7428 Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Notices 

Anaya, Special Rapparteur on the rights 

of Indigenous peoples in the United 

Nations Office of the High 

Commissioner for Human Rights. A 

copy of the agenda will be posted at 

http://www.epa.gov/ofacmo/nacgacpage.htm. 

DATES: The NAC/GAC will hold a public 

teleconference on Friday, February 15, 

2013, from 12:30 p.m. to 1:30 p.m. 

Eastern Standard Time. 

ADDRESSES: The meeting will be held at 

the U.S. EPA East Building, 1201 

Constitution Ave. NW., Room 1132, 

Washington, DC 20004. 

FOR FURTHER INFORMATION CONTACT: 

Oscar Carrillo, Designated Federal 

Officer, carrillo.oscar@epa.gov, 202– 

564–0347, U.S. EPA, Office of Federal 

Advisory Committee Management and 

Outreach (1601–M), 1200 Pennsylvania 

Avenue NW., Washington, DC 20460. 

SUPPLEMENTARY INFORMATION: Requests 

to make oral comments or to provide 

written comments to NAC/GAC should 

be sent to Oscar Carrillo at 

carrillo.oscar@epa.gov by Thursday, 

February 7, 2013. The meeting is open 

to the public, with limited seating on a 

first-come, first-served basis. Members 

of the public wishing to participate in 

the teleconference should contact Oscar 

Carrillo at carrillo.oscar@epa.gov or 

(202) 564–0347 by February 7, 2013. 

Meeting Access: For information on 

access or services for individuals with 

disabilities, please contact Oscar 

Carrillo at 202–564–0347 or 

carrillo.oscar@epa.gov. To request 

accommodation of a disability, please 

contact Oscar Carrillo, preferably at 

least 10 days prior to the meeting, to 

give EPA as much time as possible to 

process your request. 

Dated: January 24, 2013. 

Oscar Carrillo, 

Designated Federal Officer. 

[FR Doc. 2013–02215 Filed 1–31–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9775–1] 

Clean Air Act Operating Permit 

Program; Petition for Objection to 

State Operating Permit for Noranda 

Alumina, LLC 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final action. 

SUMMARY: This document announces 

that the EPA Administrator has 

responded to a citizen petition asking 

EPA to object to an operating permit 

(Permit Number 2453–V2) issued by the 

Louisiana Department of Environmental 

Quality (LDEQ). Specifically, the 

Administrator has denied the March 28, 

2011 petition, submitted by the 

Louisiana Environmental Action 

Network (LEAN), Sierra Club, and 

O’Neil Couvillion (the Petitioners), to 

object to the operating permit issued on 

February 15, 2011 to Noranda Alumina, 

LLC, for the operation of the alumina 

production plant located in Gramercy, 

St James Parish, Louisiana. Sections 

307(b) and 505(b)(2) of the Act provide 

that a petitioner may ask for judicial 

review of those portions of the petition 

which EPA denies in the United States 

Court of Appeals for the appropriate 

circuit. Any petition for review shall be 

filed within 60 days from the date this 

notice appears in the Federal Register, 

pursuant to section 307 of the Act. 

ADDRESSES: You may review copies of 

the final Order, the petition, and other 

supporting information at EPA Region 6, 

1445 Ross Avenue, Dallas, Texas 75202– 

2733. 

EPA requests that if at all possible, 

you contact the individual listed in the 

FOR FURTHER INFORMATION CONTACT

section to view copies of the final Order, 

petition, and other supporting 

information. You may view the hard 

copies Monday through Friday, from 

9:00 a.m. to 3:00 p.m., excluding 

Federal holidays. If you wish to 

examine these documents, you should 

make an appointment at least 24 hours 

before the visiting day. Additionally, the 

final Order for Noranda Alumina LLC is 

available electronically at: http:// 

www.epa.gov/region07/air/title5/ 

petitiondb/petitions/ 

noranda_response2011.pdf. 

FOR FURTHER INFORMATION CONTACT: Brad 

Toups at (214) 665–7258, email address: 

toups.brad@epa.gov or the above EPA, 

Region 6 address. 

SUPPLEMENTARY INFORMATION: The CAA 

affords EPA a 45-day period to review, 

and object to as appropriate, a Title V 

operating permit proposed by State 

permitting authorities. Section 505(b)(2) 

of the CAA authorizes any person to 

petition the EPA Administrator, within 

60 days after the expiration of this 

review period, to object to a Title V 

operating permit if EPA has not done so. 

