Animal Feeding Operations Consent Agreement and Final Order, 28024-28025 [E6-7330]
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28024
Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Notices
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it within the submitted
material. If you submit information
directly to EPA by e-mail without going
through https://www.regulations.gov,
your e-mail address will be
automatically captured and included as
part of the information that is placed in
the public docket and made available on
the Internet. If you submit materials
electronically, EPA recommends that
you include your name and other
contact information with any disk or
CD-ROM you submit. If EPA cannot
read your submitted material due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your submission.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: Documents in the docket are
listed in the https://www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at
the OEI Docket in the EPA HQ Docket
Center.
FOR FURTHER INFORMATION CONTACT: For
technical information, contact Mary
Ross, facsimile: 919–541–1818 or email: ross.mary@epa.gov.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with NOTICES
A. Does This Action Apply to Me?
Section 108(a) of the Clean Air Act
directs the Administrator to identify
certain pollutants that ‘‘may reasonably
be anticipated to endanger public health
and welfare’’ and to issue air quality
criteria for them. These air quality
criteria are to ‘‘accurately reflect the
latest scientific knowledge useful in
indicating the kind and extent of all
identifiable effects on public health or
welfare which may be expected from the
presence of [a] pollutant in the ambient
air * * *.’’ Under section 109 of the
Act, EPA is then to establish National
Ambient Air Quality Standards
(NAAQS) for each pollutant for which
EPA has issued criteria. Section 109(d)
of the Act subsequently requires
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periodic review and, if appropriate,
revision of existing air quality criteria to
reflect advances in scientific knowledge
on the effects of the pollutant on public
health and welfare. EPA is also to revise
the NAAQS, if appropriate, based on the
revised criteria.
SOX are one of six principal (or
‘‘criteria’’) pollutants for which EPA has
established national ambient air quality
standards (NAAQS). Periodically, EPA
reviews the scientific basis for these
standards and prepares a science
assessment document (historically
referred to as a ‘‘criteria document’’).
The science assessment provides the
scientific basis for additional technical
and policy assessments that form the
basis for EPA decisions on the adequacy
of a current NAAQS and the
appropriateness of new or revised
standards. One of the first steps in this
process is to announce the beginning of
this periodic NAAQS review and the
start of the development of the science
assessment by requesting the public to
submit scientific literature that they
want to bring to the attention of the
Agency. The Clean Air Scientific
Advisory Committee (CASAC), a review
committee of the EPA’s Science
Advisory Board (SAB), is mandated by
the Clean Air Act with performing an
independent expert scientific review of
the air quality criteria. This involves
review of draft(s) of EPA’s science
assessment document. As this process
proceeds, the public will have
opportunities to review and comment
on draft(s) of the science assessment
document for SOX. These opportunities
will also be announced in the Federal
Register.
B. What Should I Consider as I Prepare
Materials for Submission to EPA?
Since completion of the 1994
‘‘Supplement to the Second Addendum
(1986) to Air Quality Criteria for
Particulate Matter and Sulfur Oxides
(1982): Assessment of New Findings on
Sulfur Dioxide Acute Exposure Health
Effects in Asthmatic Individuals,’’ EPA
has continued to follow the scientific
research on SOX exposure and its effects
on public health and the environment
and has gathered appropriate studies.
The Agency is particularly interested in
additional new information concerning:
(1) Atmospheric science aspects (e.g.,
sources , emissions, atmospheric
transformation and transport, air quality
concentrations, patterns and trends); (2)
exposure and dosimetry aspects; (3)
health effects aspects, including
information derived from human and
animal toxicological studies of SO2 and
transformation products (e.g. sulfates,
sulfuric acid); and (4) ecological effects
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of SO2 and transformation products,
such as those arising from wet and dry
deposition of sulfates and/or sulfuric
acid. These and other selected literature
relevant to a review of the NAAQS for
sulfur oxides will be assessed in the
forthcoming revised science assessment
for SOX. One or more drafts of the
science assessment document for SOX
are expected to be made available by
EPA for public comment and CASAC
review. After this call for information,
other opportunities for submission of
new peer-reviewed papers (published or
in-press) will be possible as part of
public comment on the draft documents
that will be reviewed by CASAC.
Dated: May 3, 2006.
