Proposed Consent Decree, Clean Air Act Citizen Suit, 23560-23561 [2013-09292]
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23560
Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Notices
7. EPA File Symbol: 100–RUTU.
Docket ID Number: EPA–HQ–OPP–
2013–0141. Applicant: Syngenta Crop
Protection LLC., P.O. Box 18300,
Greensboro, NC 27419–8300. Active
ingredient: Benzovindiflupyr and
Azoxystrobin. Product Type: Fungicide.
Proposed Use: Turf. Contact: Shaunta
Hill, (RD), (703) 347–8961, email
address: hill.shaunta@epa.gov.
8. EPA File Symbol: 100–RUTO.
Docket ID Number: EPA–HQ–OPP–
2013–0141. Applicant: Syngenta Crop
Protection LLC., P.O. Box 18300,
Greensboro, NC 27419–8300. Active
ingredient: Benzovindiflupyr and
Azoxystrobin. Product Type: Fungicide.
Proposed Use: Ornamentals. Contact:
Shaunta Hill, (RD), (703) 347–8961,
email address: hill.shaunta@epa.gov.
9. EPA File Symbol: 100–RUTL.
Docket ID Number: EPA–HQ–OPP–
2013–0141. Applicant: Syngenta Crop
Protection LLC., P.O. Box 18300,
Greensboro, NC 27419–8300. Active
ingredient: Benzovindiflupyr and
Propiconazole. Product Type:
Fungicide. Proposed Use: Terrestrial
food crops. Contact: Shaunta Hill, (RD),
(703) 347–8961, email address:
hill.shaunta@epa.gov.
10. EPA File Symbol: 264–RRAU.
Docket ID Number: EPA–HQ–OPP–
2013–0160. Applicant: Bayer
CropScience LP, P.O. Box 12014, 2 T.W.
Alexander Drive, Research Triangle
Park, NC 27709. Active ingredient:
Streptomyces microflavus strain AQ
6121. Product Type: e.g., Insecticide/
Miticide. Proposed Uses: Terrestrial
food crops. Contact: Michael Glikes,
(BPPD), (703) 305–6231, email address:
glikes.michael@epa.gov.
11. EPA File Symbols: 10163–GET
and 10163–GEI. Docket ID Number:
EPA–HQ–OPP–2013–0186. Applicant:
Gowan Company, P.O. Box 5569, Yuma,
AZ 85366. Active ingredient:
Benzobicyclon. Product Type:
Herbicide. Proposed Uses: For use only
in California: Post-flooding rice paddy
fields. Contact: Emily Hartman, (RD),
(703) 347–0189, email address:
hartman.emily@epa.gov.
12. EPA File Symbols: 71512–ER,
71512–EE, and 71512–EG. Docket ID
Number: EPA–HQ–OPP–2013–0138.
Applicant: ISK Biosciences, 7470
Auburn Road, Suite A, Concord, OH
44077. Active Ingredient: Isofetamid.
Product Type: Fungicide. Proposed Use:
Almonds; Lettuce (head and leaf); Small
Fruit Vine Climbing, Subgroup 13–07F;
Low growing Berry, Subgroup 13–07G;
and Rapeseed, Subgroup 20A. Contact:
Dominic Schuler, (RD), (703) 347–0260,
email address:
schuler.dominic@epa.gov.
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13. EPA File Symbol: 87978–R. Docket
ID Number: EPA–HQ–OPP–2013–0099.
Applicant: AgBiTech Pty. Ltd., 8 Rocla
Court, Glenvale, Queensland, Australia,
4350, c/o MacIntosh Associates, Inc.,
1203 Hartford Avenue, Saint Paul, MN
55116. Active Ingredient: Helicoverpa
zea Nucleopolyhedrovirus. Product
Type: Insecticide. Proposed Use:
Agriculture (outdoors). Contact: Michael
Glikes, (BPPD), (703) 305–6231, email
address: glikes.michael@epa.gov.
14. EPA File Symbol: 88347–G.
Docket ID Number: EPA–HQ–OPP–
2011–0862. Applicant: Phyllom LLC,
922 San Leandro Ave., Suite F,
Mountain View, CA 94043. Active
Ingredient: Bacillus thuringiensis subsp.
galleriae strain SDS–502 at 85.0%.
Proposed Use: For control of certain
beetle pests, including those in the
families Buprestidae, Scarabaeidae, and
Curculionidae, on ornamentals and
select crops for food and animal feed
uses in poultry premises. Contact:
Jeannine Kausch, (BPPD), (703) 347–
8920, email address:
kausch.jeannine@epa.gov. Note: In the
Federal Register of February 29, 2012
(77 FR 12295)(FRL–9332–8), EPA
announced receipt of two other
applications to register pesticide
products containing this new active
ingredient.
List of Subjects
Environmental protection, Pesticides
and pest.
Dated: April 12, 2013.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office
of Pesticide Programs.
