAA’’ or the ‘‘Act’’), 42 U.S.C. 

7413(g), notice is hereby given of a 

proposed settlement agreement between 

EPA and the industry petitioners in 

Portland Cement Ass’n v. EPA, No. 10– 

1358 (D.C. Circuit). Under the 

settlement agreement, EPA would 

propose action on pending 

reconsideration issues and on issues 

raised by the court’s remand in Portland 

Cement Ass’n v. EPA by June 15, 2012 


srobinson on DSK4SPTVN1PROD with NOTICES
27056 Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Notices 

(proposal) and December 20, 2012 

(final). EPA would also address the 

issue of whether there should be new 

compliance dates for amended 

standards for existing sources as part of 

that process. In exchange, industry 

petitioners would agree not to seek 

rehearing or rehearing en banc of the DC 

Circuit’s opinion in Portland Cement 

Ass’n v. EPA, 665 F. 3d 177. 

DATES: Written comments on the 

proposed settlement agreement must be 

received by June 7, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OAR–2011–0344, 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, 

D.C. 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: 

Steven Silverman, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone: (202) 

564–5523; fax number (202) 564–5654; 

email address: 

silverman.steven@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement Agreement 

The proposed settlement agreement 

seeks to prevent further litigation in 

Portland Cement Ass’n v. EPA, 665 F. 

3d 177 (D.C. Cir. 2011), which involved 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) for 

the portland cement source category. 

The court upheld the NESHAP itself (as 

well as the contemporaneous section 

111 New Source Performance Standard), 

but found that EPA had arbitrarily failed 

to grant reconsideration of the NESHAP 

to consider the effect of EPA’s 

Nonhazardous Secondary Materials 

(NHSM) rule on the standards, 76 FR 

15456 (Mar. 21, 2011), which rule had 

the effect of reclassifying some cement 

kilns as commercial and solid waste 

incinerators. Portland Cement Ass’n v. 

EPA, 665 F. 3d 177, 186–189 (D.C. Cir. 

2011). Following issuance of the court’s 

opinion, but before the deadline for 

seeking rehearing from the panel which 

decided the case, or seeking rehearing 

en banc from the entire Circuit, EPA 

chose to reconsider aspects of the 

NHSM rule. 76 FR 80452 (Dec. 23, 

2011). 

Under the proposed settlement 

agreement, EPA would propose action 

on reconsideration of the NESHAP by 

June 15, 2012 and take final action on 

that proposal by December 20, 2012. In 

that rulemaking, EPA would agree to 

address the remand of the D.C. Circuit, 

all issues on which EPA has already 

granted reconsideration (see 76 FR 

28318 (May 17, 2011)), and a pending 

petition for reconsideration of the 

NESHAP filed on November 15, 2011 by 

Holcim Cement. If supported by the 

administrative record, EPA would also 

agree to propose to extend the existing 

source compliance date of September 

10, 2013, or in any case to discuss the 

possibility of extending that date, and to 

take final action by December 20, 2012 

regarding the date of compliance. 

In turn, industry petitioners would 

agree not to seek panel rehearing or 

rehearing en banc. In the event that EPA 

does not propose to extend the 

compliance date for existing sources 

until at least September 9, 2015, or EPA 

does not complete any of the other 

actions set out in the proposed 

settlement, industry petitioners could 

request the court (either the panel or the 

en banc court) to rehear the case. 

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 

settlement agreement 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 

settlement agreement 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 

settlement agreement should be 

withdrawn, the terms of the settlement 

agreement will be affirmed. 

II. Additional Information About 

Commenting on the Proposed 

Settlement Agreement 

A. How can I get a copy of the 

settlement agreement? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OAR–2011–0344) contains a 

copy of the proposed settlement 

agreement. 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 

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 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Notices 27057 

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: April 24, 2012. 

Kevin W. McLean, 

Acting Associate General Counsel. 

