45848 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Notices 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the ORD Docket is (202) 

566–1752. 

FOR FURTHER INFORMATION CONTACT: The 

Designated Federal Officer via mail at: 

Lorelei Kowalski, Mail Code 8104–R, 

Office of Science Policy, Office of 

Research and Development, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460; via phone/voice 

mail at: (202) 564–3408; via fax at: (202) 

565–2911; or via e-mail at: 

kowalski.lorelei@epa.gov. 

SUPPLEMENTARY INFORMATION: 

General Information 

Any member of the public interested 

in receiving a draft BOSC agenda or 

making a presentation at the meeting 

may contact Lorelei Kowalski, the 

Designated Federal Officer, via any of 

the contact methods listed in the FOR

FURTHER INFORMATION CONTACT section 

above. In general, each individual 

making an oral presentation will be 

limited to a total of three minutes. 

Proposed agenda items for the 

meeting include, but are not limited to: 

Executive Committee review of the 

BOSC Clean Air Subcommittee draft 

report; update on BOSC program review 

subcommittees (Drinking Water); update 

on the BOSC standing subcommittees 

(National Center for Environmental 

Research, National Exposure Research 

Lab, and National Center for 

Computational Toxicology); an ORD 

briefing on revisions to the program 

review process; a briefing from the 

BOSC Decision Analysis Workgroup 

and discussion of draft workgroup 

product; an ORD update; an update on 

EPA’s Science Advisory Board 

activities; and future issues and plans. 

The meeting is open to the public. 

Information on Services for 

Individuals with Disabilities: For 

information on access or services for 

individuals with disabilities, please 

contact Lorelei Kowalski (202) 564– 

3408 or kowalski.lorelei@epa.gov. To 

request accommodation of a disability, 

please contact Lorelei Kowalski, 

preferably at least 10 days prior to the 

meeting, to give EPA as much time as 

possible to process your request. 

Notice of this meeting was originally 

submitted in a timely manner and 

would have been published more than 

15 days prior to the meeting date. 

However, due to an unexpected error, 

the notice had to be re-submitted for 

publication. Notice of this meeting is 

also provided on the BOSC Web site at 

http://www.epa.gov/osp/bosc. 

Dated: September 2, 2009. 

Fred Hauchman, 

Director, Office of Science Policy. 

[FR Doc. E9–21517 Filed 9–2–09; 4:15 pm] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0045; FRL–8434–4] 

Notice of Receipt of Several Pesticide 

Petitions Filed for Residues of 

Pesticide Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

Agency’s receipt of several initial filings 

of pesticide petitions proposing the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before October 5, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition 

number (PP) of interest as shown in the 

body of this document, 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 

the docket ID number and the pesticide 

petition number of interest as shown in 

the body of this document. 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 e-mail. The 

regulations.gov website 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 e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail 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. 

FOR FURTHER INFORMATION CONTACT: A 

contact person, with telephone number 

and e-mail address, is listed at the end 

of each pesticide petition summary. You 

may also reach each contact person by 

mail at: Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 


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pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

•Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed at the end of the 

pesticide petition summary of interest. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. 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. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

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 a typical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticides 

discussed in this document, compared 

to the general population. 

II. What Action is the Agency Taking? 

EPA is announcing its receipt of 

several pesticide petitions filed under 

section 408 of the Federal Food, Drug, 

and Cosmetic Act (FFDCA), 21 U.S.C. 

346a, proposing the establishment or 

modification of regulations in 40 CFR 

part 174 or part 180 for residues of 

pesticide chemicals in or on various 

food commodities. EPA has determined 

that the pesticide petitions described in 

this notice contain the data or 

information prescribed in FFDCA 

section 408(d)(2); however, EPA has not 

fully evaluated the sufficiency of the 

submitted data at this time or whether 

the data support granting of the 

pesticide petitions. Additional data may 

be needed before EPA can make a final 

determination on these pesticide 

petitions. 

Pursuant to 40 CFR 180.7(f), a 

summary of each of the petitions that 

are the subject of this notice, prepared 

by the petitioner, is included in a docket 

EPA has created for each rulemaking. 

