60704 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

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 final rule does not 

change any applicable emission limit for 

FCPP nor does it extend the compliance 

deadline under BART or the Alternative 

to BART. This final rule merely extends 

the date, by six months, by which the 

operator of FCPP must notify EPA of its 

elected compliance strategy. 

K. Congressional Review Act 

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. Section 804 

exempts from section 801 the following 

types of rules (1) rules of particular 

applicability; (2) rules relating to agency 

management or personnel; and (3) rules 

of agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 5 U.S.C. 804(3). EPA is not 

required to submit a rule report 

regarding today’s final action under 

section 801 because this is a rule of 

particular applicability and only applies 

to one facility, the Four Corner Power 

Plant. 

L. Petitions for Judicial Review 

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 December 2, 2013. Filing a 

petition for reconsideration by the 

administrator of this final rule does not 

affect the finality of this rule 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 CAA 

section 307(b)(2)). 

List of Subjects in 40 CFR Part 49 

Environmental protection, Air 

pollution control, Indians, 

Intergovernmental relations, Nitrogen 

Dioxide. 

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

Dated: September 24, 2013. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, Title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 49—[AMENDED] 

■ 1. The authority citation for part 49 

continues to read as follows: 

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

■ 2. Section 49.5512 is amended by 

revising paragraph (i)(4) to read as 

follows: 

§ 49.5512 Federal Implementation Plan 

Provisions for Four Corners Power Plant, 

Navajo Nation. 

* * * * * 

(i) * * * 

(4) By January 1, 2013, the owner or 

operator shall submit a letter to the 

Regional Administrator updating EPA of 

the status of lease negotiations and 

regulatory approvals required to comply 

with paragraph (i)(3) of this section. By 

December 31, 2013, the owner or 

operator shall notify the Regional 

Administrator by letter whether it will 

comply with paragraph (i)(2) of this 

section or whether it will comply with 

paragraph (i)(3) of this section and shall 

submit a plan and time table for 

compliance with either paragraph (i)(2) 

or (3) of this section. The owner or 

operator shall amend and submit this 

amended plan to the Regional 

Administrator as changes occur. 

* * * * * 

[FR Doc. 2013–24112 Filed 10–1–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2010–0899; FRL–9901–44– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plan; Illinois; 

Redesignation of the Chicago Area to 

Attainment of the 1997 Annual Fine 

Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking several related 

actions under the Clean Air Act (CAA) 

affecting the Chicago area and the state 

of Illinois for the 1997 annual fine 

particulate matter (PM2.5) National 

Ambient Air Quality Standard (NAAQS 

or standard). EPA is determining that 

the Chicago-Gary-Lake County, IllinoisIndiana (IL-IN) area is attaining the 1997 

annual PM2.5 standard based on quality 

assured, state-certified monitoring data 

for all PM2.5 monitoring sites in this area 

from 2007–2012. EPA is granting a 

request from the state of Illinois to 

redesignate the Chicago area to 

attainment of the 1997 annual PM2.5

standard. EPA is approving, as a 

revision of the Illinois State 

Implementation Plan (SIP), the state’s 

plan for maintaining the 1997 annual 

PM2.5 standard in the Chicago-GaryLake County, IL-IN area through 2025. 

EPA is approving Illinois’ 

comprehensive 2002 Nitrogen Oxides 

(NOX), Sulfur Dioxide (SO2), Volatile 

Organic Compound (VOC), ammonia, 

and primary PM2.5 emission inventories 

for the Chicago area. Finally, EPA is 

approving Illinois’ 2008 and 2025 NOX

and primary PM2.5 Motor Vehicle 

Emission Budgets (MVEBs) for the 

Chicago area and finding these MVEBs 

as adequate for use in transportation 

conformity determinations. The Chicago 

area includes: Cook, DuPage, Kane, 

Lake, McHenry, and Will Counties, Aux 

Sable and Goose Lake Townships in 

Grundy County, and Oswego Township 

in Kendall County. The Chicago-GaryLake County, IL-IN area also includes 

Lake and Porter Counties in Indiana, 

which have been previously 

redesignated to attainment of the 1997 

annual PM2.5 standard. 

DATES: This final rule is effective 

October 2, 2013. 

ADDRESSES: EPA has established a 

docket for this action: Docket ID No. 

EPA–R05–OAR–2010–0899. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(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 hardcopy form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hardcopy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Edward 

Doty, Environmental Scientist, at (312) 

886–6057, before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Edward Doty, Environmental Scientist, 


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Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations 60705 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6057, 

Doty.Edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for the actions? 

II. What is EPA’s response to comments on 

EPA’s proposed actions? 

III. Why is EPA taking these actions? 

IV. What actions is EPA taking? 

V. Statutory and Executive Order Reviews 

I. What is the background for the 

actions? 

On November 27, 2009 (76 FR 62243), 

EPA made a final determination that the 

Chicago-Gary-Lake County, IL–IN area 

had attained the 1997 annual PM2.5

standard based on PM2.5 monitoring 

data for the period of 2006–2008. 

On October 15, 2010, the Illinois 

Environmental Protection Agency 

(IEPA) submitted a request to EPA for 

the redesignation of the Chicago area to 

attainment of the 1997 annual PM2.5

standard and for EPA approval of a SIP 

revision containing PM2.5-related 

emission inventories and a PM2.5

maintenance plan for the Chicago area. 

The maintenance plan includes 2008 

and 2025 MVEBs for the Chicago area. 

In a supplemental submission to the 

EPA on September 16, 2011, the IEPA 

revised the on-road mobile source 

emissions and MVEBs for the Chicago 

area to reflect the use of EPA’s MOVES 

model to calculate mobile source 

emissions. In a supplemental 

submission to the EPA on May 6, 2013, 

the IEPA submitted VOC and ammonia 

emission inventories to supplement the 

emission inventories that had 

previously been submitted to support 

the redesignation request for the 1997 

annual PM2.5 standard in the ChicagoGary-Lake County, IL–IN area and to 

demonstrate future maintenance of the 

PM2.5 standard in this area. 

On August 7, 2013 (78 FR 48103), 

EPA issued a notice of rulemaking 

proposing to grant Illinois’ request to 

redesignate the Chicago area to 

attainment of the 1997 annual PM2.5

standard. This notice of rulemaking also 

proposed to: Determine that the 

Chicago-Gary-Lake County, IL–IN area 

has attainined the 1997 annual PM2.5

standard based on PM2.5 monitoring 

data for the period of 2007 through 

2012; approve Illinois’ PM2.5

maintenance plan for the Chicago area; 

approve 2002 primary PM2.5, NOX, SO2, 

VOC, and ammonia emission 

inventories for the Chicago area; and 

approve 2008 and 2025 primary PM2.5

and NOX MVEBs for the Chicago area. 

II. What is EPA’s response to comments 

on EPA’s proposed acions? 

EPA received three sets of comments 

on the proposed rule, all of which 

supported EPA’s proposed actions. One 

of these commenters requested a 

clarification of information provided in 

the proposed rule at 78 FR 48115. 

A commenter representing the 

ExxonMobil Oil Corporation supports 

EPA’s proposed actions, but notes that 

at 78 FR 48115, EPA provides estimates 

of the NOX and SO2 emission reductions 

expected to result from the 

implementation of a consent decree at 

the ExxonMobil Joliet Refinery in units 

of tons per year, whereas the consent 

decree specifies emission limits for the 

Joliet refinery as concentration-based 

limits. The commenter summarizes the 

NOX and SO2 emission limits in the 

consent decree for this facility in units 

of parts per million units volume of dry 

air (ppmvd), and requests that EPA 

clarify that the August 7, 2013, 

proposed rule is not proposing new 

emission limits for this facility. The 

commenter does not refute EPA’s 

estimates of the NOX and SO2 emission 

reductions resulting from the consent 

decree. 

In response to the commenter from 

ExxonMobil Oil Corporation, we want 

to clarify that it was not the intent of the 

proposed rule to specify existing 

emission limits or to propose new 

emission limits for this facility, and this 

final rule does not set new emission 

limits for this facility. The proposed 

rule simply estimated initial and final 

emission levels in tons per year for the 

purposes of estimating the changes in 

annual emissions that may be expected 

to result for this facility through the 

implementation of the consent decree. It 

was EPA’s intent to document the 

emission reductions in the Chicago area 

that contributed to the attainment of the 

1997 annual PM2.5 standard in the 

Chicago-Gary-Lake County, IL–IN area. 

EPA makes no findings in this 

rulemaking regarding the applicable 

emission limits for the ExxonMobile 

Joliet Refineray. 

None of the comments received with 

regard to the August 7, 2013, proposed 

rule object to any of the proposed 

actions in that proposed rule. Therefore, 

we conclude that there are no adverse 

comments for this proposed rule. 

III. Why is EPA taking these actions? 

EPA has determined that the ChicagoGary-Lake County, IL–IN area continues 

to attain the 1997 annual PM2.5

standard. EPA has also determined that 

all other criteria have been met for the 

redesignation of the Chicago area from 

nonattainment to attainment of the 1997 

annual PM2.5 standard and for approval 

of Illinois’ maintenance plan for this 

area. See CAA sections 107(d)(3)(E) and 

175A. The detailed rationale for EPA’s 

findings and actions is set forth in the 

proposed rule of August 7, 2013 (78 FR 

48103). 

IV. What actions is EPA taking? 

EPA is making a determination that 

the Chicago-Gary-Lake County, IL–IN 

area continues to attain the 1997 annual 

PM2.5 standard based on 2007–2012 

PM2.5 monitoring data. EPA is 

determining that the Chicago area has 

met the requirements for redesignation 

to attainment for the 1997 annual PM2.5

standard under sections 107(d)(3)(E) 

and 175A of the CAA. EPA is, thus, 

granting the request from Illinois to 

change the legal designation of the 

Chicago area from nonattainment to 

attainment for the 1997 annual PM2.5

NAAQS. EPA is also approving Illinois’ 

PM2.5 maintenance plan for the Chicago 

area as a revision to the Illinois SIP 

because the plan meets the requirements 

of section 175A of the CAA. EPA is 

approving 2002 emission inventories for 

primary PM2.5, NOX, SO2, ammonia, and 

VOC for the Chicago area as satisfying 

the requirement in section 172(c)(3) of 

the CAA for a comprehensive, current 

emission inventory. Finally, EPA finds 

adequate and is approving 2008 and 

2025 primary PM2.5 and NOX MVEBs for 

the Chicago area. These MVEBs will be 

used in future transportation conformity 

analyses for the Chicago. 

