81930 Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Notices 

settlement is inappropriate, improper, 

or inadequate. 

A copy of the settlement document 

may be obtained by calling the Region 

IX Superfund Records Center at (415) 

820–4700 and requesting a copy of the 

document. 

ADDRESSES: Written comments should 

be addressed to Marie Rongone, U.S. 

Environmental Protection Agency 

Region IX, 75 Hawthorne Street (mail 

code ORC–3), San Francisco, California 

94105–3901, or may be faxed to her at 

(415) 947–3570 or sent by email to 

Rongone.Marie@epa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Additional information about the 

Proposed Administrative Order on 

Consent re 4057 and 4059 Goodwin 

Avenue, Los Angeles, California, may be 

obtained by calling Marie Rongone at 

(415) 972–3891 or Lisa Hanusiak at 

(415) 972–3152. 

Dated: December 20, 2011. 

Kathleen Salyer, 

Acting Director, Superfund Division, U.S. EPA 

Region IX. 

[FR Doc. 2011–33467 Filed 12–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9612–4] 

Notice of Proposed Administrative 

Settlement Pursuant to the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, As Amended by the Superfund 

Amendments and Reauthorization Act 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice; Request for public 

comment. 

SUMMARY: In accordance with Section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, as 

amended by the Superfund 

Amendments and Reauthorization Act 

(‘‘CERCLA’’), notice is hereby given that 

a proposed administrative cost recovery 

settlement concerning the Abbott Mine/ 

Turkey Run Mine Superfund Site (Site) 

in Lake County, California was executed 

by the Agency on November 14, 2011. 

The proposed settlement resolves an 

EPA claim under Section 107 of 

CERCLA against Respondent, El Paso 

Merchant Energy—Petroleum Company. 

The proposed settlement was entered 

into under the authority granted EPA in 

Section 122(h) of CERCLA, and requires 

the Respondent to pay $237,878.07 to 

the Hazardous Substances Superfund in 

settlement of past costs. For thirty (30) 

days following the date of publication of 

this notice, the Agency will receive 

written comments relating to the 

settlement. The Agency’s response to 

any comments received will be available 

for public inspection at: U.S. 

Environmental Protection Agency, 

Superfund Records Center, 95 

Hawthorne Street, Suite 403S, San 

Francisco, CA 94105, Phone (415) 536– 

2000. 

DATES: Comments must be submitted on 

or before January 30, 2012. 

ADDRESSES: The proposed settlement as 

set forth in the Administrative 

Agreement for Recovery of Past 

Response Costs, Docket No. 2011–13 is 

available for public inspection at the 

U.S. Environmental Protection Agency 

at U.S. Environmental Protection 

Agency, Superfund Records Center, 95 

Hawthorne Street, Suite 403S, San 

Francisco, CA 94105, Phone (415) 536– 

2000. A copy of the Administrative 

Settlement Agreement for Recovery of 

Past Costs may be obtained from the 

U.S. Environmental Protection Agency 

Region IX, Superfund Records Center at 

the above address. Comments regarding 

the proposed settlement should be 

addressed to Larry Bradfish at the 

address below, and should reference the 

Abbott Mine/Turkey Run Mine Site 

located in Lake County, California (EPA 

Docket No. 2011–13). 

FOR FURTHER INFORMATION CONTACT: 

Larry Bradfish, Assistant Regional 

Counsel, Office of Regional Counsel 

(ORC–3), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105, Phone (415) 

972–3934, E–Mail: 

bradfish.larry@epa.gov. 

Dated: December 7, 2011. 

Dustin Minor, 

Acting Director, Superfund Division. 

[FR Doc. 2011–33454 Filed 12–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9614–3] 

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 between Sierra Club and the 

U.S. Environmental Protection Agency. 