The docket for each of the petitions is 

available on-line at http:// 

www.regulations.gov. 

As specified in FFDCA section 

408(d)(3), (21 U.S.C. 346a(d)(3)), EPA is 

publishing notice of the petition so that 

the public has an opportunity to 

comment on this request for the 

establishment or modification of 

regulations for residues of pesticides in 

or on food commodities. Further 

information on the petition may be 

obtained through the petition summary 

referenced in this unit. 

New Tolerances 

1. PP 8E7495. (EPA–HQ–OPP–2009– 

0552). Syngenta Crop Protection, P. O. 

Box 18300, Greensboro, NC 27409, 

proposes to establish an import 

tolerance in 40 CFR part 180 for 

residues of the fungicide fludioxonil, 4- 

(2, 2-difluoro-1,3-benzodioxol-4-yl)-1Hpyrrole-3-carbonitrile, in or on canola, 

seed at 0.01 parts per million (ppm). 

Syngenta has developed and validated 

analytical methodology for enforcement 

purposes. This method (Syngenta Crop 

Protection Method AG-597B) has passed 

an Agency petition method validation 

for several commodities, and is 

currently the enforcement method for 

fludioxonil. This method has also been 

forwarded to the Food and Drug 

Administration (FDA) for inclusion into 

the Pesticide Analytical Manual, 

Volume II (PAM II). An extensive 

database of method validation data 

using this method on various crop 

commodities is available. Contact: Lisa 

Jones, (703) 308–9424; 

jones.lisa@epa.gov. 

2. PP 8E7502. (EPA–HQ–OPP–2009– 

0551). Syngenta Crop Protection, P. O. 

Box 18300, Greensboro, NC 27409, 

proposes to establish an import 

tolerance in 40 CFR part 180 for 

residues of the fungicide cyprodinil, 2- 

Pyrimidinamine, 4-cyclopropyl-6- 

methyl-N-phenyl-, in or on canola, seed 

at 0.03 ppm. Syngenta Crop Protection 

has developed and validated analytical 

methodology for enforcement purposes. 

This method (Syngenta Crop Protection 

Method AG-631B) has passed an Agency 

petition method validation for several 

commodities and is currently the 

enforcement method for cyprodinil. An 

extensive database of method validation 

data using this method on various crop 

commodities is available. Contact: Lisa 

Jones, (703) 308–9424; 

jones.lisa@epa.gov. 

3. PP 9E7542. (EPA–HQ–OPP–2009– 

0553). Nichino America, Inc., 4550 New 

Linden Hill Rd., Suite 501, Wilmington, 

DE 19808, proposes to establish a 

tolerance in 40 CFR part 180 for 

residues of the fungicide flutolanil, (N- 

(3-(1-methylethoxy) phenyl) -2- 

(trifluoromethyl) benzamide) and its 

metabolite, M-4, desisopropylflutolanil 

(N-(3-hydroxyphenyl)-2-(trifluromethyl) 

benzamide), expressed as 2- 

trifluoromethyl benzoic acid and 

calculated as flutolanil, in or on cotton, 

seed and soybean, seed at 0.05 ppm. A 

previously submitted analytical method 

designated AU-95R-04, a gas 

chromatography, mass spectrometry 

detection method has been 


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independently validated and is 

adequate for enforcement purposes for 

flutolanil residue detection in soybean 

and wheat raw agricultural 

commodities. A multi-residue method 

for flutolanil has been previously 

submitted. The method is for use only 

by experienced chemists who have 

demonstrated knowledge of the 

principals of trace organic analysis and 

have proven skills and abilities to run 

a complex residue analytical method 

obtaining accurate results at the part per 

billion level. Users of this method are 

expected to perform additional method 

validation prior to using the method for 

either monitoring or enforcement. The 

method can detect gross misuse. 

Contact: Lisa Jones, (703) 308–9424; 

jones.lisa@epa.gov. 

