Proposed Settlement Agreement and Consent Decree, Clean Air Act Citizen Suit, 11886-11887 [2010-5483]
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srobinson on DSKHWCL6B1PROD with NOTICES
11886
Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices
17. Registration Number/File Symbol:
10163–277. Docket Number: EPA–HQ–
OPP–2009–0325. Company Name and
Address: Gowan Company, 370 South
Main Street, Yuma, AZ 85364. Active
Ingredient: Hexythiazox. Proposed Uses:
Sweet corn; beans, dry; beans,
succulent; fruit, stone, Crop Group 12.
Contact: Olga Odiott, (703) 308–9369,
odiott.olga@epa.gov.
18. Registration Number/File Symbol:
10163–283. Docket Number: EPA–HQ–
OPP–2009–0836. Company Name and
Address: Gowan Company, 370 South
Main Street, Yuma, AZ 85366. Active
Ingredient: EPTC. Proposed Uses:
Regionally-restricted pre-plant and preemergence applications to established
seed production grass fields in the states
of Idaho, Oregon, and Washington for
control of annual bluegrass. Contact:
Bethany Benbow, (703) 347–8072,
benbow.bethany@epa.gov.
19. Registration Number/File Symbol:
59639–35. Docket Number: EPA–HQ–
OPP–2009–0644. Company Name and
Address: Valent U.S.A. Corporation,
P.O. Box 8025, Walnut Creek, CA 94596.
Active Ingredient: Fenpropathrin.
Proposed Uses: Tropical fruits: guava,
acerola, feijoa, jaboticaba, passionfruit,
starfruit, wax jambu, lychee, longan,
Spanish lime, pulasan, rambutan, sugar
apple, atemoya, biriba, cherimoya,
custard apple, ilama and soursop; tea.
Contact: Olga Odiott, (703) 308–9369,
odiott.olga@epa.gov.
20. Registration Number/File Symbol:
62719–387, 62719–396 and 62719–402.
Docket Number: EPA–HQ–OPP–2005–
0307. Company Name and Address:
Dow AgroSciences, LLC, 9330
Zionsville Road, Indianapolis, IN
46268–1054. Active Ingredient:
Mancozeb. Proposed Uses: Almonds,
broccoli, cabbage, lettuce, pepper.
tropical fruits, sugar apple, ginseng,
cucurbit vegetables. Contact: Lisa Jones,
(703) 308–9424, jones.lisa@epa.gov.
21. Registration Number/File Symbol:
66330–64, 66330–65. Docket Number:
EPA–HQ–OPP–2009–0677. Company
Name and Address: Arysta LifeScience
North America, 15401 Weston Parkway,
Suite 150, Cary, NC 27513. Active
Ingredient: Fluoxastrobin. Proposed
Uses: Sweet corn, wheat. Contact: John
Bazuin, (703) 305–7381,
bazuin.john@epa.gov.
22. Registration Number/File Symbol:
70506–183, 70506–185, 70506–194.
Docket Number: EPA-HQ–OPP–2005–
0307. Company Name and Address:
United Phosphorus, Inc., 630 Freedom
Business Center, Suite 402, King of
Prussia, PA 19406. Active Ingredient:
Mancozeb. Proposed Uses: Tropical
fruits, sugar apple, ginseng, cucurbit
VerDate Nov<24>2008
17:18 Mar 11, 2010
Jkt 220001
vegetables. Contact: Lisa Jones, (703)
308–9424, jones.lisa@epa.gov.
23. Registration Number/File Symbol:
72642–0. Docket Number: EPA–HQ–
OPP–2008–0688. Company Name and
Address: Elanco Animal Health, A
Division of Eli Lilly and Company, 2001
W. Main Street, Greenfield, IN 46140.
Active Ingredient: Spinetoram. Proposed
Use: Spot-on for cats and kittens.
Contact: Samantha Hulkower, (703)
603–0683,
hulkower.samantha@epa.gov.
List of Subjects
Environmental protection, Pesticides
and pest.
