Proposed Consent Decree, Clean Air Act Citizen Suit, 27790-27792 [E9-13730]

Download as PDF 27790 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Notices chartered under the Federal Advisory Committee Act (FACA) to provide advice and recommendations to EPA on creative approaches to funding environmental programs, projects, and activities. A meeting of the full board will be held to discuss progress with work products under EFAB’s current Strategic Action Agenda and develop an action agenda to direct the Board’s ongoing and new activities through FY 2010. Environmental Finance topics expected to be discussed include: Financial Assurance Mechanisms (Commercial Insurance & Cost Estimation); Financial Assurance and CO2 Underground Injection Control/ Carbon Capture and Sequestration; Water Loss Reduction (‘‘Leaky Pipes’’); Innovative Financing Tools, and State Revolving Fund Investment Options. This meeting is open to the public, however, seating is limited. All members of the public who wish to attend the meeting must register in advance, no later than Monday, July 27, 2009. DATES: Full Board Meeting is scheduled for August 10, 2009 from 1 p.m.–5 p.m. and August 11, 2009 from 8:30 a.m.–5 p.m. ADDRESSES: Omni San Francisco Hotel, 500 California Street, San Francisco, CA 94104. Registration and Information Contact: To register for this meeting or get further information, please contact Sandra Keys, U.S. EPA, at (202) 564–4999 or keys.sandra@epa.gov. For information on access or services for individuals with disabilities, please contact Sandra Keys. To request accommodations for a disability, contact Sandra Keys at least 10 days prior to the meeting to give EPA as much time as possible to process your request. Dated: June 4, 2009. Joshua Baylson, Acting Deputy Chief Financial Officer, Office of the Chief Financial Officer. [FR Doc. E9–13731 Filed 6–10–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY jlentini on PROD1PC65 with NOTICES [FRL–8917–1] Proposed CERCLA Section 122(h) Ability-to-Pay Settlement Relating to the Crumb Trailer Park Superfund Site, Village of West Winfield, Herkimer County, NY AGENCY: Environmental Protection Agency (EPA). VerDate Nov<24>2008 16:37 Jun 10, 2009 Jkt 217001 ACTION: Notice; request for public comment. SUMMARY: In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (‘‘CERCLA’’), 42 U.S.C. 9622(i), notice is hereby given by the U.S. Environmental Protection Agency (‘‘EPA’’), Region 2, of a proposed settlement agreement pursuant to Section 122(h) of CERCLA, 42 U.S.C. 9622(h), in accordance with EPA ‘‘ability-to-pay’’ policies, with Crumb’s Trailer Park, LLC (the ‘‘Settling Party’’), a New York limited liability corporation which is a potentially responsible party, pursuant to CERCLA, for a removal response action conducted by EPA at the Crumb Trailer Park Superfund Site (‘‘Site’’) in the Village of West Winfield, Herkimer County, New York. The Site includes a 2.6-acre parcel of real property that had been occupied as a mobile home facility. The removal response action included the placement of a soil cover over contaminated soils at the Site, the imposition of institutional controls to prohibit residential use of the Site and the relocation, pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), of the residents of the mobile home facility at the Site to an adjacent mobile home facility on property owned by the Settling Party. EPA has estimated the value of the settlement at $132,600. Pursuant to the settlement, the Settling Party will lease to the relocated residents at their existing rents for at least forty-two (42) months, will impose institutional controls at the Site property to prohibit residential use of that property and will perform specified post-removal Site controls. The settlement includes a covenant by EPA not to sue nor to take administrative action against the Settling Party pursuant to Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607, with regard to the Site. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the settlement. EPA will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper or inadequate. EPA’s response to any comments received will be available for public inspection at EPA Region 2 offices, 290 Broadway, New York, New York 10007–1866. DATES: Comments must be submitted on or before July 13, 2009. PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 ADDRESSES: The proposed settlement is available for public inspection at EPA Region 2 offices at 290 Broadway, New York, New York 10007–1866. Comments should reference the Crumb Trailer Park Superfund Site, Village of West Winfield, Herkimer County, Index No. CERCLA–02–2009–2004. To request a copy of the proposed settlement agreement, please contact the EPA employee identified below. FOR FURTHER INFORMATION CONTACT: Michael A. Mintzer, Assistant Regional Counsel, New York/Caribbean Superfund Branch, Office of Regional Counsel, U.S. Environmental Protection Agency, 290 Broadway, 17th Floor, New York, New York 10007–1866. Telephone: 212–637–3168. Dated: May 27, 2009. John E. LaPadula, Acting Director, Emergency and Remedial Response, Division, Region 2. [FR Doc. E9–13729 Filed 6–10–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8917–2] 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 section 113(g) of the Clean Air Act, as amended (CAA or ‘‘Act’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Association of Irritated Residents in the United States District Court for the Northern District of California: Association of Irritated Residents v. EPA, No. 08–cv–05650 CW (N.D. Cal.). Plaintiff filed a deadline suit to compel the Administrator to take action under section 110(k) of the Act on two specific revisions to the state implementation plan (SIP) submitted by the California Air Resources Board on behalf of the San Joaquin Valley Unified Air Pollution Control District (‘‘District’’). The two SIP revisions include Rule 3170, which provides for the payment of fees by certain sources when the District fails to attain certain air quality standards by a specified date and Rule 4570, which is intended to reduce emissions from volatile organic compounds on certain confined animal facilities located in the District. Under the terms of the proposed consent decree, the parties agree that the Rule E:\FR\FM\11JNN1.SGM 11JNN1 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Notices jlentini on PROD1PC65 with NOTICES 4570 claim is moot and warrants dismissal with prejudice in light of the state court ruling setting aside the District’s adoption of Rule 4570. In addition, the proposed consent decree establishes deadlines for EPA to take action on Rule 3170. DATES: Written comments on the proposed consent decree must be received by July 13, 2009. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2009–0376, online at https:// 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: Jan Tierney, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564–5598; fax number (202) 564–5603; e-mail address: tierney.jan@epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Consent Decree This proposed consent decree would resolve a lawsuit seeking to compel action by EPA under section 110(k) of the CAA on the following two SIP revisions submitted by the California Air Resources Board on behalf of the San Joaquin Valley Unified Air Pollution Control District (‘‘District’’). The two SIP revisions include Rule 3170, which provides for the payment of fees by certain sources when the District fails to attain certain air quality standards by a specified date and Rule 4570, which is intended to reduce emissions from volatile organic compounds on certain confined animal facilities located in the District. On January 22, 2009, the Superior Court of California, upon remand from the Court of Appeals for the State of California, in Association of Irritated Residents v. San Joaquin Valley Unified Air Pollution Control District, 168 Cal. App. 4th 535 (Cal. App. 5 Dist. 2008) entered a judgment and writ of mandate which VerDate Nov<24>2008 16:37 Jun 10, 2009 Jkt 217001 was amended on March 12, 2009, declaring that the District failed to perform an adequate assessment of Rule 4570’s impact on the public health before its adoption as required by California Health and Safety Code section 40724.6(e)(2). The court ordered the District to perform the public health assessment and to set aside the adoption of Rule 4750 pending that assessment. Under the terms of the proposed consent decree, the parties agree that the claim regarding Rule 4570 is moot and warrants dismissal with prejudice. In addition, the proposed consent decree provides that EPA will sign for publication in the Federal Register notice of the Agency’s proposed action pursuant to CAA section 110(k) on Rule 3170 by June 30, 2009. EPA will sign notice of the Agency’s final action pursuant to CAA section 110(k) on Rule 3170 by November 13, 2009. If EPA fulfills its obligations, Plaintiff has agreed to dismiss this suit with prejudice. 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 consent decree from persons who were not named as parties 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, based on any comment which may be submitted, that consent to the 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–2009–0376) 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. PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 27791 An electronic version of the public docket is available through https:// www.regulations.gov. You may use https://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, select ‘‘search,’’ then key in the appropriate docket identification number. 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 https:// 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, E:\FR\FM\11JNN1.SGM 11JNN1 27792 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Notices EPA may not be able to consider your comment. Use of the https://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 https://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: June 5, 2009. Sara Schneeberg, Acting Associate General Counsel. [FR Doc. E9–13730 Filed 6–10–09; 8:45 am] BILLING CODE 6560–50–P FEDERAL RESERVE SYSTEM jlentini on PROD1PC65 with NOTICES Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than June 24, 2009. A. Federal Reserve Bank of Atlanta (Steve Foley, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: 1. Benjamin W. Lindsey, and Benjamin W. Lindsey, Jr., both of Lenox, Georgia; to acquire voting shares of Robinson Bancshares, Inc., and thereby indirectly acquire voting shares of Bank of Lenox, both of Lenox, Georgia. B. Federal Reserve Bank of Kansas City (Todd Offenbacker, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198–0001: VerDate Nov<24>2008 16:37 Jun 10, 2009 Jkt 217001 1. The Dorothy F. Baggerly Grantor Retained Annuity Trust, Steve Baggerly as Trustee, both of Guymon, Oklahoma; to become part of the family group acting in concert to acquire voting shares of Panhandle Bancshares, Inc., and thereby indirectly acquire voting shares of Bank of the Panhandle, both in Guymon, Oklahoma. Board of Governors of the Federal Reserve System, June 5, 2009. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E9–13610 Filed 6–10–09; 8:45 am] BILLING CODE 6210–01–S FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than June 26, 2009. A. Federal Reserve Bank of Atlanta (Steve Foley, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia 30309: 1. H.J. Merritt, Ruth D. Merritt, and Melanie Williams, all of Colquitt, Georgia, and Marianne Melton, Damascus, Georgia; to retain voting shares of PeoplesSouth BancShares, Inc., and thereby indirectly acquire voting shares of PeoplesSouth Bank, both of Colquitt, Georgia. Board of Governors of the Federal Reserve System, June 8, 2009. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E9–13740 Filed 6–10–09; 8:45 am] BILLING CODE 6210–01–S PO 00000 FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center website at www.ffiec.gov/nic/. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than July 6, 2009. A. Federal Reserve Bank of San Francisco (Kenneth Binning, Vice President, Applications and Enforcement) 101 Market Street, San Francisco, California 94105–1579: 1. Pacific International Bancorp, Seattle, Washington; to acquire up to 9.9 percent of the voting shares of Center Financial Corporation and thereby indirectly acquire voting shares of Center Bank, both of Los Angeles, California. Board of Governors of the Federal Reserve System, June 8, 2009. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E9–13739 Filed 6–10–09; 8:45 am] BILLING CODE 6210–01–S Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\11JNN1.SGM 11JNN1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Notices]
[Pages 27790-27792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13730]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8917-2]


