23560 Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Notices 

7. EPA File Symbol: 100–RUTU. 

Docket ID Number: EPA–HQ–OPP– 

2013–0141. Applicant: Syngenta Crop 

Protection LLC., P.O. Box 18300, 

Greensboro, NC 27419–8300. Active 

ingredient: Benzovindiflupyr and 

Azoxystrobin. Product Type: Fungicide. 

Proposed Use: Turf. Contact: Shaunta 

Hill, (RD), (703) 347–8961, email 

address: hill.shaunta@epa.gov. 

8. EPA File Symbol: 100–RUTO. 

Docket ID Number: EPA–HQ–OPP– 

2013–0141. Applicant: Syngenta Crop 

Protection LLC., P.O. Box 18300, 

Greensboro, NC 27419–8300. Active 

ingredient: Benzovindiflupyr and 

Azoxystrobin. Product Type: Fungicide. 

Proposed Use: Ornamentals. Contact: 

Shaunta Hill, (RD), (703) 347–8961, 

email address: hill.shaunta@epa.gov. 

9. EPA File Symbol: 100–RUTL. 

Docket ID Number: EPA–HQ–OPP– 

2013–0141. Applicant: Syngenta Crop 

Protection LLC., P.O. Box 18300, 

Greensboro, NC 27419–8300. Active 

ingredient: Benzovindiflupyr and 

Propiconazole. Product Type: 

Fungicide. Proposed Use: Terrestrial 

food crops. Contact: Shaunta Hill, (RD), 

(703) 347–8961, email address: 

hill.shaunta@epa.gov. 

10. EPA File Symbol: 264–RRAU. 

Docket ID Number: EPA–HQ–OPP– 

2013–0160. Applicant: Bayer 

CropScience LP, P.O. Box 12014, 2 T.W. 

Alexander Drive, Research Triangle 

Park, NC 27709. Active ingredient: 

Streptomyces microflavus strain AQ 

6121. Product Type: e.g., Insecticide/ 

Miticide. Proposed Uses: Terrestrial 

food crops. Contact: Michael Glikes, 

(BPPD), (703) 305–6231, email address: 

glikes.michael@epa.gov. 

11. EPA File Symbols: 10163–GET 

and 10163–GEI. Docket ID Number: 

EPA–HQ–OPP–2013–0186. Applicant: 

Gowan Company, P.O. Box 5569, Yuma, 

AZ 85366. Active ingredient: 

Benzobicyclon. Product Type: 

Herbicide. Proposed Uses: For use only 

in California: Post-flooding rice paddy 

fields. Contact: Emily Hartman, (RD), 

(703) 347–0189, email address: 

hartman.emily@epa.gov. 

12. EPA File Symbols: 71512–ER, 

71512–EE, and 71512–EG. Docket ID 

Number: EPA–HQ–OPP–2013–0138. 

Applicant: ISK Biosciences, 7470 

Auburn Road, Suite A, Concord, OH 

44077. Active Ingredient: Isofetamid. 

Product Type: Fungicide. Proposed Use: 

Almonds; Lettuce (head and leaf); Small 

Fruit Vine Climbing, Subgroup 13–07F; 

Low growing Berry, Subgroup 13–07G; 

and Rapeseed, Subgroup 20A. Contact: 

Dominic Schuler, (RD), (703) 347–0260, 

email address: 

schuler.dominic@epa.gov. 

13. EPA File Symbol: 87978–R. Docket 

ID Number: EPA–HQ–OPP–2013–0099. 

Applicant: AgBiTech Pty. Ltd., 8 Rocla 

Court, Glenvale, Queensland, Australia, 

4350, c/o MacIntosh Associates, Inc., 

1203 Hartford Avenue, Saint Paul, MN 

55116. Active Ingredient: Helicoverpa 

zea Nucleopolyhedrovirus. Product 

Type: Insecticide. Proposed Use: 

Agriculture (outdoors). Contact: Michael 

Glikes, (BPPD), (703) 305–6231, email 

address: glikes.michael@epa.gov. 

14. EPA File Symbol: 88347–G. 

Docket ID Number: EPA–HQ–OPP– 

2011–0862. Applicant: Phyllom LLC, 

922 San Leandro Ave., Suite F, 

Mountain View, CA 94043. Active 

Ingredient: Bacillus thuringiensis subsp. 

galleriae strain SDS–502 at 85.0%. 

Proposed Use: For control of certain 

beetle pests, including those in the 

families Buprestidae, Scarabaeidae, and 

Curculionidae, on ornamentals and 

select crops for food and animal feed 

uses in poultry premises. Contact: 

Jeannine Kausch, (BPPD), (703) 347– 

8920, email address: 

kausch.jeannine@epa.gov. Note: In the 

Federal Register of February 29, 2012 

(77 FR 12295)(FRL–9332–8), EPA 

announced receipt of two other 

applications to register pesticide 

products containing this new active 

ingredient. 

