Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Proposed Rules 41739 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

the EPA to provide Congress, through 

OMB, explanations when the Agency 

decides not to use available and 

applicable voluntary consensus 

standards. 

This rulemaking does not involve 

technical standards. Therefore, the EPA 

is not considering the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This action proposes 

to waive the requirement for states to 

adopt Stage II programs, based on a 

determination of widespread use of 

ORVR. The EPA believes that by the 

date specified in the proposed rule, the 

amount of control that ORVR alone will 

achieve will be equivalent to the 

amount of control Stage II alone would 

achieve. 

K. Determination Under Section 307(d) 

Pursuant to sections 307(d)(1)(K) and 

307(d)(1)(V) of the CAA, the 

Administrator determines that this 

action is subject to the provisions of 

section 307(d). Section 307(d)(1)(V) 

provides that the provisions of section 

307(d) apply to ‘‘such other actions as 

the Administrator may determine.’’ 

VI. Statutory Authority 

The statutory authority for this action 

is provided by sections 182(b)(3) and 

202(a)(6) of the CAA, as amended (42 

U.S.C. 7511a(b)(3) and 42 

U.S.C.7521(a)(6)). This notice is also 

subject to section 307(d) of the CAA (42 

U.S.C. 7407(d)). 

List of Subjects in 40 CFR Part 51 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Ozone, Particulate 

matter, Volatile organic compounds. 

Dated: July 8, 2011. 

Lisa P. Jackson, 

Administrator. 

For reasons set forth in the preamble, 

part 51 of chapter I of title 40 of the 

Code of Federal Regulations is proposed 

to be amended as follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS 

1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401– 

7671q. 

Subpart G—[Amended] 

2. Section 51.126 is added to read as 

follows: 

§ 51.126 Determination of widespread use 

of ORVR and waiver of CAA section 

182(b)(3) Stage II gasoline vapor recovery 

requirements. 

(a) Pursuant to section 202(a)(6) of the 

Clean Air Act, the Administrator has 

determined that, effective June 30, 2013, 

onboard refueling vapor recovery 

(ORVR) systems are in widespread use 

in the motor vehicle fleet within the 

United States. 

(b) Effective June 30, 2013, the 

Administrator waives the requirement 

of Clean Air Act section 182(b)(3) for 

Stage II vapor recovery systems in ozone 

nonattainment areas regardless of 

classification. States must submit and 

receive the EPA approval of a revision 

to their State Implementation Plans 

before removing Stage II requirements 

that are contained therein. 

(c) Notwithstanding paragraphs (a) 

and (b) of this section, States may 

submit to the EPA demonstrations that 

ORVR systems are in widespread use for 

areas within their borders as of a date 

earlier than June 30, 2013, and may 

request an earlier date for revision or 

waiver of the Clean Air Act section 

182(b)(3) Stage II requirement based on 

such a demonstration. The 

Administrator may act on such requests 

by rule under Clean Air Act section 

202(a)(6). 

[FR Doc. 2011–17888 Filed 7–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0454; FRL–9439–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Determination of Attainment 

and Determination of Clean Data for 

the Annual 1997 Fine Particle Standard 

for the Charleston Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to make two 

determinations regarding the 

Charleston, West Virginia fine 

particulate matter (PM2.5) nonattainment 

area (hereafter referred to as ‘‘Charleston 

Area’’ or ‘‘Area’’). First, EPA is 

proposing to determine that the Area 

has attained the 1997 annual average 

PM2.5 National Ambient Air Quality 

Standard (NAAQS). This proposed 

determination of attainment is based 

upon complete, quality-assured, and 

certified ambient air monitoring data for 

the 2007–2009 period showing that the 

Charleston Area has attained the 1997 

annual PM2.5 NAAQS and data available 

to date for 2010 in EPA’s Air Quality 

System (AQS) database that show the 

area continues to attain. If EPA finalizes 

this proposed determination of 

attainment, the requirements for the 

Charleston Area to submit attainment 

demonstrations and associated 

reasonably available control measures 

(RACM), a reasonable further progress 

(RFP) plan, contingency measures, and 

other planning State Implementation 

Plan (SIP) revisions related to 

attainment of the standard shall be 

suspended for so long as the Area 

continues to attain the annual PM2.5

NAAQS. Second, EPA is also proposing 

to determine based on quality-assured 

and certified monitoring data for the 

2007–2009 monitoring period that the 

area has attained the 1997 annual PM2.5

NAAQS, by its applicable attainment 

date of April 5, 2010. 

