Proposed Settlement Agreement, Clean Air Act Citizen Suit, 58955-58957 [E9-27418]

Download as PDF Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices 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: Scott Jordan, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564–7508; fax number (202) 564–5603; e-mail address: jordan.scott@epa.gov. SUPPLEMENTARY INFORMATION: mstockstill on DSKH9S0YB1PROD with NOTICES I. Additional Information About the Proposed Consent Decree This proposed consent decree would settle a deadline suit filed by Plaintiffs for EPA’s failure to review, and if appropriate revise, 40 CFR part 60, subpart G, New Source Performance Standards for Nitric Acid Plants. Under the terms of the proposed consent decree, on or before November 15, 2010, EPA will sign and submit for publication in the Federal Register one or a combination of the following: (a) A proposed rule containing revisions to NSPS Subpart G pursuant to CAA 111(b)(1)(B); and/or (b) a proposed and/ or final determination under CAA 111(b)(1)(B) not to revise NSPS Subpart G. If EPA signs a propose rule or propose determination, then on or before November 15, 2011, EPA will sign and submit for publication in the Federal Register, one or a combination of the following: (a) A final rule containing revisions to NSPS Subpart G pursuant to CAA 111(b)(1)(B); and/or (b) a final determination under CAA 111(b)(1)(B) not to revise NSPS Subpart G. If EPA signed a final determination under CAA 111(b)(1)(B) not to revise NSPS Subpart G, then EPA shall have no obligation to take action. The proposed consent decree states that, after EPA fulfills its obligations under the decree, the case shall be dismissed with prejudice. For a period of thirty (30) days following the date of publication of this notice, the Agency will accept written comments relating to the proposed consent decree from persons who 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 submitted, that consent to this consent VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 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–2009–0854) 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 http:// www.regulations.gov. You may use the http://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 http:// 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. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 58955 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 http://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 http://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: November 9, 2009. Richard B. Ossias, Associate General Counsel. [FR Doc. E9–27412 Filed 11–13–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8981–1] Proposed Settlement Agreement, Clean Air Act Citizen Suit AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed settlement agreement; request for public comment. E:\FR\FM\16NON1.SGM 16NON1 58956 Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: In accordance with section 113(g) of the Clean Air Act, as amended (‘‘Act’’), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement, to address a lawsuit filed by Mossville Environmental Action Now, Louisiana Environmental Action Network, and Sierra Club (collectively, ‘‘Plaintiffs’’) in the United States District Court for the District of Columbia: Mossville Environmental Action Now, et al. v. EPA, No. 1:08–cv–01803 (D.D.C.). On October 22, 2008, Plaintiffs filed a complaint alleging that EPA failed to promulgate emission standards for major sources of hazardous air pollutant emissions from polyvinyl chloride and copolymers production facilities (‘‘PVC Standards’’) as required under section 112(e)(1)(E) of the CAA, 42 U.S.C. 7412(e)(1)(E). The proposed settlement agreement establishes deadlines by which the Administrator must sign the proposed and final rules for PVC Standards. DATES: Written comments on the proposed settlement agreement must be received by December 16, 2009. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OGC–2009–0848, online at http:// 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: Mark Kataoka, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: (202) 564–5584; fax number (202) 564–5603; e-mail address: kataoka.mark@epa.gov. SUPPLEMENTARY INFORMATION: I. Additional Information About the Proposed Settlement The settlement agreement resolves a lawsuit alleging that EPA failed to promulgate emission standards for major sources of hazardous air pollutant emissions from polyvinyl chloride and copolymers production facilities (‘‘PVC Standards’’) as required under section VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 112(e)(1)(E) of the CAA, 42 U.S.C. 7412(e)(1)(E). The settlement agreement provides that within 10 days after the agreement is executed both parties will jointly notify the Court of this settlement agreement and request that the case be held in abeyance. The settlement agreement states that EPA shall sign a proposed rule to establish PVC Standards no later than October 29, 2010, and that EPA shall sign a final rule to establish PVC Standards no later than July 29, 2011. The settlement agreement further states if EPA fulfills its obligations under the agreement than Plaintiffs shall file a motion for voluntary dismissal of the complaint with prejudice. Furthermore, the agreement states that EPA shall reimburse Plaintiffs for their litigation costs and attorneys’ fees. 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 settlement agreement. EPA or the Department of Justice may withdraw or withhold consent to the proposed settlement agreement 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 settlement agreement should be withdrawn, the terms of the agreement will be affirmed. II. Additional Information About Commenting on the Proposed Settlement Agreement A. How Can I Get a Copy of the Settlement Agreement? Direct your comments to the official public docket for this action under Docket ID No. EPA–HQ–OGC–2009– 0848, which contains a copy of the settlement agreement. 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 http:// www.regulations.gov. You may use http://www.regulations.gov to submit or PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 view public comments, access the index listing of the contents of the official public docket, and access those documents in the public docket that are available electronically. Once in the system, key in the appropriate docket identification number then select ‘‘search’’. It is important to note that EPA’s policy is that public comments, whether submitted electronically or on paper, will be made available for public viewing online at http:// 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 http://www.regulations.gov Web site to submit comments to EPA E:\FR\FM\16NON1.SGM 16NON1 Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Notices 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 http://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: November 6, 2009. Patricia A. Embrey, Acting Associate General Counsel. [FR Doc. E9–27418 Filed 11–13–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2009–0735; FRL–8797–8] Pesticide Products; Registration Applications mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces receipt of applications to register new uses for pesticide products containing currently registered active ingredients, pursuant to the provisions of section 3(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. EPA is publishing this notice of such applications, pursuant to section 3(c)(4) of FIFRA. DATES: Comments must be received on or before December 16, 2009. ADDRESSES: Submit your comments, identified by docket identification (ID) number specified in Unit II. of the SUPPLEMENTARY INFORMATION by one of the following methods: • Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line 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 VerDate Nov<24>2008 16:41 Nov 13, 2009 Jkt 220001 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. Instructions: Direct your comments to docket ID number specified for the pesticide of interest as shown in the registration application summaries. EPA’s policy is that all comments received will be included in the docket without change and may be made available on-line at http:// www.regulations.gov, including any personal information provided, unless the 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 regulations.gov or email. The regulations.gov website 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 regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the 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. Docket: All documents in the docket are listed in the docket index available at http://www.regulations.gov. 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, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at http:// www.regulations.gov, or, if only available in hard copy, at the 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 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 58957 holidays. The Docket Facility telephone number is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: A contact person is listed at the end of each registration application summary and may be contacted by telephone or e-mail. The mailing address for each contact person listed is: Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DCD 20460–0001. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. E:\FR\FM\16NON1.SGM 16NON1