[FR Doc. 2013–09275 Filed 4–18–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9803–7]
Proposed Consent Decree, Clean Air
Act Citizen Suit
Environmental Protection
Agency (EPA).
ACTION: Notice of proposed consent
decree; request for public comment.
AGENCY:
In accordance with the Clean
Air Act, as amended (‘‘CAA’’), notice is
hereby given of a proposed consent
decree to resolve a lawsuit filed by the
Center for Biological Diversity and the
Center for Environmental Health
(‘‘Plaintiffs’’) in the United States
District Court for the Northern District
of California: Center for Biological
Diversity, et al. v. Jackson, No. C–12–
SUMMARY:
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
04968 JWT (N.D. CA.). On September
24, 2012, Plaintiffs filed a complaint
alleging that EPA failed to make a
finding of failure to submit
infrastructure state implementation
plans (SIPs) for Colorado, Hawaii,
Illinois, Maryland, Massachusetts, New
Jersey, Oklahoma, Oregon,
Pennsylvania, South Dakota, Vermont,
and Washington with regard to the 2008
lead National Ambient Air Quality
Standard (2008 lead NAAQS) by the
statutory deadline established by CAA.
Plaintiffs’ complaint also alleged that
EPA failed to take final action on the
infrastructure SIP submitted by
Tennessee with regard to the 2008 Lead
NAAQs by the statutory deadline
established by CAA. In addition, the
complaint alleges that EPA failed to
determine whether the Herculaneum
nonattainment area, in Jefferson County,
Missouri attained the 1978 lead
National Ambient Air Quality Standard
(1978 lead NAAQS) by its attainment
date as mandated by CAA. The
proposed consent decree establishes a
deadline of August 15, 2013 for EPA to
take action with respect to the
Tennessee infrastructure SIP and the
Herculaneum nonattainment area.
Written comments on the
proposed consent decree must be
received by May 20, 2013.
DATES:
Submit your comments,
identified by Docket ID number EPA–
HQ–OGC–2013–0236, online at
www.regulations.gov (EPA’s preferred
method); by email to
oei.docket@epa.gov; mailed 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
David Orlin, Air and Radiation Law
Office (2344A), Office of General
Counsel, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone: (202)
564–1222; fax number (202) 564–5601;
email address: orlin.david@epa.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\19APN1.SGM
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Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
I. Additional Information About the
Proposed Consent Decree
The proposed consent decree would
resolve a lawsuit filed by Plaintiffs
seeking to compel the Agency to satisfy
certain mandatory duties under the
Clean Air Act. The proposed consent
decree provides that no later than
August 15, 2013, EPA shall sign for
publication in the Federal Register a
notice of EPA’s action approving,
disapproving, or approving in part and
disapproving in part the infrastructure
SIP for the 2008 lead NAAQS submitted
by Tennessee. In addition, the proposed
consent decree provides that no later
than August 15, 2013, EPA shall sign for
publication in the Federal Register a
notice of EPA’s determination whether
the Herculaneum nonattainment area, in
Jefferson County, Missouri attained the
1978 lead NAAQS by its attainment
date, unless as of that date, EPA issues
a determination that it has received
from Missouri a nonattainment area SIP
for the 2008 lead NAAQS for the
Herculaneum nonattainment area which
meets the requirements of 40 CFR
51.103(a) or EPA signs for publication in
the Federal Register a notice finding
that Missouri has failed to submit a
complete nonattainment area SIP for the
2008 lead NAAQS for the Herculaneum
nonattainment area. The proposed
consent decree also notes that on
February 15, 2013, EPA signed a notice
making certain findings that the States
of Hawaii, Illinois, Massachusetts, New
Jersey, Oregon, Vermont and
Washington had failed to submit
complete infrastructure SIPs for the
2008 lead NAAQS, and noted that as of
February 14, 2013, Colorado, Maryland,
Oklahoma, Pennsylvania, and South
Dakota had submitted complete
infrastructure SIPs for the 2008 lead
NAAQS.
Following signature of each final
action described in the proposed
consent decree, EPA shall promptly
deliver notice of such action to the
Office of the Federal Register for review
and publication in the Federal Register.
After EPA fulfills its obligations under
the consent decree, the consent decree
provides that this case shall be
dismissed with prejudice.
The proposed consent decree also
states that that the consent decree can
be modified by the parties, or by the
court following a motion by a party and
a response thereto. In addition, the
parties agree to seek to resolve
informally Plaintiffs’ claim for litigation
costs pursuant to 42 U.S.C. 7604(d), but
the court would retain jurisdiction to
resolve that claim.
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17:11 Apr 18, 2013
Jkt 229001
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
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
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 that consent to this consent
decree should be withdrawn, the terms
of the decree will be affirmed.
II. Additional Information About
Commenting on the Proposed Consent
Decree
A. How can I get a copy of the consent
decree?
The official public docket for this
action (identified by Docket ID No.
