### 24945 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices

the criteria and procedures for determining whether or not they do conform. Conformity to a State Implementation Plan (SIP) means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the national ambient air quality standards.

The criteria by which we determine whether a SIP’s MVEBs are adequate for transportation conformity purposes are outlined in 40 CFR 93.118(e)(4). We have described our process for determining the adequacy of submitted SIP budgets in our July 1, 2004, preamble starting at 69 FR 40038, and
we used the information in these resources while making our adequacy
determination. Please note that an adequacy review is separate from EPA’s completeness review, and it also should not be used to prejudge EPA’s ultimate approval of the SIP. Even if we find a budget adequate, the SIP could later be disapproved.

The finding and the response to
comments are available at EPA’s transportation conformity Web site: http://www.epa.gov/otaq/ stateresources/transconf/adequacy.htm.

Authority: 42 U.S.C. 7401–7671 q.

Dated: April 26, 2010.
Margaret Guerriero, Acting Regional Administrator, Region 5.

[FR Doc. 2010–10684 Filed 5–5–10; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[EPA–HQ–OECA–2009–0395; FRL–9145–2]**

**Agency Information Collection Activities; Submission to OMB for**  **Review and Approval; Comment Request; NESHAP for Mineral Wool**  **Production (Renewal), EPA ICR Number 1799.05, OMB Control Number** 

**2060–0362**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice.

**SUMMARY :**  In compliance with the Paperwork Reduction Act (44 U.S.C.

3501 et seq. ), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved
collection. The ICR which is abstracted
below describes the nature of the
collection and the estimated burden and

cost. **DATES :**  Additional comments may be submitted on or before June 7, 2010.

**ADDRESSES :**  Submit your comments, referencing docket ID number EPA–HQ– OECA–2009–0395 to (1) EPA online using www.regulations.gov (our preferred method), or by e-mail to docket.oeca@epa.gov, or by mail to: EPA Docket Center (EPA/DC), Environmental Protection Agency, Enforcement and Compliance Docket and Information Center, mail code 28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2) OMB at: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

**FOR FURTHER INFORMATION CONTACT :**  Learia Williams, Compliance Assessment and Media Programs Division, Office of Compliance, Mail Code 2223A, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone
number: (202) 564–4113; fax number: (202) 564–0050; e-mail address: williams.learia@epa.gov.

**SUPPLEMENTARY INFORMATION :**  EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On July 8, 2009 (74 FR 32581), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional comments on
this ICR should be submitted to EPA and OMB within 30 days of this notice.

EPA has established a public docket
for this ICR under docket ID number EPA–HQ–OECA–2009–0395, which is available for public viewing online at http://www.regulations.gov, in person viewing at the Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, 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 Reading Room is (202) 566–1744, and the telephone number for the Enforcement and Compliance Docket is (202) 566–1752.

Use EPA’s electronic docket and comment system at http:// www.regulations.gov, to submit or view public comments, access the index listing of the contents of the docket, and
to access those documents in the docket that are available electronically. Once in the system, select ‘‘ docket search, ’’ then key in the docket ID number identified above. Please note that EPA’s policy is that public comments, whether submitted electronically or in paper will be made available for public viewing at http://www.regulations.gov, as EPA receives them and without change,
unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to http://www.regulations.gov.

Title: NESHAP for Mineral Wool Production (Renewal).

ICR Numbers: EPA ICR Number 1799.05, OMB Control Number 2060–

0362.

ICR Status: This ICR is scheduled to expire on June 30, 2010. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of
information while this submission is pending at OMB. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR part 9, and displayed either by publication in
the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9.

Abstract: The National Emission
Standards for Hazardous Air Pollutants (NESHAP) for Mineral Wool Production (40 CFR part 63, subpart DDD) were proposed on May 8, 1997, and promulgated on June 1, 1999. Owners/ operators of mineral wool production plants are required to install fabric filter bag leak detection systems and then initiate corrective action procedures in the event of an operating problem. Owners/operators subject to NESHAP subpart DDD must also continuously monitor and record: (1) The operating temperature of each thermal incinerator; (2) cupola production (melt) rate; and (3) for each curing oven, the formaldehyde content of each binder
formulation used to manufacture bonded products.

