Proposed Consent Decree, Clean Air Act Citizen Suit, 56612-56614 [E9-26338]

Download as PDF 56612 Federal Register / Vol. 74, No. 210 / Monday, November 2, 2009 / Notices srobinson on DSKHWCL6B1PROD with NOTICES EPA is announcing the availability of additional literature searches on the IRIS Web site (https://www.epa.gov/iris). The public is invited to review the literature search results and submit additional information to EPA. Literature searches are now available for chromium VI (hexavalent chromium) (CAS 18540–29–9), ammonia (7664–41– 7), and 10 alkylates—2-methylpentane (107–83–5), 2-methylbutane (78–78–4), 3-methylpentane (96–14–0), 2,2,5trimethylhexane (3522–94–9), 2,3,3trimethylpentane (560–21–4), 2,3,5trimethylpentane (565–75–3), cyclohexane (110–82–7), methylcyclohexane (108–87–2), nheptane (142–82–5), and n-octane (111– 65–9) at https://www.epa.gov/iris under ‘‘Annual IRIS Agenda.’’ Literature search results were provided on December 21, 2007, and April 25, 2008, at https://www.epa.gov/iris for tert-amyl methyl ether, biphenyl, n-butanol, tertbutanol, carbonyl sulfide, diethyl phthalate, diisopropyl ether, hexabromocyclodecane, manganese, 1,2,4-trimethylbenzene, 1,3,5trimethylbenzene, tungsten, urea, and weathered toxaphene. Additional literature searches will be posted as they are completed. Availability will be announced in the Federal Register. Instructions on how to submit information are provided below under General Information. General Information Submit your comments, identified by Docket ID No. EPA–HQ–ORD–2007– 0664 by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: ORD.Docket@epa.gov. • Fax: 202–566–1753. • Mail: Office of Environmental Information (OEI) Docket, (Mail Code: 2822T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. The phone number is 202–566–1752. • Hand Delivery: The OEI Docket is located in the EPA Headquarters Docket Center, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center’s 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. Such deliveries are only accepted during the docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. If you provide information by mail or hand delivery, please submit one unbound original with pages VerDate Nov<24>2008 17:03 Oct 30, 2009 Jkt 220001 numbered consecutively, and three copies of the comments. For attachments, provide an index, number pages consecutively with the main text, and submit an unbound original and three copies. Instructions: Direct your comments to Docket ID No. EPA–HQ–ORD–2007– 0664. It is EPA’s policy to include all comments it receives in the public docket without change and to make the comments available online at https:// www.regulations.gov, including any personal information provided, unless a comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the OEI Docket in the EPA Headquarters Docket Center. PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 Dated: October 20, 2009. Rebecca Clark, Acting Director, National Center for Environmental Assessment. [FR Doc. E9–26335 Filed 10–30–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8975–9] 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 (‘‘Plaintiff’’) in the United States District Court for the Northern District of California: Association of Irritated Residents v. EPA, No. 09–cv–1890–CW (N.D. Cal.). On or about April 30, 2009, Plaintiff filed a complaint alleging that EPA failed to perform a nondiscretionary duty to take action under section 110(k) of the Act on a revision to the state implementation plan (SIP) submitted by the State of California. Specifically, the complaint alleges that EPA failed to take action on two rules amended by the San Joaquin Valley Unified Air Pollution Control District (‘‘District’’) on September 21, 2006 and included in a SIP revision submitted to EPA by the California Air Resources Board (CARB) on December 29, 2006: Rule 2020 (‘‘Exemptions’’) and Rule 2020 (‘‘New and Modified Stationary Source Review Rule’’). The subject rule amendments relate to permitting of agricultural sources. In the SIP revision dated December 29, 2006, CARB submitted amended District Rule 2020 in its entirety but only Paragraph 4.6.9 of District Rule 2020. Under the terms of the proposed consent decree, a deadline has been established for EPA to take action on the amended District rules as submitted on December 29, 2006. If EPA fulfills its obligations, Plaintiff has agreed to dismiss this suit with prejudice. DATES: Written comments on the proposed consent decree must be received by December 2, 2009. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2009–0831, online at https:// www.regulations.gov (EPA’s preferred E:\FR\FM\02NON1.SGM 02NON1 Federal Register / Vol. 74, No. 210 / Monday, November 2, 2009 / Notices method); by e-mail to oei.docket@epa.gov; mailed to EPA Docket Center, Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; or by hand delivery or courier to EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding legal holidays. Comments on a disk or CD– ROM should be formatted in Word or ASCII file, avoiding the use of special characters and any form of encryption, and may be mailed to the mailing address above. FOR FURTHER INFORMATION CONTACT: Jefferson Wehling, Office of Regional Counsel (ORC–2), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105; telephone: (415) 972–3901; fax number (415) 947–3571; e-mail address: wehling.jefferson@epa.gov. SUPPLEMENTARY INFORMATION: srobinson on DSKHWCL6B1PROD with NOTICES I. Additional Information About the Proposed Consent Decree This proposed consent decree would resolve a lawsuit seeking action by EPA under section 110(k) of the CAA on two rules amended by the District on September 21, 2006 and included in a SIP revision submitted by CARB on December 29, 2006: Rule 2020 (‘‘Exemptions’’) and Paragraph 4.6.9 of Rule 2020 (‘‘New and Modified Stationary Source Review Rule’’). The subject rule amendments relate to permitting of agricultural sources. The District has adopted further amendments to Rules 2020 and 2201, and CARB has submitted the further amended rules, which carry forward the specific amendments to the rules submitted on December 29, 2006, to EPA as SIP revisions. The further amended District Rule 2020 was submitted on March 7, 2008, and the further amended District Rule 2201 was submitted on March 17, 2009. Under the terms of the proposed consent decree, EPA will sign for publication in the Federal Register notice of the Agency’s final action pursuant to CAA section 110(k) on Rule 2020 (‘‘Exemptions’’) and Paragraph 4.6.9 of Rule 2020 (‘‘New and Modified Stationary Source Review Rule’’), submitted to EPA for review on December 29, 2006, by March 15, 2010. However, the proposed consent decree provides that EPA final action on the more recent amendments to District Rules 2020 and 2201 shall discharge EPA’s obligations to act on the subject VerDate Nov<24>2008 17:03 Oct 30, 2009 Jkt 220001 rules as submitted on December 29, 2006. In the proposed consent decree, EPA agrees that, pursuant to CAA section 304(d), 42 U.S.C. 7604(d), Plaintiff is both eligible and entitled to recover its costs of litigation in this action, including reasonable attorneys’ fees, incurred prior to entry of the consent decree. 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 takes final action on the amended rules. 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–2009–0831) 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, key in the appropriate docket PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 56613 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 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 website 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 E:\FR\FM\02NON1.SGM 02NON1 56614 Federal Register / Vol. 74, No. 210 / Monday, November 2, 2009 / Notices 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. ADDRESSES: Dated: October 26, 2009. Richard B. Ossias, Associate General Counsel. [FR Doc. E9–26338 Filed 10–30–09; 8:45 am] FOR FURTHER INFORMATION CONTACT: Rona Richardson, Office Assistant, Housing Mission and Goals, Federal Housing Finance Agency, at 202–408– 2945, by electronic mail at hmgcommunitysupportprogram @fhfa.gov, or by hard-copy mail at the Federal Housing Finance Agency, 1625 Eye Street, NW., Washington, DC 20006. SUPPLEMENTARY INFORMATION: BILLING CODE 6560–50–P FEDERAL HOUSING FINANCE AGENCY [No. 2009–N–14] Bank members selected for the 2008–09 seventh round review cycle under the FHFA’s community support requirements regulation must submit completed Community Support Statements to FHFA either by hard-copy mail at the Federal Housing Finance Agency, Housing Mission and Goals, 1625 Eye Street, NW., Washington, DC 20006, or by electronic mail at: hmgcommunitysupportprogram @fhfa.gov. I. Selection for Community Support Review Federal Home Loan Bank Members Selected for Community Support Review AGENCY: Federal Housing Finance Agency. ACTION: Notice. SUMMARY: The Federal Housing Finance Agency (FHFA) is announcing the Federal Home Loan Bank (Bank) members it has selected for the 2008–09 seventh round review cycle under the FHFA’s community support requirements regulation. This notice also prescribes the deadline by which Bank members selected for review must submit Community Support Statements to FHFA. DATES: Bank members selected for the review cycle under the FHFA’s community support requirements regulation must submit completed Community Support Statements to FHFA on or before December 21, 2009. Section 10(g)(1) of the Federal Home Loan Bank Act (Bank Act) requires FHFA to promulgate regulations establishing standards of community investment or service Bank members must meet in order to maintain access to long-term advances. See 12 U.S.C. 1430(g)(1). The regulations promulgated by FHFA must take into account factors such as the Bank member’s performance under the Community Reinvestment Act of 1977 (CRA), 12 U.S.C. 2901 et seq., and record of lending to first-time homebuyers. See 12 U.S.C. 1430(g)(2). Pursuant to section 10(g) of the Bank Act, FHFA has promulgated a community support requirements regulation that establishes standards a Bank member must meet in order to maintain access to long-term advances, and review criteria FHFA must apply in evaluating a member’s community support performance. See 12 CFR part 944. The regulation includes standards and criteria for the two statutory factors—CRA performance and record of lending to first-time homebuyers. 