In accordance with 5 U.S.C. 553(d), 

EPA finds there is good cause for these 

actions to become effective immediately 

upon publication. This is because a 

delayed effective date is unnecessary 

due to the nature of a redesignation to 

attainment, which relieves the area from 

certain CAA requirements that would 

otherwise apply to it. The immediate 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that 

rulemaking actions may become 

effective less than 30 days after 

publication if the ‘‘grants or recognizes 

an exemption or relieves a restriction,’’ 

and section 553(d)(3) which allows an 

effective date less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ The purpose 

of the 30-day waiting period prescribed 

in section 553(d) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. Today’s rule, however, 


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60706 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations 

does not create any new regulatory 

requirements such that affected parties 

would need time to prepare before the 

rule takes effect. Rather, today’s rule 

relieves the state of planning 

requirements for this PM2.5

nonattainment area. For these reasons, 

EPA finds good cause under 5 U.S.C. 

553(d)(3) for these actions to become 

effective on the date of publication of 

these actions. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by State law. A redesignation 

to attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. Accordingly, these actions 

merely approve state law as meeting 

Federal requirements and do not impose 

additional requirements beyond those 

imposed by State law and the CAA. For 

that reason, these 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 an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• are not a significant regulatory 

action 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, 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 2, 2013. 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, 

Nitrogen oxides, Particulate matter, 

Sulfur dioxide, Ammonia, Volatile 

organic compounds. 

40 CFR Part 81 

Air pollution control, Environmental 

protection, National parks, Wilderness 

areas. 

Dated: September 18, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.725 is amended by 

adding paragraphs (l) and (m) to read as 

follows: 

§ 52.725 Control strategy: Particulates. 

* * * * * 

(l) Approval—The 1997 annual PM2.5

maintenance plan for the Illinois 

portion of the Chicago-Gary-Lake 

County, IL–IN nonattainment area 

(including Cook, DuPage, Kane, Lake, 

McHenry and Will Counties, Aux Sable 

and Goose Lake Townships in Grundy 

County, and Oswego Township in 

Kendall County) has been approved as 

submitted on October 15, 2010, and 

supplemented on September 16, 2011, 

and May 6, 2013. The maintenance plan 

establishes 2008 and 2025 motor vehicle 

emissions budgets for this area of 

127,951 tons per year for NOX and 5,100 

tons per year for primary PM2.5 in 2008 

and 44,224 tons per year for NOX and 

2,377 tons per year for primary PM2.5 in 

2025. 

(m) Illinois’ 2002 NOX, primary PM2.5, 

SO2, ammonia, and VOC emission 

inventories, as submitted on October 15, 

2010, and supplemented on May 6, 

2013, satisfy the emission inventory 

requirements of section 172(c)(3) of the 

Clean Air Act for the Chicago area. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. Section 81.314 is amended by 

revising the entry for Chicago-Gary-Lake 

County, IL–IN in the table entitled 

‘‘Illinois-PM2.5 (Annual NAAQS)’’ to 

read as follows: 

§ 81.314 Illinois. 

* * * * * 


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ILLINOIS—PM2.5

[Annual NAAQS] 

Designated area 

Designation a

Date 1 Type 

Chicago-Gary-Lake County, IL–IN ..................................................................................................................... 10–2–13 Attainment. 

Cook County 

DuPage County 

Grundy County (part) 

Goose Lake and Aux Sable Townships 

Kane County 

Kendall County (part) 

Oswego Township 

Lake County 

McHenry County 

Will County 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

* * * * * 

[FR Doc. 2013–23952 Filed 10–1–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0307; FRL–9396–6] 

Glyphosate; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation amends the 

established tolerance for residues of the 

herbicide glyphosate in or on canola, 

seed at 20 parts per million (ppm) by 

changing the tolerance expression from 

the combined residues of glyphosate 

only, to the combined residues of 

glyphosate and N-acetyl-glyphosate 

(expressed as glyphosate equivalents). 

E.I. du Pont de Nemours and Company 

requested this change under the Federal 

Food, Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

October 2, 2013. Objections and 

requests for hearings must be received 

on or before December 2, 2013, 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–2011–0307, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., 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: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7090; email address: 

RDFRNotices@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. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• 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://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. To access the OCSPP test 

guidelines referenced in this document 

electronically, please go to http://

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ 

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–2011–0307 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 December 2, 2013. 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 (excluding 

any Confidential Business Information 

(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 the non-CBI copy of your 

objection or hearing request, identified 


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