Peter W. Preuss,
Director, National Center for Environmental
Assessment.
[FR Doc. E6–7340 Filed 5–12–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8170–2]
Animal Feeding Operations Consent
Agreement and Final Order
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: EPA is considering the
disclosure of certain information that
may be subject to a claim of confidential
business information (CBI) in
connection with a proceeding before
EPA’s Environmental Appeals Board
(EAB). The information is the name and
address of Animal Feeding Operations
(AFOs) who have submitted consent
agreements and final orders to EPA to
resolve potential civil violations related
to air emissions from their facilities.
EPA is requesting comments from the
effected AFOs regarding the potential
disclosure of their names and address.
DATES: Comments must be received by
May 22, 2006.
ADDRESSES: Submit comments to:
Director, Attn: AFO CAFO
Confidential Business Information
Comments, Special Litigation and
Projects Division (2248A), 1200
Pennsylvania Ave., NW., Washington,
DC 20460.
Comments may also be submitted via
facsimile to (202) 564–0010 or via email at AFOComments@epa.gov.
FOR FURTHER INFORMATION CONTACT: For
further information regarding this
notice, contact Bruce Fergusson at (202)
564–1261 or at
fergusson.bruce@epa.gov.
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15MYN1
Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Notices
On
January 31, 2005, EPA offered certain
Animal Feeding Operations (AFOs) the
opportunity to sign a consent agreement
and final order resolving potential
violations under the Clean Air Act
(CAA), the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA), and the
Emergency Planning and Community
Right-to-Know Act (EPCRA) (henceforth
referred to as the ‘‘Air Compliance
Agreement’’ or the ‘‘Agreement’’). By
the close of the sign-up period on
August 12, 2005, EPA had received over
2600 signed Agreements from AFOs.
Approximately 1200 of the Agreements
included broad claims by the submitting
AFOs that the facility specific
information that was required to be
submitted in Attachment A to the
Agreements was entitled to confidential
treatment for reasons of business
confidentiality (CBI). These broad
claims potentially included the name of
the facility and its address, which are
found in Attachment A to the
Agreements. EPA is considering the
disclosure of the names and addresses
of these AFOs in connection with the
submittal of these proposed consent
agreements and final orders to the EAB
for approval.
With respect to proceedings
commenced at EPA Headquarters, EPA
is required to obtain a final order from
the EAB ratifying any consent
agreement that disposes of the
proceeding. In accordance with this
requirement, EPA submitted 20
Agreements, which did not contain any
CBI claims, to the EAB on November 11,
2005, for approval. On January 27, 2006,
the Board approved the first 20
Agreements. On April 11, 2006, EPA
submitted 702 additional Agreements,
which did not contain any CBI claims,
to the EAB for approval. These
additional Agreements were approved
on April 17, 2006.
EPA is preparing to submit most of
the approximately 1200 Agreements that
contain information claimed as CBI to
the EAB for review and approval. In
connection with those proceedings, EPA
is considering the disclosure of the
names and addresses of the AFOs who
signed the Agreements (the
Respondents) pursuant to 40 CFR
2.301(g) (‘‘Disclosure of information
relevant to a proceeding’’),
notwithstanding that the information
may be subject to a CBI claim. EPA’s
filings with the EAB are public, thus
this information would be available to
the public upon EPA’s filing of the
proposed Agreements and final orders.
EPA is not considering, at this time,
disclosing to the public any other
jlentini on PROD1PC65 with NOTICES
SUPPLEMENTARY INFORMATION:
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16:54 May 12, 2006
Jkt 208001
information that has been claimed to be
CBI. EPA is considering disclosing
names and addresses because, initially,
it appears that: (1) The names and
addresses of the Respondents are
relevant to the subject of the
proceedings; (2) the public interest
would be served by making available
the names and addresses of the
businesses with which EPA will be
entering into consent agreements; and
(3), the names and addresses of these
businesses are reasonably attainable by
other persons through public records
such as telephone books and other
business listings.