DATES: Comments must be received on 

or before August 15, 2011. 

ADDRESSES: Submit your comments 

regarding the Charleston Area, 

identified by Docket ID No. EPA–R03– 

OAR–2011–0454, by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0454, 

Cristina Fernandez, Associate Director, 


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Office of Air Program Planning, Mail 

code 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0454. 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 e-mail. 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 e-mail comment directly 

to EPA without going through http:// 

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. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What actions is EPA taking? 

II. What is the background for these actions? 

III. Has the Charleston Area attained the 1997 

annual PM2.5 standard? 

A. Criteria 

B. Charleston Area Air Quality 

C. How did EPA address air quality in the 

Charleston Area? 

D. Has the Charleston Area met the 1997 

annual PM2.5 air quality standard? 

IV. What is the effect of these actions? 

V. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

In accordance with section 179(c)(1) 

of the Clean Air Act (CAA), 42 United 

States Code section 7509(c)(1), and 40 

Code of Federal Register (CFR) section 

51.1004(c), EPA is proposing to 

determine that the Charleston Area 

(composed of Kanawha and Putnam 

Counties) has attained the 1997 annual 

PM2.5 NAAQS. This proposed action is 

based upon complete, quality-assured, 

and certified ambient air monitoring 

data for the 2007–2009 monitoring 

period that show that the Area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS and data available 

to date for 2010 that show the Area 

continues to attain. EPA is also 

proposing to determine, in accordance 

with EPA’s PM2.5 Implementation Rule 

of April 25, 2007 (72 FR 20664), that the 

Charleston Area has attained the 1997 

annual PM2.5 NAAQS by its applicable 

attainment date of April 5, 2010. 

II. What is the background for these 

actions? 

On July 18, 1997 (62 FR 36852), EPA 

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter (μg/ 

m3) based on a 3-year average of annual 

mean PM2.5 concentrations (hereafter 

referred to as ‘‘the annual PM2.5

NAAQS’’ or ‘‘the annual standard’’). At 

that time, EPA also established a 24- 

hour standard of 65 μg/m3 (the ‘‘1997 

24-hour standard’’). See 40 CFR 50.7. 

On January 5, 2005 (70 FR 944), EPA 

published its air quality designations 

and classifications for the 1997 PM2.5

NAAQS based upon air quality 

monitoring data from those monitors for 

calendar years 2001–2003. These 

designations became effective on April 

5, 2005. The Charleston Area was 

designated nonattainment for the annual 

1997 PM2.5 NAAQS during this 

designations process. See 40 CFR 81.349 

(West Virginia). 

On October 17, 2006 (71 FR 61144), 

EPA retained the 1997 annual PM2.5

NAAQS at 15.0 μg/m3 based on a 3-year 

average of annual mean PM2.5

concentrations and promulgated a 24- 

hour standard of 35 μg/m3 based on a 

3-year average of the 98th percentile of 

24-hour concentrations (the ‘‘2006 24- 

hour standard’’). On November 13, 

2009, EPA designated the Charleston 

Area as nonattainment for the 2006 24- 

hour standard (74 FR 58688). In that 

action, EPA also clarified the 

designations for the PM2.5 NAAQS 

promulgated in 1997, stating that the 

Charleston Area was designated as 

nonattainment for the annual standard 

and attainment for the 1997 24-hour 

standard. Today’s action, however, does 

not address either the 1997 or the 2006 

24-hour standard. 

In response to legal challenges of the 

annual standard promulgated in 2006, 

the U.S. Court of Appeals for the District 

of Columbia Circuit (DC Circuit) 

remanded this standard to EPA for 

further consideration. See American 

Farm Bureau Federation and National 

Pork Producers Council, et al. v. EPA, 

559 F.3d 512 (DC Circuit 2009). 

However, given that the 1997 and 2006 

annual standards are essentially 

identical, attainment of the 1997 annual 

standard would also indicate attainment 

of the remanded 2006 annual standard. 

On April 25, 2007 (72 FR 20664), EPA 

promulgated its PM2.5 implementation 

rule, codified at 40 CFR part 51, subpart 

Z, in which the Agency provided 

guidance for state and tribal plans to 

implement the 1997 PM2.5 standard. 

