Proposed Consent Decree, Clean Air Act Citizen Suit, 61864-61865 [2014-24472]

Download as PDF 61864 Federal Register / Vol. 79, No. 199 / Wednesday, October 15, 2014 / Notices if the EPA Administrator determines that emergency conditions exist which require the exemption. NASA has requested the EPA Administrator to issue a specific exemption for the use of OPA in the International Space Station IATCS coolant to control aerobic/ microaerophilic water bacteria. Information in accordance with 40 CFR part 166 was submitted as part of this request. As part of this request, the applicant asserts that OPA is the most effective biocide which meets the requisite criteria including: The need for safe, non-intrusive implementation and operation in a functioning system; the ability to control existing planktonic and biofilm residing micro-organisms; a negligible impact on system-wetted materials of construction; and a negligible reactivity with existing coolant additives. Non-use of OPA in the requested manner would leave NASA’s International Space Station without an adequate long-term solution for controlling the micro-organisms in the coolant systems. The Applicant proposes to make no more than one application of OPA/loop in the International Space Station IATCS coolant including the U.S. Laboratory, the Japanese Experiment Module, the Columbus and the Node 3 with a total volume not to exceed 829 L with a maximum of 984 cm3 OPA resin. This notice does not constitute a decision by EPA on the application itself. The regulations governing FIFRA section 18 require publication of a notice of receipt of an application for a specific exemption proposing use of a new chemical (i.e., an active ingredient) which has not been registered by EPA. The notice provides an opportunity for public comment on the application. The Agency, will review and consider all comments received during the comment period in determining whether to issue the specific exemption requested by the National Aeronautics and Space Administration. tkelley on DSK3SPTVN1PROD with NOTICES Authority: 7 U.S.C. 136 et seq. Dated: October 6, 2014. Daniel J. Rosenblatt, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2014–24351 Filed 10–14–14; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 18:00 Oct 14, 2014 Jkt 235001 ENVIRONMENTAL PROTECTION AGENCY email address: hogan.stephanie@epa.gov. [FRL–9917–94–OGC] SUPPLEMENTARY INFORMATION: Proposed Consent Decree, Clean Air Act Citizen Suit Environmental Protection Agency. ACTION: Notice of proposed consent decree; request for public comment. AGENCY: In accordance with section 113(g) of the Clean Air Act, as amended (‘‘CAA’’ or the ‘‘Act’’), notice is hereby given of a proposed consent decree to address a lawsuit filed by the State of Wyoming in the United States District Court for the District of Wyoming: Wyoming v. McCarthy, Civil Action No. 2:14–cv–00042–NDF (D.Wyo.). On February 25, 2014, Plaintiff filed a complaint which alleged that Gina McCarthy, in her official capacity as Administrator of the United States Environmental Protection Agency (‘‘EPA’’), failed to perform a nondiscretionary duty to approve, disapprove, approve in part and disapprove in part, or conditionally approve Wyoming’s nonattainment new source review state implementation plan (‘‘NNSR SIP’’) within one year of the date it was deemed complete by operation of law. The proposed consent decree would establish a deadline for EPA to take this action. DATES: Written comments on the proposed consent decree must be received by November 14, 2014. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2014–0752, online at www.regulations.gov (EPA’s preferred method); by email 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: Stephanie L. Hogan, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564–3244; fax number: (202) 564–5603; SUMMARY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 I. Additional Information About the Proposed Consent Decree The proposed consent decree would resolve a lawsuit filed by the State of Wyoming seeking to compel the Administrator to take action under CAA sections 110(k). Under the terms of the proposed consent decree, EPA would agree to sign a notice by no later than December 12, 2014, to approve, disapprove, approve in part and disapprove in part, or conditionally approve the NNSR SIP. Under the terms of the proposed consent decree, EPA will deliver notice of the action to the Office of the Federal Register for review and publication within 15 days of signature. In addition, the proposed consent decree indicates that the State of Wyoming does not seek payment of the costs of litigation. 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 are 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 consent 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 EPA–HQ–OGC– 2014–0752) 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 E:\FR\FM\15OCN1.SGM 15OCN1 Federal Register / Vol. 79, No. 199 / Wednesday, October 15, 2014 / Notices tkelley on DSK3SPTVN1PROD with NOTICES www.regulations.gov. You may use www.regulations.gov to submit or view public comments, access the index listing of the contents of the official public docket, and 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, confidential business information (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. VerDate Sep<11>2014 18:00 Oct 14, 2014 Jkt 235001 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: October 2, 2014. Lorie J. Schmidt, Associate General Counsel. [FR Doc. 2014–24472 Filed 10–14–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2014–0748; FRL–9917–58] Agricultural Pesticide Spray Drift Reduction Technologies Voluntary Program Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: EPA’s Office of Pesticides Programs (OPP) is announcing a voluntary program to document the effectiveness of agricultural pesticide spray application technologies on reducing pesticide spray drift. Under the Drift Reduction Technology (DRT) Program, agricultural equipment manufacturers would conduct (or make arrangements for a testing facility to conduct) studies to determine the percent drift reduction according to a verification protocol. Once completed, the manufacturer would submit the study to EPA for review and evaluation. As verified, these reductions could then be quantitatively credited in the environmental risk assessments used to develop the drift reduction measures appearing on the label of the pesticide product. FOR FURTHER INFORMATION CONTACT: Jay Ellenberger, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 305–7099; email address: ellenberger.jay@epa.gov. SUMMARY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 61865 SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are a pesticide application equipment manufacturer, chemical manufacturer, pesticide registrant, university researcher, or have an interest in reducing spray drift. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Producers of pesticide products (NAICS code 32532). • Research and development in the physical, engineering, and life sciences (NAICS code 541710). • Colleges, universities, and professional schools (NAICS code 611310). B. How can I get copies of this document and other related information? The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2014–0748, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460–0001. The 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 OPP Docket is (703) 305–5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. II. Background A. What is the Drift Reduction Technology Program? Since 2006, EPA has worked collaboratively with other government agencies, industry, and academia to develop a verification protocol for quantitating the percent drift reduction for a particular application technology. With this notice, EPA is announcing a voluntary program based on this verification protocol to promote the use of technologies that have demonstrated their effectiveness in reducing the drift of agricultural pesticide spray application technologies. The benefits of this voluntary program include reduced loss of pesticide from site of application, E:\FR\FM\15OCN1.SGM 15OCN1

