59100 Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 

Subpart Z—Mississippi 

■ 2. Section 52.1270(c) is amended by 

revising entry ‘‘APC–S–5’’ to read as 

follows: 

§ 52.1270 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSISSIPPI REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

APC–S–5–Regulations for Prevention of Significant Deterioration for Air Quality 

All ...................... ........................... 06/2/2011 9–26–12 [Insert citation of publication].As of 9–26–2012 EPA is approving a revision to APC–S–5 incorporating by reference the regulations found at 40 CFR 

52.21 as of March 22, 2011. See [Insert citation of publication]. This approval does not include Mississippi’s revision to 

IBR (at Rule APC–S–5) the term ‘‘particulate matter emissions’’ (as promulgated in the May 16, 2008 NSR PM2.5 Rule 

(at 40 CFR 51.166(b)(49)(vi)) and the PM2.5 SILs threshold 

and provisions (as promulgated in the October 20, 2010 

PM2.5 PSD Increment-SILs-SMC Rule at 40 CFR 

52.21(k)(2)). 

On December 29, 2010, EPA approved a revision to APC–S–5 

which incorporated by reference the regulations found at 40 

CFR 52.21 as of September 13, 2010. See 75 FR 81858. 

That action approved the incorporation by reference with the 

exception of the phrase ‘‘except ethanol production facilities 

producing ethanol by natural fermentation under the North 

American Industry Classification System (NAICS) codes 

325193 or 312140,’’ APC–S–5 incorporated by reference 

from 40 CFR 52.21(b)(1)(i)(a) and (b)(1(iii)(t). Additionally, 

that final EPA action did not incorporate by reference, into 

the Mississippi SIP, the administrative regulations that were 

amended in the Fugitive Emissions Rule (73 FR 77882) and 

are stayed through October 3, 2011. 

* * * * * 

[FR Doc. 2012–23570 Filed 9–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0079; FRL–9731–5] 

Approval and Promulgation of 

Implementation Plans; Alabama: 

General and Transportation 

Conformity & New Source Review 

Prevention of Significant Deterioration 

for Fine Particulate Matter (PM2.5) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve changes to the Alabama State 

Implementation Plan (SIP), submitted 

by the Alabama Department of 

Environmental Management (ADEM) to 

EPA on May 2, 2011. The May 2, 2011, 

SIP revision modifies Alabama’s New 

Source Review (NSR), Prevention of 

Significant Deterioration (PSD), and 

Nonattainment New Source Review 

(NNSR) programs to adopt into the 

Alabama SIP federal NSR PSD 

requirements for the fine particulate 

matter (PM2.5) national ambient air 

quality standards (NAAQS) as 

promulgated in EPA’s 2008 NSR PM2.5

Implementation Rule and the 2010 

PM2.5 PSD Increment, Significant Impact 

Levels (SILs) and Significant Monitoring 

Concentration (SMC) Rule. The SIP 

revision also changes the State’s general 

and transportation conformity 

regulations. EPA is approving portions 

of Alabama’s May 2, 2011, SIP revision 

because they are consistent with the 

Clean Air Act (CAA or Act) and EPA 

regulations regarding NSR permitting. 

EPA received one off-topic comment on 

the August 6, 2012, proposed 

rulemaking, and a brief response is 

provided below. 

DATES: Effective Date: This rule will be 

effective October 26, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0079. 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 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 through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding the Florida SIP, 

contact Ms. Twunjala Bradley, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

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Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 59101 

1 In this document IBR means incorporate or 

incorporates by reference. 

2Alabama’s May 2, 2011, SIP revision also made 

changes to its NNSR regulations to be consistent 

with federal NSR regulations including provisions 

promulgated in the NSR PM2.5 Rule, PM2.5 PSD 

Increment-SILs-SMC Rule and other NSR 

rulemakings. EPA will consider action on this 

portion of Alabama’s May 2, 2011, SIP in a separate 

rulemaking. 

3EPA’s authority to implement the SILs and SMC 

for PSD purposes has been challenged by the Sierra 

Club. Sierra Club v. EPA, Case No. 10–1413 United 

States Court of Appeals for the District of Columbia 

(D.C. Circuit Court). 