Petitions must be based only on 

objections to the permit that were raised 

with reasonable specificity during the 

public comment period provided by the 

State, unless the petitioner demonstrates 

that it was impracticable to raise these 

issues during the comment period or the 

grounds for the issue arose after this 

period. 

EPA received a petition from the 

Petitioners dated March 28, 2011, 

requesting that EPA object to the 

issuance of the Title V operating permit 

to Noranda Alumina LLC (Noranda), for 

the operation of the alumina production 

plant in Gramercy, St. James Parish, 

Louisiana for the following reasons: (1) 

The Title V Permit fails to incorporate 

applicable PSD requirements because: 

LDEQ violated the PSD public 

participation requirements; certain stack 

tests show the NOX emissions exceed 

PSD thresholds, yet the Title V Permit 

fails to include applicable PSD 

requirements for NOX emissions; LDEQ 

failed to support its conclusion that 

emissions from the yield improvement 

project do not trigger PSD review; and 

LDEQ failed to apply Best Available 

Control Technology to NOX emissions 

from the yield improvement project; (2) 

LDEQ failed to include emission limits 

for PM2.5 emissions; and (3) the Title V 

Permit fails to include a case-specific 

Maximum Achievable Control 

Technology Standard for Noranda’s 

Industrial Boilers. 

On December 14, 2012, the 

Administrator issued an Order denying 

the petition. The Order explains the 

reasons behind EPA’s conclusion to 

deny the petition. 

Dated: January 17, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2013–02229 Filed 1–31–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9774–7] 

Notice of Proposed Administrative 

Cashout Agreement Pursuant to the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act; In Re: The Miller Salvage 

Superfund Site, Latham, Pike County, 

OH 

AGENCY: U.S. Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for public 

comment. 

SUMMARY: Notice is hereby given of a 

proposed administrative settlement 

under CERCLA concerning the Miller 

Salvage Superfund Site (‘‘Site’’) in 

Latham, Pike County, Ohio. Subject to 

review and comment by the public 

pursuant to this Notice. The settlement 

resolves a United States Environmental 

Protection Agency claim under Sections 

106, 107(a), and 122 of CERCLA, against 

one party who has executed binding 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Notices 7429 

certifications of its consent to the 

settlement, as listed below in the 

Supplemental Information Section. 

The settlement requires the settling 

party to pay a total of $52,000 to the 

EPA Hazardous Substances Superfund. 

The payment received shall be applied, 

retained, or used to finance the response 

actions taken or to be taken at or in 

connection with the Site. For thirty (30) 

days following the date of publication of 

this notice, the Agency will receive 

written comments relating to the 

settlement. The Agency will consider all 

comments received and may modify or 

withdraw its consent to the settlement 

if comments received disclose facts or 

considerations which indicate that the 

settlement is inappropriate, improper, 

or inadequate. The Agency’s response to 

any comments received will be available 

for public inspection at the EPA, Region 

5, 7th Floor File Room, 77 West Jackson 

Boulevard, Chicago, Illinois. 

DATES: Comments must be submitted by 

March 4, 2013. 

ADDRESSES: The proposed settlement is 

available for public inspection at the 

EPA, Region 5, 7th Floor File Room, 77 

West Jackson Boulevard, Chicago, 

Illinois. In addition, a copy of the 

proposed settlement also may be 

obtained from Nola M. Hicks, Associate 

Regional Counsel (C–14J), Region 5, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604–3590, or by calling (312) 

886–7949. Comments should reference 

the Miller Salvage Superfund Site, 

Latham, Pike County, Ohio and EPA 

Docket No. and should be addressed to 

Nola M. Hicks, Associate Regional 

Counsel (C–14J), Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604. 

SUPPLEMENTARY INFORMATION: The 

parties listed below have executed 

binding certifications of their consent to 

participate in the settlement. MASCO 

Cabinetry Middlefield LLC, successor by 

way of merger to Mill’s Pride, LP. 

FOR FURTHER INFORMATION CONTACT: Nola 

M. Hicks, Associate Regional Counsel 

(C–14J), Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, or 

call (312) 886–7949. 

Authority: The Comprehensive 

Environmental Response, Compensation and 

Liability Act, of 1980, 42 U.S.C. 9604, 

9606(a), 9607, and 9622, as amended. 

