Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Notices 25475 

to revise/modify certain of its EPAauthorized programs to allow electronic 

reporting. 

DATES: EPA’s approval is effective May 

30, 2012 for the State of Florida’s 

National Primary Drinking Water 

Regulations Implementation program, if 

no timely request for a public hearing is 

received and accepted by the Agency, 

and on April 30, 2012 for the State of 

Florida’s other authorized programs. 

FOR FURTHER INFORMATION CONTACT: Evi 

Huffer, U.S. Environmental Protection 

Agency, Office of Environmental 

Information, Mail Stop 2823T, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460, (202) 566–1697, 

huffer.evi@epa.gov, U.S. Environmental 

Protection Agency, Office of 

Environmental Information, Mail Stop 

2823T, 1200 Pennsylvania Avenue NW., 

Washington, DC 20460, or Karen Seeh, 

U.S. Environmental Protection Agency, 

Office of Environmental Information, 

Mail Stop 2823T, 1200 Pennsylvania 

Avenue NW., Washington, DC 20460, 

(202) 566–1175, seeh.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 13, 2005, the final Cross-Media 

Electronic Reporting Rule (CROMERR) 

was published in the Federal Register 

(70 FR 59848) and codified as part 3 of 

title 40 of the CFR. CROMERR 

establishes electronic reporting as an 

acceptable regulatory alternative to 

paper reporting and establishes 

requirements to assure that electronic 

documents are as legally dependable as 

their paper counterparts. Subpart D of 

CROMERR requires that state, tribal or 

local government agencies that receive, 

or wish to begin receiving, electronic 

reports under their EPA-authorized 

programs must apply to EPA for a 

revision or modification of those 

programs and obtain EPA approval. 

Subpart D provides standards for such 

approvals based on consideration of the 

electronic document receiving systems 

that the State, Tribe, or local 

government will use to implement the 

electronic reporting. Additionally, 

§ 3.1000(b) through (e) of 40 CFR part 3, 

subpart D provides special procedures 

for program revisions and modifications 

to allow electronic reporting, to be used 

at the option of the State, Tribe or local 

government in place of procedures 

available under existing programspecific authorization regulations. An 

application submitted under the subpart 

D procedures must show that the state, 

tribe or local government has sufficient 

legal authority to implement the 

electronic reporting components of the 

programs covered by the application 

and will use electronic document 

receiving systems that meet the 

applicable subpart D requirements. 

On February 22, 2011, the Florida 

Department of Environmental Protection 

(FDEP) submitted an application titled 

‘‘e-Reporting System Electronic 

Document Receiving System’’ for 

revisions/modifications of its EPAauthorized programs under title 40 CFR. 

EPA reviewed FDEP’s request to revise/ 

modify its EPA-authorized programs 

and, based on this review, EPA 

determined that the application met the 

standards for approval of authorized 

program revisions/modifications set out 

in 40 CFR part 3, subpart D. In 

accordance with 40 CFR 3.1000(d), this 

notice of EPA’s decision to approve 

Florida’s request to modify/revise its 

following EPA-authorized programs to 

allow electronic reporting under 40 CFR 

parts 51, 60, 70, 141, 144, 146, 257–258, 

262–265, 268, and 270–271 is being 

published in the Federal Register: 

Part 52—Approval and Promulgation 

of State Implementation Plans; 

Part 61—National Emission Standards 

for Hazardous Air Pollutants, Subpart 

M—National Emission Standard for 

Asbestos; 

Part 70—State Operating Permit 

Programs; 

Part 142—National Primary Drinking 

Water Regulations Implementation; 

Part 147—State, Tribal, and EPA– 

Administered Underground Injection 

Control Programs; and 

Part 272—Approved State Hazardous 

Waste Management Programs. 

FDEP was notified of EPA’s 

determination to approve its application 

with respect to the authorized program 

listed above. 

