34982 Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Notices 

distribution, or use is consistent with 

the terms of the previously approved 

labeling on, or that accompanied, the 

cancelled products. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: June 7, 2011. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2011–14765 Filed 6–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9319–7] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

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 consent decree to address a 

lawsuit filed by WildEarth Guardians 

and Elizabeth Crowe in the United 

States District Court for the Northern 

District of California: WildEarth 

Guardians and Elizabeth Crowe v. 

Jackson, No. 4:11–cv–02205–SI (N.D. 

Cal.). On May 5, 2011, Plaintiffs filed a 

complaint alleging that EPA failed to 

perform a mandatory duty under the 

CAA to act on a State Implementation 

Plan submitted by the State of Arizona. 

In accordance with section 113(g) of the 

Clean Air Act, as amended (‘‘CAA’’), 42 

U.S.C. 7413(g), notice is hereby given of 

a proposed consent decree, between 

Petitioners: WildEarth Guardians and 

Elizabeth Crowe, and Respondent, the 

U.S. Environmental Protection Agency 

(EPA) (collectively ‘‘the Parties’’). On or 

about June 13, 2007, the Petitioners 

submitted to EPA, Arizona’s State 

Implementation Plan for the 1997 8- 

hour ozone nonattainment area of 

Phoenix-Mesa, Arizona (Phoenix-Mesa 

SIP). The Petitioners allege that EPA 

failed to take timely final action to 

approve, disapprove, or partially 

approve/disapprove the Phoenix-Mesa 

SIP. Under the terms of the proposed 

consent decree deadlines have been 

established for EPA to take action. 

DATES: Written comments on the 

proposed consent decree must be 

received by July 15, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2011–0350, online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; mailed 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: Jan 

Tierney, Air and Radiation Law Office 

(2344A), Office of General Counsel, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone: (202) 564–5598; 

fax number: (202) 564–5603; e-mail 

address: tierney.jan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree 

establishes deadlines for EPA to take 

final action under section 110(k) of the 

CAA to approve, disapprove, or 

partially approve/disapprove the 

Phoenix-Mesa SIP. The proposed 

consent decree requires that no later 

than May 31, 2012, EPA shall sign for 

publication in the Federal Register a 

notice taking final action pursuant to 

section 110(k) of the CAA, 42 U.S.C. 

7410(k), on the portions of the PhoenixMesa SIP that do not pertain to New 

Source Review (NSR). The proposed 

consent decree also requires that no 

later than October 31, 2012, EPA shall 

sign for the publication in the Federal 

Register a notice of the Agency’s final 

action on the portions of the PhoenixMesa SIP that pertain to NSR. In 

addition, the proposed consent decree 

states that within fifteen (15) business 

days following signature of such 

action(s), EPA shall deliver notice of 

such action to the Office of the Federal 

Register for publication. The proposed 

consent decree further states that if EPA 

takes final action on its proposed rule to 

classify the Phoenix-Mesa, Arizona 

nonattainment area under Title I, part D, 

subpart 2 of the CAA before May 31, 

2012 or if EPA takes final action 

redesignating the Phoenix-Mesa, 

Arizona nonattainment area to 

attainment or unclassifiable before May 

31, 2012 then the deadline for action on 

the non-NSR portions of the plan is 

voided and that if EPA takes final action 

on either of those two rules by October 

31, 2012, then the deadline for action on 

the NSR portion of the SIP is voided. 

The proposed consent decree also states 

that after EPA fulfills its obligations 

under the decree, the parties will file a 

joint request to the Court to dismiss this 

matter 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 were 

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, based on any comment 

submitted, that consent to this consent 

decree should be withdrawn, the terms 

of 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–2011–0350) 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 http:// 

www.regulations.gov. You may use the 

http://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 http:// 


jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Notices 34983 

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 e-mail 

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 http://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, e-mail 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 (e-mail) 

system is not an ‘‘anonymous access’’ 

system. If you send an e-mail comment 

directly to the Docket without going 

through http://www.regulations.gov, 

your e-mail 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: June 8, 2011. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. 2011–14830 Filed 6–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9319–6] 

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’’), 42 U.S.C. 

7413(g), notice is hereby given of a 

proposed consent decree to address 

lawsuits filed by WildEarth Guardians, 

National Parks Conservation 

Association, and the Environmental 

Defense Fund (collectively, ‘‘Plaintiffs’’) 

in the United States District Court for 

the District of Colorado: WildEarth 

Guardians, et al. v. Jackson, No. 1:11– 

cv–0001–CMA–MEH (D. CO) and 

consolidated case (No. 11–cv–00743– 

CMA–MEH). Plaintiffs filed complaints 

alleging that EPA failed to perform 

certain nondiscretionary duties under 

sections 110(k)(2) and 110(c) of the 

CAA, 42 U.S.C. 7410(k)(2). Specifically, 

Plaintiffs’ complaints alleged that EPA: 

failed to act on two State 

Implementation Plan (‘‘SIP’’) 

submissions, one addressing Colorado 

regional haze and the other addressing 

North Dakota excess emissions during 

startup, shutdown, malfunction and 

maintenance; failed to act on a 

Wyoming SIP submission addressing 

Wyoming regional haze, and failed to 

promulgate regional haze Federal 

Implementation Plans (‘‘FIPs’’) for 

Montana, North Dakota, Colorado and 

Wyoming; and failed to promulgate a 

regional haze FIP for the State of 

Colorado or, alternatively, to finally 

approve a regional haze SIP for the State 

of Colorado. Under the terms of the 

proposed consent decree, deadlines are 

established for EPA to take action on the 

relevant SIPs and FIPs. 

DATES: Written comments on the 

proposed consent decree must be 

received by July 15, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2011–0533, online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail 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: Lea 

Anderson, Air and Radiation Law Office 

(2344A), Office of General Counsel, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone: (202) 564–5571; 

fax number (202) 564–5603; e-mail 

address: anderson.lea@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

resolve lawsuits filed by Plaintiffs for 

EPA’s alleged failure to take timely 

action under CAA sections 110(k)(2) 

and 110(c) on SIPs and FIPs as 

described in the Summary section of 

this notice. Under the terms of the 

proposed consent decree, deadlines are 

established for EPA to sign rulemaking 

actions to meet the relevant obligations. 

In addition, the proposed consent 

decree requires that no later than 10 

business days following signature of the 

notice of any proposed or final 

rulemaking, EPA shall send the notice 

to the Office of the Federal Register for 

review and publication. After EPA 

fulfills its obligations under the 

proposed consent decree, the consent 

decree may be terminated. 

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 were 

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 


jlentini on DSK4TPTVN1PROD with NOTICES