4. PP 9E7566. (EPA–HQ–OPP–2009– 

0623). Gowan Company, 370 South 

Main Street, Yuma, AZ 85364, proposes 

to establish a tolerance in 40 CFR part 

180 for residues of the fungicide 

fenarimol, and its metabolites in or on 

cucurbits at 0.2 ppm. Analytical 

methodology used for cucurbit crops is 

a slight modification of the basic 

Pesticide Analytical Manual (PAM II) 

method for fenarimol (Method R039). 

Residues are extracted with methanol. 

Aqueous sodium chloride 5% is added 

and the extract is partitioned with 

dichloromethane. Residues are cleaned 

up on a Florisil column and detected by 

gas chromatography/electron capture 

detector (GC/ECD). Recoveries ranged 

from 84 – 97% in samples fortified with 

fenarimol at 0.02 ppm to 0.2 ppm. The 

limit of detection (LOD) is 0.01 ppm. 

Contact: Tamue L. Gibson, (703) 305– 

9095; gibson.tamue@epa.gov. 

5. PP 8F7468. (EPA–HQ–OPP–2009– 

0622). Bayer CropScience, 2 T.W. 

Alexander Drive, P.O. Box 12014, 

Research Triangle Park, NC 27709, 

proposes to establish a tolerance in 40 

CFR part 180 for residues of the 

fungicide pyrimethanil, (4,6-dimethylN-phenyl-2-pyrimidinamine) in or on 

caneberries, subgroup 13–07A at 12 

ppm and bushberries, subgroup 13–07B 

at 6 ppm. Pyrimethanil was extracted 

from apples by homogenization with 

acetone. An aliquot of the extract was 

diluted with a mixture of acetonitrile 

and water with subsequent residue 

determination by high performance 

liquid chromatography-mass 

spectrometry/mass spectrometry (HPLCMS/MS). The method allows the 

detection and measurement of residues 

in or on agricultural commodities at or 

above the proposed tolerance level. 

Contact: Tamue L. Gibson, (703) 305– 

9095; gibson.tamue@epa.gov. 

6. PP 9F7515. (EPA–HQ–OPP–2009– 

0611). Bayer CropScience, 2 T.W. 

Alexander Drive, P.O. Box 12014, 

Research Triangle Park, NC 27709, 

proposes to establish a tolerance in 40 

CFR part 180 for residues of the 

fungicide tebuconazole, in or on 

vegetables, fruiting, group at 1.4 ppm. 

An enforcement method for plant 

commodities has been validated on 

various commodities. It has undergone 

successful EPA validation and has been 

submitted for inclusion in the PAM II. 

The animal method has also been 

approved as an adequate enforcement 

method. Contact: Tracy Keigwin, (703) 

305–6605; keigwin.tracy@epa.gov. 

7. PP 9F7543. (EPA–HQ–OPP–2009– 

0616). Elanco Animal Health via 

Technology Sciences Group Inc., 4061 

North 156th Drive, Goodyear, AZ 85395, 

proposes to establish a tolerance in 40 

CFR part 180 for residues of the 

insecticide spinosad, a fermentation 

product of Saccharopolyspora spinosa 

which consists of two related active 

ingredients: 

Spinosyn A (Factor A: CAS No. 131929– 

60–7) or 2–[(6–deoxy-2,3,4-tri-O-methyla-L-manno-pyranosyl)oxy]-13-[[5- 

(dimethylamino)-tetrahydro-6-methyl2H-pyran-2-yl]oxy]-9-ethyl2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16btetradecahydro-14-methyl-1H-asIndaceno[3,2-d]oxacyclododecin-7,15- 

dione; 

and Spinosyn D (Factor D; CAS No. 

