Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices 71023 

TABLE 2—REGISTRANT OF AMENDED PRODUCTS

EPA Company No. Company name and address 

10163 ....................................................... Gowan Company, P.O. Box 5569, Yuma, AZ 85366–5569. 

III. Summary of Public Comments 

Received and Agency Response to 

Comments 

During the public comment period 

provided, EPA received no comments in 

response to the December 1, 2010 

Federal Register notice (75 FR 230) 

(FRL–8854–3) announcing the Agency’s 

receipt of the request to voluntary 

amend to delete DCNA use on potatoes 

for products listed in Table 1 of Unit II. 

IV. Cancellation Order 

Pursuant to FIFRA section 6(f), EPA 

hereby approves the requested 

amendment to terminate use of DCNA 

on potatoes for registrations identified 

in Table 1 of Unit II. Accordingly, the 

Agency hereby orders that the product 

registrations identified in Table 1 of 

Unit II. are amended to terminate use on 

potatoes. The effective date of the 

cancellations that are subject of this 

notice is November 16, 2011. Any 

distribution, sale, or use of existing 

stocks of the products identified in 

Table 1 of Unit II. in a manner 

inconsistent with any of the provisions 

for disposition of existing stocks set 

forth in Unit VI. will be a violation of 

FIFRA. 

V. What is the agency’s authority for 

taking this action? 

Section 6(f)(1) of FIFRA provides that 

a registrant of a pesticide product may 

at any time request that any of its 

pesticide registrations be canceled or 

amended to terminate one or more uses. 

FIFRA further provides that, before 

acting on the request, EPA must publish 

a notice of receipt of any such request 

in the Federal Register. Thereafter, 

following the public comment period, 

the EPA Administrator may approve 

such a request. The notice of receipt for 

this action was published for comment 

on December 1, 2010. The comment 

period closed on May 31, 2011. 

VI. Provisions for Disposition of 

Existing Stocks 

Existing stocks are those stocks of 

registered pesticide products which are 

currently in the United States and 

which were packaged, labeled, and 

released for shipment prior to the 

effective date of the action. The existing 

stocks provision for the products subject 

to this order is as follows. 

The registrant may continue to sell 

and distribute existing stocks of 

products listed in Table 1 whose labels 

include the deleted use until November 

16, 2012, which is 1 year after 

publication of this cancellation order in 

the Federal Register. Thereafter, the 

registrant is prohibited from selling or 

distributing products listed in Table 1 of 

Unit II. whose labels include the deleted 

use, except for export in accordance 

with FIFRA section 17 or for proper 

disposal. 

Persons other than the registrant may 

sell, distribute, or use existing stocks of 

products whose labels include the 

deleted use until supplies are 

exhausted, provided that such sale, 

distribution, or use is consistent with 

the terms of the previously approved 

labeling on, or that accompanied, the 

deleted use. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: October 6, 2011. 

Peter Caulkins, 

Acting Director, Pesticide Re-evaluation 

Division, Office of Pesticide Programs. 

[FR Doc. 2011–29612 Filed 11–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2011–0898; FRL–9326–7] 

FIFRA Scientific Advisory Panel; 

Notice of Public Meeting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: There will be a 3-day meeting 

of the Federal Insecticide, Fungicide, 

and Rodenticide Act Scientific Advisory 

Panel (FIFRA SAP) to consider and 

review Common Effects Assessment 

Methodology developed in the Office of 

Pesticide Programs and Office of Water. 

DATES: The meeting will be held on 

January 31, 2012 to February 2, 2012, 

from 9 a.m. to approximately 5:30 p.m. 

Comments. The Agency encourages 

that written comments be submitted by 

January 17, 2012 and requests for oral 

comments be submitted by January 24, 

2012. However, written comments and 

requests to make oral comments may be 

submitted until the date of the meeting, 

but anyone submitting written 

comments after January 17, 2012 should 

contact the Designated Federal Official 

(DFO) listed under FOR FURTHER

INFORMATION CONTACT. For additional 

instructions, see Unit I.C. of the 

SUPPLEMENTARY INFORMATION. 

Nominations. Nominations of 

candidates to serve as ad hoc members 

of FIFRA SAP for this meeting should 

be provided on or before November 30, 

2011. 

