+(,121/,1(

Citation: 76 Fed. Reg. 54465 2011 

Content downloaded/printed from 

HeinOnline (http://heinonline.org)

Tue Apr 10 15:55:41 2012

-- Your use of this HeinOnline PDF indicates your acceptance

 of HeinOnline's Terms and Conditions of the license

 agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from 

 uncorrected OCR text.
Federal Register/Vol. 76, No. 170/Thursday, September 1, 2011/Notices

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 Doe. 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 a]. v. Jackson, No. 3:10-cv04060-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 EPAHQ-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 CDROM 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.

54465

HeinOnline -- 76 Fed. Reg. 54465 2011
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 Doe. 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

54466

HeinOnline -- 76 Fed. Reg. 54466 2011