4After EPA promulgated the NAAQS for PM2.5 in 

1997, the Agency issued guidance documents 

related to using PM10 as a surrogate for PM2.5

entitled: ‘‘Interim Implementation of New Source 

Review Requirements for PM2.5.’’ John S. Seitz, 

EPA, October 23, 1997 (the ‘‘Seitz Memo’’) and 

‘‘Implementation of New Source Review 

Requirements in PM2.5 Nonattainment Areas’’ (the 

‘‘2005 PM2.5 NNSR Guidance’’). The Seitz Memo 

was designed to help states implement NSR 

requirements pertaining to the new PM2.5 NAAQS 

in light of technical difficulties posed by PM2.5 at 

that time. The 2005 PM2.5 NNSR Guidance provided 

direction regarding implementation of the NNSR 

provisions in PM2.5 NAA in the interim period 

between the effective date of the PM2.5 NAA 

designations (April 5, 2005) and EPA’s 

promulgation of final PM2.5 NNSR regulations (this 

included recommending that until EPA 

promulgated the PM2.5 major NSR regulations, 

‘‘States should use a PM10 nonattainment major 

NSR program as a surrogate to address the 

requirements of nonattainment major NSR for the 

PM2.5 NAAQS.’’). 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Bradley’s telephone number is (404) 

562–9352; email address: 

bradley.twunjala@epa.gov. For 

information regarding NSR, contact Ms. 

Yolanda Adams, Air Permits Section, at 

the same address above. Ms. Adams’ 

telephone number is (404) 562–9214; 

email address: adams.yolanda@epa.gov. 

For information regarding the PM2.5

NAAQS, contact Mr. Joel Huey, 

Regulatory Development Section, at the 

same address above. Mr. Huey’s 

telephone number is (404) 562–9104; 

email address: huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

EPA is taking final action to approve 

portions of Alabama’s May 2, 2011, SIP 

revision to adopt federal NSR permitting 

requirements and federal general and 

transportation conformity regulations 

into the SIP. Alabama’s May 2, 2011, 

SIP revision includes changes to the 

regulations at Administrative Code for 

Division 3: Chapter 335–3–14—Permits 

and Chapter 335–3–17—Conformity of 

Federal Actions to State Implementation 

Plans. These changes adopt federal PSD 

permitting regulations promulgated in 

the final rulemakings entitled 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5),’’ 73 FR 28321 (May 16, 2008), 

hereafter referred to as the ‘‘NSR PM2.5

Rule’’ and ‘‘Prevention of Significant 

Deterioration (PSD) for Particulate 

Matter Less Than 2.5 Micrometers 

(PM2.5)—Increments, Significant Impact 

Levels (SILs) and Significant Monitoring 

Concentration (SMC),’’ 75 FR 64864 

(October 20, 2010), hereafter referred to 

as the ‘‘PM2.5 PSD Increment-SILs-SMC 

Rule.’’ Additionally, the SIP revision 

changes the State’s general and 

transportation conformity regulations 

which incorporate by reference (IBR) 1

the federal conformity updates. 

EPA is not approving in this action: 

(1) NNSR changes amended at rule 335– 

3–14–.05;2 (2) SIL thresholds and 

provisions promulgated in EPA’s PM2.5

PSD Increment-SILs-SMC Rule, 75 FR 

64864 (October 20, 2010);3 and (3) the 

term ‘‘particulate matter emissions’’ 

when accounting for condensable 

particles for PM2.5 emission limits for 

the definition of ‘‘regulated NSR 

pollutant,’’ 77 FR 15656 (March 16, 

2012). EPA will consider action on the 

NNSR changes and SILs provisions 

separate from this rulemaking. 

On August 6, 2012, EPA published a 

proposed rulemaking to approve the 

aforementioned changes to Alabama’s 

SIP. See 77 FR 46664. Comments on the 

proposed rulemaking were due on or 

before September 7, 2012, and EPA 

received one off-topic comment. 

Although EPA has no obligation to 

respond to such comments, a brief 

response is provided in section III of 

this notice. 

Pursuant to section 110 of the CAA, 

EPA is now taking final action to 

approve the changes to Alabama’s SIP as 

provided in EPA’s August 6, 2012, 

proposed rulemaking. A summary of the 

background for today’s final action is 

provided below. EPA’s August 6, 2012, 

proposed rulemaking contains more 

detailed information regarding the 

Alabama SIP revision being approved 

today and the rationale for today’s final 

action. Detailed information regarding 

the PM2.5 NAAQS and NSR Program can 

also be found in EPA’s August 6, 2012, 

proposed rulemaking as well as the 

abovementioned final rulemakings. 