Webcast. This meeting may be 

webcast. Please refer to the FIFRA SAP’s 

Web site, http://www.epa.gov/scipoly/ 

SAP for information on how to access 

the webcast. Please note that the 

webcast is a supplementary public 

process provided only for convenience. 

If difficulties arise resulting in 

webcasting outages, the meeting will 

continue as planned. 

Special accommodations. For 

information on access or services for 

individuals with disabilities, and to 

request accommodation of a disability, 

please contact the DFO listed under FOR

FURTHER INFORMATION CONTACT at least 

10 days prior to the meeting to give EPA 

as much time as possible to process 

your request. 

ADDRESSES: The meeting will be held at 

the Environmental Protection Agency, 

Conference Center, Lobby Level, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA 22202. 

Comments. Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0898, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2011– 

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71024 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices 

0898. If your comments contain any 

information that you consider to be CBI 

or otherwise protected, please contact 

the DFO listed under FOR FURTHER

INFORMATION CONTACT to obtain special 

instructions before submitting your 

comments. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or 

email. The regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. 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. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. 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, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

Nominations, requests to present oral 

comments, and requests for special 

accommodations. Submit nominations 

to serve as ad hoc members of FIFRA 

SAP, requests for special seating 

accommodations, or requests to present 

oral comments to the DFO listed under 

FOR FURTHER INFORMATION CONTACT. 

FOR FURTHER INFORMATION CONTACT: 

Sharlene R. Matten, Office of Science 

Coordination and Policy (7201M), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(202) 564–0130; fax number: (202) 564– 

8382; email address: 

matten.sharlene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general. This action may, however, be 

of interest to persons who are or may be 

required to conduct testing of chemical 

substances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

FIFRA, and the Food Quality Protection 

Act of 1996 (FQPA). Since other entities 

may also be interested, the Agency has 

not attempted to describe all the specific 

entities that may be affected by this 

action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the DFO 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. What should I consider as I prepare 

my comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

C. How may I participate in this 

meeting? 

You may participate in this meeting 

by following the instructions in this 

unit. To ensure proper receipt by EPA, 

it is imperative that you identify docket 

ID number EPA–HQ–OPP–2011–0898 in 

the subject line on the first page of your 

request. 

1. Written comments. The Agency 

encourages that written comments be 

submitted, using the instructions in 

ADDRESSES, no later than January 17, 

2012, to provide FIFRA SAP the time 

necessary to consider and review the 

written comments. Written comments 

are accepted until the date of the 

meeting, but anyone submitting written 

comments after January 17, 2012 should 

contact the DFO listed under FOR

FURTHER INFORMATION CONTACT. Anyone 

submitting written comments at the 

meeting should bring 30 copies for 

distribution to FIFRA SAP. 

2. Oral comments. The Agency 

encourages that each individual or 

group wishing to make brief oral 

comments to FIFRA SAP submit their 

request to the DFO listed under FOR

FURTHER INFORMATION CONTACT no later 

than January 24, 2012, in order to be 

included on the meeting agenda. 

Requests to present oral comments will 

be accepted until the date of the meeting 

and, to the extent that time permits, the 

Chair of FIFRA SAP may permit the 

presentation of oral comments at the 

meeting by interested persons who have 

not previously requested time. The 

request should identify the name of the 

individual making the presentation, the 

organization (if any) the individual will 

represent, and any requirements for 

audiovisual equipment (e.g., overhead 

projector, 35 mm projector, chalkboard). 

Oral comments before FIFRA SAP are 

limited to approximately 5 minutes 

unless prior arrangements have been 

made. In addition, each speaker should 

bring 30 copies of his or her comments 

and presentation slides for distribution 

to the FIFRA SAP at the meeting. 

3. Seating at the meeting. Seating at 

the meeting will be open and on a firstcome basis. 

