5010 Federal Register / Vol. 77, No. 21 / Wednesday, February 1, 2012 / Notices 

public comment period provided by the 

state, unless the petitioner demonstrates 

that it was impracticable to raise issues 

during the comment period, or the 

grounds for the issues arose after this 

period. 

On September 20, 2010, EPA received 

a petition from the Petitioners 

requesting that EPA object to the Title 

V operating permit that IDEM proposed 

to issue to Duke. The Petitioners alleged 

that the permit is not in compliance 

with the requirements of the Act. 

Specifically, the Petitioners alleged that: 

(1) The permit fails to include a Best 

Available Control Technology limit for 

particulate matter with a diameter of 2.5 

microns or less (PM2.5) because of the 

improper use of coarse particulate 

matter as a surrogate for PM2.5; and (2) 

emissions of PM2.5 from the plant would 

cause a violation of the PM2.5 National 

Ambient Air Quality Standard. 

On December 13, 2011, the 

Administrator issued an Order denying 

the Petitioners’ petition. The Order 

explains the reasons behind EPA’s 

conclusion. 

Dated: January 23, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–2214 Filed 1–31–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2012–0057; FRL–9337–1] 

Notice of Availability of Memorandum 

of Understanding Between U.S. 

Environmental Protection Agency and 

Department of the Interior, Bureau of 

Land Management 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

availability of a Memorandum of 

Understanding (MOU) between the 

Environmental Protection Agency and 

the Department of Interior, Bureau of 

Land Management. The two agencies 

will work together to support and 

facilitate reviewing pesticide regulatory 

activities under the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) 

relevant to risk assessments for the 

active ingredient formulations— 

aminopyralid, fluroxpyr, and 

rimsulfuron, proposed by the Bureau of 

Land Management, as well as to update 

risk assessment of two other ingredients. 

FOR FURTHER INFORMATION CONTACT: 

Mario Steadman, Information 

Technology and Resources Management 

Division (7502P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–8338: email address: 

steadman,mario@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action applies to the public in 

general. As such, the Agency has not 

attempted to describe all the specific 

entities that may be affected by this 

action. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. How can I get copies of this document 

and other related information? 

EPA has established a docket for this 

action under docket identification (ID) 

number EPA–HQ–OPP–2011–0057. 

Publicly available docket materials are 

available either in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The hours of 

operation of this Docket Facility are 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

The complete text of the MOU can 

also be viewed in the electronic docket 

at regulations.gov. 

II. Brief Summary of Memorandum of 

Understanding 

Under the MOU the EPA and the BLM 

will work together to support and 

facilitate reviewing pesticide regulatory 

activities under the FIFRA relevant to 

work on some risk assessments for 

active ingredient formulations proposed 

by the BLM. Currently, the BLM is 

proposing to use three new active 

ingredients: aminopyralid, fluroxpyr, 

and rimsulfuron. The BLM is 

conducting human health and 

ecological risk assessments to evaluate 

the risks to humans, and fish and 

wildlife, from the use of these new 

active ingredients. In addition, the BLM 

is proposing to update risk assessments 

for 2, 4-D and clopyralid. 

List of Subjects 

Environmental protection, 

Confidential Business Information, 

Interagency Agreements, Pesticides and 

pests, Memorandum of Understanding. 

Dated: January 25, 2012. 

Michael Hardy, 

Acting Director, Information Technology and 

Resources Management Division, Office of 

Pesticide Programs. 

[FR Doc. 2012–2212 Filed 1–31–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9624–8] 

Proposed Settlement Agreement, 

Clean Air Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed settlement 

agreement; 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 a 

proposed settlement agreement to settle 

a lawsuit filed by Zen Noh Grain 

Corporation in the United States District 

Court for the Eastern District of 

Louisiana: Zen-Noh Grain Corporation 

v. Jackson, Case No. 10–4367 (E.D. La.). 

