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Federal Register / Vol. 70, No.

244 / Wednesday, December 21, 2005 / Notices 75797

reinstatement); (5) response obligation pollutants contained in section 112(b)(3) For a period of thirty (30) days
(i.e., mandatory, voluntary, or required of the Clean Air Act (‘‘CAA’’). Under the following the date of publication of this
to obtain or retain benefits); (6) a terms of the proposed consent decree, notice, the Agency will receive written
description of the need for and by June 12, 2006, EPA shall either deny comments relating to the proposed
proposed use of the information; (7) a or propose to grant Environmental consent decree from persons who were
categorical description of the likely Defense’s petition to list diesel exhaust not named as parties or interveners to
respondents; and (8) an estimate of the as a hazardous air pollutant. If EPA the litigation in question. EPA or the
total annual reporting burden (i.e., the proposes to grant the petition, then by Department of Justice may withdraw or
estimated number of likely respondents May, 2007, EPA shall either grant or withhold consent to the proposed
times the proposed frequency of deny the petition. consent decree if the comments disclose
response per year times the average DATES: Written comments on the facts or considerations that indicate that
hours per response). proposed consent decree must be such consent is inappropriate,
1. ERA–766R. received by January 20, 2006. improper, inadequate, or inconsistent
2. General Counsel. with the requirements of the Act. Unless
ADDRESSES: Submit your comments,
3. OMB Number 1903–0073. EPA or the Department of Justice
4. Three-year approval requested. identified by Docket ID number EPA–
determine, based on any comment
5. Mandatory. HQ–OGC–2005–0473, online at http://
which may be submitted, that consent to
6. The ERA–766R is the www.regulations.gov (EPA’s preferred
the consent decree should be
recordkeeping requirements contained method); by e-mail to
withdrawn, the terms of the decree will
in 10 CFR 210.1 of DOE’s General oei.docket@epa.gov; mailed to EPA
be affirmed.
Allocation and Price Rules. The data are Docket Center, Environmental
used to help DOE’s General Counsel in Protection Agency, Mailcode: 2822T, II. Additional Information About
its efforts to complete the enforcement 1200 Pennsylvania Ave., NW., Commenting on the Proposed Consent
program with respect to prior petroleum Washington, DC 20460–0001; or by Decree
price and allocation regulations. No data hand delivery or courier to EPA Docket A. How Can I Get a Copy of the Consent
are submitted; only maintenance of Center, EPA West, Room B102, 1301 Decree?
records is required. Constitution Ave., NW., Washington,
DC, between 8:30 a.m. and 4:30 p.m. Direct your comments to the official
7. Business or other for-profit.
Monday through Friday, excluding legal public docket for this action under
8. 4 hours.
holidays. Comments on a disk or CD– Docket ID No. EPA–HQ–OGC–0473
Statutory Authority: Section 3507(h)(1) of which contains a copy of the consent
ROM should be formatted in
the Paperwork Reduction Act of 1995 (Pub. decree. The official public docket is
L. No. 104–13) (44 U.S.C. 3501 et seq.). Wordperfect or ASCII file, avoiding the
use of special characters and any form available for public viewing at the