Owners/operators of affected mineral wool production facility must submit initial notifications (where applicable), performance test and periodic reports. Owners or operators are also required to
maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Semiannual reports are also required. These notifications, reports,


### 24946 Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices

and records are essential in determining compliance; and are required, in general, of all sources subject to

NESHAP.

Any owner or operator subject to the provisions of this part shall maintain a file of these measurements, and retain the records for at least five years following the date of such
measurements and records. These notifications, reports, and records are essential in determining compliance; and are required, in general, of all sources subject to NESHAP.

All reports are sent to the delegated state or local authority. In the event that there is no such delegated authority, the reports are sent directly to the EPA regional office. This information is being collected to assure compliance with 40 CFR part 63, subpart DDD, as authorized in sections 112 and 114(a) of the Clean Air Act. The required
information consists of emissions data
and other information that have been determined to be private.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB
Control Number. The OMB Control Number for EPA regulations listed in 40 CFR part 9 and 48 CFR chapter 15, are
identified on the form and/or instrument, if applicable.

Burden Statement: The annual public reporting and recordkeeping burden for this collection of information, estimated to average 132 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose, and provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information. All existing ways will have to adjust to comply with any previously applicable instructions and requirements that have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise
disclose the information.

Respondents/Affected Entities: Mineral wool production.

Estimated Number of Respondents: 6. Frequency of Response: Initially, and semiannually.

Estimated Total Annual Hour Burden:

1,581.

Estimated Total Annual Cost: $153,169, which includes $148,669 in labor costs, no capital/startup costs, and $4,500 in operation and maintenance (O&M) costs.

Changes in the Estimates: There is a change in this ICR as compared to the previous one. Based on our discussions with the mineral wool production industry representative, the decrease is
due to the closures of a number of facilities that the industry has been experiencing. There is no growth anticipated in the mineral wool production industry over the next three

years.

There is a decrease in the capital/ startup and operations and maintenance (O&M) costs from the previous ICR,
which is also due to the decrease in the number of mineral wool production
facilities.

Dated: April 29, 2010.
John Moses, Director, Collection Strategies Division.

[FR Doc. 2010–10653 Filed 5–5–10; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[FRL–9146–3]**

**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’’ ), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by
Sierra Club and WildEarth Guardians in
the United States District Court for the
District of Columbia: Sierra Club, et al.

v. Jackson, No. 1:10–cv–133–(PLF) (D. DC). On January 27, 2010, Plaintiffs filed an amended complaint to compel
EPA to take final action on the State Implementation Plan (‘‘ SIP’’ ) infrastructure submittals for Maine, Rhode Island, Connecticut, New Hampshire, Alabama, Kentucky, Mississippi, South Carolina, Wisconsin, Indiana, Michigan, Ohio, Louisiana, Kansas, Nebraska, Missouri, Colorado, Montana, South Dakota, Utah, and Wyoming with regard to the 1997 8-
hour ozone National Ambient Air Quality Standards (‘‘NAAQS ’’ ) as required by section 110(k)(2) of the CAA. Under the terms of the proposed consent decree, EPA has agreed to take final action no later than April 29, 2011. **DATES :**  Written comments on the proposed consent decree must be received by June 7, 2010.

**ADDRESSES :**  Submit your comments, identified by Docket ID number EPA– HQ–OGC–2010–0419, online at http:// www.regulations.gov (EPA’s preferred method); by e-mail 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 :**  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: branning.amy@epa.gov.

**SUPPLEMENTARY INFORMATION :** 

I. Additional Information About the Proposed Consent Decree

The proposed consent decree establishes a deadline of April 29, 2011 for the Administrator to sign a notice or notices, pursuant to section 110(k)(2) of the CAA, either approving, disapproving, or approving in part and disapproving in part, the 1997 8-hour ozone NAAQS Infrastructure SIPS for Maine, Rhode Island, Connecticut, New Hampshire, Alabama, Kentucky, Mississippi, South Carolina, Wisconsin, Indiana, Michigan, Ohio, Louisiana, Kansas, Nebraska, Missouri, Colorado, Montana, South Dakota, Utah, and Wyoming.

In addition, the proposed consent decree states that within fifteen (15) business days following signature of such action, EPA shall deliver notice of
such action to the Office of the Federal Register for publication. The proposed
consent decree also states that after
EPA’s demonstration that it has satisfied all of the obligations under the decree, it may move to have this decree
terminated.

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