Agencies

[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Notices]
[Pages 58955-58957]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27418]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8981-1]


Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public 
comment.

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

[[Page 58956]]

SUMMARY: In accordance with section 113(g) of the Clean Air Act, as 
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a 
proposed settlement agreement, to address a lawsuit filed by Mossville 
Environmental Action Now, Louisiana Environmental Action Network, and 
Sierra Club (collectively, ``Plaintiffs'') in the United States 
District Court for the District of Columbia: Mossville Environmental 
Action Now, et al. v. EPA, No. 1:08-cv-01803 (D.D.C.). On October 22, 
2008, Plaintiffs filed a complaint alleging that EPA failed to 
promulgate emission standards for major sources of hazardous air 
pollutant emissions from polyvinyl chloride and copolymers production 
facilities (``PVC Standards'') as required under section 112(e)(1)(E) 
of the CAA, 42 U.S.C. 7412(e)(1)(E). The proposed settlement agreement 
establishes deadlines by which the Administrator must sign the proposed 
and final rules for PVC Standards.

DATES: Written comments on the proposed settlement agreement must be 
received by December 16, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0848, online at http://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: Mark Kataoka, Air and Radiation Law 
Office (2344A), Office of General Counsel, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: (202) 564-5584; fax number (202) 564-5603; e-mail address: 
kataoka.mark@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement

    The settlement agreement resolves a lawsuit alleging that EPA 
failed to promulgate emission standards for major sources of hazardous 
air pollutant emissions from polyvinyl chloride and copolymers 
production facilities (``PVC Standards'') as required under section 
112(e)(1)(E) of the CAA, 42 U.S.C. 7412(e)(1)(E).
    The settlement agreement provides that within 10 days after the 
agreement is executed both parties will jointly notify the Court of 
this settlement agreement and request that the case be held in 
abeyance. The settlement agreement states that EPA shall sign a 
proposed rule to establish PVC Standards no later than October 29, 
2010, and that EPA shall sign a final rule to establish PVC Standards 
no later than July 29, 2011. The settlement agreement further states if 
EPA fulfills its obligations under the agreement than Plaintiffs shall 
file a motion for voluntary dismissal of the complaint with prejudice. 
Furthermore, the agreement states that EPA shall reimburse Plaintiffs 
for their litigation costs and attorneys' fees.
    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 settlement agreement. EPA or the Department of Justice may 
withdraw or withhold consent to the proposed settlement agreement 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 settlement agreement should be withdrawn, the terms of the 
agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreement

A. How Can I Get a Copy of the Settlement Agreement?

    Direct your comments to the official public docket for this action 
under Docket ID No. EPA-HQ-OGC-2009-0848, which contains a copy of the 
settlement agreement. 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 
http://www.regulations.gov. You may use http://www.regulations.gov to 
submit or view public comments, access the index listing of the 
contents of the official public docket, and access those documents in 
the public docket that are available electronically. Once in the 
system, key in the appropriate docket identification number then select 
``search''.
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or on paper, will be made available 
for public viewing online at http://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 http://www.regulations.gov Web site to submit comments 
to EPA

[[Page 58957]]

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 http://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: November 6, 2009.
Patricia A. Embrey,
Acting Associate General Counsel.
[FR Doc. E9-27418 Filed 11-13-09; 8:45 am]
BILLING CODE 6560-50-P