EPA is hereby providing an
opportunity for any affected AFO to
provide comments on the proposal by
EPA to make their names and addresses
available as part of the proceeding
before the EAB to approve their
Agreement. Such comments should
address the issue of whether its name
and address are relevant to the
proceeding and whether it is in the
public interest to disclose that
information. The affected AFO may also
address the issue of whether its name
and address are entitled to confidential
treatment pursuant to the criteria set
forth in 40 CFR 2.208, including
whether the information is reasonably
obtainable by other persons through
legitimate means. All comments should
be submitted within five (5) days of the
date of this notice. EPA is not seeking,
or considering, comments from anybody
other than the affected AFOs.
In accordance with 40 CFR
2.204(e)(1), any failure by an AFO to
furnish timely comments will be
construed as a waiver of its claim, and
EPA will forward their Agreement to the
EAB for review and approval no earlier
than five (5) days after the close of the
comment period. Although the names
and addresses of the AFOs will be
available to the public at that time, other
information about the facility claimed as
CBI will continue to be handled in
accordance with EPA’s CBI regulations.
For those AFOs who furnish timely
comments, EPA will proceed to make a
determination under 40 CFR 2.301(g)
after the close of the comment period.
Dated: May 9, 2006.
Robert A. Kaplan,
Director, Special Litigation and Project
Division, Office of Civil Enforcement, Office
of Enforcement and Compliance Assurance.
[FR Doc. E6–7330 Filed 5–12–06; 8:45 am]
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28025
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8169–6]
Brownfields State and Tribal Response
Grant Program
Environmental Protection
Agency.
ACTION: Notice.
AGENCY:
SUMMARY: This action adds the
Brownfields State and Tribal Response
(BSTR) grant program authorized by
section 128(a) of the Comprehensive
Environmental Response,
Compensation, and Liability Act of
1980, as amended, (CERCLA), to the list
of environmental grant programs
eligible for inclusion in Performance
Partnership Grants (PPGs).
FOR FURTHER INFORMATION CONTACT: Jack
Bowles, Office of Congressional and
Intergovernmental Relations, Office of
the Administrator, Mail Code 1301, U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone number, 202–564–
7178; e-mail address:
bowles.jack@epa.gov; or Jennifer
Wilbur, Office of Brownfields Cleanup
and Redevelopment, Office of Solid
Waste and Emergency Response, Mail
Code 5105T, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460; telephone
number, 202–566–2756; e-mail address:
wilbur.jennifer@epa.gov.
SUPPLEMENTARY INFORMATION: The
Omnibus Consolidated Rescissions and
Appropriations Act of 1996 (Pub. L.
104–134) and the Department of
Veterans Affairs and Housing and Urban
Development, and Independent
Agencies Appropriations Act of 1998
(Pub. L. 105–65), authorize EPA to
combine categorical grant funds
appropriated in EPA’s State and Tribal
Assistance Grant (STAG) account and
award the funds as PPGs. Public Law
104–134, states, in relevant part, that:
‘‘the Administrator is authorized to
make grants annually from funds
appropriated under this heading, subject
to such terms and conditions as the
Administrator shall establish, to any
State or federally recognized Indian
tribe for multimedia or single media
pollution prevention, control and
abatement and related environmental
activities at the request of the Governor
or other appropriate State official or the
tribe.’’ Public Law 105–65 amended the
PPG authority by authorizing ‘‘interstate
agencies, tribal consortia, and air
pollution control agencies’’ to receive
PPGs. Pursuant to the authority granted
in Public Law 104–134 and Public Law
105–65, EPA promulgated PPG
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]]>Agencies
[Federal Register Volume 71, Number 93 (Monday, May 15, 2006)]
[Notices]
[Pages 28024-28025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7330]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8170-2]
Animal Feeding Operations Consent Agreement and Final Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA is considering the disclosure of certain information that
may be subject to a claim of confidential business information (CBI) in
connection with a proceeding before EPA's Environmental Appeals Board
(EAB). The information is the name and address of Animal Feeding
Operations (AFOs) who have submitted consent agreements and final
orders to EPA to resolve potential civil violations related to air
emissions from their facilities. EPA is requesting comments from the
effected AFOs regarding the potential disclosure of their names and
address.
DATES: Comments must be received by May 22, 2006.
ADDRESSES: Submit comments to:
Director, Attn: AFO CAFO Confidential Business Information
Comments, Special Litigation and Projects Division (2248A), 1200
Pennsylvania Ave., NW., Washington, DC 20460.
