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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices 71027 

interpreting the rule in substantially 

similar format as proposed as it applies 

to Petitioner. Pursuant to the proposed 

settlement agreement, EPA would be 

issuing its letter interpreting the rule as 

it applies to petitioner with respect to 

monitoring and measurements at three 

locations at the effluent treatment basin 

at International Paper Company’s 

Prattville Mill in Prattville, Alabama. 

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–2011–0904) 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 the 

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 email 

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, email 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 (email) 

system is not an ‘‘anonymous access’’ 

system. If you send an email comment 

directly to the Docket without going 

through http://www.regulations.gov, 

your email 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: November 8, 2011. 

Kevin McLean, 

Acting Associate General Counsel. 

[FR Doc. 2011–29648 Filed 11–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9492–6] 

Proposed Settlement Agreements, 

Clean Air Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Proposed Settlement 

Agreements; Request for Public 

Comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

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

hereby given of two proposed settlement 

agreements to resolve two cases filed by 

the WildEarth Guardians (‘‘Guardians’’) 

involving EPA actions under the CAA 

Title V operating permit program. On 

November 17, 2010, Guardians filed a 

petition with the Environmental 

Appeals Board (‘‘EAB’’) challenging a 

Title V Renewal Permit issued by EPA 

Region 8 on October 18, 2010 to BP 

America Production Company (‘‘BP’’) 

for its Florida River Compression 

Station Facility (In re BP America 

Production Co., Florida River 

Compression Facility, Appeal No. CAA 

10–04). On April 25, 2011, Guardians 

also filed a petition in the United States 

Court of Appeals for the Tenth Circuit 

(WildEarth Guardians v. EPA, No. 11– 

9527) challenging the Administrator’s 

February 2, 2011 order denying an 

administrative petition to object to a 

July 14, 2010 response of the Colorado 

Department of Public Health and 

Environment, Air Pollution Control 

Division regarding the issuance of a 

renewed title V permit for Anadarko 

Petroleum Corporation’s Frederick 

Compressor Station. Under the 

proposed settlement agreements, EPA 

would agree to undertake a pilot 

program for the purpose of studying, 

improving, and streamlining source 

determinations in the oil and gas 

industry in new or renewal Title V 

permits for which Region 8 is the initial 

Part 71 permitting authority. 

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