Issued in Washington, DC, December 13, of encryption, and may be mailed to the Office of Environmental Information
2005. (OEI) Docket in the EPA Docket Center,
mailing address above.
Jay H. Casselberry, EPA West, Room B102, 1301
FOR FURTHER INFORMATION CONTACT:
Agency Clearance Officer, Energy Information Constitution Ave., NW., Washington,
Administration.
Michael Horowitz, Air and Radiation
DC. The EPA Docket Center Public
Law Office (2344A), Office of General
[FR Doc. E5–7612 Filed 12–20–05; 8:45 am] Reading Room is open from 8:30 a.m. to
Counsel, U.S. Environmental Protection
BILLING CODE 6450–01–P 4:30 p.m., Monday through Friday,
Agency, 1200 Pennsylvania Ave., NW.,
excluding legal holidays. The telephone
Washington, DC 20460; telephone: (202)
number for the Public Reading Room is
564–5583; fax number (202) 564–5603;
ENVIRONMENTAL PROTECTION (202) 566–1744, and the telephone
e-mail address:
AGENCY number for the OEI Docket is (202) 566–
horowitz.michael@epa.gov.
1752.
[FRL–8011–8] SUPPLEMENTARY INFORMATION: An electronic version of the public
docket is available through http://
Proposed Consent Decree, Clean Air I. Additional Information About the
www.regulations.gov. You may use the
Act Citizen Suit Proposed Consent Decree
http://www.regulations.gov to submit or
AGENCY: Environmental Protection This consent decree would establish view public comments, access the index
Agency (EPA). deadlines by which EPA must either listing of the contents of the official
ACTION: Notice of Proposed Consent grant or deny Environmental Defense public docket, and to access those
Decree; request for public comment. petition to list diesel exhaust as a documents in the public docket that are
hazardous air pollutant under section available electronically. Once in the
SUMMARY: In accordance with section 112 of the CAA. Under the proposed system, select ‘‘advance search,’’ then
113(g) of the Clean Air Act, as amended consent decree no later than June 12, key in the appropriate docket
(‘‘Act’’), 42 U.S.C. 7413(g), notice is 2006, EPA shall sign a notice for identification number. It is important to
hereby given of a proposed consent publication in the Federal Register a note that EPA’s policy is that public
decree, to address a lawsuit filed by proposal to grant or a final comments, whether submitted
Environmental Defense: Environmental determination that denies the petition electronically or in paper, will be made
Defense v. EPA, No. C 05–2090 SC (N.D. with written explanation of the reasons available for public viewing online at
CA). On June 6, 2005, Environmental for EPA’s decision. If the petition is http://www.regulations.gov without
Defense filed a complaint alleging that granted, then no later than May 1, 2007, change, unless the comment contains
EPA had failed to perform a non- EPA shall sign a final notice for copyrighted material, CBI, or other
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discretionary duty by not granting or publication in the Federal Register information whose disclosure is
denying within 18 months either granting or denying the restricted by statute. Information
Environmental Defense’s Petition asking Environmental Defense petition to list claimed as CBI and other information
the Administrator to add diesel engine diesel engine exhaust as a hazardous air whose disclosure is restricted by statute
exhaust to the list of hazardous air pollutant. is not included in the official public

