Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices 45851 

Elizabeth Fertich, (703) 347–8560; 

fertich.elizabeth@epa.gov. 

2. PP 9E7581. (EPA–HQ–OPP–2009– 

0610). Dow AgroSciences, LLC, 9330 

Zionsville Road, Indianapolis, IN 46268, 

proposes to establish an exemption from 

the requirement of a tolerance for 

residues of the dibenzylidene sorbitol 

(DBS) (CAS No. 32647–67–9); IUPAC D– 

Glucitol, bis–O-(phenylmethylene) (CAS 

No. 32647–67–9) under 40 CFR 180.920 

when used as an inert ingredient in a 

pesticide formulation. A limitation to 

herbicides only with a 3% formulation 

cap is proposed. The petitioner believes 

no analytical method is needed because 

this petition is a request for an 

exemption from the requirement of a 

tolerance. Contact: Elizabeth Fertich, 

(703) 347–8560; 

fertich.elizabeth@epa.gov. 

List of Subjects 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: August 24, 2009. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. E9–21395 Filed 9–3–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8953–5] 

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 

Colorado Citizens Against ToxicWaste 

and Rocky Mountain Clean Air Action 

(collectively ‘‘Plaintiffs’’) in the United 

States District Court for the District of 

Colorado: Colorado Citizens Against 

ToxicWaste et al. v. Jackson, No. 08–cv– 

1787 (D. Colo). On or about August 21, 

2008, Plaintiffs filed a Complaint 

alleging that EPA failed to perform a 

non-discretionary duty to review, and if 

appropriate revise, 40 CFR Part 61, 

Subpart W, National Emission 

Standards for Radon Emissions from 

Operating Mill Tailings, to comply with 

the requirements of CAA section 112(d). 

Under the terms of the proposed 

settlement agreement, Plaintiffs shall 

file a motion for voluntary dismissal of 

the Complaint, with prejudice, within 

10 business days after publication in the 

Federal Register of either: EPA’s 

issuance of a final determination not to 

revise Subpart W; or EPA’s 

promulgation of a final revision of 

Subpart W. 

DATES: Written comments on the 

proposed settlement agreement must be 

received by October 5, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2009–0679, 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: 

Susan Stahle, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–1272; fax number (202) 564–5603; 

e-mail address: stahle.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement Agreement 

This proposed settlement agreement 

would settle a deadline suit filed by 

Plaintiffs for EPA’s failure to review, 

and if appropriate revise, 40 CFR Part 

61, Subpart W, National Emission 

Standards for Radon Emissions from 

Operating Mill Tailings, to comply with 

the requirements of CAA section 112(d). 

Under the terms of the proposed 

settlement agreement, within 10 

business days after Plaintiffs and EPA 

have signed this agreement, the Parties 

shall file a joint motion with the Court 

notifying it of this agreement and 

request that this case be stayed pending 

completion of the process under section 

113(g) of the CAA as set forth in 

Paragraph 12 of this agreement. Within 

10 business days of the date this 

agreement becomes final, Plaintiffs shall 

file a motion to administratively close 

this case. If EPA signs and submits for 

publication in the Federal Register 

EPA’s promulgation of either (1) EPA’s 

issuance of a final determination not to 

revise Subpart W or (2) EPA’s 

promulgation of a final revision of 

Subpart W, Plaintiffs shall file a motion 

for voluntary dismissal of the 

Complaint, with prejudice, pursuant to 

Fed. R. Civ. P. 41(a), within 10 business 

days of such publication. Paragraph 3 

contains additional steps that EPA will 

complete under the agreement. 