This rule, at 40 CFR 51.1004(c), 

specifies some of the regulatory 

consequences of attaining the standard, 

as discussed below. 

III. Has the Charleston Area attained 

the 1997 annual PM2.5 standard? 

A. Criteria 

Today’s rulemaking proposes to 

approve that the Charleston Area has 

attained the 1997 annual PM2.5 NAAQS, 

based on the most recent three years of 

quality-assured data and that the Area 

attained the 1997 annual PM2.5 NAAQS 

by its applicable attainment date of 

April 5, 2010. Under EPA regulations at 

40 CFR 50.7, the annual primary and 

secondary PM2.5 standards are met when 

the annual arithmetic mean 

concentration, as determined in 

accordance with 40 CFR part 50, 

Appendix N, is less than or equal to 

15.0 μg/m3 at all relevant monitoring 

sites in the subject area. 

B. Charleston Area Air Quality 

EPA has determined that the PM2.5

monitoring network for the Charleston 

Area is adequate. First, the number of 


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monitors in the Area meets the 

minimum regulatory requirements given 

in 40 CFR part 58 Appendix D. Second, 

the monitoring is in accordance with 

state monitoring plans that have been 

reviewed and approved by EPA. 

Table 1 shows the design values (i.e., 

the 3-year average of annual mean PM2.5

concentrations) for the 1997 annual 

PM2.5 NAAQS for the Charleston Area 

monitors for the years 2007–2009. All 

data considered have been qualityassured, certified, and recorded in AQS. 

The highest 3-year average annual 

concentration for 2007–2009 on this 

table was recorded in Kanawha County, 

West Virginia at the South Charleston 

site 54–039–1005, recording a 3-year 

average annual concentration of 14.4 μg/ 

m3. 

EPA’s review of these data indicates 

that the Charleston Area has met the 

1997 annual PM2.5 NAAQS. Table 1 and 

the related discussion below show that 

based on EPA’s analysis of data for 

2007–2009, the Area attained the 1997 

annual PM2.5 standard by its attainment 

date of April 5, 2010. In addition, Table 

2 and the related discussion below, 

show that the Area continues to attain 

the standard based on data available to 

date for 2010. 

TABLE 1—2007–2009 ANNUAL AVERAGE CONCENTRATIONS IN THE CHARLESTON AREA

Site name County Site No. Design value 

(μg/m3) 

Charleston ..................................................................................................................................... Kanawha ...... 54–039–0010 13.1 

South Charleston ........................................................................................................................... Kanawha ...... 54–039–1005 14.4 

C. How did EPA address the air quality 

in Charleston? 

There are two monitors located in 

Kanawha County. There is a monitor 

located in Charleston and a monitor 

located in South Charleston. There was 

a Guthrie site monitor also located in 

Kanawha County that was shut down in 

2007 because a carbon monitor for the 

PM2.5 chemical speciation network 

replaced it at its respective location. 

EPA data completeness requirements 

require at least 75 percent of the 

scheduled sampling days for each 

quarter have valid data. See 40 CFR part 

50, Appendix N section 4.1(b). The use 

of less than complete data is subject to 

the approval of EPA, which may 

consider factors such as monitoring site 

closures/moves, monitoring diligence, 

and nearby concentrations in 

determining whether to use such data 

(40 CFR part 50, Appendix N, section 

4.1(c)). 

Determinations of attainment are 

based on three years of complete, 

quality-assured data. Nevertheless, any 

such assessment should consider 

additional quality-assured data, to the 

extent that quality-assured data exist. In 

accordance with Appendix N and 

standard EPA practice, this review of 

data is based on the three most recent 

years of complete data, generally 2007– 

2009. Quality-assured data are now 

available for 2010, which EPA used to 

compute preliminary design values. The 

Charleston site has a preliminary 2008– 

2010 design value of 11.8 μg/m3 and the 

South Charleston site has a preliminary 

2008–2010 design value of 13.2 μg/m3. 

On the basis of this review, EPA is 

proposing to determine that the 

Charleston Area has attained the 1997 

annual PM2.5 NAAQS and is soliciting 

public comments on its proposed 

determination. 

TABLE 2—2008–2010 ANNUAL AVERAGE CONCENTRATIONS IN THE CHARLESTON AREA

Site name County Site No. 