A. NSR PM2.5 Rule 

On May 16, 2008, EPA finalized the 

NSR PM2.5 Rule, which revised the NSR 

program requirements to establish the 

framework for implementing 

preconstruction permit review for the 

PM2.5 NAAQS in both attainment areas 

and nonattainment areas (NAA) that: (1) 

Require NSR permits to address directly 

emitted PM2.5 and precursor pollutants; 

(2) establish significant emission rates 

for direct PM2.5 and precursor pollutants 

(including sulfur dioxide (SO2) and 

nitrogen oxides (NOx)); (3) establish 

PM2.5 emission offsets; (4) provide 

exceptions to the grandfathering policy 

for permits being reviewed under the 

PM10 surrogate program; and (5) require 

states to account for gases that condense 

to form particles (condensables) in PM2.5

and PM10 emission limits in PSD NNSR 

permits. Additionally, the NSR PM2.5

Rule authorized states to adopt 

provisions in their NNSR rules that 

would allow interpollutant offset 

trading. See 73 FR 28321. States were 

required to provide SIP submissions to 

address the requirements for the NSR 

PM2.5 Rule by May 16, 2011. Alabama’s 

May 2, 2011, SIP revision addresses 

both the PSD and NNSR requirements 

related to EPA’s May 16, 2008, NSR 

PM2.5 Rule. However, EPA is only taking 

final action on the PSD portion of the 

State’s May 2, 2011, SIP revision. 

1. PM10 Surrogate and Grandfathering 

Policy 

In the NSR PM2.5 Rule, EPA required 

that major stationary sources seeking 

permits must begin directly satisfying 

the PM2.5 requirements, as of the 

effective date of the rule, rather than 

relying on PM10 as a surrogate, with two 

exceptions.4 The first exception is a 

‘‘grandfathering’’ provision in the 

federal PSD program at 40 CFR 

52.21(i)(1)(xi). This grandfathering 

provision applied to sources that had 

applied for, but had not yet received, a 

final and effective PSD permit before the 

July 15, 2008, effective date of the May 

2008 final rule. The second exception 

was that states with SIP-approved PSD 

programs could continue to implement 

the Seitz Memo’s PM10 Surrogate Policy 

for up to three years (until May 2011) 

or until the individual revised state PSD 

programs for PM2.5 are approved by 

EPA, whichever comes first. On May 18, 

2011 (76 FR 28646), EPA took final 

action to repeal the grandfathering 

provision at 40 CFR 52.21(i)(1)(xi). This 

final action ended the use of the 1997 

PM10 Surrogate Policy for PSD permits 

under the federal PSD program at 40 

CFR 52.21. In effect, any PSD permit 

applicant previously covered by the 

grandfathering provision (for sources 

that completed and submitted a permit 

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59102 Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 

5Sources that applied for a PSD permit under the 

federal PSD program on or after July 15, 2008, are 

already excluded from using the 1997 PM10

Surrogate Policy as a means of satisfying the PSD 

requirements for PM2.5. See 76 FR 28321. 

6Additional information on this issue can also be 

found in an August 12, 2009, final order on a title 

V petition describing the use of PM10 as a surrogate 

for PM2.5. In the Matter of Louisville Gas & Electric 

Company, Petition No. IV–2008–3, Order on 

Petition (August 12, 2009). 

7The term ‘‘particulate matter emissions’’ 

includes particles that are larger than PM2.5 and 

PM10 and is an indicator measured under various 

New Source Performance Standards (NSPS) at 40 

CFR part 60. In addition to the NSPS for PM, it is 

noted that states have regulated ‘‘particulate matter 

emissions’’ for many years in their SIPs for PM, and 

the same indicator has been used as a surrogate for 

determining compliance with certain standards 

contained in 40 CFR part 63, regarding National 

Emission Standards for Hazardous Air Pollutants. 8The de minimis principle is grounded in a 

decision described by the court case Alabama 

Power Co. v. Costle, 636 F.2d 323, 360 (D.C. Cir. 

1980). In this case, reviewing EPA’s 1978 PSD 

regulations, the court recognized that ‘‘there is 

likely a basis for an implication of de minimis 

authority to provide exemption when the burdens 

of regulation yield a gain of trivial or no value.’’ 636 

F.2d at 360. See 75 FR 64864. 

9On April 6, 2012, EPA filed a brief with the D.C. 

Circuit court defending the Agency’s authority to 

implement SILs and SMC for PSD purposes. 

10Significant deterioration occurs when the 

amount of the new pollution exceeds the applicable 

PSD increment, which is the ‘‘maximum allowable 

increase’’ of an air pollutant allowed to occur above 

the applicable baseline concentration for that 

pollutant. Section 169(4) of the CAA provides that 

the baseline concentration of a pollutant for a 

particular baseline area is generally the air quality 

at the time of the first application for a PSD permit 

in the area. 

