Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Notices 42085 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9176–8] 

Workshop To Review Initial Health 

Effects Draft Materials for the Ozone 

(O3) Integrated Science Assessment 

(ISA) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of workshop. 

SUMMARY: As part of the review of the 

air quality criteria and National 

Ambient Air Quality Standard (NAAQS) 

for Ozone (O3), EPA is announcing that 

a workshop to evaluate initial draft 

materials for the health effects sections 

of the O3 Integrated Science Assessment 

(ISA) is being organized by EPA’s 

National Center for Environmental 

Assessment (NCEA) within the Office of 

Research and Development (ORD). The 

workshop will be held on August 6, 

2010, in Research Triangle Park, NC, 

and will be open to attendance by 

interested public observers on a firstcome, first-served basis up to the limits 

of available space. 

DATES: The workshop will be held on 

August 6, 2010. 

ADDRESSES: The workshop will be held 

in the auditorium of EPA’s main 

campus, 109 T.W. Alexander Drive, 

Research Triangle Park, NC. An EPA 

contractor, Versar, is providing 

logistical support for the workshop. 

FOR FURTHER INFORMATION CONTACT: 

Questions regarding information, 

registration, and logistics for the 

workshop should be directed to 

Bethzaida Colon, Versar, Inc., 

Conference Coordinator, 6850 Versar 

Center, Springfield, VA 22151, 

telephone: 703–642–6727; facsimile: 

703–642–6809; e-mail: 

BColon@versar.com. Questions 

regarding the scientific and technical 

aspects of the workshop should be 

directed to Dr. James Brown, telephone: 

919–541–0765; facsimile: 919–541– 

1818; e-mail: brown.james@epa.gov or 

Dr. Lisa Vinikoor, telephone: 919–541– 

2931; facsimile: 919–541–5078; e-mail: 

vinikoor.lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of Information About the 

Workshop 

Section 109(d) of the Clean Air Act 

requires the U.S. Environmental 

Protection Agency (EPA) to conduct 

periodic reviews of the air quality 

criteria for each air pollutant listed 

under section 108 of the Act. Based on 

such review, EPA is to retain or revise 

the NAAQS for a given pollutant as 

appropriate. As part of these reviews, 

NCEA assesses newly available 

scientific information and develops ISA 

documents (formerly known as Criteria 

Documents) that provide the scientific 

basis for the reviews of the NAAQS for 

O3, particulate matter, carbon 

monoxide, nitrogen oxides, sulfur 

oxides, and lead. Based on the 

information in the ISA, EPA’s Office of 

Air Quality Planning and Standards 

(OAQPS) typically conducts 

quantitative and qualitative risk and 

exposure assessments. The ISA and the 

risk/exposure assessments are used to 

prepare a policy assessment that 

informs subsequent rulemaking actions. 

NCEA–RTP is holding this workshop 

to inform the Agency’s evaluation of the 

scientific evidence for the review of the 

NAAQS for O3. The purpose of the 

workshop is to obtain a review of the 

scientific content of initial draft 

materials or sections for the draft ISA. 

Workshop sessions will include a 

review and discussion of initial draft 

sections on the health effects evidence 

from in vivo and in vitro animal 

toxicology, human clinical, and 

epidemiology studies. In addition, 

roundtable discussions will help 

identify key studies or concepts within 

each discipline to assist EPA in 

integrating within and across 

disciplines. This workshop is planned 

to help ensure that the ISA is up-to-date 

and focuses on the key evidence to 

inform the scientific understanding for 

the review of the NAAQS for O3. EPA 

is planning to release the first external 

review draft ISA for O3 for review by the 

Clean Air Scientific Advisory 

Committee (CASAC) and the public in 

November 2010. 

II. Workshop Information 

Members of the public may attend the 

workshop as observers. Space is limited, 

and reservations will be accepted on a 

first-come, first-served basis. 

Dated: July 14, 2010. 

Rebecca Clark, 

Acting Director, National Center for 

Environmental Assessment. 

[FR Doc. 2010–17684 Filed 7–19–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9176–9] 

Proposed Settlement Agreements, 

Clean Air Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Proposed Settlement 

Agreements; Request for Public 

Comment 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘CAA’’ or the ‘‘Act’’), 42 U.S.C. 7413(g), 

notice is hereby given of six proposed 

settlement agreements to address 

lawsuits filed by the American 

Chemistry Council, the American Public 

Gas Association, the American 

Petroleum Institute, et al., the Energy 

Recovery Council, the Fertilizer 

Institute, and the Utility Air Regulatory 

Group (collectively ‘‘Petitioners’’) in the 

United States Court of Appeals for the 

District of Columbia: American 

Chemistry Council v. EPA, No. 09–1325 

(D.C. Cir.) and consolidated cases. 