Preliminary 

design value 

(μg/m3) 

Charleston ..................................................................................................................................... Kanawha ...... 54–039–0010 11.8 

South Charleston ........................................................................................................................... Kanawha ...... 54–039–1005 13.2 

D. Has the Charleston Area met the 

1997 annual PM2.5 air quality standard? 

EPA has reviewed the ambient air 

monitoring data for PM2.5, consistent 

with the requirements contained in 40 

CFR part 50 and recorded the data in the 

EPA AQS database, for the Charleston 

Area from 2007 through the present 

time. 

On the basis of this review, EPA 

proposes to determine that the 

Charleston Area has attained and 

continues to attain the 1997 annual 

PM2.5 NAAQS based on the qualityassured data for the 2007–2009 period 

and preliminary data for the 2008–2010 

monitoring period. In addition, based on 

EPA’s review of the data for 2007–2009 

and in accordance with section 179(c)(1) 

of the CAA and EPA’s regulations, EPA 

proposes to determine that the 

Charleston Area attained the 1997 

annual PM2.5 NAAQS by its applicable 

attainment date of April 5, 2010. 

IV. What is the effect of these actions? 

If EPA’s proposed determination of 

attainment, based on the most recent 

three years of quality-assured data is 

made final, the requirements for the 

Charleston Area to submit attainment 

demonstrations and associated RACM, a 

RFP plan, contingency measures, and 

any other planning SIPs related to 

attainment of the 1997 annual PM2.5

NAAQS would be suspended for so long 

as the Charleston Area continues to 

attain the 1997 annual PM2.5 NAAQS. 

See 40 CFR 51.1004(c). Notably, as 

described below, any such 

determination would not be equivalent 

to the redesignation of the Charleston 

Area to attainment for the 1997 annual 

PM2.5 NAAQS. 

If this proposed determination of 

attainment is finalized and EPA 

subsequently determines, after noticeand-comment rulemaking in the Federal 

Register, that the Area has violated the 

1997 annual PM2.5 NAAQS, the basis for 

the suspension of the specific 

requirements would no longer exist for 

the Charleston Area, and the Area 

would thereafter have to address the 

applicable requirements. See 40 CFR 

51.1004(c). 

Finalizing this proposed action would 

not constitute a redesignation of the 

Area to attainment of the 1997 annual 

PM2.5 NAAQS under section 107(d)(3) of 

the CAA. Further, finalizing this 

proposed action does not involve 

approving maintenance plans for the 

Area as required under section 175A of 


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41742 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Proposed Rules 

the CAA, nor would it find that the Area 

has met all other requirements for 

redesignation. Even if EPA finalizes the 

proposed action, the designation status 

of the Charleston Area would remain 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as EPA 

determines that the Area meets the CAA 

requirements for redesignation to 

attainment and takes action to 

redesignate the Charleston Area. 

In addition, if EPA’s separate and 

independent proposed determination 

that the Area has attained the 1997 

annual PM2.5 standard by its applicable 

attainment date (April 5, 2010), is 

finalized, EPA will have met its 

requirement pursuant to section 

179(c)(1) of the CAA to make a 

determination based on the Area’s air 

quality data as of the attainment date 

whether the Area attained the standard 

by that date. These two actions 

described above are proposed 

determinations regarding the Charleston 

Area’s attainment only with respect to 

the 1997 annual PM2.5 NAAQS. Today’s 

actions do not address the 24-hour PM2.5

NAAQS. 

V. Statutory and Executive Order 

Reviews 

These actions propose to make 

determinations of attainment based on 

air quality, and would, if finalized, 

result in the suspension of certain 

federal requirements, and it would not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, these proposed actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

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

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 CAA; and 

• Do 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, these proposed 1997 

annual PM2.5 NAAQS determinations 

for the Charleston Area do 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Reporting and record-keeping 

requirements. 

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

Dated: June 27, 2011. 

W. C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–17868 Filed 7–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0288; FRL–9440–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Control of Particulate 

Matter Emissions From the Operation 

of Outdoor Wood-Fired Boilers 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Pennsylvania. This 

revision pertains to the control of 

particular matter emissions from the 

operation of outdoor wood-fired boilers. 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before August 15, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0288 by one of the 

following methods 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: fernandez.cristina@epa.gov 

C. Mail: EPA–R03–OAR–2011–0288, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0288. 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 e-mail. 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 e-mail comment directly 

to EPA without going through http:// 

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. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS