66978 Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Notices 

III. Description of Programs and 

Potential Disclosure of Information 

Claimed as Confidential Business 

Information (CBI) to Contractors 

EPA’s Office of Transportation and 

Air Quality (OTAQ) has responsibility 

for protecting public health and the 

environment by regulating air pollution 

from motor vehicles, engines, and the 

fuels used to operate them, and by 

encouraging travel choices that 

minimize emissions. In order to 

implement various Clean Air Act 

programs, and to permit regulated 

entities flexibility in meeting regulatory 

requirements (e.g., compliance on 

average), we collect compliance reports 

and other information from them. 

Occasionally, the information submitted 

is claimed to be confidential business 

information (CBI). Information 

submitted under such a claim is 

handled in accordance with EPA’s 

regulations at 40 CFR part 2, subpart B 

and in accordance with EPA 

procedures, including comprehensive 

system security plans (SSPs) that are 

consistent with those regulations. When 

EPA has determined that disclosure of 

information claimed as CBI to 

contractors is necessary, the 

corresponding contract must address the 

appropriate use and handling of the 

information by the contractor and the 

contractor must require its personnel 

who require access to information 

claimed as CBI to sign written nondisclosure agreements before they are 

granted access to data. 

In accordance with 40 CFR 2.301(h), 

we have determined that the 

contractors, subcontractors, and 

grantees (collectively referred to as 

‘‘contractors’’) listed below require 

access to CBI submitted to us under the 

Clean Air Act and in connection with 

the Mandatory Greenhouse Gas (GHG) 

Reporting Rule [40 CFR part 98, 

subparts A (general registration and 

reporting provisions) LL, and MM], as 

well as various OTAQ programs related 

to fuels, vehicles, and engines (40 CFR 

parts 79 and 80) and we are providing 

notice and an opportunity to comment. 

OTAQ collects this data in order to 

monitor compliance with Clean Air Act 

programs and, in many cases, to permit 

regulated parties flexibility in meeting 

regulatory requirements. For example, 

data that may contain CBI is collected 

in order to register fuels and fuel 

additives prior to introduction into 

commerce and to certify engines. 

Certain programs are designed to permit 

regulated parties an opportunity to 

comply on average, or to engage in 

transactions using various types of 

credits. For example, OTAQ collects 

information about batches of gasoline 

that refiners produce in order to ensure 

compliance with reformulated gasoline 

standards. We are issuing this Federal 

Register notice to inform all affected 

submitters of information that we plan 

to grant access to material that may be 

claimed as CBI to the contractors 

identified below on a need-to-know 

basis. 

Under Contract Number EP–C–11– 

007, SRA International, Inc., 4300 Fair 

Lakes Court, Fairfax, VA 22033, and its 

subcontractor, PowerSolv, 1801 Robert 

Fulton Drive, Suite 550, Reston, VA 

20191, provide report processing, 

program support, technical support, and 

information technology services that 

involve access to information claimed as 

CBI related to 40 CFR part 79, 40 CFR 

part 80, and 40 CFR part 98 subparts A, 

LL, and MM. Access to data, including 

information claimed as CBI, will 

commence on November 19, 2012 and 

will continue until December 31, 2015. 

If the contract is extended, this access 

will continue for the remainder of the 

contract without further notice. 

OTAQ utilizes the services of 

enrollees under the Senior 

Environmental Employment (SEE) 

program. SEE enrollees are provided 

through Grant Number CQ–834621, the 

National Association for Hispanic 

Elderly (NAHE), 234 E. Colorado Blvd., 

Suite 300, Pasadena, California 91101. 

Access to data relating to all of OTAQ’s 

programs and to subparts A, LL, and 

MM of the Mandatory GHG Reporting 

Rule, including information claimed as 

CBI, is ongoing and will continue until 

March 16, 2013. If the grant is extended, 

this access will continue for the 

remainder of the grant and any future 

extensions without further notice. 