4. Request for nominations to serve as 

ad hoc members of FIFRA SAP for this 

meeting. As part of a broader process for 

developing a pool of candidates for each 

meeting, FIFRA SAP staff routinely 

solicits the stakeholder community for 

nominations of prospective candidates 

for service as ad hoc members of FIFRA 

SAP. Any interested person or 

organization may nominate qualified 

individuals to be considered as 

prospective candidates for a specific 

meeting. Individuals nominated for this 

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Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices 71025 

meeting should have expertise in one or 

more of the following areas: Aquatic 

toxicity estimation tools, aquatic plant 

toxicity, aquatic animal toxicity, 

statistics, species sensitivity 

distributions, and application of toxicity 

data to development of aquatic life 

criteria. Nominees should be scientists 

who have sufficient professional 

qualifications, including training and 

experience, to be capable of providing 

expert comments on the scientific issues 

for this meeting. Nominees should be 

identified by name, occupation, 

position, address, and telephone 

number. Nominations should be 

provided to the DFO listed under FOR

FURTHER INFORMATION CONTACT on or 

before November 30, 2011. The Agency 

will consider all nominations of 

prospective candidates for this meeting 

that are received on or before this date. 

However, final selection of ad hoc 

members for this meeting is a 

discretionary function of the Agency. 

The selection of scientists to serve on 

FIFRA SAP is based on the function of 

the panel and the expertise needed to 

address the Agency’s charge to the 

panel. No interested scientists shall be 

ineligible to serve by reason of their 

membership on any other advisory 

committee to a Federal department or 

agency or their employment by a 

Federal department or agency except the 

EPA. Other factors considered during 

the selection process include 

availability of the potential panel 

member to fully participate in the 

panel’s reviews, absence of any conflicts 

of interest or appearance of lack of 

impartiality, independence with respect 

to the matters under review, and lack of 

bias. Although financial conflicts of 

interest, the appearance of lack of 

impartiality, lack of independence, and 

bias may result in disqualification, the 

absence of such concerns does not 

assure that a candidate will be selected 

to serve on FIFRA SAP. Numerous 

qualified candidates are identified for 

each panel. Therefore, selection 

decisions involve carefully weighing a 

number of factors including the 

candidates’ areas of expertise and 

professional qualifications and 

achieving an overall balance of different 

scientific perspectives on the panel. In 

order to have the collective breadth of 

experience needed to address the 

Agency’s charge for this meeting, the 

Agency anticipates selecting 

approximately 10 to12 ad hoc scientists. 

FIFRA SAP members are subject to 

the provisions of 5 CFR part 2634, 

Executive Branch Financial Disclosure, 

as supplemented by the EPA in 5 CFR 

part 6401. In anticipation of this 

requirement, prospective candidates for 

service on the FIFRA SAP will be asked 

to submit confidential financial 

information which shall fully disclose, 

among other financial interests, the 

candidate’s employment, stocks and 

bonds, and where applicable, sources of 

research support. The EPA will evaluate 

the candidate’s financial disclosure 

form to assess whether there are 

financial conflicts of interest, 

appearance of a lack of impartiality or 

any prior involvement with the 

development of the documents under 

consideration (including previous 

scientific peer review) before the 

candidate is considered further for 

service on FIFRA SAP. Those who are 

selected from the pool of prospective 

candidates will be asked to attend the 

public meetings and to participate in the 

discussion of key issues and 

assumptions at these meetings. In 

addition, they will be asked to review 

and to help finalize the meeting 

minutes. The list of FIFRA SAP 

members participating at this meeting 

will be posted on the FIFRA SAP Web 

site at http://epa.gov/scipoly/sap or may 

be obtained from the OPP Regulatory 

Public Docket at http:// 

www.regulations.gov. 

II. Background 

A. Purpose of FIFRA SAP 

FIFRA SAP serves as the primary 

scientific peer review mechanism of 

EPA’s Office of Chemical Safety and 

Pollution Prevention (OCSPP) and is 

structured to provide scientific advice, 

information and recommendations to 

the EPA Administrator on pesticides 

and pesticide-related issues as to the 

impact of regulatory actions on health 

and the environment. FIFRA SAP is a 

Federal advisory committee established 

in 1975 under FIFRA that operates in 

accordance with requirements of the 

Federal Advisory Committee Act. FIFRA 

SAP is composed of a permanent panel 

consisting of seven members who are 

appointed by the EPA Administrator 

from nominees provided by the National 

Institutes of Health and the National 

Science Foundation. FIFRA, as 

amended by FQPA, established a 

Science Review Board consisting of at 

least 60 scientists who are available to 

the SAP on an ad hoc basis to assist in 

reviews conducted by the SAP. As a 

peer review mechanism, FIFRA SAP 

provides comments, evaluations and 

recommendations to improve the 

effectiveness and quality of analyses 

made by Agency scientists. Members of 

FIFRA SAP are scientists who have 

sufficient professional qualifications, 

including training and experience, to 

provide expert advice and 

recommendation to the Agency. 