Plaintiff filed this suit to compel the 

Administrator to respond to an 

administrative petition requesting, 

among other things, that EPA object to 

a CAA Title V operating permit issued 

by the Louisiana Department of 

Environmental Quality to Consolidated 

Environmental Management, Inc.— 

Nucor Steel Louisiana for a pig iron 

manufacturing process in St. James 

Parish, Louisiana. After subsequent 

permitting actions, Plaintiff submitted a 

second administrative petition 

requesting, among other things, that 

EPA object to two CAA Title V permits 

issued by Louisiana Department of 

Environmental Quality to Consolidated 

Environmental Management, Inc.— 

Nucor Steel Louisiana: a modified Title 

V permit for the aforementioned pig 

iron manufacturing process and a Title 

V permit for a direct reduced iron 

manufacturing process in St. James 

Parish, Louisiana. Under the terms of 

the proposed settlement agreement, EPA 

has agreed to respond to both petitions 

by March 16, 2012 to the extent that 

such response is required under 42 

U.S.C. 7661d(b)(2). 

DATES: Written comments on the 

proposed settlement agreement must be 

received by March 2, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2012–0074, online at 

www.regulations.gov (EPA’s preferred 

method); by email to 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 21 / Wednesday, February 1, 2012 / Notices 5011 

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: 

Melina Williams, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone: (202) 

564–3406; fax number (202) 564–5603; 

email address: 

williams.melina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement Agreement 

This proposed settlement agreement 

would resolve a lawsuit alleging, among 

other things, that the Administrator 

failed to perform a nondiscretionary 

duty to grant or deny, within 60 days of 

submission, an administrative petition 

to object to a CAA Title V permit issued 

by the Louisiana Department of 

Environmental Quality to Consolidated 

Environmental Management, Inc.— 

Nucor Steel Louisiana for a pig iron 

manufacturing process in St. James 

Parish, Louisiana. After subsequent 

permitting actions, Plaintiff submitted a 

second administrative petition 

requesting, among other things, that 

EPA object to two CAA title V permits 

issued by the Louisiana Department of 

Environmental Quality to Consolidated 

Environmental Management, Inc.— 

Nucor Steel Louisiana: a modified Title 

V permit for the aforementioned pig 

iron manufacturing process and a Title 

V permit issued for a direct reduced 

iron manufacturing process in St. James 

Parish, Louisiana. Under the terms of 

the proposed settlement agreement, EPA 

has agreed to respond to both petitions 

by March 16, 2012 to the extent that 

such response is required under 42 

U.S.C. 7661d(b)(2). In addition, the 

proposed settlement agreement provides 

that such response would resolve all 

claims that were or could have been 

asserted against the United States in the 

lawsuit, as well as the claims that could 

be asserted in connection with the 

second administrative petition. The 

proposed settlement agreement also 

provides that if it becomes final, the 

parties shall jointly file a stipulation of 

dismissal with prejudice with the court, 

within 10 days of the date when EPA 

provides written notice that the 

proposed settlement agreement has 

become final. In addition, the proposed 

settlement agreement provides that 

Plaintiff shall have until 120 days after 

the Court enters an Order of Dismissal 

as provided in the proposed settlement 

agreement to file a motion for costs of 

litigation (including attorney fees), that 

the parties shall seek to informally 

resolve any claim for costs of litigation, 

and that EPA reserves the right to object 

to the award of any such costs. 

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 agreement 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 agreement 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 settlement 

agreement should be withdrawn, the 

terms of the agreement will be affirmed. 

II. Additional Information About 

Commenting on the Proposed 

Settlement Agreement 

A. How can I get a copy of the 

settlement agreement? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2012–0074) contains a 

copy of the proposed settlement 

agreement. 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, 


tkelley on DSK3SPTVN1PROD with NOTICES
5012 Federal Register / Vol. 77, No. 21 / Wednesday, February 1, 2012 / Notices 

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: January 25, 2012. 

Patricia Embrey, 

Acting Associate General Counsel. 

[FR Doc. 2012–2040 Filed 1–31–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0014; FRL–9335–1] 

Rescission of Certain Product 

Cancellations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA issued notices in the 

Federal Register of August 31, 2011 and 

December 28, 2011, concerning the 

voluntary cancellation of multiple 

pesticide products. This document is 

being issued to rescind the cancellation 

of Baker Petrolite Corporation’s (BPC) 

product, EPA Reg. No. 010707–00055; 

BioSafe Systems’ products, EPA Reg. 

Nos. 070299–00001, 070299–00002, and 

070299–00003; and Oregon’s special 

local needs (SLN) registration, 

OR060026. 