[FR Doc. 2012–11046 Filed 5–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2012–0217; FRL–9669–1] 

Request for Nominations of Drinking 

Water Contaminants for the Fourth 

Contaminant Candidate List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice and request for public 

comment. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is requesting 

nominations of chemical and microbial 

contaminants for possible inclusion in 

the fourth drinking water Contaminant 

Candidate List (CCL 4). EPA is also 

requesting supporting information that 

has been made available since the 

development of the third CCL (CCL 3), 

or existing information that was not 

considered for CCL 3, which shows that 

the nominated contaminant may have 

an adverse health effect on people and 

occurs or is likely to occur in public 

water systems. 

DATES: Nominations must be received 

on or before June 22, 2012. 

ADDRESSES: Submit your nominations 

by one of the following methods: 

• To the CCL 4 Nominations Web 

site: http://water.epa.gov/scitech/ 

drinkingwater/dws/ccl/ccl4.cfm by 

following the on-line instructions for 

submitting nominations. 

• Mail: Water Docket, U.S. 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460. 

Identify your nominations by Docket ID 

No. EPA–HQ–OW–2012–0217. 

• Hand Delivery: Water Docket, U.S. 

EPA Docket Center (EPA/DC). Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. The 

EPA Docket Center, Water Docket is 

located in Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20004. The telephone number for the 

Water Docket is (202) 566–2426. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact the EPA 

Safe Drinking Water Hotline at (800) 

426–4791 or email: hotlinesdwa@epa.gov. For technical questions 

about this notice and/or inquires 

regarding EPA’s CCL 4 Nominations 

Web site, please contact Clifton 

Townsend, Standards and Risk 

Management Division, Office of Ground 

Water and Drinking Water, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., MC:4607M, 

Washington, DC 20460; telephone 

number: (202) 564–1576; email address: 

townsend.clifton@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This notice does not impose any 

requirements on anyone; it only 

requests drinking water contaminant 

candidate nominations and provides 

information on how the public can 

submit nominations to the agency. 

B. How can I get copies of this document 

and other related information? 

1. Docket. EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OW–2012–0217. Publicly 

available docket materials are available 

either electronically through 

www.regulations.gov or in hard copy at 

the Water Docket in the EPA Docket 

Center (see ADDRESSES section) 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the EPA Web site 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. 

II. Background 

A. What is the CCL? 

The CCL is a list of contaminants that 

are currently not subject to any 

proposed or promulgated national 

primary drinking water regulations, that 

are known or anticipated to occur in 

public water systems, and which may 

require regulation under the Safe 

Drinking Water Act (SDWA). EPA uses 

this list of unregulated contaminants to 

help the agency determine whether it 

should regulate a specific contaminant 

and to prioritize research and data 

collection efforts. SDWA requires that 

EPA publish the CCL every five years 

(SWDA Section 1412(b)(1)). EPA is also 

required to consult with the scientific 

community and provide notice and 

opportunity for public comment prior to 

publication of the CCL. 

SDWA also requires EPA to determine 

whether to regulate at least five 

contaminants from the CCL every five 

years (SWDA Section 1412(b)(1)) with a 

national primary drinking water 

regulation (NPDWR). In making a 

determination to regulate a 

contaminant, SDWA specifies that three 

criteria must be met: 

1. The contaminant may have an 

adverse effect on the health of persons; 

2. The contaminant is known to occur 

or there is a substantial likelihood that 

the contaminant will occur in public 

water systems with a frequency and at 

levels of public health concern; and 

3. In the sole judgment of the 

Administrator, regulation of such 

contaminant presents a meaningful 

opportunity for health risk reduction for 

persons served by public water systems. 

B. How did EPA develop previous 

contaminant candidate lists? 

EPA published the first CCL (CCL 1), 

which contained 60 chemical and 

microbiological contaminants, on March 

2, 1998 (63 FR 10273). EPA consulted 

with the scientific community and the 

National Drinking Water Advisory 

Council (NDWAC) on the process used 

to develop CCL 1. Based on the NDWAC 

recommendations, the agency 

developed and used screening and 

evaluation criteria to identify the list of 

chemical contaminants for CCL 1. For 

microbiological contaminants, the 

agency followed the NDWAC 

recommendations and sought external 

expertise to identify and select potential 

waterborne pathogens. The agency 

convened a workshop of microbiologists 

and public health experts who 

developed criteria for screening and 


srobinson on DSK4SPTVN1PROD with NOTICES