Dated: December 20, 2012. 

Richard C. Karl, 

Director, Superfund Division, Region 5. 

[FR Doc. 2013–02227 Filed 1–31–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9774–9] 

Adequacy Status of the Dallas-Fort 

Worth, TX Reasonable Further 

Progress 8-Hour Ozone Motor Vehicle 

Emission Budgets for Transportation 

Conformity Purposes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of adequacy. 

SUMMARY: EPA is notifying the public 

that it has found that the motor vehicle 

emissions budgets (MVEBs) in the 

Dallas-Fort Worth, Texas (DFW) 

Reasonable Further Progress (RFP) State 

Implementation Plan (SIP) revision, 

submitted on January 17, 2012 by the 

Texas Commission on Environmental 

Quality (TCEQ) are adequate for 

transportation conformity purposes. As 

a result of EPA’s finding, the DFW area 

must use these budgets for future 

conformity determinations. 

DATES: These budgets are effective 

February 19, 2013. 

FOR FURTHER INFORMATION CONTACT: The 

essential information in this notice will 

be available at EPA’s conformity Web 

site: http://www.epa.gov/otaq/ 

stateresources/transconf/adequacy.htm. 

You may also contact Mr. Jeffrey Riley, 

Air Planning Section (6PD–L), U.S. 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Dallas, 

Texas 75202–2733, telephone (214) 

665–8542, Email address: 

Riley.Jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refers to EPA. The word 

‘‘budget(s)’’ refers to the mobile source 

emissions budget for volatile organic 

compounds (VOCs) and the mobile 

source emissions budget for nitrogen 

oxides (NOX). 

On January 17, 2012, we received a 

SIP revision from the TCEQ. This 

revision consisted of an RFP SIP for the 

DFW ozone nonattainment area. This 

submission established MVEBs for the 

DFW area for the years 2011 and 2012. 

The MVEB is the amount of emissions 

allowed in the state implementation 

plan for on-road motor vehicles; it 

establishes an emissions ceiling for the 

regional transportation network. The 

MVEBs are provided in Table 1: 

TABLE 1—DALLAS-FORT WORTH REASONABLE FURTHER PROGRESS NOX

AND VOC MVEBS

[Summer season tons per day] 

2011 2012 

NOX .................. 197.05 195.39 

VOC .................. 89.54 82.20 

On February 27, 2012, EPA posted the 

availability of the DFW area MVEBs on 

EPA’s Web site for the purpose of 

soliciting public comments, as part of 

the adequacy process. The comment 

period closed on March 28, 2012, and 

we received no comments. 

Today’s notice is simply an 

announcement of a finding that EPA has 

already made. EPA Region 6 sent a letter 

to TCEQ on December 27, 2012, finding 

that the MVEBs in the DFW RFP SIP, 

submitted on January 17, 2012 are 

adequate and must be used for 

transportation conformity 

determinations in the DFW area. This 

finding has also been announced on 

EPA’s conformity Web site: http:// 

www.epa.gov/otaq/stateresources/ 

transconf/adequacy.htm. 

Transportation conformity is required 

by section 176(c) of the Clean Air Act. 

EPA’s conformity rule, 40 Code of 

Federal Regulations (CFR) part 93, 

requires that transportation plans, 

programs and projects conform to state 

air quality implementation plans and 

establishes the criteria and procedures 

for determining whether or not they do 

so. Conformity to a 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 EPA determines 

whether a SIP’s MVEB is adequate for 

transportation conformity purposes are 

outlined in 40 CFR 93.118(e)(4). We 

have also described the process for 

determining the adequacy of submitted 

SIP budgets in our July 1, 2004, final 

rulemaking entitled, ‘‘Transportation 

Conformity Rule Amendments for the 

New 8-hour Ozone and PM2.5 National 

Ambient Air Quality Standards and 

Miscellaneous Revisions for Existing 

Areas; Transportation Conformity Rule 

Amendments: Response to Court 

Decision and Additional Rule Changes’’ 

(69 FR 40004). Please note that an 

adequacy review is separate from EPA’s 

completeness review, and it should not 

be used to prejudge EPA’s ultimate 

approval of the DFW RFP SIP revision 

submittal. Even if EPA finds the budgets 

adequate, the DFW RFP SIP revision 

submittal could later be disapproved. 


srobinson on DSK4SPTVN1PROD with NOTICES