Parties who wish further information 

about this Federal Register notice or 

about OTAQ’s disclosure of information 

claimed as CBI to contactors may 

contact the person listed under FOR

FURTHER INFORMATION CONTACT. 

List of Subjects 

Environmental protection; 

confidential business information. 

Dated: October 18, 2012. 

Byron J. Bunker, 

Acting Director, Compliance Division, Office 

of Transportation & Air Quality, Office of 

Air and Radiation. 

[FR Doc. 2012–27329 Filed 11–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9750–5] 

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’’), notice is hereby given of a 

proposed consent decree to resolve a 

lawsuit filed by the Environmental 

Integrity Project, Sierra Club, and Texas 

Campaign for the Environment 

(collectively, ‘‘Plaintiffs’’) in the United 

States District Court for the District of 

Columbia: Environmental Integrity 

Project, et al., v. Jackson, No. 1:12–cv– 

00867–RMC (D. D.C.). Plaintiffs filed a 

deadline suit to compel the 

Administrator to respond to an 

administrative petition seeking EPA’s 

objection to a CAA Title V operating 

permit issued by the Texas Commission 

on Environmental Quality to the 

Luminant Generation Company to 

operate the Sandow 5 Generating Plant, 

a power plant located in Milam County, 

Texas. Under the proposed consent 

decree, EPA would agree to respond to 

the petition by January 15, 2013. 

DATES: Written comments on the 

proposed consent decree must be 

received by December 10, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2012–0847 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: 

David Coursen, Office of General 

Counsel (Mail Code 2344A), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone: (202) 564–0781; 

fax number (202) 564–5603; email 

address: coursen.david@epa.gov. 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 217 / Thursday, November 8, 2012 / Notices 66979 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

This proposed consent decree would 

resolve a lawsuit alleging that the 

Administrator failed to perform a 

nondiscretionary duty to grant or deny, 

within 60 days of submission, an 

administrative petition to object to a 

CAA Title V permit issued by the Texas 

Commission on Environmental Quality 

to the Luminant Generation Company to 

operate the Sandow 5 Generating Plant, 

a power plant located in Milam County, 

Texas. Under the proposed consent 

decree, EPA would agree to respond to 

the petition by January 15, 2013. In 

addition, the proposed consent decree 

further states that following signature, 

EPA shall expeditiously deliver notice 

of such action to the Office of the 

Federal Register for publication and, if 

EPA’s response includes the granting of 

any portion of the petition in whole or 

in part, EPA shall promptly transmit the 

response to the Texas Commission on 

Environmental Quality. Plaintiffs and 

EPA agree that this Consent Decree shall 

constitute a complete and final 

settlement of all claims that Plaintiffs 

have asserted against the United States, 

including EPA, under any provision of 

law in connection with Environmental 

Integrity Project, et al. v. Jackson, Case 

No. 12–cv–00867 (D.D.C.), except as 

provided in Paragraph 4 of the proposed 

Consent Decree, addressing any claim 

for costs of litigation. 

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 consent decree 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–2012–0847) 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 

www.regulations.gov. You may use the 

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. 

Lorie J. Schmidt, 

Associate General Counsel. 

[FR Doc. 2012–27320 Filed 11–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL 9750–7; CERCLA–04–2010–3768] 

Ellis Road/American Electric 

Corporation, Jacksonville, Duval 

County, FL, Notice of Settlement 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of settlement. 

SUMMARY: Under the Comprehensive 

Environmental Response, Compensation 

and Liability Act (CERCLA), the United 

States Environmental Protection Agency 

has entered into a settlement to conduct 

sampling, perform a clean-up and 

compromise cost with over 80 settling 

parties at the Ellis Road/American 

Electric Corporation Superfund Site 

located in Jacksonville, Duval County, 

Florida. 

DATES: The Agency will consider public 

comments on the settlement until 

December 10, 2012. The Agency will 

consider all comments received and 

may modify or withdraw its consent to 

the settlement if comments received 


tkelley on DSK3SPTVN1PROD with NOTICES