EPA–HQ–OGC- 2013–0236) contains a
copy of the proposed 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
PO 00000
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Fmt 4703
Sfmt 9990
23561
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 email
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, email 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 (email)
system is not an ‘‘anonymous access’’
system. If you send an email 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: April 8, 2013.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013–09292 Filed 4–18–13; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\19APN1.SGM
19APN1
]]>Agencies
[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Notices]
[Pages 23560-23561]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09292]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9803-7]
Proposed Consent Decree, Clean Air Act Citizen Suit
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed consent decree; request for public comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Clean Air Act, as amended (``CAA''),
notice is hereby given of a proposed consent decree to resolve a
lawsuit filed by the Center for Biological Diversity and the Center for
Environmental Health (``Plaintiffs'') in the United States District
Court for the Northern District of California: Center for Biological
Diversity, et al. v. Jackson, No. C-12-04968 JWT (N.D. CA.). On
September 24, 2012, Plaintiffs filed a complaint alleging that EPA
failed to make a finding of failure to submit infrastructure state
implementation plans (SIPs) for Colorado, Hawaii, Illinois, Maryland,
Massachusetts, New Jersey, Oklahoma, Oregon, Pennsylvania, South
Dakota, Vermont, and Washington with regard to the 2008 lead National
Ambient Air Quality Standard (2008 lead NAAQS) by the statutory
deadline established by CAA. Plaintiffs' complaint also alleged that
EPA failed to take final action on the infrastructure SIP submitted by
Tennessee with regard to the 2008 Lead NAAQs by the statutory deadline
established by CAA. In addition, the complaint alleges that EPA failed
to determine whether the Herculaneum nonattainment area, in Jefferson
County, Missouri attained the 1978 lead National Ambient Air Quality
Standard (1978 lead NAAQS) by its attainment date as mandated by CAA.
The proposed consent decree establishes a deadline of August 15, 2013
for EPA to take action with respect to the Tennessee infrastructure SIP
and the Herculaneum nonattainment area.
DATES: Written comments on the proposed consent decree must be received
by May 20, 2013.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2013-0236, online at www.regulations.gov (EPA's preferred method);
by email to oei.docket@epa.gov; mailed 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: David Orlin, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460;
telephone: (202) 564-1222; fax number (202) 564-5601; email address:
orlin.david@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 23561]]
I. Additional Information About the Proposed Consent Decree
The proposed consent decree would resolve a lawsuit filed by
Plaintiffs seeking to compel the Agency to satisfy certain mandatory
duties under the Clean Air Act. The proposed consent decree provides
that no later than August 15, 2013, EPA shall sign for publication in
the Federal Register a notice of EPA's action approving, disapproving,
or approving in part and disapproving in part the infrastructure SIP
for the 2008 lead NAAQS submitted by Tennessee. In addition, the
proposed consent decree provides that no later than August 15, 2013,
EPA shall sign for publication in the Federal Register a notice of
EPA's determination whether the Herculaneum nonattainment area, in
Jefferson County, Missouri attained the 1978 lead NAAQS by its
attainment date, unless as of that date, EPA issues a determination
that it has received from Missouri a nonattainment area SIP for the
2008 lead NAAQS for the Herculaneum nonattainment area which meets the
requirements of 40 CFR 51.103(a) or EPA signs for publication in the
Federal Register a notice finding that Missouri has failed to submit a
complete nonattainment area SIP for the 2008 lead NAAQS for the
Herculaneum nonattainment area. The proposed consent decree also notes
that on February 15, 2013, EPA signed a notice making certain findings
that the States of Hawaii, Illinois, Massachusetts, New Jersey, Oregon,
Vermont and Washington had failed to submit complete infrastructure
SIPs for the 2008 lead NAAQS, and noted that as of February 14, 2013,
Colorado, Maryland, Oklahoma, Pennsylvania, and South Dakota had
submitted complete infrastructure SIPs for the 2008 lead NAAQS.
Following signature of each final action described in the proposed
consent decree, EPA shall promptly deliver notice of such action to the
Office of the Federal Register for review and publication in the
Federal Register. After EPA fulfills its obligations under the consent
decree, the consent decree provides that this case shall be dismissed
with prejudice.
The proposed consent decree also states that that the consent
decree can be modified by the parties, or by the court following a
motion by a party and a response thereto. In addition, the parties
agree to seek to resolve informally Plaintiffs' claim for litigation
costs pursuant to 42 U.S.C. 7604(d), but the court would retain
jurisdiction to resolve that claim.
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 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 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 that consent to this consent decree should be
withdrawn, the terms of the decree will be affirmed.
II. Additional Information About Commenting on the Proposed Consent
Decree
A. How can I get a copy of the consent decree?
The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC- 2013-0236) contains a copy of the proposed 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 email 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, email 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
(email) system is not an ``anonymous access'' system. If you send an
email 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: April 8, 2013.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2013-09292 Filed 4-18-13; 8:45 am]
BILLING CODE 6560-50-P