Also, in today’s notice, EPA is 

informing interested persons that they 

may request a public hearing on EPA’s 

action to approve the State of Florida’s 

request to revise its authorized public 

water system program under 40 CFR 

part 142, in accordance with 40 CFR 

3.1000(f). Requests for a hearing must be 

submitted to EPA within 30 days of 

publication of today’s Federal Register 

notice. Such requests should include 

the following information: 

(1) The name, address and telephone 

number of the individual, organization 

or other entity requesting a hearing; 

(2) A brief statement of the requesting 

person’s interest in EPA’s 

determination, a brief explanation as to 

why EPA should hold a hearing, and 

any other information that the 

requesting person wants EPA to 

consider when determining whether to 

grant the request; 

(3) The signature of the individual 

making the request, or, if the request is 

made on behalf of an organization or 

other entity, the signature of a 

responsible official of the organization 

or other entity. 

In the event a hearing is requested 

and granted, EPA will provide notice of 

the hearing in the Federal Register not 

less than 15 days prior to the scheduled 

hearing date. Frivolous or insubstantial 

requests for hearing may be denied by 

EPA. Following such a public hearing, 

EPA will review the record of the 

hearing and issue an order either 

affirming today’s determination or 

rescinding such determination. If no 

timely request for a hearing is received 

and granted, EPA’s approval of the State 

of Florida’s request to revise its Part 

142—National Primary Drinking Water 

Regulations Implementation program to 

allow electronic reporting will become 

effective 30 days after today’s notice is 

published, pursuant to CROMERR 

section 3.1000(f)(4). 

Dated: April 16, 2012. 

Andrew Battin, 

Director, Office of Information Collection. 

[FR Doc. 2012–10322 Filed 4–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OECA–2012–0331; FRL–9666–9] 

Inquiry To Learn Whether Businesses 

Assert Business Confidentiality Claims 

Regarding Waste Import and Export 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for comment. 

SUMMARY: The Environmental Protection 

Agency (EPA) receives from time to time 

Freedom of Information Act (FOIA) 

requests for documentation received or 

issued by EPA or data contained in EPA 

database systems pertaining to the 

export and import of Resource 

Conservation and Recovery Act (RCRA) 

hazardous waste from/to the United 

States, the export of cathode ray tubes 

(CRTs) and spent lead acid batteries 

(SLABs) from the United States, and the 

export and import of RCRA universal 

waste from/to the United States. These 

documents and data may identify or 

reference multiple parties, and describe 

transactions involving the movement of 

specified materials in which the parties 

propose to participate or have 

participated. The purpose of this notice 

is to inform ‘‘affected businesses’’ about 

the documents or data sought by these 

types of FOIA requests in order to 

provide the businesses with the 

opportunity to assert claims that any of 

the information sought that pertains to 

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25476 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Notices 

1The term ‘‘affected business’’ is defined at 40 

CFR 2.201(d), and is set forth in this notice, below. 

2The term ‘‘transporter’’ is defined at 40 CFR 

260.10. 

3The term ‘‘consignee’’ is defined, for different 

purposes, at 40 CFR 262.51 and 262.81(c). 

them is entitled to treatment as 

confidential business information (CBI), 

and to send comments to EPA 

supporting their claims for such 

treatment. Certain businesses, however, 

do not meet the definition of ‘‘affected 

business,’’ and are not covered by 

today’s notice. They consist of any 

business that actually submitted to EPA 

any document at issue pursuant to 

applicable RCRA regulatory 

requirements and did not assert a CBI 

claim as to information that pertains to 

that business in connection with the 

document at the time of its submission; 

they have waived their right to do so at 

a later time. Nevertheless, other 

businesses identified or referenced in 

the documents that were submitted to 

EPA by the submitting business may 

have a right to assert a CBI claim 

concerning information that pertains to 

them and may do so in response to this 

notice. 

DATES: Comments must be received on 

or before May 30, 2012. The period for 

submission of comments may be 

extended if, before the comments are 

due, you make a request for an 

extension of the comment period and it 

is approved by the EPA legal office. 