Petitioners filed petitions for review of 

EPA’s final rule entitled ‘‘Mandatory 

Reporting of Greenhouse Gases’’, 

published at 75 FR 56,260 (October 30, 

2009). Under the terms of the proposed 

settlement agreements, Petitioners 

would dismiss their claims if EPA 

proposes and, after notice and comment, 

takes final action on certain revisions to 

the final rule. 

DATES: Written comments on the 

proposed settlement agreements must be 

received by August 19, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2010–0575, 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: 

Carol Holmes, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–8709; fax number (202) 564–5603; 

email address:holmes.carol@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement Agreements 

On September 22, 2009, EPA finalized 

the first comprehensive reporting 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
42086 Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Notices 

program for greenhouse gases (‘‘GHGs’’) 

under the Clean Air Act (‘‘CAA’’ or ‘‘the 

Act’’). 75 FR 56,260 (October 30, 2009) 

(‘‘2009 Final GHG Reporting Rule’’). The 

2009 Final GHG Reporting Rule requires 

reporting of greenhouse gas emissions 

from large sources and suppliers in the 

United States, and is intended to collect 

accurate and timely emissions data to 

inform future policy decisions. Under 

the rule, suppliers of fossil fuels or 

industrial greenhouse gases, 

manufacturers of vehicles and engines, 

and facilities that emit 25,000 metric 

tons or more per year of GHG emissions 

are required to submit annual reports to 

EPA. The rule became effective 

December 29, 2009. 

Eight petitions for review were filed 

in the DC Circuit challenging the 2009 

Final GHG Reporting Rule: American 

Chemistry Council (09–1325); Energy 

Recovery Council (09–1326); American 

Petroleum Institute and National 

Petroleum Refiners Association (09– 

1328); The Fertilizer Institute (09–1329); 

American Public Gas Association (09– 

1331); Kinder Morgan CO2 Co., LP (09– 

1332); Utility Air Regulatory Group (09– 

1333); and Environmental Defense Fund 

(09–1334). Five petitioners or groups of 

petitioners also filed petitions for 

reconsideration of the 2009 Final GHG 

Reporting Rule (American Public Gas 

Association; American Petroleum 

Institute, et al.; the Energy Recovery 

Council; the Utility Air Regulatory 

Group; and the Environmental Defense 

Fund). Both the petitions for review in 

the DC Circuit, and the petitions for 

reconsideration, raise issues with the 

final requirements of the 2009 Final 

GHG Reporting Rule. Upon EPA’s 

motion, on February 22, 2010, the court 

issued an order holding the 

consolidated cases in abeyance pending 

EPA’s consideration of the petitions for 

reconsideration and the parties’ 

settlement discussions. 

Under the proposed settlement 

agreements being noticed today, five 

petitions for review would be dismissed 

in their entirety, and one dismissed in 

part, if EPA proposes and finalizes 

certain revisions to the 2009 Final GHG 

Reporting Rule. The administrative 

petitions filed by the settling parties 

also would be deemed withdrawn under 

the terms of the proposed settlement 

agreements. Two petitions for review— 

that of the Environmental Defense Fund 

and that of Kinder Morgan CO2 Co., 

LP—would not be settled at this time. 

Rather, these petitions would continue 

to be held in abeyance, pending further 

settlement discussions or action by EPA 

that renders the petition(s) moot. 

Pursuant to the proposed settlement 

agreements, EPA would be proposing 

and taking final action on four primary 

categories of changes to the 2009 Final 

GHG Reporting Rule: (1) Revising the 

applicability threshold for one source 

category; (2) revising the threshold for 

more stringent monitoring for one type 

of combustion source; (3) providing an 

option to request the continued use of 

best available monitoring methods until 

2015 if, at a complex facility, a 

shutdown or hot tap is required to 

install measurement equipment; and (4) 

generally revising monitoring, 

recordkeeping and reporting 

requirements in various subparts. 

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 agreements 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 agreements 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, 

based on any comment submitted, that 

consent to these settlement agreements 

should be withdrawn, the terms of the 

agreements will be affirmed. 

II. Additional Information About 

Commenting on the Proposed 

Settlement Agreements 

A. How can I get a copy of the 

settlement agreements? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2010–0575) contains 

copies of the proposed settlement 

agreements. 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 on 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 

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, e-mail address, 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Notices 42087 

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: July 14, 2010. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. 2010–17700 Filed 7–19–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9176–3] 

Science Advisory Board Staff Office; 

Request for Nominations of Experts for 

the SAB Hydraulic Fracturing Review 

Panel 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA Science Advisory 

Board (SAB) Staff Office is requesting 

public nominations for technical experts 

to form an SAB Ad Hoc Panel to review 

EPA’s draft Hydraulic Fracturing Study 

Plan to investigate the potential public 

health and environmental protection 

research issues that may be associated 

with hydraulic fracturing. 