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 section 113(g) of the Clean Air Act, as 
amended (CAA or ``Act''), 42 U.S.C. 7413(g), notice is hereby given of 
a proposed consent decree, to address a lawsuit filed by Association of 
Irritated Residents in the United States District Court for the 
Northern District of California: Association of Irritated Residents v. 
EPA, No. 08-cv-05650 CW (N.D. Cal.). Plaintiff filed a deadline suit to 
compel the Administrator to take action under section 110(k) of the Act 
on two specific revisions to the state implementation plan (SIP) 
submitted by the California Air Resources Board on behalf of the San 
Joaquin Valley Unified Air Pollution Control District (``District''). 
The two SIP revisions include Rule 3170, which provides for the payment 
of fees by certain sources when the District fails to attain certain 
air quality standards by a specified date and Rule 4570, which is 
intended to reduce emissions from volatile organic compounds on certain 
confined animal facilities located in the District. Under the terms of 
the proposed consent decree, the parties agree that the Rule

[[Page 27791]]

4570 claim is moot and warrants dismissal with prejudice in light of 
the state court ruling setting aside the District's adoption of Rule 
4570. In addition, the proposed consent decree establishes deadlines 
for EPA to take action on Rule 3170.

DATES: Written comments on the proposed consent decree must be received 
by July 13, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0376, online at https://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: Jan Tierney, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5598; fax number (202) 564-5603; e-mail address: 
tierney.jan@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit seeking to 
compel action by EPA under section 110(k) of the CAA on the following 
two SIP revisions submitted by the California Air Resources Board on 
behalf of the San Joaquin Valley Unified Air Pollution Control District 
(``District''). The two SIP revisions include Rule 3170, which provides 
for the payment of fees by certain sources when the District fails to 
attain certain air quality standards by a specified date and Rule 4570, 
which is intended to reduce emissions from volatile organic compounds 
on certain confined animal facilities located in the District. On 
January 22, 2009, the Superior Court of California, upon remand from 
the Court of Appeals for the State of California, in Association of 
Irritated Residents v. San Joaquin Valley Unified Air Pollution Control 
District, 168 Cal. App. 4th 535 (Cal. App. 5 Dist. 2008) entered a 
judgment and writ of mandate which was amended on March 12, 2009, 
declaring that the District failed to perform an adequate assessment of 
Rule 4570's impact on the public health before its adoption as required 
by California Health and Safety Code section 40724.6(e)(2). The court 
ordered the District to perform the public health assessment and to set 
aside the adoption of Rule 4750 pending that assessment. Under the 
terms of the proposed consent decree, the parties agree that the claim 
regarding Rule 4570 is moot and warrants dismissal with prejudice.
    In addition, the proposed consent decree provides that EPA will 
sign for publication in the Federal Register notice of the Agency's 
proposed action pursuant to CAA section 110(k) on Rule 3170 by June 30, 
2009. EPA will sign notice of the Agency's final action pursuant to CAA 
section 110(k) on Rule 3170 by November 13, 2009. If EPA fulfills its 
obligations, Plaintiff has agreed to dismiss this suit with prejudice.
    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 consent decree from persons who were not named as parties 
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, based on any comment which may be submitted, that consent 
to the 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-2009-0376) 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 
https://www.regulations.gov. You may use https://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, select ``search,'' then key in the appropriate docket 
identification number.
    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 https://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,

[[Page 27792]]

EPA may not be able to consider your comment.
    Use of the https://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 https://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: June 5, 2009.
Sara Schneeberg,
Acting Associate General Counsel.
[FR Doc. E9-13730 Filed 6-10-09; 8:45 am]
BILLING CODE 6560-50-P

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