Except in extraordinary circumstances, 

the EPA legal office will not approve 

such an extension without the consent 

of any person whose request for release 

of the information under the FOIA is 

pending. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OECA–2012–0331, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• Email: kreisler.eva@epa.gov. 

• Address: Eva Kreisler, International 

Compliance Assurance Division, Office 

of Federal Activities, Office of 

Enforcement and Compliance 

Assurance, Environmental Protection 

Agency, Mailcode: 2254A, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OECA–2012– 

0331. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online 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 http://www.

regulations.gov or email. Instructions 

about how to submit comments claimed 

as CBI are given later in this notice. 

The http://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 email 

comment directly to EPA without going 

through http://www.regulations.gov, 

your email 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. Please include your name and 

other contact information with any disk 

or CD–ROM you submit by mail. 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 http://www.

epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http://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 http://www.

regulations.gov or in hard copy at the 

HQ EPA Docket Center, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. The 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 docket for this notice is 

(202) 566–1752. 

FOR FURTHER INFORMATION CONTACT: Eva 

Kreisler, International Compliance 

Assurance Division, Office of Federal 

Activities, Office of Enforcement and 

Compliance Assurance, Environmental 

Protection Agency, Mailcode: 2254A, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 564–8186; email address: 

kreisler.eva@epa.gov. 

SUPPLEMENTARY INFORMATION: Today’s 

notice relates to any documents or data 

in the following areas: (1) Export of 

Resource Conservation and Recovery 

Act (RCRA) hazardous waste, during 

calendar year 2011 or before, under 40 

CFR part 262, subparts E and H; (2) 

import of RCRA hazardous waste, 

during calendar year 2011 or before, 

under 40 CFR part 262, subparts F and 

H; (3) transit of RCRA hazardous waste, 

during calendar year 2011 or before, 

under 40 CFR part 262, subpart H, 

through the United States and foreign 

countries; (4) export of cathode ray 

tubes, during calendar year 2011 or 

before, under 40 CFR part 261, subpart 

E; (5) exports of non-crushed spent lead 

acid batteries with intact casings, during 

calendar year 2011 or before, under 40 

CFR part 266 subpart G; (6) export and 

import of RCRA universal waste, during 

calendar year 2011 or before, under 40 

CFR part 273, subparts B, C, D, and F; 

(7) submissions from transporters, 

during calendar year 2011 or before, 

under 40 CFR part 263, or from 

treatment, storage or disposal facilities 

under 40 CFR parts 264 and 265, related 

to exports or imports of hazardous waste 

which occurred during calendar year 

2011 or before, including receiving 

facility notices under 40 CFR 

264.12(a)(1) and 265.12(a)(1) and import 

consent documentation under 40 CFR 

264.71(a)3) and 265.71(a)(3). 

I. General Information 

EPA has previously published notices 

similar to this one in the Federal 

Register, the latest one being at 76 FR 

362, January 4, 2011 that address issues 

similar to those raised by today’s notice. 

The Agency did not receive any 

comments on the previous notices. 

Since the publication of the January 3, 

2012 notice, the Agency has continued 

to receive FOIA requests for documents 

and data contained in EPAs database 

related to hazardous waste exports and 

imports. 

II. Issues Covered by This Notice 

Specifically, EPA receives FOIA 

requests from time to time for 

documentation or data related to 

hazardous waste exports and imports 

that may identify or reference multiple 

parties, and that describe transactions 

involving the movement of specified 

materials in which the parties propose 

to participate or have participated. This 

notice informs ‘‘affected businesses,’’ 1

which could include, among others, 

‘‘transporters’’ 2 and ‘‘consignees,’’ 3 of 

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Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Notices 25477 

4The term ‘‘notification of intent to export’’ is 

described at 40 CFR 262.53. 

5The term ‘‘manifest’’ is defined at 40 CFR 

260.10. 

6The term ‘‘annual reports’’ is described at 40 

CFR 262.56. 

