5010 Federal Register / Vol. 77, No. 21 / Wednesday, February 1, 2012 / Notices 

public comment period provided by the 

state, unless the petitioner demonstrates 

that it was impracticable to raise issues 

during the comment period, or the 

grounds for the issues arose after this 

period. 

On September 20, 2010, EPA received 

a petition from the Petitioners 

requesting that EPA object to the Title 

V operating permit that IDEM proposed 

to issue to Duke. The Petitioners alleged 

that the permit is not in compliance 

with the requirements of the Act. 

Specifically, the Petitioners alleged that: 

(1) The permit fails to include a Best 

Available Control Technology limit for 

particulate matter with a diameter of 2.5 

microns or less (PM2.5) because of the 

improper use of coarse particulate 

matter as a surrogate for PM2.5; and (2) 

emissions of PM2.5 from the plant would 

cause a violation of the PM2.5 National 

Ambient Air Quality Standard. 

On December 13, 2011, the 

Administrator issued an Order denying 

the Petitioners’ petition. The Order 

explains the reasons behind EPA’s 

conclusion. 

Dated: January 23, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–2214 Filed 1–31–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2012–0057; FRL–9337–1] 

Notice of Availability of Memorandum 

of Understanding Between U.S. 

Environmental Protection Agency and 

Department of the Interior, Bureau of 

Land Management 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

availability of a Memorandum of 

Understanding (MOU) between the 

Environmental Protection Agency and 

the Department of Interior, Bureau of 

Land Management. The two agencies 

will work together to support and 

facilitate reviewing pesticide regulatory 

activities under the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) 

relevant to risk assessments for the 

active ingredient formulations— 

aminopyralid, fluroxpyr, and 

rimsulfuron, proposed by the Bureau of 

Land Management, as well as to update 

risk assessment of two other ingredients. 

FOR FURTHER INFORMATION CONTACT: 

Mario Steadman, Information 

Technology and Resources Management 

Division (7502P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–8338: email address: 

steadman,mario@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action applies to the public in 

general. As such, 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 person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. How can I get copies of this document 

and other related information? 

EPA has established a docket for this 

action under docket identification (ID) 

number EPA–HQ–OPP–2011–0057. 

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 Office of 

Pesticide Programs (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. 

The complete text of the MOU can 

also be viewed in the electronic docket 

at regulations.gov. 

II. Brief Summary of Memorandum of 

Understanding 

Under the MOU the EPA and the BLM 

will work together to support and 

facilitate reviewing pesticide regulatory 

activities under the FIFRA relevant to 

work on some risk assessments for 

active ingredient formulations proposed 

by the BLM. Currently, the BLM is 

proposing to use three new active 

ingredients: aminopyralid, fluroxpyr, 

and rimsulfuron. The BLM is 

conducting human health and 

ecological risk assessments to evaluate 

the risks to humans, and fish and 

wildlife, from the use of these new 

active ingredients. In addition, the BLM 

is proposing to update risk assessments 

for 2, 4-D and clopyralid. 

List of Subjects 

Environmental protection, 

Confidential Business Information, 

Interagency Agreements, Pesticides and 

pests, Memorandum of Understanding. 

Dated: January 25, 2012. 

Michael Hardy, 

Acting Director, Information Technology and 

Resources Management Division, Office of 

Pesticide Programs. 

[FR Doc. 2012–2212 Filed 1–31–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9624–8] 

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’’), 42 U.S.C. 

7413(g), notice is hereby given of a 

proposed settlement agreement to settle 

a lawsuit filed by Zen Noh Grain 

Corporation in the United States District 

Court for the Eastern District of 

Louisiana: Zen-Noh Grain Corporation 

v. Jackson, Case No. 10–4367 (E.D. La.). 

Plaintiff filed this suit to compel the 

Administrator to respond to an 

administrative petition requesting, 

among other things, that EPA object to 

a CAA Title V operating permit issued 

by the Louisiana Department of 

Environmental Quality to Consolidated 

Environmental Management, Inc.— 

Nucor Steel Louisiana for a pig iron 

manufacturing process in St. James 

Parish, Louisiana. After subsequent 

permitting actions, Plaintiff submitted a 

second administrative petition 

requesting, among other things, that 

EPA object to two CAA Title V permits 

issued by Louisiana Department of 

Environmental Quality to Consolidated 

Environmental Management, Inc.— 

Nucor Steel Louisiana: a modified Title 

V permit for the aforementioned pig 

iron manufacturing process and a Title 

V permit for a direct reduced iron 

manufacturing process in St. James 

Parish, Louisiana. Under the terms of 

the proposed settlement agreement, EPA 

has agreed to respond to both petitions 

by March 16, 2012 to the extent that 

such response is required under 42 

U.S.C. 7661d(b)(2). 

DATES: Written comments on the 

proposed settlement agreement must be 

received by March 2, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2012–0074, online at 

www.regulations.gov (EPA’s preferred 

method); by email to 


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