Comments may also be submitted via facsimile to (202) 564-0010 or
via e-mail at AFOComments@epa.gov.
FOR FURTHER INFORMATION CONTACT: For further information regarding this
notice, contact Bruce Fergusson at (202) 564-1261 or at
fergusson.bruce@epa.gov.
[[Page 28025]]
SUPPLEMENTARY INFORMATION: On January 31, 2005, EPA offered certain
Animal Feeding Operations (AFOs) the opportunity to sign a consent
agreement and final order resolving potential violations under the
Clean Air Act (CAA), the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), and the Emergency Planning and
Community Right-to-Know Act (EPCRA) (henceforth referred to as the
``Air Compliance Agreement'' or the ``Agreement''). By the close of the
sign-up period on August 12, 2005, EPA had received over 2600 signed
Agreements from AFOs. Approximately 1200 of the Agreements included
broad claims by the submitting AFOs that the facility specific
information that was required to be submitted in Attachment A to the
Agreements was entitled to confidential treatment for reasons of
business confidentiality (CBI). These broad claims potentially included
the name of the facility and its address, which are found in Attachment
A to the Agreements. EPA is considering the disclosure of the names and
addresses of these AFOs in connection with the submittal of these
proposed consent agreements and final orders to the EAB for approval.
With respect to proceedings commenced at EPA Headquarters, EPA is
required to obtain a final order from the EAB ratifying any consent
agreement that disposes of the proceeding. In accordance with this
requirement, EPA submitted 20 Agreements, which did not contain any CBI
claims, to the EAB on November 11, 2005, for approval. On January 27,
2006, the Board approved the first 20 Agreements. On April 11, 2006,
EPA submitted 702 additional Agreements, which did not contain any CBI
claims, to the EAB for approval. These additional Agreements were
approved on April 17, 2006.
EPA is preparing to submit most of the approximately 1200
Agreements that contain information claimed as CBI to the EAB for
review and approval. In connection with those proceedings, EPA is
considering the disclosure of the names and addresses of the AFOs who
signed the Agreements (the Respondents) pursuant to 40 CFR 2.301(g)
(``Disclosure of information relevant to a proceeding''),
notwithstanding that the information may be subject to a CBI claim.
EPA's filings with the EAB are public, thus this information would be
available to the public upon EPA's filing of the proposed Agreements
and final orders. EPA is not considering, at this time, disclosing to
the public any other information that has been claimed to be CBI. EPA
is considering disclosing names and addresses because, initially, it
appears that: (1) The names and addresses of the Respondents are
relevant to the subject of the proceedings; (2) the public interest
would be served by making available the names and addresses of the
businesses with which EPA will be entering into consent agreements; and
(3), the names and addresses of these businesses are reasonably
attainable by other persons through public records such as telephone
books and other business listings.
EPA is hereby providing an opportunity for any affected AFO to
provide comments on the proposal by EPA to make their names and
addresses available as part of the proceeding before the EAB to approve
their Agreement. Such comments should address the issue of whether its
name and address are relevant to the proceeding and whether it is in
the public interest to disclose that information. The affected AFO may
also address the issue of whether its name and address are entitled to
confidential treatment pursuant to the criteria set forth in 40 CFR
2.208, including whether the information is reasonably obtainable by
other persons through legitimate means. All comments should be
submitted within five (5) days of the date of this notice. EPA is not
seeking, or considering, comments from anybody other than the affected
AFOs.
In accordance with 40 CFR 2.204(e)(1), any failure by an AFO to
furnish timely comments will be construed as a waiver of its claim, and
EPA will forward their Agreement to the EAB for review and approval no
earlier than five (5) days after the close of the comment period.
Although the names and addresses of the AFOs will be available to the
public at that time, other information about the facility claimed as
CBI will continue to be handled in accordance with EPA's CBI
regulations. For those AFOs who furnish timely comments, EPA will
proceed to make a determination under 40 CFR 2.301(g) after the close
of the comment period.
Dated: May 9, 2006.
Robert A. Kaplan,
Director, Special Litigation and Project Division, Office of Civil
Enforcement, Office of Enforcement and Compliance Assurance.
[FR Doc. E6-7330 Filed 5-12-06; 8:45 am]
BILLING CODE 6560-50-P
