Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Notices 54463 

98/2000/XP format). It is the SAB Staff 

Office general policy to post written 

comments on the Web page for the 

advisory meeting or teleconference. 

Submitters are requested to provide an 

unsigned version of each document 

because the SAB Staff Office does not 

publish documents with signatures on 

its Web sites. Members of the public 

should be aware that their personal 

contact information, if included in any 

written comments, may be posted to the 

CASAC Web site. Copyrighted material 

will not be posted without explicit 

permission of the copyright holder. 

Accessibility: For information on 

access or services for individuals with 

disabilities, please contact Mr. Edward 

Hanlon at the phone number or e-mail 

address noted above, preferably at least 

ten days prior to the meeting, to give 

EPA as much time as possible to process 

your request. 

Dated: August 24, 2011. 

Vanessa T. Vu, 

Director, EPA Science Advisory Board Staff 

Office. 

[FR Doc. 2011–22430 Filed 8–31–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9458–4] 

Notification of a Joint Public 

Teleconference of the Chartered 

Science Advisory Board and Board of 

Scientific Counselors 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of meeting. 

SUMMARY: The Environmental Protection 

Agency (EPA) Science Advisory Board 

(SAB) Staff Office announces a joint 

public teleconference of the Chartered 

SAB and Board of Scientific Counselors 

(BOSC) to discuss a draft report 

providing advice on Office of Research 

and Development’s (ORD’s) new 

strategic directions for research. 

DATES: The public teleconference will 

be held on Monday, September 19, 2011 

from 12 p.m. to 3 p.m. (Eastern Daylight 

Time). 

ADDRESSES: The public teleconference 

will be conducted by telephone only. 

FOR FURTHER INFORMATION CONTACT: Any 

member of the public who wishes 

further information concerning the 

teleconference may contact Dr. Angela 

Nugent, Designated Federal Officer 

(DFO), EPA Science Advisory Board 

(1400R), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460; via 

telephone/voice mail (202) 564–2218, 

fax (202) 565–2098; or e-mail at 

nugent.angela@epa.gov. General 

information concerning the SAB can be 

found on the EPA Web site at http:// 

www.epa.gov/sab. 

SUPPLEMENTARY INFORMATION: 

Background: The SAB was established 

pursuant to the Environmental 

Research, Development, and 

Demonstration Authorization Act 

(ERDAA), codified at 42 U.S.C. 4365, to 

provide independent scientific and 

technical advice to the Administrator on 

the technical basis for Agency positions 

and regulations. The BOSC was 

established by the EPA to provide 

advice, information, and 

recommendations regarding the ORD 

research program. The SAB and BOSC 

are Federal Advisory Committees 

chartered under the Federal Advisory 

Committee Act (FACA), 5 U.S.C., App. 

2. Pursuant to FACA and EPA policy, 

notice is hereby given that the SAB and 

BOSC will hold a joint public 

teleconference to discuss a draft report 

providing advice on Office of Research 

and Development’s (ORD’s) new 

strategic directions for research. The 

SAB and BOSC will comply with the 

provisions of FACA and all appropriate 

SAB Staff Office procedural policies. 

The Office of Research and 

Development is restructuring its 

research programs for FY 2012 to better 

understand environmental problems 

and inform sustainable solutions to 

meet EPA’s strategic goals. The SAB and 

BOSC held a public meeting on June 

29–30, 2011 to receive briefings and 

discuss draft research frameworks for 

ORD’s six major research programs (76 

FR 32198–32199). The SAB and BOSC 

will hold a public teleconference on 

September 19, 2011 to discuss their 

draft joint advisory report. Additional 

information about SAB and BOSC 

advice on new ORD strategic research 

directions can be found on the SAB Web 

site at http://yosemite.epa.gov/sab/

sabproduct.nsf/fedrgstr_activites/

Strategic%20Research%20

Directions?OpenDocument. 

Availability of Meeting Materials: A 

meeting agenda and other materials for 

the meeting will be placed on the SAB 

Web site at http://epa.gov/sab. 

Procedures for Providing Public Input: 

Interested members of the public may 

submit relevant written or oral 

information for consideration on the 

topics included in this advisory activity. 

Oral Statements: To be placed on the 

public speaker list for the September 19, 

2011 meeting, interested parties should 

notify Dr. Angela Nugent, DFO, by email no later than September 15, 2011. 

Individuals making oral statements will 

be limited to five minutes per speaker. 

Written Statements: Written statements 

for the September 19, 2011 meeting 

should be received in the SAB Staff 

Office by September 15, 2011, so that 

the information may be made available 

to the SAB and BOSC for their 

consideration prior to this meeting. 

Written statements should be supplied 

to the DFO in the following formats: one 

hard copy with original signature and 

one electronic copy via e-mail 

(acceptable file format: Adobe Acrobat 

PDF, MS Word, WordPerfect, MS 

PowerPoint, or Rich Text files in IBM– 

PC/Windows 98/2000/XP format). 

Submitters are asked to provide 

electronic versions of each document 

submitted with and without signatures, 

because the SAB Staff Office does not 

publish documents with signatures on 

its Web sites. 

Accessibility: For information on 

access or services for individuals with 

disabilities, please contact Dr. Nugent at 

the phone number or e-mail address 

noted above, preferably at least ten days 

prior to the meeting, to give EPA as 

much time as possible to process your 

request. 

Dated: August 26, 2011. 

Vanessa T. Vu, 

Director, EPA Science Advisory Board Staff 

Office. 

[FR Doc. 2011–22439 Filed 8–31–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9458–7] 

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 a 

lawsuit filed by WildEarth Guardians 

and Sierra Club in the United States 

District Court for the Northern District 

of California: WildEarth Guardians et al. 

v. Jackson, No. 3:11–cv–00190–WHA 

(N.D. Cal.). On July 6, 2011, Plaintiffs 

filed an amended complaint alleging 

that EPA failed, among other things, to 

take final action under section 110(k)(2) 

and (3) of the CAA to approve or 

disapprove, approve in part, or 

disapprove in part State Implementation 


srobinson on DSK4SPTVN1PROD with NOTICES
54464 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Notices 

Plan (SIP) submittals or portions of 

submittals meeting applicable 

requirements of section 110(a)(2) of the 

CAA, for the States of Alabama, 

Connecticut, Florida, Mississippi, North 

Carolina, Tennessee, Indiana, Maine, 

Ohio, New Mexico, Delaware, Kentucky, 

Nevada, Arkansas, New Hampshire, 

South Carolina, Massachusetts, Arizona, 

Georgia and West Virginia with regards 

to the 2006 PM2.5 National Ambient Air 

Quality Standards (‘‘NAAQS’’). The 

proposed consent decree establishes 

deadlines for EPA to take these actions. 

DATES: Written comments on the 

proposed consent decree must be 

received by October 3, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2011–0618, 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: 

Geoffrey L. Wilcox, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–5601; fax number (202) 564–5603; 

e-mail address: 

wilcox.geoffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

resolve a portion of a lawsuit seeking to 

compel the Administrator to take final 

action under sections 110(k)(2) and (3) 

of the CAA to either approve or 

disapprove, approve in part, or 

disapprove in part SIP submittals or 

portions of submittals meeting 

applicable requirements of section 

110(a)(2) of the CAA. The SIP 

submissions at issue are the 

‘‘infrastructure’’ SIPs that States are 

required to submit to meet the basic 

structural requirements to provide for 

the implementation, maintenance, and 

enforcement of the 2006 PM2.5 NAAQS 

within the 20 named States. Under the 

consent decree, various deadlines have 

been established for EPA to take final 

action for the States of Alabama, 

Connecticut, Florida, Mississippi, North 

Carolina, Tennessee, Indiana, Maine, 

Ohio, New Mexico, Delaware, Kentucky, 

Nevada, Arkansas, New Hampshire, 

South Carolina, Massachusetts, Arizona, 

Georgia and West Virginia. No later than 

15 business days after taking each 

action, EPA shall send the notice(s) of 

such action to the Office of the Federal 

Register for review and publication in 

the Federal Register. After EPA fulfills 

its obligations under the decree, the 

Plaintiffs and EPA agree to file a joint 

motion for voluntary dismissal, 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 that consent to this consent 

decree should be withdrawn, the terms 

of the agreement 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–2011–0618) 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 

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:// 

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, 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Notices 54465 

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: August 26, 2011. 

Patricia Embrey, 

Acting Associate General Counsel. 

[FR Doc. 2011–22429 Filed 8–31–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9458–3] 

Proposed Settlement Agreement, 

Clean Air Act Citizen Suit 

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’’), notice is hereby 

given of a proposed settlement 

agreement to address a lawsuit filed by 

Sierra Club and WildEarth Guardians in 

the United States District Court for the 

Northern District of California: Sierra 

Club et al. v. Jackson, No. 3:10–cv– 

04060–CRB (N.D. Cal.). On August 10, 

2011, Plaintiffs filed a second amended 

complaint alleging that EPA failed to 

perform a duty mandated by CAA 

section 110(c)(1), to promulgate Federal 

Implementation Plans (‘‘FIPs’’) within 

twenty-four (24) months after issuing a 

finding of failure to submit State 

Implementation Plans (‘‘SIPs’’) meeting 

applicable requirements of CAA section 

110(a)(2), for North Dakota, Hawaii, 

Alaska, Idaho, Oregon, Washington, 

Maryland, Virginia, Arkansas, Arizona, 

Florida and Georgia with regard to the 

1997 8-hour ozone National Ambient 

Air Quality Standards (‘‘NAAQS’’). In 

addition, Plaintiffs also alleged that EPA 

failed to perform a duty mandated by 

CAA section 110(k)(2), to take final 

action on the SIP submittals or portions 

of submittals meeting applicable 

requirements of CAA section 110(a)(2), 

submitted by Maryland, Virginia, 

Arkansas, Oklahoma, Florida, Georgia, 

Nevada, North Carolina, Tennessee, and 

Arizona with regard to the 1997 8-hour 

ozone NAAQS. The proposed settlement 

agreement establishes deadlines for EPA 

to take these actions. In addition, the 

proposed settlement agreement requires 

EPA to take action, as appropriate, on a 

petition for rulemaking filed by the 

Sierra Club on an issue related to 

existing SIP provisions. 

DATES: Written comments on the 

proposed settlement agreement must be 

received by October 3, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2011–0722, 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: 

Geoffrey L. Wilcox, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–5601; fax number (202) 564–5603; 

e-mail address: wilcox.geoffrey@epa.gov. 

SUPPLEMENTARY INFORMATION:

I. Additional Information About the 

Proposed Settlement Agreement 

The proposed settlement agreement 

would resolve a lawsuit seeking to 

compel the Administrator to take 

various actions related to the 

‘‘infrastructure’’ SIP submissions of 

specific states for the 1997 8-hour ozone 

NAAQS. First, the proposed settlement 

agreement would require the 

Administrator either to promulgate a 

FIP, or to approve a SIP submission 

from the state in lieu thereof, pursuant 

to CAA section 110(c)(1), addressing the 

applicable requirements of section 

110(a)(2), for North Dakota, Hawaii, 

Alaska, Idaho, Oregon, Washington, 

Maryland, Virginia, Arkansas, Arizona, 

Florida and Georgia with regard to the 

1997 8-hour ozone NAAQS. Second, the 

proposed settlement agreement would 

also require the Administrator to take 

final action pursuant to CAA section 

110(k)(2), on the SIP submittals or 

portions of submittals addressing the 

applicable requirements of section 

110(a)(2), for Maryland, Virginia, 

Arkansas, Oklahoma, Florida, Georgia, 

Nevada, North Carolina, Tennessee, and 

Arizona with regard to the 1997 8-hour 

ozone NAAQS. 

The proposed settlement agreement 

provides various dates by which EPA 

must propose action or take final action 

with respect to each of these duties, 

depending upon the state in question 

and the element or elements of section 

110(a)(2) at issue. No later than 15 

business days following signature on 

each notice related to a proposed or 

final action specified in the proposed 

settlement agreement, EPA is required 

to send the notice to the Office of the 

Federal Register for review and 

publication in the Federal Register. 

After EPA fulfills all of its obligations 

under the agreement to take actions 

required by section 110(c) or section 

110(k) with respect to the various 

elements of section 110(a)(2) for the 

respective states, the Plaintiffs agree to 

file a motion for voluntary dismissal, 

with prejudice. 

In addition to specific actions 

required by section 110(c)(1) and 

section 110(k), the proposed settlement 

agreement obligates EPA to respond to 

a petition for rulemaking from the Sierra 

Club concerning existing provisions in 

SIPs related to excess emissions from 

sources during periods of startup, 

shutdown, or malfunction (‘‘SSM’’) that 

may be contrary to the CAA and EPA’s 

policies addressing such emissions. The 

proposed settlement agreement requires 

EPA either to grant or to deny the 

petition with respect to the allegedly 

illegal SSM provisions by a specified 

date. If EPA grants the petition with 

respect to a provision, EPA agrees to 

promulgate either a SIP call pursuant to 

section 110(k)(5) or an error correction 

pursuant to section 110(k)(6), as EPA 

deems appropriate. 

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 

that consent to this settlement 

agreement should be withdrawn, the 

terms of the agreement will be affirmed. 


srobinson on DSK4SPTVN1PROD with NOTICES