12 CFR 944.3. Only members subject to the CRA must meet the CRA standard. 12 CFR 944.3(b). All members, including those not subject to CRA, must meet the first-time homebuyer standard. 12 CFR 944.3(c). Under the rule, FHFA selects approximately one-eighth of the members in each Bank district for community support review each calendar quarter. 12 CFR 944.2(a). FHFA will not review an institution’s community support performance until it has been a Bank member for at least one year. Selection for review is not, nor should it be construed as, any indication of either the financial condition or the community support performance of the member. Each Bank member selected for review must complete a Community Support Statement and submit it to FHFA by the December 21, 2009 deadline prescribed in this notice. 12 CFR 944.2(b)(1)(ii) and (c). On or before November 16, 2009, each Bank will notify the members in its district that have been selected for the 2008–09 seventh round community support review cycle that they must complete and submit to FHFA by the deadline a Community Support Statement. 12 CFR 944.2(b)(2)(i). The member’s Bank will provide a blank Community Support Statement Form (OMB No. 2590–0005), which also is available on the FHFA’s Web site: https://www.fhfa.gov/webfiles/ 2924/FHFAForm060.pdf. Upon request, the member’s Bank also will provide assistance in completing the Community Support Statement. FHFA has selected the following members for the 2008–09 seventh round community support review cycle: srobinson on DSKHWCL6B1PROD with NOTICES Federal Home Loan Bank of Boston—District 1 First New England Federal Credit Union ............................................................. Bankers’ Bank Northeast ..................................................................................... Fieldpoint Private Bank & Trust ........................................................................... Ledge Light Federal Credit Union ........................................................................ Connecticut Bank and Trust Company (The) ...................................................... Prudential Bank & Trust, FSB .............................................................................. Northeast Family Federal Credit Union ............................................................... Connex Credit Union ............................................................................................ Eastern Federal Bank .......................................................................................... Workers Federal Credit Union ............................................................................. Connecticut Community Bank, N.A ...................................................................... Avon Co-operative Bank ...................................................................................... Belmont Savings Bank ......................................................................................... Beverly National Bank .......................................................................................... Industrial Credit Union .......................................................................................... Liberty Bay Credit Union ...................................................................................... Bridgewater Credit Union ..................................................................................... Massachusetts Institute of Technology FCU ....................................................... Polish National Credit Union ................................................................................ VerDate Nov<24>2008 17:03 Oct 30, 2009 Jkt 220001 PO 00000 Frm 00045 Fmt 4703 East Hartford ......................................... Glastonbury ........................................... Greenwich ............................................. Groton ................................................... Hartford ................................................. Hartford ................................................. Manchester ........................................... North Haven .......................................... Norwich ................................................. Stafford ................................................. Westport ................................................ Avon ...................................................... Belmont ................................................. Beverly .................................................. Boston ................................................... Boston ................................................... Bridgewater ........................................... Cambridge ............................................ Chicopee ............................................... Sfmt 4703 E:\FR\FM\02NON1.SGM 02NON1 Connecticut. Connecticut. Connecticut. Connecticut. Connecticut. Connecticut. Connecticut. Connecticut. Connecticut. Connecticut. Connecticut. Massachusetts. Massachusetts. Massachusetts. Massachusetts. Massachusetts. Massachusetts. Massachusetts. Massachusetts.

