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
54466 Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 / Notices 

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–2011–0722) 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, 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 

website 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, 

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. 2011–22428 Filed 8–31–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9458–5] 

Request for Nominations of Experts for 

the Science Advisory Board’s Animal 

Feeding Operation Emission Review 

Panel 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA Science Advisory 

Board (SAB) Staff Office is requesting 

public nominations of technical experts 

to serve on an expert panel under the 

auspices of the SAB to conduct a peer 

review of EPA’s development of air 

emission estimating methodologies for 

animal feeding operations. 

DATES: Nominations should be 

submitted by September 22, 2011 per 

instructions below. 

FOR FURTHER INFORMATION CONTACT: Any 

member of the public wishing further 

information regarding this Notice and 

Request for Nominations may contact 

Mr. Edward Hanlon, Designated Federal 

Officer (DFO), SAB Staff Office, by 

telephone/voice mail at (202) 564–2134, 

or via e-mail at hanlon.edward@epa.gov. 

General information concerning the 

EPA Science Advisory Board can be 

found at the EPA SAB Web site at 

http://www.epa.gov/sab. For questions 

concerning EPA’s air emission 

estimating methodologies for animal 

feeding operations, please contact Mr. 

Larry Elmore of EPA’s Office of Air 

Quality Planning and Standards by 

phone at (919) 541–5433, or via e-mail 

at elmore.larry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Background: The SAB was 

established pursuant to the 

Environmental Research, Development, 

and Demonstration Authorization 

(ERDDAA) Act, codified at 42 U.S.C. 

4365 to provide independent scientific 

and technical advice to the EPA 

Administrator on the technical basis for 

EPA actions. The EPA’s Office of Air 

and Radiation (OAR) has requested the 

SAB to review EPA’s draft air emission 

estimating methodologies (EEMs) for 

animal feeding operations (AFOs). EPA 

developed the draft methodologies to 

address requirements of a voluntary air 

compliance consent agreement signed in 

2005 between EPA and nearly 14,000 

broiler, dairy, egg layer, and swine AFO 

operations. The goals of the agreement 

are to reduce air pollution, monitor AFO 

emissions, promote a national 

consensus on methodologies for 

estimating emissions from AFOs, and 

ensure compliance with the 

requirements of the Clean Air Act 

(CAA), the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) and the Emergency Planning 

and Community Right-to-Know Act 

(EPCRA). 

The pollutants monitored under the 

agreement include: Ammonia, hydrogen 

sulfide, particulate matter, and volatile 

organic compounds. As part of the 

agreement, EPA is charged with 

developing EEMs for broiler, dairy, egg 

layer, and swine AFO sectors. EPA has 

requested the SAB to provide advice on 


srobinson on DSK4SPTVN1PROD with NOTICES