7The term ‘‘EPA acknowledgement of consent’’ is 

defined at 40 CFR 262.51. 

8The requirement to forward to the exporter ‘‘any 

subsequent communication withdrawing a prior 

consent or objection’’ is found at 42 U.S.C. 6938(e). 

9The term ‘‘exception reports’’ is described at 40 

CFR 262.55. 

10The term ‘‘transit notifications’’ is described at 

40 CFR 262.53(e). 

11The term ‘‘renotifications’’ is described at 40 

CFR 262.53(c). 

12The term ‘‘universal waste’’ is defined at 40 

CFR 273.9. 

13However, businesses having submitted 

information to EPA relating to the export and 

import of RCRA universal waste are not subject to 

40 CFR 260.2(b) since they submitted information 

in accordance with 40 CFR part 273, and not parts 

260 through 266 and 268, as set forth in 40 CFR 

260.2(b). They are therefore affected businesses that 

could make a claim of CBI at the time of submission 

or in response to this notice. 

14With the exception, noted above, of the 

submission of information relating to the export and 

import of RCRA universal waste. 

the requests for information in EPA 

database systems and/or contained in 

one or more of the following documents: 

(1) Documents related to the export of 

Resource Conservation and Recovery 

Act (RCRA) hazardous waste, during 

calendar year 2011 or before, under 40 

CFR part 262, subparts E and H, 

including but not limited to the 

‘‘notification of intent to export,’’ 4

‘‘manifests,’’ 5 ‘‘annual reports,’’ 6 ‘‘EPA 

acknowledgements of consent,’’ 7 ‘‘any 

subsequent communication 

withdrawing a prior consent or 

objection,’’ 8 ‘‘responses that neither 

consent nor object,’’ ‘‘exception 

reports,’’ 9 ‘‘transit notifications,’’ 10 and 

‘‘renotifications;’’ 11 (2) documents 

related to the import of hazardous 

waste, during calendar year 2011 or 

before, under 40 CFR part 262, subparts 

F and H, including but not limited to 

notifications of intent to import 

hazardous waste into the U.S. from 

foreign countries; (3) documents related 

to the transit of hazardous waste, during 

calendar year 2011 or before, under 40 

CFR part 262, subpart H, including 

notifications from U.S. exporters of 

intent to transit through foreign 

countries, or notifications from foreign 

countries of intent to transit through the 

U.S.; (4) documents related to the export 

of cathode ray tubes (CRTs), during 

calendar year 2011 or before, under 40 

CFR part 261, subpart E, including but 

not limited to notifications of intent to 

export CRTs; (5) documents related to 

the export of non-crushed spent lead 

acid batteries (SLABs) with intact 

casings, during calendar year 2011 or 

before, under 40 CFR part 266 subpart 

G, including but not limited to 

notifications of intent to export SLABs; 

(6) submissions from transporters under 

40 CFR part 263, or from treatment, 

storage or disposal facilities under 40 

CFR parts 264 and 265, related to 

exports or imports of hazardous waste 

which occurred during calendar year 

2011 or before, including receiving 

facility notices under 40 CFR 

264.12(a)(1) and 265.12(a)(1) and import 

consent documentation under 40 CFR 

264.71(a)(3) and 265.71(a)(3), and (7) 

documents related to the export and 

import of RCRA ‘‘universal waste’’ 12

under 40 CFR part 273, subparts B, C, 

D, and F. 

Certain businesses, however, do not 

meet the definition of ‘‘affected 

business,’’ and are not covered by 

today’s notice. They consist of any 

business that actually submitted 

information responsive to a FOIA 

request, under the authority of 40 CFR 

parts 260 through 266 and 268, and did 

not assert a claim of business 

confidentiality covering any of that 

information at the time of submission. 

