Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices 31273 

12:30 p.m.—Adjourn. 

[FR Doc. E9–15421 Filed 6–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8924–5] 

Proposed CERCLA Section 122(g) 

Administrative Agreement for De 

Minimis Settlement for the 

Consolidated Iron and Metal Co. 

Superfund Site, City of Newburgh, 

Orange County, NY 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980, as amended (‘‘CERCLA’’), 42 

U.S.C. 9622(i), notice is hereby given by 

the U.S. Environmental Protection 

Agency (‘‘EPA’’), Region 2, of a 

proposed de minimis administrative 

agreement pursuant to section 122(g) of 

CERCLA, 42 U.S.C. 9622(g), between 

EPA and the Town of Rhinebeck (‘‘the 

Town’’), Dutchess County, New York, 

pertaining to the Consolidated Iron and 

Metal Co. Superfund Site (‘‘Site’’) 

located in the City of Newburgh, Orange 

County, New York. Under the 

settlement, the Town will pay 

$49,907.23 to the EPA Hazardous 

Substance Superfund Consolidated Iron 

and Metal Co. Site Special Account, 

which is considered to be its fair share 

of past and future cleanup costs, plus a 

‘‘premium’’ for uncertainties associated 

with the Site. The settlement includes a 

covenant not to sue pursuant to sections 

106 and 107 of CERCLA, 42 U.S.C. 9606 

and 9607, relating to the Site, and 

protection from contribution actions or 

claims as provided by sections 113(f)(2) 

and 122(g)(5) of CERCLA, 42 U.S.C. 

9613(f)(2) and 9622(g)(5). EPA will 

receive written comments relating to the 

settlement for thirty (30) days following 

publication of this notice. EPA will 

consider all comments received and 

may modify or withdraw its consent to 

the settlement if comments received 

disclose facts or considerations that 

indicate that the proposed settlement is 

inappropriate, improper, or inadequate. 

EPA’s response to any comments 

received will be available for public 

inspection at EPA Region 2, 290 

Broadway, New York, New York 10007– 

1866. 

DATES: Comments must be submitted on 

or before July 30, 2009. 

ADDRESSES: The proposed settlement is 

available for public inspection at EPA 

Region 2 offices at 290 Broadway, New 

York, New York 10007–1866. Comments 

should reference the Consolidated Iron 

and Metal Co. Superfund Site, Index No. 

CERCLA–02–2009–2001. To request a 

copy of the proposed settlement 

agreement, please contact the individual 

identified below. 

FOR FURTHER INFORMATION CONTACT: 

Carol Y. Berns, Assistant Regional 

Counsel, New York/Caribbean 

Superfund Branch, Office of Regional 

Counsel, EPA Region 2, 17th Floor, 290 

Broadway, New York, New York 10007– 

1866. Telephone: 212–637–3177. 

Dated: June 17, 2009. 

Walter Mugdan, 

Director, Emergency and Remedial Response 

Division, Region 2. 

[FR Doc. E9–15419 Filed 6–29–09; 8:45 am] 

BILLING CODE 6560–60–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8924–8] 

Proposed Settlement Agreement 

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 

(‘‘Act’’), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed settlement 

agreement to address a lawsuit filed by 

the Alliance of Automobile 

Manufacturers (‘‘Alliance’’) in the 

United States Court of Appeals for the 

District of Columbia Circuit: Alliance of 

Automobile Manufacturers v. EPA, No. 