131929–63–0) or 2–[(6–deoxy-2,3,4-triO-methyl-a-L-manno-pyranosyl)oxy]- 

13-[[5-(dimethyl-amino)-tetrahydro-6- 

methyl-2H-pyran-2-yl]oxy]-9-ethyl2,3,3a,5a,5b,6,9,10,11,12,13,14,16a,16btetradecahydro-4,14-methyl-1H-asIndaceno[3,2-d]oxacyclododecin-7,15- 

dione, in or on milk at 5 ppm; milk, fat 

at 40 ppm; cattle, goat, and sheep, fat at 

30 ppm; hog, meat and poultry, meat 

byproducts at 0.2 ppm; hog, meat 

byproducts at 0.6 ppm; poultry, fat at 

1.5 ppm; and hog, fat at 2.0 ppm. The 

supporting assessment includes the 

Agency conclusion that spinosad is 

considered toxicologically identical to 

another pesticide, spinetoram. EPA has 

determined adequate analytical methods 

are available for enforcement purposes 

for spinosad in plant and animal 

matrices. Methods include an 

immunoassay particle-based method 

97.05 and an high performance liquid 

chromatography/ultraviolet (HPLC/UV) 

method GRM 03.15 and a suite of 

specific crop methods: GRM 94.02 

(cottonseed and related commodities), 

GRM 95.17 (leafy vegetables), GRM 

96.09 (citrus), GRM 96.14 (tree nuts), 

GRM 95.04 (fruiting vegetables), GRM 

94.02.S1 (cotton gin byproducts). GRM 

94.02 has a successful independent lab 

validation and was submitted for 

inclusion in PAM II as Method I. EPA 

recently concluded that for water, 

residues should be estimated using total 

spinosad residue method (EPA, 

D316077, August 2, 2006). An updated 

Dow AgroSciences method GRM 06.13 

for the determination of residues of 

spinosad and its metabolites in poultry 

tissues and eggs by liquid 

chromatography with tandem mass 

spectrometry supports this petition. 

Contact: Samantha Hulkower, (703) 

603–0683; 

hulkower.samantha@epa.gov. 

8. PP 9F7563. (EPA–HQ–OPP–2009– 

0575). Syngenta Crop Protection, Inc., 

P.O. Box 18300, Greensboro, NC 27419- 

8300, proposes to establish a tolerance 

in 40 CFR part 180 for residues of the 

herbicide sodium salt of fomesafen, 5- 

[2-cloro-4-(trifluoromethyl)phenoxy]-N- 

(methylsulfonyl)-2-nitrobenzamide, in 

or on potato at 0.025 ppm; and tomato 

at 0.025 ppm. The analytical method 

used for analysis of the potato tubers, 

tomato fruit and related processed 

fractions was based upon methodology 

previously utilized for analysis of 

fomesafen in soybeans. Contact: Michael 

Walsh, (703) 308–2972; 

walsh.michael@epa.gov. 

9. PP 9F7565. (EPA–HQ–OPP–2009– 

0550). Devgen US, Inc., 413 McFarlan 

Road, Suite B, Kennett Square, PA 

19348, proposes to establish a tolerance 

in 40 CFR part 180 for residues of the 

fungicide iprodione, in or on cucurbit 

crop group at 0.3 ppm; and fruiting 

vegetables, except cucurbits at 2.0 ppm. 

An adequate analytical method, gas 

liquid chromatography using an 

electron-capture detector, is available in 

the PAM II for enforcement purposes. 

Contact: Lisa Jones, (703) 308–9424; 

jones.lisa@epa.gov. 

New Tolerance Exemptions 

1. PP 9E7575. (EPA–HQ–OPP–2009– 

0478). BASF Corporation, 100 Campus 

Drive, Florham Park, NJ 07932, proposes 

to establish an exemption from the 

requirement of a tolerance for residues 

of carbonic acid, diethyl ester, polymer 

with alpha-hydro-omegahydroxypoly[oxy(methyl-1,2- 

ethanediyl)] ether with 2-ethyl-2- 

(hydroxymethyl)-1,3-propanediol (3:1), 

ester with alpha-[[[[5-(carboxyamino)- 

1,3,3-trimethylcyclohexyl

methyl]amino]carbonyl]-omegamethoxypoly(oxy-1,2-ethanediyl) (CAS 

No. 1147260–65–8) under 40 CFR 

180.960 when used as an inert 

ingredient as a surfactant in pesticide 

formulations without limitation. The 

petitioner believes no analytical method 

is needed because this petition is a 

request for an exemption from the 

requirement of a tolerance. Contact: 


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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