Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations 52233 

Act (5 U.S.C. 601, et seq.). Because this 

rule makes a determination based on air 

quality data and suspends certain 

federal requirements, it does not contain 

any unfunded mandate or significantly 

or uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it only 

proposes to make a determination based 

on air quality data and suspend certain 

federal requirements, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the CAA. This rule also is not subject 

to Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it proposes to 

determine that air quality in the affected 

area is meeting federal standards. The 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply because it would 

be inconsistent with applicable law for 

EPA, when determining the attainment 

status of an area, to use voluntary 

consensus standards in place of 

promulgated air quality standards and 

monitoring procedures that otherwise 

satisfy the provisions of the CAA. This 

rule does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501, et seq.). Under 

Executive Order 12898, EPA finds that 

this rule involves a proposed 

determination of attainment based on 

air quality data and will not have 

disproportionately high and adverse 

human health or environmental effects 

on any communities in the area, 

including minority and low-income. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 29, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action, 

pertaining to the determination of 

attaining data for the 2008 lead standard 

for the Bristol Area, may not be 

challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Lead, Reporting and 

recordkeeping requirements. 

Dated: August 13, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart RR—Tennessee 

■ 2. Amend § 52.2236 by designating 

the existing undesignated paragraph as 

paragraph (a), and adding paragraph (b) 

to read as follows: 

§ 52.2236 Control strategy; lead. 

(a) * * * 

(b) Determination of attaining data. 

EPA has determined the Bristol, 

Tennessee, nonattainment area has 

attaining data for the 2008 lead (Pb) 

NAAQS. This clean data determination 

suspends the requirements for this area 

to submit an attainment demonstration, 

associated reasonably available control 

measures, a reasonable further progress 

plan, contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 2008 Pb NAAQS. 

[FR Doc. 2012–21246 Filed 8–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R02–OAR–2012–0032, FRL–9714–5] 

Approval and Promulgation of 

Implementation Plans and Operating 

Permits Program; Commonwealth of 

Puerto Rico; Administrative Changes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving revisions to 

the Puerto Rico Regulations for the 

Control of Atmospheric Pollution, 

submitted to EPA by the Puerto Rico 

Environmental Quality Board on July 

13, 2011. This action approves revisions 

to Rules 102, 111, 115, 116 and 

Appendix A. EPA is also approving a 

revision to Rule 609 as part of Puerto 

Rico’s Title V Operating Program. 

Generally the revisions to the 

regulations involve administrative 

changes which improve the clarity of 

the rules contained in the 

Commonwealth’s Implementation Plan 

and Operating Permits Program. They 

do not change the emission limitations 

nor add significant new requirements. 

DATES: Effective Date: This rule will be 

effective on September 28, 2012. 

ADDRESSES: EPA has established a 

docket for this action under the Federal 

Docket Management System (FDMS) 

which replaces the Regional Materials 

in EDOCKET (RME) docket system. The 

new FDMS is located at 

www.regulations.gov and the docket ID 

for this action is EPA–R02–OAR–2012– 

0032. All documents in the docket are 

listed in the FDMS index. Publicly 

available docket materials are available 

either electronically in FDMS or in hard 

copy at the Environmental Protection 

Agency, Region 2 Office, Air Programs 

Branch, 290 Broadway, 25th Floor, New 

York, New York 10007–1866. Copies of 

the documents relevant to this action 

are also available for public inspection 

during normal business hours, by 

appointment at the Air and Radiation 

Docket and Information Center, 

Environmental Protection Agency, 

Room 3334, 1301 Constitution Avenue 

NW., Washington, DC; and the Puerto 

Rico Environmental Quality Board, Cruz 

A. Matos Environmental Agencies 

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52234 Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations 

Building, 1375 Ponce de Leon Avenue, 

San Juan, Puerto Rico, 00926. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–3381. 

SUPPLEMENTARY INFORMATION: On July 

13, 2011, the Puerto Rico Environmental 

Quality Board (PREQB) submitted to 

EPA a request for approval of revisions 

to the Puerto Rico Regulations for the 

Control of Atmospheric Pollution 

(PRRCAP). In the context of the Clean 

Air Act (CAA or Act), the 

Commonwealth of Puerto Rico is 

regarded as a state. Generally the 

changes to the PRRCAP involve 

administrative changes which improve 

the clarity of the rules. They do not 

change the emission limitations nor add 

significant new requirements. 

On March 22, 2012 (77 FR 16676), 

EPA published a direct final rule that 

approved the revisions to the Puerto 

Rico Regulations for the Control of 

Atmospheric Pollution that were 

submitted to EPA by PREQB on July 13, 

2011. EPA also published a proposed 

rule on March 22, 2012 (77 FR 16795). 

In the direct final rule, EPA stated that 

if we received adverse comments by 

April 23, 2012, the rule would be 

withdrawn and not take effect. EPA 

received an adverse comment and 

withdrew the direct final rule on May 

29, 2012 (77 FR 31499). Based upon the 

proposed action published on March 22, 

2012 (77 FR 16795), EPA is addressing 

the comment received in this final 

action. EPA is not instituting a second 

comment period on this action. 