On March 2, 2011, Sierra Club 

submitted to Lisa Jackson, 

Administrator, United States 

Environmental Protection Agency 

(‘‘EPA’’) a Notice of intent to sue, 

pursuant to CAA section 304(b)(2), for 

alleged failure to make determinations 

of whether certain areas designated 

nonattainment for the 1997 8-hour 

ozone national ambient air quality 

standard (‘‘8-Hour ozone standard’’) 

have attained that standard, pursuant to 

section 181(b)(2) of the CAA. Sierra 

Club’s Notice alleged that EPA failed to 

perform nondiscretionary duties under 

the CAA as to whether seven 1997 8- 

hour ozone areas: (1) Boston-LawrenceWorcester (Eastern Massachusetts), (2) 

Chicago-Gary-Lake County (Illinois 

portion), (3) New York-Northern New 

Jersey-Long Island (New York, New 

Jersey, and Connecticut portions), (4) 

Springfield (Western Massachusetts), (5) 

St. Louis (Illinois and Missouri 

portions), (6) Charlotte-Gastonia-Rock 

Hill (North Carolina and South Carolina 

portions), and (7) Boston-ManchesterPortsmouth (New Hampshire portion) 

attained the 1997 8-hour ozone standard 

by the applicable attainment date. The 

proposed settlement agreement includes 

the Parties’ agreement that EPA has 

taken actions with respect to three of 

these areas—the Boston-ManchesterPortsmouth, Charlotte-Gastonia-Rock 

Hill, and Chicago-Gary-Lake County 

areas—that have rendered moot the 

allegations in Sierra Club’s Notice 

related to these areas. The proposed 

settlement agreement establishes 

deadlines for EPA to make 

determinations for the remaining four 

areas: New York-Northern New JerseyLong Island (NY, NJ, CT) Springfield 

(Western MA), Boston-LawrenceWorcester (Eastern MA), and St. Louis 

(IL, MO). 

DATES: Written comments on the 

proposed settlement agreement must be 

received by January 30, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2011–1021, 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 


wreier-aviles on DSK3TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Notices 81931 

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: 

Kendra Sagoff, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–5591; fax number (202) 564–5603; 

email address: sagoff.kendra@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement Agreement 

The proposed settlement agreement 

would avoid a lawsuit seeking to 

compel the Administrator to take 

various actions related to whether seven 

areas: (1) Boston-Lawrence-Worcester 

(Eastern Massachusetts), (2) ChicagoGary-Lake County (Illinois portion), (3) 

New York-Northern New Jersey-Long 

Island (New York, New Jersey, and 

Connecticut portions), (4) Springfield 

(Western Massachusetts), (5) St. Louis 

(Illinois and Missouri portions), (6) 

Charlotte-Gastonia-Rock Hill (North 

Carolina and South Carolina portions), 

and (7) Boston-Manchester-Portsmouth 

(New Hampshire portion), which are 

designated as nonattainment for ozone, 

attained the 1997 8-hour ozone NAAQS 

by the applicable attainment date. The 

proposed settlement agreement states 

that Sierra Club and EPA have agreed 

that EPA has taken actions with regard 

to the Boston-Manchester-Portsmouth, 

Charlotte-Gastonia-Rock Hill, and 

Chicago-Gary-Lake County areas, 

rendering the allegations regarding 

those areas moot. 

The proposed settlement agreement 

provides various dates by which EPA 

must propose a determination and make 

a final determination as to whether each 

of the four remaining areas listed in the 

Notice has attained the 1997 8-hour 

ozone standard by the applicable 

attainment date. These areas are: New 

York-Northern New Jersey-Long Island 

(NY, NJ, CT), Springfield (Western MA), 

Boston-Lawrence-Worcester (Eastern 

MA), and St. Louis (IL, MO). 

No later than 15 business days 

following signature on each notice 

related to a proposed or final 

determination 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. 

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. 

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–2011–1021) 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 

www.regulations.gov. You may use 

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 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 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 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: December 22, 2011. 

Patricia Embrey, 

Acting Associate General Counsel. 

[FR Doc. 2011–33455 Filed 12–28–11; 8:45 am] 

BILLING CODE 6560–50–P 


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