Agencies

[Federal Register Volume 79, Number 199 (Wednesday, October 15, 2014)]
[Notices]
[Pages 61864-61865]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24472]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9917-94-OGC]


Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed consent decree; request for public comment.

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

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``CAA'' or the ``Act''), notice is hereby given of a proposed 
consent decree to address a lawsuit filed by the State of Wyoming in 
the United States District Court for the District of Wyoming: Wyoming 
v. McCarthy, Civil Action No. 2:14-cv-00042-NDF (D.Wyo.). On February 
25, 2014, Plaintiff filed a complaint which alleged that Gina McCarthy, 
in her official capacity as Administrator of the United States 
Environmental Protection Agency (``EPA''), failed to perform a 
nondiscretionary duty to approve, disapprove, approve in part and 
disapprove in part, or conditionally approve Wyoming's nonattainment 
new source review state implementation plan (``NNSR SIP'') within one 
year of the date it was deemed complete by operation of law. The 
proposed consent decree would establish a deadline for EPA to take this 
action.

DATES: Written comments on the proposed consent decree must be received 
by November 14, 2014.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2014-0752, online at www.regulations.gov (EPA's preferred method); 
by email 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: Stephanie L. Hogan, Air and Radiation 
Law Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone: (202) 564-3244; fax number: (202) 564-5603; email address: 
hogan.stephanie@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit filed by the 
State of Wyoming seeking to compel the Administrator to take action 
under CAA sections 110(k). Under the terms of the proposed consent 
decree, EPA would agree to sign a notice by no later than December 12, 
2014, to approve, disapprove, approve in part and disapprove in part, 
or conditionally approve the NNSR SIP. Under the terms of the proposed 
consent decree, EPA will deliver notice of the action to the Office of 
the Federal Register for review and publication within 15 days of 
signature. In addition, the proposed consent decree indicates that the 
State of Wyoming does not seek payment of the costs of litigation.
    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 are 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 consent 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 EPA-HQ-
OGC-2014-0752) 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

[[Page 61865]]

www.regulations.gov. You may use www.regulations.gov to submit or view 
public comments, access the index listing of the contents of the 
official public docket, and 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, confidential business 
information (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: October 2, 2014.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2014-24472 Filed 10-14-14; 8:45 am]
BILLING CODE 6560-50-P