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Citation: 76 Fed. Reg. 54465 2011

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-- The search text of this PDF is generated from uncorrected OCR text.Federal Register/Vol. 76, No. 170/Thursday, September 1, 2011/Notices

orother contact information unless you provide itin the body ofyour comment. In contrast to EPA's electronic public docket, EPA's electronic mail (e-mail) system is not an "anonymous access" system. Ifyou send an e-mail comment directly tothe Docket without going through http://www.regulations.gov, your e-mail address is automatically captured and included as part ofthe
comment that isplaced in the official public docket, and made available in EPA's electronic public docket.

Dated: August 26, 2011. Patricia Embrey, ActingAssociateGeneralCounsel.
[FRDoe. 2011-22429 Filed 8-31-11; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY [FRL-9458-3]
Proposed Settlement Agreement, Clean AirActCitizen Suit

AGENCY: Environmental Protection Agency (EPA). ACTION: Notice ofproposed settlement agreement; request for public comment.

SUMMARY: In accordance with section 113(g) ofthe Clean Air Act, as amended ("CAA" or the "Act"), notice ishereby given ofa proposed settlement agreement to address a lawsuitfiled by Sierra Club and WildEarth Guardians in the United States DistrictCourt for the Northern District ofCalifornia: Sierra Clubeta]. v.Jackson,No. 3:10-cv04060-CRB (N.D. Cal.). On August 10, 2011, Plaintiffs filed a second amended complaint alleging thatEPA failed to perform a duty mandated by CAA section 110(c)(1), topromulgate Federal Implementation Plans ("FIPs") within twenty-four (24) months after issuing a finding offailure to submit State Implementation Plans ("SIPs") meeting applicable requirements ofCAA section 110(a)(2), for NorthDakota, Hawaii, Alaska, Idaho, Oregon, Washington, Maryland, Virginia, Arkansas, Arizona, Florida and Georgia with regard tothe 1997 8-hour ozone National Ambient Air Quality Standards ("NAAQS"). In addition, Plaintiffs also alleged thatEPA failed to perform a duty mandated by CAA section 110(k)(2), totake final action on the SIP submittals orportions ofsubmittals meeting applicable requirements ofCAA section 110(a)(2), submitted by Maryland, Virginia, Arkansas, Oklahoma, Florida, Georgia, Nevada, North Carolina, Tennessee, and Arizona with regard tothe 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 totake action, as appropriate, on a petition for rulemaking filedbythe Sierra Club on an issue related to existing SIP provisions.

DATES: Written comments on the proposed settlement agreement mustbe received by October 3, 2011.
ADDRESSES: Submit your comments, identified by Docket ID number EPAHQ-OGC-2011-0722, online athttp:// www.regulations.gov(EPA's preferred method); by e-mail to oei.docket@epa.gov;bymail to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; orby hand delivery or courier to EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC, between 8:30 a.m. and 4:30p.m. Monday through Friday, excluding legal holidays. Comments on a disk or CDROM should be formatted inWord or ASCII file, avoiding the use of special characters and any form ofencryption, and may be mailed to the mailing address above.

FOR FURTHER INFORMATION CONTACT: Geoffrey L. Wilcox, Air and Radiation Law Office (2344A), Office ofGeneral 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 InformationAboutthe 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 topromulgate 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 ofsection 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 Administratorto take final action pursuant to CAA section 110(k)(2), on the SIP submittals or portions of submittals addressing the applicable requirements ofsection 110(a)(2), for Maryland, Virginia, Arkansas, Oklahoma, Florida, Georgia, Nevada, North Carolina, Tennessee, and Arizona with regard tothe 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 ofthese duties, depending upon the state in question andthe element or elements ofsection 110(a)(2) at issue. No later than 15 business days following signature on each notice related to a proposed or final action specified inthe proposed settlement agreement, EPA isrequired
to send the notice to the Office ofthe Federal Register for review and publication in the Federal Register. After EPA fulfills all ofits obligations under the agreement to take actions required by section 110(c) or section 110(k) with respect to the various elements ofsection 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 torespond to

apetition 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 andEPA'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. IfEPA 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 ofthirty (30) days following the date ofpublication ofthis 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 ofJustice may withdraw or withhold consent tothe proposed settlement agreement ifthe
comments disclose facts or considerations that indicate that such
consent isinappropriate, improper, inadequate, or inconsistent with the requirements ofthe Act. Unless EPA or the Department ofJustice determines that consent to this settlement agreement should be withdrawn, the
terms ofthe agreement willbe affirmed. 

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II. Additional InformationAbout Commenting on theProposed Settlement Agreement

A. Howcan Igetacopy ofthe settlementagreement?

The official public docket for this action (identifiedby DocketID No. EPA-HQ-OGC-2011-0722) contains a copy ofthe proposed settlement agreement. The official public docket is available for publicviewing at the Office ofEnvironmental Information (OEI)Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA DocketCenter 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 ofthe public docketis available through http:// www.regulations.gov.You mayuse http://www.regulations.gov to submit or view public comments, access the index listing ofthe contents ofthe 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 isimportant to note that EPA's policy isthat public comments, whether submitted electronically or in paper, will be made available for public viewing online athttp:// 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 onlyin printed, paper form in the official public docket. Although not all docket materials maybe available electronically, you may still access any ofthe publicly available docket materials through the EPA Docket Center.

B. How andto whom doIsubmit comments?

You may submit comments as provided in the ADDRESSES section. Please ensure thatyour comments are submitted within the specified comment period. Comments received after the close ofthe commentperiod will be marked "late." EPA is notrequired to consider these late comments.

Ifyou submit an electronic comment, EPA recommends thatyou includeyour name, mailing address, and an e-mail address or other contact information in the body ofyour comment and with any disk or CD ROM you submit. This

ensures thatyou canbe identified as the submitter ofthe 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 ofyour comment. Any identifying or contact information provided in thebody ofa comment will be included as part ofthe comment that is placed in the official public docket, and made available in EPA's electronic public docket. IfEPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may notbe able to consider your comment.

Use ofthe 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 youridentity, e-mail address,

or other contact information unless you provide itin thebody ofyour comment. In contrast toEPA's electronic public docket, EPA's electronic mail (e-mail) system is not an "anonymous access" system. Ifyou send an e-mail comment directly to the Docket withoutgoing through http://www.regulations.gov,
your e-mail address is automatically captured and included as part ofthe
comment that isplaced in the official public docket, and made available in EPA's electronic public docket.

Dated: August 26, 2011. Patricia Embrey, Acting,AssociateGeneralCounsel.

[FRDoe. 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 AdvisoryBoard'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 oftechnical experts to serve on an expert panel under the auspices ofthe SAB to conduct apeer review ofEPA's development ofair 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 ofthe 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,

orvia e-mail athanlon.edward@epa.gov.

General information concerning the EPA Science Advisory Board canbe 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 ofEPA's Office ofAir Quality Planning and Standards by phone at (919) 541-5433, or via e-mail
atelmore.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 toprovide independent scientific and technical advice to theEPA Administrator on the technical basis for EPA actions. The EPA's Office ofAir 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 ofavoluntary air compliance consent agreement signed in 2005between EPA and nearly 14,000 broiler, dairy, egg layer, and swine AFO operations. The goals ofthe agreement

are to reduce airpollution, monitor AFO emissions, promote a national

consensus on methodologies for estimating emissions from AFOs, and

ensure compliance with the requirements ofthe 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 ofthe agreement, EPA is charged with developing EEMs forbroiler, dairy, egg layer, and swine AFO sectors. EPA has requested the SAB to provide advice on 

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