National Emission Standards for Hazardous Air Pollutants; Announcement of EPA Letter Addressing Recent Court Decision, 43124 [E9-20593]

Download as PDF 43124 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices List of Subjects Insecticide, Fungicide, and Rodenticide Act (FIFRA) or the Federal Food, Drug and Cosmetic Act (FFDCA). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. Dated: August 17, 2009. William R. Diamond, Director, Field and External Affairs Division, Office of Pesticide Programs. [FR Doc. E9–20605 Filed 8–25–09; 8:45 am] B. How Can I Get Copies of this Document and Other Related Information? [FRL–8949–9] 1. Docket. EPA has established a docket for this action under docket ID number EPA–HQ–OPP–2009–0008. Publicly available docket materials are available either in the electronic docket at https://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. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at https://www.epa.gov/fedrgstr. II. Tentative Agenda 1. Report from the new TPPC Administrator. 2. Report on the international IPM conference. 3. Presentation on the inspection needs of tribes along the Colorado River. 4. Updates from OPP and EPA’s Office of Enforcement and Compliance Assurance. 5. EPA Regional reports. 6. Discussion on the use of restricteduse pesticides in Indian country. 7. Tribal Caucus (TPPC only). jlentini on DSKJ8SOYB1PROD with NOTICES III. How Can I Request to Participate in this Meeting? If you wish to participate in this meeting, you may submit a request to the person listed under FOR FURTHER INFORMATION CONTACT. Do not submit any information in your request that is considered Confidential Business Information. Requests to participate in the meeting, identified by docket ID number EPA–HQ–OPP–2009–0008, must be received on or before September 8, 2009. VerDate Nov<24>2008 17:05 Aug 25, 2009 Jkt 217001 Environmental protection, pesticides and pests, Tribes. BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY National Emission Standards for Hazardous Air Pollutants; Announcement of EPA Letter Addressing Recent Court Decision AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: On December 19, 2008, the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) vacated two provisions in EPA’s General Provisions Rule promulgated under section 112 of the Clean Air Act that exempt sources from the requirement to comply with otherwise applicable section 112(d) emission standards during periods of startup, shutdown and malfunction. We are announcing the public availability of a letter that EPA has issued addressing concerns that have been raised regarding the impact of that decision if the mandate effectuating the vacatur issues. DATES: August 26, 2009, EPA announces the availability of EPA’s letter related to a recent court decision regarding 40 CFR 63.6(f)(1) and (h)(1). FOR FURTHER INFORMATION CONTACT: Mr. Charlie Garlow, U.S. EPA Office of Enforcement and Compliance Assurance, Office of Civil Enforcement, Air Enforcement Division (MAIL CODE 2242A), 1200 Pennsylvania Avenue, Washington, DC 20460, telephone number (202) 564–1088, fax number (202) 564–0068, e-mail address: garlow.charlie@epa.gov. EPA recently issued a letter, dated July 22, 2009, from Adam Kushner, Director, Office of Civil Enforcement, to various parties that addresses concerns that have been raised regarding the impact of the decision in Sierra Club v. EPA, 551 F.3d 1019 (DC Cir. 2008). In that decision, the United States Court of Appeals for the District of Columbia Circuit (DC Circuit) vacated 40 CFR 63.6(f)(1) and (h)(1), which are two provisions in EPA’s General Provisions SUPPLEMENTARY INFORMATION: PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 Rule promulgated under section 112 of the Clean Air Act that exempt sources from the requirement to comply with otherwise applicable section 112(d) emission standards during periods of startup, shutdown and malfunction. Industry Intervenors appealed the December 2008 Sierra Club decision by filing petitions for rehearing. On July 30, 2009, the DC Circuit denied these petitions. On August 5, 2009, EPA filed a motion seeking a 60-day stay of the mandate. On August 6, 2009, Industry Intervenors filed a motion to stay the mandate pending their appeal of the decision to the United States Supreme Court. Until the D.C. Circuit issues a mandate effectuating the vacatur, 40 CFR 63.6(f)(1) and (h)(1) remain in effect. EPA has posted a copy of the July 22, 2009 letter and a copy of the Sierra Club decision on the EPA Office of Enforcement and Compliance Assurance Web site at https://www.epa.gov/ compliance/civil/caa/ssm.html. EPA has also included on the Web site a copy of relevant pleadings in the Sierra Club litigation. EPA intends to update this Web site as appropriate with additional information relating to the Sierra Club decision. Dated: August 14, 2009. Cynthia Giles, Assistant Administrator, Office of Enforcement and Compliance Assurance. [FR Doc. E9–20593 Filed 8–25–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2009–0208; FRL–8429–6] Maneb; Product Cancellation Order AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces EPA’s order for the cancellations, voluntarily requested by the registrant and accepted by the Agency, of products containing the pesticide maneb, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a September 12, 2008 Federal Register Notice of Receipt of Requests from the United Phosphorous, Inc. registrant to voluntarily cancel all their maneb product registrations. These are not the last maneb products registered for use in the United States. In the September 12, 2008 notice, EPA indicated that it would issue an order implementing the cancellations, unless the Agency received substantive E:\FR\FM\26AUN1.SGM 26AUN1