I. Revisions to the PRRCAP 

Most of the revisions consist of 

clarification type changes such as public 

law or code cites or word changes. A 

summary of the various revisions is 

given below. EPA has determined that 

the revisions improve the effectiveness 

of the PRRCAP and will have no 

negative effect on maintaining the 

national ambient air quality standards. 

A. General Provisions 

Rule 102, ‘‘Definitions’’ and Appendix 

A, ‘‘Hazardous Air Pollutants—Section 

112(b) of the Clean Air Act’’ 

PREQB revised two definitions in the 

revised Rule 102. They include the 

definition for ‘‘Volatile Organic 

Compounds (VOC)’’ and the definition 

for ‘‘Applicable Rule and Regulation.’’ 

PREQB revised the VOC definition to 

make it consistent with EPA’s definition 

for VOC found in 40 CFR section 

51.100(s). The revision to the 

‘‘Applicable Rule and Regulation’’ 

definition includes a change to the 

citation of Puerto Rico’s Environmental 

Public Policy Act. It was previously 

referenced in the definition as Law No. 

9 of June 18, 1970. That Law was 

replaced by Law No. 416 of September 

22, 2004. 

PREQB also revised Appendix A to 

the PRRCAP. PREQB revised Appendix 

A to make it consistent with EPA’s 

amended list of hazardous air pollutants 

in CAA section 112. Appendix A is 

referenced in the federally approved 

definition of Rule 102—‘‘Hazardous Air 

Pollutant’’ of the PRRCAP. 

Rule 111, ‘‘Applications, Hearings, 

Public Notice’’ and Rule 115, 

‘‘Punishment’’ 

PREQB revised Rules 111 and 115 in 

order to change the citation to Puerto 

Rico’s Environmental Public Policy Act. 

It was previously referenced in Rules 

111 and 115 as Law No. 9 of June 18, 

1970. That Law was replaced by Law 

No. 416 of September 22, 2004. 

Rule 116, ‘‘Public Nuisance’’ 

PREQB revised Rule 116 in order to 

revise the citation of the applicable 

Puerto Rico code. Rule 116 previously 

referenced Article 329 of the Penal Code 

of Puerto Rico and this reference was 

replaced with Article 277 of the Civil 

Prosecution Code of Puerto Rico. 

None of the revisions to Rules 102, 

111, 115, 116 or Appendix A of the 

PRRCAP involve changing the 

stringency of these provisions. EPA has 

thoroughly reviewed all of the revisions 

contained in these rules and has 

determined they meet EPA guidance 

and requirements; therefore, EPA is 

approving these revised rules. However, 

with regard to the revisions to the 

definition of VOC in Rule 102 and 

Appendix A, which are intended to 

achieve consistency with the CAA 

Section 112 list of chemicals, it is 

important to note that the CAA Section 

112 list could potentially be revised by 

EPA and, for federal enforcement 

purposes, EPA will rely on the federally 

issued CAA Section 112 list. 

B. Other Provisions 

Rule 609, ‘‘Permit Review’’ 

PREQB also submitted a revision to 

Rule 609(g), ‘‘Confidential information’’ 

of the PRRCAP on July 13, 2011. The 

revisions to Rule 609 include the 

citation for Puerto Rico’s Environmental 

Public Policy Act. It was previously 

referenced as Law No. 9 of June 18, 

1970. That Law has subsequently been 

replaced by Law No. 416 of September 

22, 2004. Rule 609 was never approved 

into the federally enforceable SIP for 

Puerto Rico since the provisions of Rule 

609 are relevant to the Title V of the Act 

requirements. The federally approved 

SIP reflects only Title I of the Act 

requirements and not Title V. Therefore, 

EPA is not approving the revisions to 

Rule 609 into the federally enforceable 

Puerto Rico SIP. However, EPA is 

approving the revision to Rule 609 as 

part of the federally approved Puerto 

Rico Title V operating permits program. 

Rule 609 and the Puerto Rico Title V 

program were previously approved by 

EPA on February 26, 1996 (61 FR 7073). 

II. What comments did EPA receive in 

response to its proposal? 

On March 22, 2012 (77 FR 16676), 

EPA proposed to approve the revisions 

to the PRRCAP, submitted to EPA by the 

Puerto Rico Environmental Quality 

Board on July 13, 2011. 

In response to EPA’s March 22, 2012 

proposed rulemaking action, EPA 

received one comment from Aida T. 

Fuentes Rivera, MPH. 

Comment: The commentor states that 

there are other volatile organic 

compounds that have the potential to 

volatilize and produce adverse health 

effects, but are neither subject to the 

PRRCAP Rule 102 definition for VOCs, 

nor included in the section 112(b) 

Hazardous Air Pollutant (HAP) list. The 

commentor suggests that Puerto Rico 

harmonize all of its rules to clarify the 

applicability of all sources of VOCs, not 

just those sources applicable to Rule 

102, National Emission Standards from 

Hazardous Air Pollutants (NESHAPs) or 

New Source Performance Standards 

(NSPS) or other federal requirements. 

