Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 4433 

Owners or operators of the affected 

facilities must make a one-time-only 

report of the date of construction or 

reconstruction, notification of the actual 

date of startup, notification of any 

physical or operational change to 

existing facility that may increase the 

rate of emission of the regulated 

pollutant, notification of initial 

performance test; and results of initial 

performance test. Owners or operators 

are also required to maintain records of 

the occurrence and duration of any 

startup, shutdown, or malfunction, or 

any period during which the monitoring 

system is inoperative. Performance tests 

are the Agency’s records of a source’s 

initial capability to comply with 

emissions standards and not the 

operating conditions under which 

compliance was to achieve. An annual 

summary report is also required. 

Any owner or operator subject to the 

provisions of this subpart must maintain 

a file of these measurements, and retain 

the file for at least two years following 

the collection of such measurements, 

maintenance reports, and records. 

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 60, subpart DD, 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 10 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: 

Owners and operators of grain elevators. 

Estimated Number of Respondents: 

200. 

Frequency of Response: On occasion, 

initially and annually. 

Estimated Total Annual Hour Burden: 

2,070. 

Estimated Total Annual Cost: 

$167,108, which is comprised of labor 

costs inclusively, with neither capital/ 

startup costs nor O&M costs. 

Changes in the Estimates: There is no 

change in the labor cost in this ICR 

compared to the previous ICR. This is 

due to two considerations. First, the 

regulations have not changed over the 

past three years and are not anticipated 

to change over the next three years. 

Secondly, the growth rate for the 

industry is very low, negative or nonexistent, so there is no significant 

change in the overall burden. 

Since there are no changes in the 

regulatory requirements and there is no 

significant industry growth, the labor 

hours and cost figures in the previous 

ICR was used in this ICR, and there is 

no change in the burden to industry. 

Dated: January 15, 2009. 

John Moses, 

Acting Director, Collection Strategies 

Division. 

[FR Doc. E9–1621 Filed 1–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8766–7] 

Proposed Settlement Agreement, 

Clean Air Petition for Review 

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 ‘‘Act’’), 42 U.S.C. 7413(g), 

notice is hereby given of a proposed 

settlement agreement to address 

petitions for review filed by the Sierra 

Club, Desert Citizens Against Pollution, 

Downwinders At Risk, Friends of 

Hudson, Huron Environmental Activist 

League, Montanans Against Toxic 

Burning, the Portland Cement 

Association, the State of New York, the 

State of Connecticut, the State of 

Delaware, the State of Illinois, the State 

of Maryland, the Commonwealth of 

Massachusetts, the State of Michigan 

Department of Environmental Quality, 

the State of New Jersey, and the 

Commonwealth of Pennsylvania 

Department of Environmental Protection 

(collectively ‘‘Petitioners’’) in the U.S. 

Court of Appeals for the District of 

Columbia Circuit. Portland Cement 

Association v. United States 

Environmental Protection Agency, No. 

07–1046 and consolidated Nos. 07– 

1048, 07–1049, and 07–1052. The 

various petitions for review challenge 

an EPA rule entitled ‘‘National Emission 

Standards for Hazardous Air Pollutants 

from the Portland Cement 

Manufacturing Industry,’’ published at 

71 FR 76518 (Dec. 20, 2006) (‘‘2006 

Rule’’). EPA has negotiated a proposed 

settlement agreement with the 

petitioners. Under the terms of the 

proposed settlement agreement, EPA 

has agreed to sign a notice of proposed 

rulemaking described in paragraph 1 of 

the agreement no later than March 31, 

2009. EPA has agreed to take final 

action concerning the notice of 

proposed rulemaking described in 

paragraph 1 of the agreement no later 

than March 31, 2010. 

DATES: Written comments on the 

proposed settlement agreement must be 

received by February 25, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2009–0026, 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: 

Steven Silverman, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–5523; fax number (202) 564–5653; 

e-mail address: 

silverman.steven@epa.gov. 

SUPPLEMENTARY INFORMATION: 

4434 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 

I. Additional Information About the 

Proposed Settlement Agreement 

On December 20, 2006, EPA issued 

the 2006 Rule which establishes 

emission standards pursuant to section 

112(d) of the Act for mercury and total 

hydrocarbons from new and existing 

Portland cement kilns. The 2006 Rule 

does not establish further controls for 

hydrogen chloride (‘‘HCI’’) emissions 

because EPA concluded that present 

controls on Portland cement kilns’ 

emissions of HCI are already protective 

of human health with an ample margin 

of safety. Petitions for review of this rule 

were filed in the District of Columbia 

Circuit by a large number of entities 

including representatives of the 

regulated industry, States, and 

environmental groups. These petitions 

have been consolidated for purposes of 

judicial review but further litigation has 

been held in abeyance by court order. 

In March 2007, EPA granted Sierra 

Club’s administrative petition to 

reconsider the standards for mercury 

and total hydrocarbons, the decision 

that no further controls for HCI are 

required, and the decision not to set 

beyond-the-floor standards for mercury 

or for total hydrocarbons. EPA had itself 

already granted reconsideration sua 

sponte of the new source standard for 

mercury. 71 FR 76553 (Dec. 20, 2006). 

EPA has negotiated a proposed 

settlement agreement with the various 

petitioners. Under the proposed 

settlement agreement, EPA agrees that it 

will prepare a notice of proposed 

rulemaking which will address all the 

issues raised in Sierra Club’s petition for 

reconsideration. This notice is to be 

signed no later than March 31, 2009, 

EPA is to take final action concerning 

the notice of proposed rulemaking no 

later than March 31, 2010. The sole 

remedy under the proposed settlement 

agreement should EPA fail to propose or 

take final action by these dates is for any 

of the petitioners to withdraw their 

consent to any order of the DC Circuit 

Court of Appeals holding the litigation 

in abeyance and to move the court to 

vacate any such order. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will receive written 

comments relating to the proposed 

settlement agreement from persons who 

are not parties or intervenors to the 

litigation. EPA or the Department of 

Justice may withdraw or withhold 

consent to the proposed 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 which may be 

submitted, that consent to the 

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–2009–0026) 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: January 16, 2009. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. E9–1592 Filed 1–23–09; 8:45 am] 

BILLING CODE 6560–50–P