Agencies

[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Notices]
[Page 43124]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20593]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8949-9]


National Emission Standards for Hazardous Air Pollutants; 
Announcement of EPA Letter Addressing Recent Court Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: On December 19, 2008, the United States Court of Appeals for 
the District of Columbia Circuit (DC Circuit) vacated two provisions in 
EPA's General Provisions Rule promulgated under section 112 of the 
Clean Air Act that exempt sources from the requirement to comply with 
otherwise applicable section 112(d) emission standards during periods 
of startup, shutdown and malfunction. We are announcing the public 
availability of a letter that EPA has issued addressing concerns that 
have been raised regarding the impact of that decision if the mandate 
effectuating the vacatur issues.

DATES: August 26, 2009, EPA announces the availability of EPA's letter 
related to a recent court decision regarding 40 CFR 63.6(f)(1) and 
(h)(1).

FOR FURTHER INFORMATION CONTACT: Mr. Charlie Garlow, U.S. EPA Office of 
Enforcement and Compliance Assurance, Office of Civil Enforcement, Air 
Enforcement Division (MAIL CODE 2242A), 1200 Pennsylvania Avenue, 
Washington, DC 20460, telephone number (202) 564-1088, fax number (202) 
564-0068, e-mail address: garlow.charlie@epa.gov.

SUPPLEMENTARY INFORMATION: EPA recently issued a letter, dated July 22, 
2009, from Adam Kushner, Director, Office of Civil Enforcement, to 
various parties that addresses concerns that have been raised regarding 
the impact of the decision in Sierra Club v. EPA, 551 F.3d 1019 (DC 
Cir. 2008). In that decision, the United States Court of Appeals for 
the District of Columbia Circuit (DC Circuit) vacated 40 CFR 63.6(f)(1) 
and (h)(1), which are two provisions in EPA's General Provisions Rule 
promulgated under section 112 of the Clean Air Act that exempt sources 
from the requirement to comply with otherwise applicable section 112(d) 
emission standards during periods of startup, shutdown and malfunction. 
Industry Intervenors appealed the December 2008 Sierra Club decision by 
filing petitions for rehearing. On July 30, 2009, the DC Circuit denied 
these petitions. On August 5, 2009, EPA filed a motion seeking a 60-day 
stay of the mandate. On August 6, 2009, Industry Intervenors filed a 
motion to stay the mandate pending their appeal of the decision to the 
United States Supreme Court. Until the D.C. Circuit issues a mandate 
effectuating the vacatur, 40 CFR 63.6(f)(1) and (h)(1) remain in 
effect. EPA has posted a copy of the July 22, 2009 letter and a copy of 
the Sierra Club decision on the EPA Office of Enforcement and 
Compliance Assurance Web site at https://www.epa.gov/compliance/civil/caa/ssm.html. EPA has also included on the Web site a copy of relevant 
pleadings in the Sierra Club litigation. EPA intends to update this Web 
site as appropriate with additional information relating to the Sierra 
Club decision.

    Dated: August 14, 2009.
Cynthia Giles,
Assistant Administrator, Office of Enforcement and Compliance 
Assurance.
[FR Doc. E9-20593 Filed 8-25-09; 8:45 am]
BILLING CODE 6560-50-P
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