FOR FURTHER INFORMATION CONTACT: 

Maia Tatinclaux, Pesticide Reevaluation Division (7508P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (703) 347–0123; 

email address: 

tatinclaux.maia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

The Agency included in the notice a 

list of those who may be potentially 

affected by this action. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get copies of this document 

and other related information? 

EPA has established a docket for this 

action under docket identification (ID) 

number EPA–HQ–OPP–2010–0014. 

Publicly available docket materials are 

available either in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The hours of 

operation of this Docket Facility are 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

II. What does this rescission do? 

This Notice rescinds the cancellation 

of BPC’s product, EPA registration 

number 010707–00055, which appeared 

in FR Doc. 2011–22135, published in 

the Federal Register of August 31, 2011 

(76 FR 54230) (FRL–8885–6). The 

Cancellation Order was issued following 

a Notice announcing the request to 

voluntarily cancel product 010707– 

00055 published in the Federal Register 

of January 19, 2011 (76 FR 31380(FRL– 

8857–1) . However, the request to 

voluntarily cancel this pesticide product 

had been rescinded on December 16, 

2010 in a letter from BPC, and this 

product should not have been cancelled. 

Additionally, this Notice rescinds the 

cancellations of BioSafe Systems’ 

products, EPA Reg. Nos. 070299–00001, 

070299–00002, 070299–00003 and 

Oregon’s SLN, OR060026, which 

appeared in FR Doc. 2011–33252, 

published in the Federal Register of 

December 28, 2011 (76 FR 81496) (FRL– 

9326–6). The Cancellation Order was 

issued following a Notice announcing 

the request to voluntarily cancel these 

products published in the Federal 

Register of April 27, 2011 (76 FR 

23588)(FRL–8870–6). However, BioSafe 

Systems, LLC never requested the 

cancellation of its products, and 

therefore EPA did not have the authority 

to cancel them. Additionally, the State 

of Oregon retracted their request to 

voluntarily cancel OR060026 on 

December 3, 2010 and this product 

should not have been cancelled. 

Therefore, based on the discussion 

above, with this notice, cancellation of 

BPC’s product, EPA Reg. No 010707– 

00055, X-cide 305, contained in the 

cancellation order published in the 

Federal Register on August 31, 2011, is 

hereby rescinded. 

Cancellation of the following BioSafe 

Systems’ products contained in the 

cancellation order published in the 

Federal Register on December 28, 2011 

is hereby rescinded: 

070299–00001, Zerotol Algaecide 

Fungicide, 070299–00002, Oxidate Broad 

Spectrum Bactericide/fungicide, and 

070299–00003, Terracite. 

In addition, the cancellation of 

Oregon’s SLN, OR060026, also 

contained in the cancellation order 

published in the Federal Register on 

December 28, 2011 is rescinded. 

In addition to the rescission of these 

cancellations, the existing stocks 

provisions contained in the August 31, 

2011 cancellation order and the 

December 28, 2011 cancellation order 

are rescinded as those provisions apply 

to the products and registrations 

contained in this notice. 

List of Subjects 

Environmental protection, Pesticides 

and pest. 

Dated: January 20, 2012. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2012–2209 Filed 1–31–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2011–0038; FRL–9328–7] 

Environmental Protection Agency, 

Department of Health and Human 

Services and Department of 

Agriculture; Memorandum of 

Understanding Regarding Genetically 

Engineered Plants 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces that 

pesticide-related information submitted 

to EPA’s Office of Pesticide Programs 

(OPP) pursuant to the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) and the Federal Food, Drug, 

and Cosmetic Act (FFDCA), including 

information that may have been claimed 

as Confidential Business Information 

(CBI) by submitters in accordance with 

40 CFR 2.309(c) and 2.308(h)(2) will be 

shared with the Department of Human 

Services (HHS) and the U.S. Department 

of Agriculture (USDA). HHS’s Centers 

for Disease Control and Prevention and 

the Food and Drug Administration 

(FDA) will perform work for OPP under 

a Memorandum of Understanding 

(MOU). The MOU will support and 

encourage cooperation and 

communication between USDA, FDA, 

and EPA in the regulatory oversight over 


tkelley on DSK3SPTVN1PROD with NOTICES