Proposed Consent Decree, Clean Air Act Citizen Suit, 43698-43700 [E9-20731]

Download as PDF 43698 Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Notices from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305–5805. In accordance with section 3(c)(2) of FIFRA, a copy of the approved label, the list of data references, the data and other scientific information used to support registration, except for material specifically protected by section 10 of FIFRA, are also available for public inspection. Requests for data must be made in accordance with the provisions of the Freedom of Information Act and must be addressed to the Freedom of Information Office (A–101), 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. Such requests should: Identify the product name and registration number and specify the data or information desired. A paper copy of the fact sheet, which provides more detail on this registration, may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at https://www.epa.gov/fedrgstr. II. Did EPA Approve the Application? The Agency approved the application after considering all required data on risks associated with the proposed use of Candida oleophila Strain O, and information on social, economic, and environmental benefits to be derived from use. Specifically, the Agency has considered the nature of the chemical and its pattern of use, application methods and rates, and level and extent of potential exposure. Based on these reviews, the Agency was able to make basic health and safety determinations which show that Candida oleophila Strain O, when used in accordance with widespread and commonly recognized practice, will not generally cause unreasonable adverse effects to human health or the environment. mstockstill on DSKH9S0YB1PROD with NOTICES III. Approved Application EPA issued a notice, published in the Federal Register of March 28, 2008 (73 FR 16676) (FRL–8355–5), which announced that SynTech Global, LLC, P.O. Box 640, Hockessin, DE 19707 on behalf of BioNext sprl, Passage des ´ ´ deportes, 2, B-5030 Gembloux, Belgium, had submitted an application to register the pesticide product, NEXY, biofungicide (EPA File Symbol 84863– R), containing Candida oleophila Strain O at 57%. This product was not previously registered. VerDate Nov<24>2008 17:19 Aug 26, 2009 Jkt 217001 The Agency received one public comment in response to the March 28, 2008 notice. A private citizen expressed opposition to Candida oleophila Strain O’s introduction into the United States in light of the ‘‘thousands of chemicals already out there’’ and implied a concern about the effects of ‘‘toxic chemicals’’ on human health or the environment. Pursuant to its authority under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Agency conducted a rigorous assessment of Candida oleophila Strain O, as described in Unit II, and concluded that it is not expected to cause any unreasonable adverse effects to human health or the environment. Further, Candida oleophila Strain O is not considered a conventional pesticide. Conventional pesticides generally consist of synthetic materials, may affect a broad spectrum of nontarget organisms, and may be inherently more toxic. Candida oleophila Strain O, however, is a naturally occurring yeast isolated from golden delicious apples and found on various food commodities, and has been classified as a microbial pesticide. Candida oleophila Strain O is intended for use as an antagonist to specifically control the fungal pathogens gray mold (Botrytis cinerea) and blue mold (Penicillium expansum), which cause post-harvest decay on apples and pears. The mode of action for Candida oleophila Strain O is primarily through competition for nutrients and precolonization of plant wound sites, and use of Candida oleophila Strain O may result in decreased conventional pesticide applications to apples pears after harvest. Additional information about Candida oleophila Strain O and the Agency’s assessment of this microbial active ingredient can be found in the Biopesticides Registration Action Document (BRAD) on the Biopesticides and Pollution Prevention Division (BPPD) website: https://www.epa.gov/ pesticides/biopesticides. The application was approved on June 1, 2009, as NEXY (EPA Registration Number 84863–1) for post-harvest control of gray mold (Botrytis cinerea) and blue mold (Penicillium expansum) on apples and pears. List of Subjects Environmental protection, Chemicals, Pests and pesticides. PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 Dated: August 18, 2009. Sheryl K. Reilly, Acting Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. [FR Doc. E9–20717 Filed 8–26–09; 8:45 a.m.] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [FRL–8950–5] 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 Sierra Club in the U.S. District Court for the Eastern District of Kentucky: Sierra Club v. Johnson, No. 2:09–CV–00085–WOB (E. D. KY). On September 5, 2008, Sierra Club filed suit to compel the Administrator to issue or deny the CAA title V operating permit for the Hugh L. Spurlock Generating Station (Spurlock Station), operated by the East Kentucky Power Cooperative, Inc. Sierra Club later amended the complaint to include a claim to compel the Administrator to respond to a petition dated April 28, 2008, seeking EPA’s objection to a revised CAA title V operating permit issued by the Kentucky Division of Air Quality (KDAQ) for the Spurlock Station. Under the terms of the proposed consent decree, EPA has agreed to respond to the third claim contained in Sierra Club’s petition (regarding MACT determinations) by no later than September 21, 2009, and to respond to the remaining claims contained in the petition by no later than November 30, 2009. The consent decree allows Sierra Club sixty (60) days following entry of the decree by the Court to file a motion for costs of litigation (including attorneys’ fees). DATES: Written comments on the proposed consent decree must be received by September 28, 2009. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2009–0657, online at https:// www.regulations.gov (EPA’s preferred method); by e-mail to oei.docket@epa.gov; mailed to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, E:\FR\FM\27AUN1.SGM 27AUN1 Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Notices 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: Kristi Smith, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564–3068; fax number (202) 564–5603; e-mail address: smith.kristi@epa.gov. SUPPLEMENTARY INFORMATION: mstockstill on DSKH9S0YB1PROD with NOTICES I. Additional Information About the Proposed Consent Decree On August 30, 2008, pursuant to CAA section 505(b)(2), EPA issued an order objecting, in part, to the CAA title V operating permit issued by KDAQ for the Spurlock Station. On September 5, 2008, Sierra Club filed suit to compel the Administrator to issue or deny the CAA title V operating permit for the Spurlock Station, arguing that the Administrator had a non-discretionary duty to issue or deny the permit under CAA section 505(c). Sierra Club also sought, in the alternative, an order declaring that the Administrator was unreasonably delayed in taking action to issue or deny the permit. Prior to filing that case, on April 28, 2008, Sierra Club had submitted a petition to the Administrator of the Environmental Protection Agency pursuant to CAA section 505(b)(2), requesting that she object to the issuance of a revised title V operating permit by KDAQ for the Spurlock Station. Sierra Club has amended its complaint in the pending lawsuit to include a claim to compel the Administrator to respond to that petition. Under the terms of the proposed consent decree, EPA shall grant or deny an objection based on the third claim in Sierra Club’s petition (regarding MACT determinations for mercury and other hazardous air pollutants) by no later than September 21, 2009, and shall grant or deny an objection based on the petition’s remaining claims by no later than November 30, 2009. The consent decree allows Sierra Club sixty (60) days following entry of the decree by the Court to file a motion for costs of litigation (including attorneys’ fees). The consent decree becomes an order of VerDate Nov<24>2008 17:19 Aug 26, 2009 Jkt 217001 the Court upon entry, and, consistent with the terms of the consent decree, the case shall be dismissed with prejudice after EPA has fulfilled its obligations and Sierra Club’s claims for litigation costs have been resolved. 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 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, 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–2009–0657) 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 the 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 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 43699 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 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 E:\FR\FM\27AUN1.SGM 27AUN1 43700 Federal Register / Vol. 74, No. 165 / Thursday, August 27, 2009 / Notices comment that is placed in the official public docket, and made available in EPA’s electronic public docket. Dated: August 21, 2009. Richard B. Ossias, Associate General Counsel. [FR Doc. E9–20731 Filed 8–26–09; 8:45 am] BILLING CODE 6560–50–P registrations where the 180–day comment period has been waived. Users of these products who desire continued use on crops or sites being deleted should contact the applicable registrant on or before February 23, 2010 or September 28, 2009 for registrations for which the registrant requested a waiver of the 180–day comment period. Submit your withdrawal request, identified by docket identification (ID) number EPA–HQ– OPP–2009–0619, by one of the following methods: • Federal eRulemaking Portal: http// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. • Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket Facility’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305–5805. ADDRESSES: ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2009–0619; FRL–8432–4] Notice of Receipt of Requests for Amendments to Delete Uses in Certain Pesticide Registrations AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of request for amendments by registrants to delete uses in certain pesticide registrations. Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be amended to delete one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any request in the Federal Register. DATES: The deletions are effective by February 23, 2010 or September 28, 2009 for registrations for which the registrant requested a waiver of the 180– day comment period. The Agency will consider withdrawal requests postmarked no later than February 23, 2010 or September 28, 2009, whichever is applicable. Comments must be received on or before February 23, 2010 or September 28, 2009, for those FOR FURTHER INFORMATION CONTACT: John Jamula, Information Technology and Resources Management Division (7502P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 305–6426; e-mail address: jamula.john@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. Although this action may be of particular interest to persons who produce or use pesticides, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the information in this notice, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established a docket for this action under docket ID number EPA–HQ–OPP–2009–0619. Publicly available docket materials are available either in the electronic docket at https://www.regulations.gov, or, if only available in hard copy, at the Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305–5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at https://www.epa.gov/fedrgstr. II. What Action is the Agency Taking? This notice announces receipt by the Agency of applications from registrants to delete uses in certain pesticide registrations. These registrations are listed in Table 1 of this unit by registration number, product name, active ingredient, and specific uses deleted: TABLE 1.—REGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDES EPA Reg. No. Product Name Active Ingredient Delete From Label Protect DF Mancozeb Athletic Fields, Residential Lawns and Turf, and Pachysandra 009198–00196 Fertilizer with TGR Poa Annua Control Paclobutrazol Home/Residential Lawns 009198–00199 mstockstill on DSKH9S0YB1PROD with NOTICES 001001–00077 TGR Winter Enhancer overseeding Paclobutrazol Home/Residential Lawns 009198–00205 Anderson’s Golf Products Turf Enhancer 2SC Paclobutrazol Home/Residential Lawns 009198–00215 The Anderson’s Fertilizer 0.25% Paclobutrazol Paclobutrazol Home/Residential Lawns VerDate Nov<24>2008 17:19 Aug 26, 2009 Jkt 217001 with PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\27AUN1.SGM 27AUN1