B. Public Meeting 

Both the U.S. Environmental 

Protection Agency (USEPA), Office of 

Pesticide Programs (OPP) and the Office 

of Water (OW) assess the effects of 

pesticides on aquatic ecosystems using 

approaches that afford a high degree of 

protection for aquatic life. EPA’s 

stakeholders have identified differences 

in the approaches that the OW and the 

OPP use to evaluate possible effects 

from pesticides on fish, other aquatic 

organisms, and aquatic plants. While 

there are differences in the effects 

characterization approaches used by 

EPA under the Clean Water Act (CWA) 

and FIFRA, both were developed with 

high quality data using rigorously peerreviewed assessment methodologies. In 

characterizing pesticide effects, both 

programs consider acute effects as well 

as chronic and sub-lethal effects on 

growth, survival, and reproduction in 

their risk assessments. 

EPA is now exploring how to build on 

the substantial high quality science 

already developed by both programs to 

develop additional toxicity estimation 

tools and approaches to support a 

consistent and common set of effects 

characterization methods using best 

available information. EPA’s goal in this 

effort is to develop tools, methods, and 

approaches that: 

• Continue to be based upon sound 

science and utilize available data, 

• Are legally defensible under our 

statutory mandates, 

• Are based upon methodologies that 

are as consistent and practical as 

possible, 

• Are implementable at the Federal 

and State levels, 

• Are developed as quickly and 

efficiently as possible, and 

• Reflect stakeholder input and 

comments. 

In order to characterize potential 

adverse effects of chemicals in the 

aquatic environment, EPA uses 

available toxicity data from studies 

involving individual test species, which 

serve as surrogates for untested species. 

These data are collected for individual 

organisms exposed to chemicals (e.g., 

pesticides) and are then frequently 

extended to represent effects to 

populations of the same species, 

populations of similar genera/taxa, or to 

aquatic ecosystems. The focus of the 

current efforts is to examine how 

limited test results can best be used to 

characterize adverse effects on aquatic 

animals and plants. To that end, EPA is 

exploring two general types of methods 

that may be used to extrapolate from 

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71026 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices 

toxicity test results to taxa-specific and 

community-based measures of effects 

relevant to the regulatory needs of OPP 

and OW, as well as the ability of 

predictive tools to augment in data 

limited situations. These methods 

include sensitivity distributions and 

assessment factors (AFs) both of which 

may be used to account for uncertainty, 

particularly in situations where toxicity 

data are limited. A portion of this work 

will address the derivation of an 

‘‘Aquatic Life Screening Value’’ (ALSV) 

that is related to the fifth percentile in 

a sensitivity distribution. ALSVs may be 

used to screen concentrations of 

pesticides and effluents in ambient 

waters and may be used by States and 

Tribes in the development of water 

quality standards. Other portions of this 

work will address other percentiles in 

sensitivity distributions that can be used 

to evaluate concentrations of pesticides 

in ambient water in other ways. 

EPA is requesting the SAP provide 

advice on several proposed tools and 

methods to characterize the toxicity and 

effects of chemical stressors on aquatic 

animals and plants. 

1. Use of Predictive Toxicology Tools 

in Characterizing Effects of Chemical 

Stressors to Aquatic Animals; 

2. Use of Assessment Factors (AF) in 

Characterizing Acute Effects of 

Chemical Stressors on Aquatic Animals; 

3. Use of Species Sensitivity 

Distributions (SSD) in Characterizing 

Acute Effects of Chemical Stressors on 

Aquatic Animals; 

4. Evaluation of Chronic Toxicity Data 

and the Estimation of Acute to Chronic 

Ratios (ACR) in Characterizing Chronic 

Effects of Stressors on Aquatic Animals; 

5. Methods for Characterizing Effects 

of Chemical Stressors to Aquatic Plants; 

and 

6. Approaches for Characterizing 

Effects of Chemicals with Limited Data. 