Dated: March 1, 2010.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. 2010–5488 Filed 3–11–10; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9126–6]
Proposed Settlement Agreement and
Consent Decree, Clean Air Act Citizen
Suit
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of proposed settlement
agreement and consent decree; 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 and consent decree, to
address a lawsuit filed by Wildearth
Guardians: Wildearth Guardians v.
Jackson, Civil Action No. 09–cv–02148–
REB–MJW (D. Col.). On or about
October 22, 2009, Wildearth Guardians
filed an amended complaint alleging
that EPA Administrator Jackson failed to
comply with a mandatory duty to fully
or partially approve or disapprove State
Implementation Plan (SIP) submissions
from the States of Colorado, Montana,
New Mexico and Utah within the time
frame required by section 110(k)(2) of
the Act and asking the court to enter
judgment providing: (i) A declaration
that EPA has violated and continues to
violate the Act by failing to take final
action on the SIP submittals; and, (ii)
An injunction compelling EPA to take
final action on the SIP submittals by a
date certain with interim deadlines to
assure compliance with the court’s
order. Under the terms of the proposed
settlement agreement and consent
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
decree, EPA agrees to sign a proposed
action on certain of the SIP submittals
by the date specified for the particular
submittal and to take final action on
each of the SIP submittals by the date
specified for the particular submittal.
DATES: Written comments on the
proposed settlement agreement and
consent decree must be received by
April 12, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID number EPA–
HQ–OGC–2010–0221, online at
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: Rick
Vetter, Air and Radiation Law Office
(2344A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone: (919) 541–2127;
fax number (919) 541–4991; e-mail
address: vetter.rick@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the
Proposed Settlement or Consent Decree
On October 22, 2009, Wildearth
Guardians, a non-profit conservation
organization, filed an amended
complaint in the United States District
Court for the District of Colorado (Civil
Action No. 09–cv–02148–REB–MJW). In
the amended complaint, Wildearth
Guardians alleges that EPA has failed to
take action to approve or disapprove, in
whole or in part, a number of State
Implementation Plan (‘‘SIP’’)
submissions from the States of
Colorado, Montana, New Mexico and
Utah within the time frame required by
section 110(k)(2) of the Clean Air Act,
42 U.S.C. 7410(k)(2), in violation of its
non-discretionary duty to take such
action within that time frame. The
amended complaint identifies a total of
55 SIP submittals (10 from Colorado, 12
from Montana, 7 from Utah and 26 from
New Mexico) on which EPA is alleged
to have failed to take timely action.
The EPA elected to use both a
settlement agreement and a consent
E:\FR\FM\12MRN1.SGM
12MRN1
Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices
decree to document its agreement with
Wildearth Guardians. Both documents
identify each individual SIP submittal
that is addressed in the particular
document. For some of the submittals
the relevant document specifies both a
date for signature on a proposed action
and a date for signature on a final
action, while for others, the relevant
document only specifies a date for
signature on a final action. The earliest
date by which signature on a final
action is required is 12/31/2010 and the
latest date by which signature on a final
action is required is 6/29/2012.
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 and consent
decree 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 and/or consent
decree 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 and/or consent
decree should be withdrawn, the terms
of the agreement and decree will be
affirmed.
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.
II. Additional Information About
Commenting on the Proposed
Settlement Agreement and/or Consent
Decree
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
srobinson on DSKHWCL6B1PROD with NOTICES
A. How Can I Get a Copy of the
Settlement Agreement and/or Consent
Decree?
Direct your comments to the official
public docket for this action under
Docket ID No. EPA–HQ–OGC–2010–
0221 which contains a copy of both the
settlement agreement and the consent
decree. 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
VerDate Nov<24>2008
17:18 Mar 11, 2010
Jkt 220001
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
11887
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, 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 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: March 8, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010–5483 Filed 3–11–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Sunshine Act Meeting; Open
Commission Meeting; Tuesday, March
16, 2010
Date: March 9, 2010.
The Federal Communications
Commission will hold an Open Meeting
on the subject listed below on Tuesday,
March 16, 2010, which is scheduled to
commence at 10:30 in Room TW–C305,
at 445 12th Street, SW., Washington,
DC.