List of Subjects 

Environmental protection, Pesticides 

and pest. 

Dated: April 12, 2013. 

Daniel J. Rosenblatt, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

[FR Doc. 2013–09275 Filed 4–18–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9803–7] 

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 the Clean 

Air Act, as amended (‘‘CAA’’), notice is 

hereby given of a proposed consent 

decree to resolve a lawsuit filed by the 

Center for Biological Diversity and the 

Center for Environmental Health 

(‘‘Plaintiffs’’) in the United States 

District Court for the Northern District 

of California: Center for Biological 

Diversity, et al. v. Jackson, No. C–12– 

04968 JWT (N.D. CA.). On September 

24, 2012, Plaintiffs filed a complaint 

alleging that EPA failed to make a 

finding of failure to submit 

infrastructure state implementation 

plans (SIPs) for Colorado, Hawaii, 

Illinois, Maryland, Massachusetts, New 

Jersey, Oklahoma, Oregon, 

Pennsylvania, South Dakota, Vermont, 

and Washington with regard to the 2008 

lead National Ambient Air Quality 

Standard (2008 lead NAAQS) by the 

statutory deadline established by CAA. 

Plaintiffs’ complaint also alleged that 

EPA failed to take final action on the 

infrastructure SIP submitted by 

Tennessee with regard to the 2008 Lead 

NAAQs by the statutory deadline 

established by CAA. In addition, the 

complaint alleges that EPA failed to 

determine whether the Herculaneum 

nonattainment area, in Jefferson County, 

Missouri attained the 1978 lead 

National Ambient Air Quality Standard 

(1978 lead NAAQS) by its attainment 

date as mandated by CAA. The 

proposed consent decree establishes a 

deadline of August 15, 2013 for EPA to 

take action with respect to the 

Tennessee infrastructure SIP and the 

Herculaneum nonattainment area. 

DATES: Written comments on the 

proposed consent decree must be 

received by May 20, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2013–0236, online at 

www.regulations.gov (EPA’s preferred 

method); by email to 

oei.docket@epa.gov; mailed 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 Orlin, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone: (202) 

564–1222; fax number (202) 564–5601; 

email address: orlin.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Notices 23561 

I. Additional Information About the 

Proposed Consent Decree 

The proposed consent decree would 

resolve a lawsuit filed by Plaintiffs 

seeking to compel the Agency to satisfy 

certain mandatory duties under the 

Clean Air Act. The proposed consent 

decree provides that no later than 

August 15, 2013, EPA shall sign for 

publication in the Federal Register a 

notice of EPA’s action approving, 

disapproving, or approving in part and 

disapproving in part the infrastructure 

SIP for the 2008 lead NAAQS submitted 

by Tennessee. In addition, the proposed 

consent decree provides that no later 

than August 15, 2013, EPA shall sign for 

publication in the Federal Register a 

notice of EPA’s determination whether 

the Herculaneum nonattainment area, in 

Jefferson County, Missouri attained the 

1978 lead NAAQS by its attainment 

date, unless as of that date, EPA issues 

a determination that it has received 

from Missouri a nonattainment area SIP 

for the 2008 lead NAAQS for the 

Herculaneum nonattainment area which 

meets the requirements of 40 CFR 

51.103(a) or EPA signs for publication in 

the Federal Register a notice finding 

that Missouri has failed to submit a 

complete nonattainment area SIP for the 

2008 lead NAAQS for the Herculaneum 

nonattainment area. The proposed 

consent decree also notes that on 

February 15, 2013, EPA signed a notice 

making certain findings that the States 

of Hawaii, Illinois, Massachusetts, New 

Jersey, Oregon, Vermont and 

Washington had failed to submit 

complete infrastructure SIPs for the 

2008 lead NAAQS, and noted that as of 

February 14, 2013, Colorado, Maryland, 

Oklahoma, Pennsylvania, and South 

Dakota had submitted complete 

infrastructure SIPs for the 2008 lead 

NAAQS. 

Following signature of each final 

action described in the proposed 

consent decree, EPA shall promptly 

deliver notice of such action to the 

Office of the Federal Register for review 

and publication in the Federal Register. 

After EPA fulfills its obligations under 

the consent decree, the consent decree 

provides that this case shall be 

dismissed with prejudice. 

The proposed consent decree also 

states that that the consent decree can 

be modified by the parties, or by the 

court following a motion by a party and 

a response thereto. In addition, the 

parties agree to seek to resolve 

informally Plaintiffs’ claim for litigation 

costs pursuant to 42 U.S.C. 7604(d), but 

the court would retain jurisdiction to 

resolve that claim. 

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 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- 2013–0236) 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. 

Dated: April 8, 2013. 

Lorie J. Schmidt, 

Associate General Counsel. 

[FR Doc. 2013–09292 Filed 4–18–13; 8:45 am] 

BILLING CODE 6560–50–P 

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