C. FIFRA SAP Documents and Meeting 

Minutes 

EPA’s background paper, related 

supporting materials, charge/questions 

to FIFRA SAP, FIFRA SAP composition 

(i.e., members and ad hoc members for 

this meeting), and the meeting agenda 

will be available in early January 2012. 

In addition, the Agency may provide 

additional background documents as the 

materials become available. You may 

obtain electronic copies of these 

documents, and certain other related 

documents that might be available 

electronically, at http:// 

www.regulations.gov and the FIFRA 

SAP homepage at http://www.epa.gov/ 

scipoly/sap. 

FIFRA SAP will prepare meeting 

minutes summarizing its 

recommendations to the Agency 

approximately 90 days after the 

meeting. The meeting minutes will be 

posted on the FIFRA SAP Web site or 

may be obtained from the OPP 

Regulatory Public Docket at http:// 

www.regulations.gov. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: November 3, 2011. 

Frank Sanders, 

Director, Office of Science Coordination and 

Policy. 

[FR Doc. 2011–29602 Filed 11–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9492–7] 

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 

(‘‘Act’’), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed settlement 

agreement to address a lawsuit filed by 

the American Forest & Paper 

Association, Inc. (‘‘Petitioner’’) in the 

United States Court of Appeals for the 

District of Columbia: American Forest 

and Paper Association, Inc. v. EPA, No. 

10–1284 (DC Cir.) for review of EPA’s 

final rule entitled ‘‘Mandatory Reporting 

of Greenhouse Gases from Magnesium 

Production, Underground Coal Mines, 

Industrial Wastewater Treatment, and 

Industrial Waste Landfills’’, published 

at 75 FR 39,736 (July 12, 2010). Under 

the terms of the proposed settlement 

agreement, Petitioner would dismiss its 

claims if EPA signs a letter interpreting 

the rule in substantially similar format 

as proposed as it applies to Petitioner. 

DATES: Written comments on the 

proposed settlement agreement must be 

received by December 16, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2011–0904, 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: 

Ragan Tate, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone: (202) 

564–7382; fax number: (202) 564–5603; 

email address: tate.ragan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement Agreement 

On September 22, 2009, EPA finalized 

the first comprehensive Reporting 

program for greenhouse gases (‘‘GHGs’’) 

under the Clean Air Act (‘‘CAA’’ or ‘‘the 

Act’’). 75 FR 56,260 (October 30, 2009) 

(‘‘2009 Final GHG Reporting Rule’’). The 

2009 Final GHG Reporting Rule requires 

reporting of greenhouse gas emissions 

from large sources and suppliers in the 

United States, and is intended to collect 

accurate and timely emissions data to 

inform future policy decisions. Under 

the rule, suppliers of fossil fuels or 

industrial greenhouse gases, 

manufacturers of vehicles and engines, 

and facilities that emit 25,000 metric 

tons or more per year of GHG emissions 

are required to submit annual reports to 

EPA. The rule became effective 

December 29, 2009. In proposing the 

2009 Final GHG Reporting Rule, EPA 

proposed but did not finalize Subpart II 

‘‘Industrial Wastewater Treatment’’ of 

the 2009 Rule. On June 28, 2010 EPA 

finalized an amendment to the 2009 

Final GHG Reporting Rule, ‘‘Mandatory 

Reporting of Greenhouse Gases from 

Magnesium Production, Underground 

Coal Mines, Industrial Wastewater 

Treatment, and Industrial Waste 

Landfills’’, published at 75 FR 39,736 

(July 12, 2010) (‘‘Subpart II Rule). 

The American Forest & Paper 

Association filed a petition for review in 

the DC Circuit challenging the Subpart 

II Rule (10–1284). The petition for 

review in the DC Circuit raises issues 

with the final requirements of the 

Subpart II Rule. Upon EPA’s motion, on 

October 20, 2010, the court issued an 

order holding the case in abeyance 

pending the parties’ settlement 

discussions. 

Under the proposed settlement 

agreement being noticed today, the 

petition for review would be dismissed 

in its entirety if EPA signs a letter 

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