DATES: Nominations should be 

submitted by August 10, 2010 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, 

by fax at (202) 565–2098, 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. Any inquiry regarding EPA’s 

planned research approaches to study 

the potential public health and 

environmental protection issues that 

may be associated with hydraulic 

fracturing should be directed to Robert 

Puls, EPA Office of Research and 

Development (ORD), at 

Puls.Robert@epa.gov or (580) 436–8543. 

Media inquiries regarding EPA’s draft 

Hydraulic Fracturing Study Plan should 

be directed to Enesta Jones, EPA Office 

of Public Affairs (OPA), at 

jones.enesta@epa.gov or (202) 564– 

7873. 

SUPPLEMENTARY INFORMATION: 

Background 

The SAB (42 U.S.C. 4365) is a 

chartered Federal Advisory Committee 

that provides independent scientific and 

technical peer review, advice, 

consultation, and recommendations to 

the EPA Administrator on the technical 

basis for EPA actions. As a Federal 

Advisory Committee, the SAB conducts 

business in accordance with the Federal 

Advisory Committee Act (FACA) (5 

U.S.C. App. 2) and related regulations. 

The SAB will comply with the 

provisions of FACA and all appropriate 

SAB Staff Office procedural policies. 

Hydraulic fracturing (or 

hydrofracking) generates vertical and 

horizontal fractures in underground 

geologic formations to facilitate 

extraction of gas (or oil) from the 

subsurface. While each formation has 

unique characteristics and features, the 

general process involves drilling a 

vertical well, extending the well bore 

horizontally into the formation, 

removing water, injecting hydrofracking 

fluids and then extracting the natural 

gas along with separation and 

management of fluids. Over the past few 

years, the use of hydraulic fracturing 

has increased. At the same time, 

concern has been expressed by the 

public regarding the potential 

environmental impacts of hydraulic 

fracturing. In the Congressional 

Appropriations Conference Report for 

Fiscal Year 2010, the conferees 

urge[d] the Agency to carry out a study on 

the relationship between hydraulic fracturing 

and drinking water, using a credible 

approach that relies on the best available 

science, as well as independent sources of 

information. The conferees expect the study 

to be conducted through a transparent, peerreviewed process that will ensure the validity 

and accuracy of the data. The Agency shall 

consult with other Federal agencies as well 

as appropriate State and interstate regulatory 

agencies in carrying out the study, which 

should be prepared in accordance with the 

Agency’s quality assurance principles. 

To respond to concerns that have 

been voiced by the public, and to meet 

the Congressional request, EPA is 

initiating a study on the potential 

environmental and human health 

implications of HF with special 

emphasis on the relationship between 

hydraulic fracturing and drinking water 

resources. At a public face-to-face 

meeting of the SAB Environmental 

Engineering Committee (EEC) on April 

7–8, 2010, the SAB EEC augmented with 

other SAB members evaluated and 

commented on EPA’s proposed scope of 

study and key research questions 

regarding the potential public health 

and environmental protection issues 

that may be associated with hydraulic 

fracturing [Federal Register Notice 

dated March 18, 2010 (75 FR 13125)]. 

On June 24, 2010 the SAB provided the 

EPA Administrator with an advisory 

report that included recommendations 

of the EEC, Advisory on EPA’s Research 

Scoping Document Related to Hydraulic 

Fracturing, EPA–SAB–10–009. 

EPA’s next step is to develop a draft 

Study Plan for its hydraulic fracturing 

research. EPA has requested that the 

SAB review its draft Study Plan. The 

SAB Staff Office will form a new expert 

Panel to review EPA’s draft Study Plan 

and review the Study results if SAB is 

requested to do so by ORD. The new, ad 

hoc panel is being formed to include 

expertise focused on the specific 

directions of the ORD research. 

Request for Nominations 

The SAB Staff Office is seeking 

nominations of nationally and 

internationally recognized scientists and 

engineers having experience and 

expertise in the following areas: 

petroleum (including natural gas) 

engineering and petroleum geology, 

particularly with experience in 

hydraulic fracturing and well testing 

mechanical integrity; hydrology and 

hydrogeology; geophysics; water 

quality; chemistry and geochemistry, 

particularly with experience in 

chemical fate and transport, oxidationreduction reactions, gas-liquid 

exchange, and solubility; analytical 

chemistry, particularly regarding trace 

organics and environmental monitoring; 

statistics, particularly regarding 

experimental design of field studies; 

human health effects and risk 

assessment; civil and environmental 

engineering; chemical engineering; 

drinking water treatment systems; 

wastewater treatment systems; and 

social, behavioral, and decision 

sciences. 

Process and Deadline for Submitting 

Nominations 

Any interested person or organization 

may nominate qualified individuals in 

the areas of expertise described above 

for possible service on this expert ad 

hoc Panel. Nominations should be 

submitted in electronic format (which is 

preferred over hard copy) following the 

instructions for ‘‘Nominating Experts to 

Advisory Panels and Ad Hoc 

Committees Being Formed’’ provided on 

the SAB Web site. The instructions can 

be accessed through the ‘‘Nomination of 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1