08–1109 (DC Cir.). On or about March 

10, 2008, the Alliance filed a petition for 

review challenging regulations 

promulgated by EPA in a final rule 

entitled ‘‘National Emission Standards 

for Hazardous Air Pollutants for Source 

Categories: Gasoline Distribution Bulk 

Terminals, Bulk Plants, and Pipeline 

Facilities, and Gasoline Dispensing 

Facilities,’’ 73 FR 1916 (Jan. 10, 2008), 

published at 40 CFR part 63, subparts 

BBBBBB and CCCCCC (the ‘‘Gasoline 

Distribution NESHAP’’). Under the 

terms of the proposed settlement 

agreement, EPA will sign and submit for 

publication in the Federal Register a 

notice of proposed rulemaking to amend 

the Gasoline Distribution NESHAP that 

contains amendments that are 

substantially the same in substance as 

set forth in Attachment A to this 

Agreement as expeditiously as 

practicable after entry of this 

Agreement. If EPA signs and submits for 

publication in the Federal Register a 

notice of final rulemaking to amend the 

Gasoline Distribution NESHAP that 

contains amendments that are 

substantially the same in substance as 

set forth in Attachment A to this 

Agreement, the Alliance and EPA will 

file a joint motion for dismissal with 

prejudice in accordance with Rule 42(b) 

of the Federal Rules of Appellate 

Procedure. 

DATES: Written comments on the 

proposed settlement agreement must be 

received by July 30, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2009–0471, 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: 

Susan Stahle, Air and Radiation Law 

Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–1272; fax number (202) 564–5603; 

e-mail address: stahle.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement Agreement 

This proposed settlement agreement 

would resolve a petition for review filed 

by the Alliance challenging regulations 

promulgated by EPA in a final rule 

entitled ‘‘National Emission Standards 

for Hazardous Air Pollutants for Source 

Categories: Gasoline Distribution Bulk 

Terminals, Bulk Plants, and Pipeline 

Facilities, and Gasoline Dispensing 

Facilities,’’ 73 FR 1916 (Jan. 10, 2008), 

published at 40 CFR part 63, subparts 

BBBBBB and CCCCCC (the ‘‘Gasoline 

Distribution NESHAP’’). Specifically, 

the Alliance challenged the Gasoline 

Distribution NESHAP by raising three 

issues regarding: (1) Allegedly 

duplicative requirements under 


sroberts on PROD1PC70 with NOTICES6
31274 Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Notices 

Subparts BBBBBB and CCCCCC; (2) 

application of the Gasoline Distribution 

NESHAP to engine testing facilities; and 

(3) application of the Gasoline 

Distribution NESHAP to tanks solely 

used to fuel emergency generators and 

fire pumps. Under the terms of the 

proposed settlement agreement, EPA 

will sign and submit for publication in 

the Federal Register a notice of 

proposed rulemaking to amend the 

Gasoline Distribution NESHAP that 

contains amendments that are 

substantially the same in substance as 

set forth in Attachment A to this 

Agreement as expeditiously as 

practicable after entry of this 

Agreement. If EPA signs and submits for 

publication in the Federal Register a 

notice of final rulemaking to amend the 

Gasoline Distribution NESHAP that 

contains amendments that are 

substantially the same in substance as 

set forth in Attachment A to this 

Agreement, the Alliance and EPA will 

file a joint motion for dismissal with 

prejudice in accordance with Rule 42(b) 

of the Federal Rules of Appellate 

Procedure. 

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, 

based on any comment submitted, 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–2009–0471) 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 http:// 

www.regulations.gov. You may use the 

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, select ‘‘search,’’ then key in the 

appropriate docket identification 

number. 

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 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, 

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: June 24, 2009. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. E9–15418 Filed 6–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8924–6] 

Science Advisory Board Staff Office; 

Notification of Request for Nomination 

of Experts Clean Air Scientific 

Advisory Committee (CASAC) Carbon 

Monoxide Review Panel 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) Science Advisory Board 

(SAB) Staff Office is soliciting 

nominations of experts to augment the 

EPA’s Clean Air Scientific Advisory 

Committee (CASAC) Carbon Monoxide 

Review Panel. 

DATES: Nominations should be 

submitted by July 31, 2009. 

FOR FURTHER INFORMATION CONTACT: Any 

member of the public who wants further 

information regarding this request may 

contact Dr. Ellen Rubin, Designated 

Federal Officer (DFO), EPA Science 

Advisory Board (1400F), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460; via telephone/ 

voice mail (202) 343–9975 or e-mail at 

rubin.ellen@epa.gov. General 


sroberts on PROD1PC70 with NOTICES6