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75798 Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Notices

docket or in the electronic public Dated: December 15, 2005. under docket ID number EPA–HQ–
docket. EPA’s policy is that copyrighted Richard B. Ossias, OPP–2005–0253–. The official public
material, including copyrighted material Associate General Counsel. docket consists of the documents
contained in a public comment, will not [FR Doc. E5–7626 Filed 12–20–05; 8:45 am] specifically referenced in this action,
be placed in EPA’s electronic public BILLING CODE 6560–50–P any public comments received, and
docket but will be available only in other information related to this action.
printed, paper form in the official public Although, a part of the official docket,
docket. Although not all docket ENVIRONMENTAL PROTECTION the public docket does not include
materials may be available AGENCY Confidential Business Information (CBI)
electronically, you may still access any or other information whose disclosure is
[EPA–HQ–OPP–2005–0253– FRL–7752–6]
of the publicly available docket restricted by statute. The official public
materials through the EPA Docket Propylene Oxide Risk Assessment; docket is the collection of materials that
Center. Notice of Availability and Risk is available for public viewing at the
Reduction Options; Extension of Public Information and Records
B. How and To Whom Do I Submit Integrity Branch (PIRIB), Rm. 119,
Comment Period
Comments? Crystal Mall #2, 1801 S. Bell St.,
AGENCY: Environmental Protection Arlington, VA. This docket facility is
You may submit comments as Agency (EPA). open from 8:30 a.m. to 4 p.m., Monday
provided in the ADDRESSES section. ACTION: Notice; extension of comment through Friday, excluding legal
Please ensure that your comments are period. holidays. The docket telephone number
submitted within the specified comment is (703) 305–5805.
period. Comments received after the SUMMARY: EPA issued a notice in the 2. Electronic access. You may access
close of the comment period will be Federal Register of November 9, 2005, this Federal Register document
marked ‘‘late.’’ EPA is not required to concerning propylene oxide (PPO). This electronically through the EPA Internet
consider these late comments. document is extending the comment under the ‘‘Federal Register’’ listings at
If you submit an electronic comment, period for 30 days, from January 9, http://www.epa.gov/fedrgstr/.
EPA recommends that you include your 2006, to February 8, 2006, in response EDOCKET, EPA’s electronic public
name, mailing address, and an e-mail to a request by the Almond Board of docket and comment system was
address or other contact information in California. replaced on November 25, 2005, by an
the body of your comment and with any DATES: Comments must be received on enhanced Federal-wide electronic
disk or CD–ROM you submit. This or before February 8, 2006. docket management and comment
ensures that you can be identified as the ADDRESSES: Comments, identified by system located at http://
submitter of the comment and allows docket identification (ID) EPA–HQ– www.regulations.gov. Follow the online
EPA to contact you in case EPA cannot OPP–2005–0253– may be submitted instructions.
read your comment due to technical electronically, by mail, or through hand An electronic version of the public
difficulties or needs further information delivery/courier. Follow the detailed docket is available through EPA’s
on the substance of your comment. Any instructions as provided in Unit I.C. of electronic public docket and comment
identifying or contact information the SUPPLEMENTARY INFORMATION of the system, EPA Dockets. You may use EPA
provided in the body of a comment will November 9, 2005 Federal Register Dockets at http://www.regulations.gov/
be included as part of the comment that document. to submit or view public comments,
is placed in the official public docket, access the index listing of the contents
FOR FURTHER INFORMATION CONTACT:
and made available in EPA’s electronic of the official public docket, and to
Susan Bartow, Special Review and
public docket. If EPA cannot read your access those documents in the public
Reregistration Division (7508C), Office
comment due to technical difficulties docket that are available electronically.
of Pesticide Programs, Environmental
and cannot contact you for clarification, Protection Agency, 1200 Pennsylvania Once in the system, select ‘‘search,’’
EPA may not be able to consider your Ave., NW., Washington, DC 20460– then key in the appropriate docket ID
comment. 0001; telephone number: (703) 603– number.
Your use of the http:// 0065; fax number: (703) 308–8041; e- C. How and to Whom Do I Submit
www.regulations.gov Web site to submit mail address: bartow.susan@epa.gov. Comments?
comments to EPA electronically is SUPPLEMENTARY INFORMATION: To submit comments, or access the
EPA’s preferred method for receiving I. General Information official public docket, please follow the
comments. The electronic public docket detailed instructions as provided in
system is an ‘‘anonymous access’’ A. Does this Action Apply to Me? Unit I.C. of the SUPPLEMENTARY
system, which means EPA will not The Agency included in the INFORMATION of the November 9, 2005
know your identity, e-mail address, or November 9, 2005 Federal Register Federal Register document. If you have
other contact information unless you document notice a list of those who may questions, consult the person listed
provide it in the body of your comment. be potentially affected by this action. If under FOR FURTHER INFORMATION
In contrast to EPA’s electronic public you have questions regarding the CONTACT.
docket, EPA’s electronic mail (e-mail) applicability of this action to a
system is not an ‘‘anonymous access’’ II. What Action is EPA Taking?
particular entity, consult the person
system. If you send an e-mail comment listed under FOR FURTHER INFORMATION This document extends the public
directly to the Docket without going CONTACT. comment period established in the
through http://www.regulations.gov, Federal Register document of November
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your e-mail address is automatically B. How Can I Get Copies of this 9, 2005 (70 FR 68031) (FRL–7740–2). In
captured and included as part of the Document and Other Related that document, EPA made available the
comment that is placed in the official Information? human health risk assessment for PPO.
public docket, and made available in 1. Docket. EPA has established an PPO is an insecticidal fumigant used on
EPA’s electronic public docket. official public docket for this action several food items such as processed

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