Agencies

[Federal Register Volume 74, Number 210 (Monday, November 2, 2009)]
[Notices]
[Pages 56612-56614]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26338]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8975-9]


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 (``Plaintiff'') in the United States District Court 
for the Northern District of California: Association of Irritated 
Residents v. EPA, No. 09-cv-1890-CW (N.D. Cal.). On or about April 30, 
2009, Plaintiff filed a complaint alleging that EPA failed to perform a 
non-discretionary duty to take action under section 110(k) of the Act 
on a revision to the state implementation plan (SIP) submitted by the 
State of California. Specifically, the complaint alleges that EPA 
failed to take action on two rules amended by the San Joaquin Valley 
Unified Air Pollution Control District (``District'') on September 21, 
2006 and included in a SIP revision submitted to EPA by the California 
Air Resources Board (CARB) on December 29, 2006: Rule 2020 
(``Exemptions'') and Rule 2020 (``New and Modified Stationary Source 
Review Rule''). The subject rule amendments relate to permitting of 
agricultural sources. In the SIP revision dated December 29, 2006, CARB 
submitted amended District Rule 2020 in its entirety but only Paragraph 
4.6.9 of District Rule 2020. Under the terms of the proposed consent 
decree, a deadline has been established for EPA to take action on the 
amended District rules as submitted on December 29, 2006. If EPA 
fulfills its obligations, Plaintiff has agreed to dismiss this suit 
with prejudice.

DATES: Written comments on the proposed consent decree must be received 
by December 2, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0831, online at https://www.regulations.gov (EPA's preferred

[[Page 56613]]

method); by e-mail to oei.docket@epa.gov; mailed to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to 
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC, between 8:30 a.m. and 4:30 p.m., Monday through Friday, 
excluding legal holidays. Comments on a disk or CD-ROM should be 
formatted in Word or ASCII file, avoiding the use of special characters 
and any form of encryption, and may be mailed to the mailing address 
above.

FOR FURTHER INFORMATION CONTACT: Jefferson Wehling, Office of Regional 
Counsel (ORC-2), U.S. Environmental Protection Agency, Region 9, 75 
Hawthorne Street, San Francisco, CA 94105; telephone: (415) 972-3901; 
fax number (415) 947-3571; e-mail address: wehling.jefferson@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit seeking action 
by EPA under section 110(k) of the CAA on two rules amended by the 
District on September 21, 2006 and included in a SIP revision submitted 
by CARB on December 29, 2006: Rule 2020 (``Exemptions'') and Paragraph 
4.6.9 of Rule 2020 (``New and Modified Stationary Source Review 
Rule''). The subject rule amendments relate to permitting of 
agricultural sources. The District has adopted further amendments to 
Rules 2020 and 2201, and CARB has submitted the further amended rules, 
which carry forward the specific amendments to the rules submitted on 
December 29, 2006, to EPA as SIP revisions. The further amended 
District Rule 2020 was submitted on March 7, 2008, and the further 
amended District Rule 2201 was submitted on March 17, 2009.
    Under the terms of the proposed consent decree, EPA will sign for 
publication in the Federal Register notice of the Agency's final action 
pursuant to CAA section 110(k) on Rule 2020 (``Exemptions'') and 
Paragraph 4.6.9 of Rule 2020 (``New and Modified Stationary Source 
Review Rule''), submitted to EPA for review on December 29, 2006, by 
March 15, 2010. However, the proposed consent decree provides that EPA 
final action on the more recent amendments to District Rules 2020 and 
2201 shall discharge EPA's obligations to act on the subject rules as 
submitted on December 29, 2006.
    In the proposed consent decree, EPA agrees that, pursuant to CAA 
section 304(d), 42 U.S.C. 7604(d), Plaintiff is both eligible and 
entitled to recover its costs of litigation in this action, including 
reasonable attorneys' fees, incurred prior to entry of the consent 
decree. 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 takes final action on the amended 
rules.
    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-2009-0831) 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, 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 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 website 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

[[Page 56614]]

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: October 26, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-26338 Filed 10-30-09; 8:45 am]
BILLING CODE 6560-50-P
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