Response: EPA is approving a revision 

to the PRRCAP to include, among other 

things, the federal definition of ‘‘VOC’’ 

into Rule 102. This definition is 

consistent with the existing federal 

definition of VOC found in 40 CFR 

section 51.100(s). EPA is acting on a 

request by the PREQB to include such 

definition into its SIP. Incorporation of 

the definition into the Puerto Rico SIP 

does not impose any new requirements, 

i.e., emission rates, reporting or 

recordkeeping. It is PREQB’s prerogative 

should they subsequently decide to 

revise their SIP approved regulations, 

i.e., Rules 102 and 206 (Rule 419 and 

Appendix B are not part of the federally 

approved Puerto Rico SIP), to include a 

discussion of those rules’ applicability 

to sources not otherwise affected by 

NESHAPs, NSPS or other federal 

requirements. However, that is not 

necessary for EPA approval of the 

definition of VOC into the SIP, nor is 

that part of PREQB’s request for which 

EPA is taking this action. EPA suggests 

the comment would be more 

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Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations 52235 

appropriately directed towards PREQB 

during the public hearing process 

associated with any subsequent and 

relevant revisions to the PRRCAP. Also, 

it is important to note that approved 

implementation plans or SIPs pursuant 

to section 110 of the CAA are required 

to include provisions necessary to 

implement, maintain and enforce the 

criteria pollutants or national ambient 

air quality standards and not directly 

HAPs or air toxics. 

III. Conclusion 

The revisions to Rules 102, 111, 115, 

116 and Appendix A of the PRRCAP, 

effective February 18, 2011, are 

generally administrative changes, which 

improve the clarity of the rules. They do 

not change emission limitations nor add 

significant new requirements. EPA has 

thoroughly reviewed all of the revisions 

contained in these rules and has 

determined they meet EPA guidance 

and requirements. EPA is therefore 

approving revised PRRCAP Rules 102, 

111, 115, 116 and Appendix A into the 

SIP. In addition, EPA is approving 

revised Rule 609 of the PRRCAP, 

effective February 18, 2011, as part of 

the federally approved Puerto Rico Title 

V operating permits program. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 29, 2012. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: July 31, 2012. 

Judith A. Enck, 

Regional Administrator, Region 2. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart BBB—Puerto Rico 

■ 2. Section 52.2723 is amended by 

revising the ‘‘EPA approval date’’ 

entries for Rules 102, 111, 115, 116 and 

Appendix A. 

§ 52.2723 EPA approved Puerto Rico 

regulations. 

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52236 Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations 

REGULATION FOR THE CONTROL OF ATMOSPHERIC POLLUTION

Puerto Rico regulation 

Commonwealth 

effective date 

EPA approval date Comments 

*******

Rule 102—Definitions .............. 2/18/11 8/29/12, [Insert FR page citation].Puerto Rico’s Environmental Public Policy Act Law No. 9 of 

June 18, 1970 was replaced with Law 416 of September 

22, 2004. 

* * * * * * * 

Rule 111—Applications, Public 

Hearings and Public Notice.

2/18/11 8/29/12, [Insert FR page citation].Puerto Rico’s Environmental Public Policy Act Law No. 9 of 

June 18, 1970 was replaced with Law 416 of September 

22, 2004. 

* * * * * * * 

Rule 115— Penalties ............... 2/18/11 8/29/12, [Insert FR page citation].Puerto Rico’s Environmental Public Policy Act Law No. 9 of 

June 18, 1970 was replaced with Law 416 of September 

22, 2004. 

Rule 116— Public Nuisance .... 2/18/11 8/29/12, [Insert FR page citation].Puerto Rico’s Environmental Public Policy Act Law No. 9 of 

June 18, 1970 was replaced with Law 416 of September 

22, 2004. 

* * * * * * * 

Appendix A, Hazardous Air 

Pollutants—Section 112(b) 

of the Clean Air Act.

2/18/11 8/29/12, [Insert FR page citation].

[FR Doc. 2012–19961 Filed 8–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0564; FRL–9360–2] 

Thifensulfuron Methyl; Pesticide 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of thifensulfuron 

methyl in or on chicory roots and 

chicory tops. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

August 29, 2012. Objections and 

requests for hearings must be received 

on or before October 29, 2012, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0564, is 

available at http://www.regulations.gov 

or at the OPP Docket in the 

Environmental Protection Agency 

Docket Center (EPA/DC), located in EPA 

West, Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. 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 OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Ertman, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9367; email address: 

ertman.andrew@epa.gov. 

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 those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://ecfr.gpoaccess.gov/cgi/t/

text/text-idx?&c=ecfr&tpl=/ecfrbrowse/

Title40/40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2011–0564 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before October 29, 2012. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit a copy of 

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