As set forth in the RCRA regulations at 

40 CFR 260.2(b), ‘‘if no such [business 

confidentiality] claim accompanies the 

information when it is received by EPA, 

it may be made available to the public 

without further notice to the person 

submitting it.’’ Thus, for purposes of 

this notice and as a general matter under 

40 CFR 260.2(b), a business that 

submitted to EPA the documents at 

issue, pursuant to applicable regulatory 

requirements, and that failed to assert a 

claim as to information that pertains to 

it at the time of submission, cannot later 

make a business confidentiality claim.13

Nevertheless, other businesses 

identified or referenced in the same 

documents that were submitted to EPA 

by the submitting business may have a 

right to assert a CBI claim concerning 

information that pertains to them and 

may do so in response to this notice. 

In addition, EPA may develop its own 

documents and organize into its 

database systems information that was 

originally contained in documents from 

submitting businesses relating to 

exports and imports of hazardous waste. 

If a submitting business fails to assert a 

CBI claim for the documents it submits 

to EPA at the time of submission, not 

only does it waive its right to claim CBI 

for those documents, but it also waives 

its right to claim CBI for information in 

EPA’s documents or databases that is 

based on or derived from the documents 

that were originally submitted by that 

business.14

In accordance with 40 CFR 2.204(c) 

and (e), this notice inquires whether any 

affected business asserts a claim that 

any of the requested information 

constitutes CBI, and affords such 

business an opportunity to comment to 

EPA on the issue. This notice also 

informs affected businesses that, if a 

claim is made, EPA would determine 

under 40 CFR part 2, subpart B, whether 

any of the requested information is 

entitled to business confidential 

treatment. 

1. Affected Businesses 

EPA’s FOIA regulations at 40 CFR 

2.204(c)(1) require an EPA office that is 

responsible for responding to a FOIA 

request for the release of business 

information (‘‘EPA office’’) ‘‘to 

determine which businesses, if any, are 

affected businesses * * *.’’ ‘‘Affected 

business’’ is defined at 40 CFR 2.201(d) 

as, ‘‘* * * with reference to an item of 

business information, a business which 

has asserted (and not waived or 

withdrawn) a business confidentiality 

claim covering the information, or a 

business which could be expected to 

make such a claim if it were aware that 

disclosure of the information to the 

public was proposed.’’ 

2. The Purposes of This Notice 

This notice encompasses two distinct 

steps in the process of communication 

with affected businesses prior to EPA’s 

making a final determination 

concerning the business confidentiality 

of the information at issue: the 

preliminary inquiry and the notice of 

opportunity to comment. 

a. Inquiry To Learn Whether Affected 

Businesses (Other Than Those 

Businesses That Previously Asserted a 

CBI Claim) Assert Claims Covering Any 

of the Requested Information 

Section 2.204(c)(2)(i) provides, in 

relevant part: 

If the examination conducted under 

paragraph (c)(1) of this section discloses 

the existence of any business which, 

although it has not asserted a claim, 

might be expected to assert a claim if it 

knew EPA proposed to disclose the 

information, the EPA office shall contact 

a responsible official of each such 

business to learn whether the business 

asserts a claim covering the information. 

b. Notice of Opportunity To Submit 

Comments 

Sections 2.204(d)(1)(i) and 2.204(e)(1) 

of Title 40 of the Code of Federal 

Regulations require that written notice 

be provided to businesses that have 

made claims of business confidentiality 

for any of the information at issue, 

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25478 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Notices 

stating that EPA is determining under 

40 CFR part 2, subpart B, whether the 

information is entitled to business 

confidential treatment, and affording 

each business an opportunity to 

comment as to the reasons why it 

believes that the information deserves 

business confidential treatment. 

3. The Use of Publication in the Federal 

Register 

Section 2.204(e)(1) of Title 40 of the 

Code of Federal Regulations requires 

that this type of notice be furnished by 

certified mail (return receipt requested), 

by personal delivery, or by other means 

which allows verification of the fact and 

date of receipt. EPA, however, has 

determined that in the present 

circumstances the use of a Federal 

Register notice is the only practical and 

efficient way to contact affected 

businesses and to furnish the notice of 

opportunity to submit comments. The 

Agency’s decision to follow this course 

was made in recognition of the 

administrative difficulty and 

impracticality of directly contacting 

potentially thousands of individual 

businesses. 