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 

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 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, 

based on any comment submitted, that 

consent to this settlement agreement 

should be withdrawn, the terms of the 

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–OGC–2009–0679) 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 http:// 

www.regulations.gov. You may use 

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, select ‘‘search,’’ then key in the 

appropriate docket identification 

number. 


srobinson on DSKHWCL6B1PROD with NOTICES
45852 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices 

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:// 

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: September 1, 2009. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. E9–21400 Filed 9–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8952–9] 

Notice of Proposed Settlement 

Agreement and Opportunity for Public 

Comment: Coeburn Produce Disposal 

Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In accordance with section 

122(i) of the Comprehensive 

Environmental Response, Compensation 

and Liability Act of 1980, as amended 

(CERCLA), 42 U.S.C. 9622(h)(1), notice 

is hereby given of a Proposed Settlement 

Agreement and Administrative Order, 

Docket No. CERC–03–2009–0076CR 

(Proposed Settlement Agreement), that 

is intended to resolve the potential 

liability under CERCLA of two parties 

for response costs incurred by EPA and 

the United States Department of Justice 

on behalf of EPA, in connection with 

the Coeburn Produce Disposal Site, 

Coeburn, Wise County, Virginia (Site). 

DATES: Written comments on the 

Proposed Settlement Agreement must be 

received by October 5, 2009. 

ADDRESSES. Submit your comments, 

identified by Docket No. CERC–03– 

2009–0076–CR, by mail to: Docket Clerk 

(3RC00), United States Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103–2029. 

FOR FURTHER INFORMATION CONTACT: 

James Van Orden (3RC42), Office of 

Regional Counsel, U.S. EPA, 1650 Arch 

Street, Philadelphia, PA 19103–2029, 

telephone: (215) 814–2693, fax number 

(215) 814–2603 e-mail address: 

Vanorden.james@epa.gov. 

Maria Goodine (3HS62), U.S. EPA, 

1650 Arch Street, Philadelphia, PA 

19103–2029, telephone: (215) 814–2488, 

fax number (215) 814–2603, e-mail 

address: Goodine.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement Agreement 

Notice is hereby given of a Proposed 

Settlement Agreement and 

Administrative Order, Docket No. 

CERC–03–2009–0076CR, among the 

United States Environmental Protection 

Agency, Fuller Investments, Inc. and the 

Town of Coeburn, that has been 

approved, subject to public comment, 

pursuant to Section 122(h)(1) of 

CERCLA. The Proposed Settlement 

Agreement was signed by the Director of 

the Hazardous Site Cleanup Division, 

EPA Region III, on August 5, 2009. The 

Proposed Settlement Agreement 

provides for recovery of $185,000.00 

from Fuller Investments, Inc., which 

represents approximately 7.11% of the 

$2,600,864.50 in costs incurred by EPA 

and the U.S. Department of Justice on 

behalf of EPA in connection with the 

Site. The Town of Coeburn will not 

make any payment, but will be required 

to impose institutional controls at the 

Site and to maintain the remedy at the 

Site. 

The Environmental Protection Agency 

will receive written comments on the 

Proposed Settlement Agreement for a 

period of thirty (30) days from the date 

of publication of this Notice. 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 

CERCLA. Unless EPA or the Department 

of Justice determines, based on any 

comments which may be submitted, that 

consent to the Proposed Settlement 

Agreement should be withdrawn, the 

terms of the agreement will be affirmed. 

II. Additional Information About 

Commenting on the Proposed 

Settlement Agreement 

A. How Can I Get A Copy of the 

Proposed Settlement Agreement? 

A copy of the Proposed Settlement 

Agreement can be obtained from the 

United States Environmental Protection 

Agency, Region III, Office of Regional 

Counsel (3RC00), 1650 Arch Street, 

Philadelphia, Pennsylvania 19103–2029 

by contacting James Van Orden, 

Assistant Regional Counsel, at (215) 

814–2693, or via e-mail at 

Vanorden.James@epa.gov. It is 

important to note that it is EPA’s policy 

to make public comments, whether 

submitted electronically or in paper, 

available to the public, unless the 

comment contains copyrighted material, 


srobinson on DSKHWCL6B1PROD with NOTICES