Agencies

[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Notices]
[Pages 43698-43700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20731]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8950-5]


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 Sierra Club 
in the U.S. District Court for the Eastern District of Kentucky: Sierra 
Club v. Johnson, No. 2:09-CV-00085-WOB (E. D. KY). On September 5, 
2008, Sierra Club filed suit to compel the Administrator to issue or 
deny the CAA title V operating permit for the Hugh L. Spurlock 
Generating Station (Spurlock Station), operated by the East Kentucky 
Power Cooperative, Inc. Sierra Club later amended the complaint to 
include a claim to compel the Administrator to respond to a petition 
dated April 28, 2008, seeking EPA's objection to a revised CAA title V 
operating permit issued by the Kentucky Division of Air Quality (KDAQ) 
for the Spurlock Station. Under the terms of the proposed consent 
decree, EPA has agreed to respond to the third claim contained in 
Sierra Club's petition (regarding MACT determinations) by no later than 
September 21, 2009, and to respond to the remaining claims contained in 
the petition by no later than November 30, 2009. The consent decree 
allows Sierra Club sixty (60) days following entry of the decree by the 
Court to file a motion for costs of litigation (including attorneys' 
fees).

DATES: Written comments on the proposed consent decree must be received 
by September 28, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0657, online at https://www.regulations.gov (EPA's preferred 
method); by e-mail to oei.docket@epa.gov; mailed to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T,

[[Page 43699]]

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: Kristi Smith, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-3068; fax number (202) 564-5603; e-mail address: 
smith.kristi@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    On August 30, 2008, pursuant to CAA section 505(b)(2), EPA issued 
an order objecting, in part, to the CAA title V operating permit issued 
by KDAQ for the Spurlock Station. On September 5, 2008, Sierra Club 
filed suit to compel the Administrator to issue or deny the CAA title V 
operating permit for the Spurlock Station, arguing that the 
Administrator had a non-discretionary duty to issue or deny the permit 
under CAA section 505(c). Sierra Club also sought, in the alternative, 
an order declaring that the Administrator was unreasonably delayed in 
taking action to issue or deny the permit. Prior to filing that case, 
on April 28, 2008, Sierra Club had submitted a petition to the 
Administrator of the Environmental Protection Agency pursuant to CAA 
section 505(b)(2), requesting that she object to the issuance of a 
revised title V operating permit by KDAQ for the Spurlock Station. 
Sierra Club has amended its complaint in the pending lawsuit to include 
a claim to compel the Administrator to respond to that petition.
    Under the terms of the proposed consent decree, EPA shall grant or 
deny an objection based on the third claim in Sierra Club's petition 
(regarding MACT determinations for mercury and other hazardous air 
pollutants) by no later than September 21, 2009, and shall grant or 
deny an objection based on the petition's remaining claims by no later 
than November 30, 2009. The consent decree allows Sierra Club sixty 
(60) days following entry of the decree by the Court to file a motion 
for costs of litigation (including attorneys' fees). The consent decree 
becomes an order of the Court upon entry, and, consistent with the 
terms of the consent decree, the case shall be dismissed with prejudice 
after EPA has fulfilled its obligations and Sierra Club's claims for 
litigation costs have been resolved.
    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 
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, 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-2009-0657) 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 the 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, 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

[[Page 43700]]

comment that is placed in the official public docket, and made 
available in EPA's electronic public docket.

    Dated: August 21, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-20731 Filed 8-26-09; 8:45 am]
BILLING CODE 6560-50-P
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