4. Submission of Your Response in the 

English Language 

All responses to this notice must be 

in the English language. 

5. The Effect of Failure To Respond to 

This Notice 

In accordance with 40 CFR 2.204(e)(1) 

and 2.205(d)(1), EPA will construe your 

failure to furnish timely comments in 

response to this notice as a waiver of 

your business’s claim(s) of business 

confidentiality for any information in 

the types of documents identified in this 

notice. 

6. What To Include in Your Comments 

If you believe that any of the 

information contained in the types of 

documents which are described in this 

notice and which are currently, or may 

become, subject to FOIA requests, is 

entitled to business confidential 

treatment, please specify which portions 

of the information you consider 

business confidential. Information not 

specifically identified as subject to a 

business confidentiality claim may be 

disclosed to the requestor without 

further notice to you. 

For each item or class of information 

that you identify as being subject to 

your claim, please answer the following 

questions, giving as much detail as 

possible: 

1. For what period of time do you 

request that the information be 

maintained as business confidential, 

e.g., until a certain date, until the 

occurrence of a specified event, or 

permanently? If the occurrence of a 

specific event will eliminate the need 

for business confidentiality, please 

specify that event. 

2. Information submitted to EPA 

becomes stale over time. Why should 

the information you claim as business 

confidential be protected for the time 

period specified in your answer to 

question no. 1? 

3. What measures have you taken to 

protect the information claimed as 

business confidential? Have you 

disclosed the information to anyone 

other than a governmental body or 

someone who is bound by an agreement 

not to disclose the information further? 

If so, why should the information still 

be considered business confidential? 

4. Is the information contained in any 

publicly available material such as the 

Internet, publicly available data bases, 

promotional publications, annual 

reports, or articles? Is there any means 

by which a member of the public could 

obtain access to the information? Is the 

information of a kind that you would 

customarily not release to the public? 

5. Has any governmental body made 

a determination as to the business 

confidentiality of the information? If so, 

please attach a copy of the 

determination. 

6. For each category of information 

claimed as business confidential, 

explain with specificity why release of 

the information is likely to cause 

substantial harm to your competitive 

position. Explain the specific nature of 

those harmful effects, why they should 

be viewed as substantial, and the causal 

relationship between disclosure and 

such harmful effects. How could your 

competitors make use of this 

information to your detriment? 

7. Do you assert that the information 

is submitted on a voluntary or a 

mandatory basis? Please explain the 

reason for your assertion. If the business 

asserts that the information is 

voluntarily submitted information, 

please explain whether and why 

disclosure of the information would 

tend to lessen the availability to EPA of 

similar information in the future. 

8. Any other issue you deem relevant. 

Please note that you bear the burden 

of substantiating your business 

confidentiality claim. Conclusory 

allegations will be given little or no 

weight in the determination. If you wish 

to claim any of the information in your 

response as business confidential, you 

must mark the response ‘‘BUSINESS 

CONFIDENTIAL’’ or with a similar 

designation, and must bracket all text so 

claimed. Information so designated will 

be disclosed by EPA only to the extent 

allowed by, and by means of, the 

procedures set forth in, 40 CFR part 2, 

subpart B. If you fail to claim the 

information as business confidential, it 

may be made available to the requestor 

without further notice to you. 

III. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http:// 

www.regulations.gov or email. Please 

submit this information by mail to the 

address identified in the ADDRESSES

section of today’s notice for inclusion in 

the non-public CBI docket. 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. Information so 

marked will not be disclosed except in 

accordance with the procedures set 

forth in 40 CFR part 2, subpart B. In 

addition to the submission of 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. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the notice by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

Dated: April 20, 2012. 

Susan E. Bromm, 

Director, Office of Federal Activities. 

[FR Doc. 2012–10328 Filed 4–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

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