With respect to the item on the open
meeting agenda, the Commission, on its
own motion, is waiving the prohibition
on ex parte presentations that normally
applies during the Sunshine period. 47
C.F.R. §§ 1.1200(a), 1.1203. Parties that
make ex parte presentations that would
otherwise be subject to disclosure
requirements must continue to disclose
them during the Sunshine period. Id. §
1.1206(b).
The meeting will include a
presentation of the National Broadband
Plan.
E:\FR\FM\12MRN1.SGM
12MRN1
Agencies
[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Notices]
[Pages 11886-11887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5483]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9126-6]
Proposed Settlement Agreement and Consent Decree, Clean Air Act
Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed settlement agreement and consent decree;
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 and consent decree, to address a lawsuit
filed by Wildearth Guardians: Wildearth Guardians v. Jackson, Civil
Action No. 09-cv-02148-REB-MJW (D. Col.). On or about October 22, 2009,
Wildearth Guardians filed an amended complaint alleging that EPA
Administrator Jackson failed to comply with a mandatory duty to fully
or partially approve or disapprove State Implementation Plan (SIP)
submissions from the States of Colorado, Montana, New Mexico and Utah
within the time frame required by section 110(k)(2) of the Act and
asking the court to enter judgment providing: (i) A declaration that
EPA has violated and continues to violate the Act by failing to take
final action on the SIP submittals; and, (ii) An injunction compelling
EPA to take final action on the SIP submittals by a date certain with
interim deadlines to assure compliance with the court's order. Under
the terms of the proposed settlement agreement and consent decree, EPA
agrees to sign a proposed action on certain of the SIP submittals by
the date specified for the particular submittal and to take final
action on each of the SIP submittals by the date specified for the
particular submittal.
DATES: Written comments on the proposed settlement agreement and
consent decree must be received by April 12, 2010.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-0221, online at 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: Rick Vetter, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: (919) 541-2127; fax number (919) 541-4991; e-mail address:
vetter.rick@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Additional Information About the Proposed Settlement or Consent
Decree
On October 22, 2009, Wildearth Guardians, a non-profit conservation
organization, filed an amended complaint in the United States District
Court for the District of Colorado (Civil Action No. 09-cv-02148-REB-
MJW). In the amended complaint, Wildearth Guardians alleges that EPA
has failed to take action to approve or disapprove, in whole or in
part, a number of State Implementation Plan (``SIP'') submissions from
the States of Colorado, Montana, New Mexico and Utah within the time
frame required by section 110(k)(2) of the Clean Air Act, 42 U.S.C.
7410(k)(2), in violation of its non-discretionary duty to take such
action within that time frame. The amended complaint identifies a total
of 55 SIP submittals (10 from Colorado, 12 from Montana, 7 from Utah
and 26 from New Mexico) on which EPA is alleged to have failed to take
timely action.
The EPA elected to use both a settlement agreement and a consent
[[Page 11887]]
decree to document its agreement with Wildearth Guardians. Both
documents identify each individual SIP submittal that is addressed in
the particular document. For some of the submittals the relevant
document specifies both a date for signature on a proposed action and a
date for signature on a final action, while for others, the relevant
document only specifies a date for signature on a final action. The
earliest date by which signature on a final action is required is 12/
31/2010 and the latest date by which signature on a final action is
required is 6/29/2012.
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 and consent decree 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 and/or consent decree 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 and/or consent decree should be withdrawn,
the terms of the agreement and decree will be affirmed.
II. Additional Information About Commenting on the Proposed Settlement
Agreement and/or Consent Decree
A. How Can I Get a Copy of the Settlement Agreement and/or Consent
Decree?
Direct your comments to the official public docket for this action
under Docket ID No. EPA-HQ-OGC-2010-0221 which contains a copy of both
the settlement agreement and the consent decree. 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 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 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
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: March 8, 2010.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. 2010-5483 Filed 3-11-10; 8:45 am]
BILLING CODE 6560-50-P