11EPA generally characterized the PM2.5 NAAQS 

as a NAAQS for a new indicator of PM. EPA did 

not replace the PM10 NAAQS with the NAAQS for 

PM2.5 when the PM2.5 NAAQS were promulgated in 

1997. EPA rather retained the annual and 24-hour 

NAAQS for PM2.5 as if PM2.5 was a new pollutant 

even though EPA had already developed air quality 

criteria for PM generally. See 75 FR 64864 (October 

20, 2012). 

12EPA interprets 166(a) to authorize EPA to 

promulgate pollutant-specific PSD regulations 

meeting the requirements of section 166(c) and 

166(d) for any pollutant for which EPA promulgates 

a NAAQS after 1977. 

application before July 15, 2008) 5 that 

did not have a final and effective PSD 

permit before the effective date of the 

repeal will not be able to rely on the 

1997 PM10 Surrogate Policy to satisfy 

the PSD requirements for PM2.5 unless 

the application includes a valid 

surrogacy demonstration.6 See 76 FR 

28646. In its May 2, 2011, SIP revision, 

Alabama did not adopt the 

grandfathering provision at 40 CFR 

52.21(i)(1)(xi) into its PSD regulations. 

Therefore, Alabama’s SIP is consistent 

with current federal regulations 

regarding the repeal of the 

grandfathering provision. 

2. ‘‘Condensable’’ Provision 

In the NSR PM2.5 Rule, EPA revised 

the definition of ‘‘regulated NSR 

pollutant’’ for PSD to add a paragraph 

providing that ‘‘particulate matter (PM) 

emissions, PM2.5 emissions and PM10

emissions’’ shall include gaseous 

emissions from a source or activity 

which condense to form particulate 

matter at ambient temperatures and that 

on or after January 1, 2011, such 

condensable particulate matter shall be 

accounted for in applicability 

determinations and in establishing 

emissions limitations for PM, PM2.5 and 

PM10 in permits issued. See 40 CFR 

51.166(b)(49)(vi), 52.21(b)(50)(vi) and 

‘‘Emissions Offset Interpretative Ruling’’ 

(40 CFR Part 51, Appendix S). On 

March 16, 2012, EPA proposed a 

rulemaking to amend the definition of 

‘‘regulated NSR pollutant’’ promulgated 

in the NSR PM2.5 Rule regarding the PM 

condensable provision at 40 CFR 

51.166(b)(49)(vi), 52.21(b)(50)(i) and 

EPA’s Emissions Offset Interpretative 

Ruling. See 77 FR 15656. The 

rulemaking proposes to remove the 

inadvertent requirement in the NSR 

PM2.5 Rule that the measurement of 

condensable ‘‘particulate matter 

emissions’’ be included as part of the 

measurement and regulation of 

‘‘particulate matter emissions.’’ 7 On 

June 18, 2012, the State of Alabama 

provided a letter to EPA clarifying the 

State’s intent in light of EPA’s March 16, 

2012, proposed rulemaking and 

requesting that EPA not approve into 

the Alabama SIP the term ‘‘particulate 

matter emissions’’ (as part of the 

definition for ‘‘regulated NSR 

pollutant’’) regarding the inclusion of 

condensable emissions in applicability 

determinations and in establishing 

emissions limitations for PM. 

B. PM2.5 PSD Increment SILs-SMC Rule 

The PM2.5 PSD Increment-SILs-SMC 

Rule provided additional regulatory 

requirements under the PSD program 

regarding the implementation of the 

PM2.5 NAAQS for NSR including: (1) 

PM2.5 increments pursuant to section 

166(a) of the CAA to prevent significant 

deterioration of air quality in areas 

meeting the NAAQS; (2) SILs used as a 

screening tool (by a major source subject 

to PSD) to evaluate the impact a 

proposed major source or modification 

may have on the NAAQS or PSD 

increment; and (3) a SMC, (also a 

screening tool) used by a major source 

subject to PSD to determine the 

subsequent level of PM2.5 data gathering 

required for a PSD permit application. 

The SILs and SMC are numerical values 

that represent thresholds of 

insignificant, i.e., de minimis,8 modeled 

source impacts or monitored (ambient) 

concentrations, respectively. EPA 

established such values to be used as 

screening tools by a major source 

subject to PSD to determine the 

subsequent level of analysis and data 

gathering required for a PSD permit 

application for emissions of PM2.5. 

EPA’s authority to implement the SILs 

and SMC for PSD purposes has been 

challenged by the Sierra Club. Sierra 

Club v. EPA, Case No. 10–1413 (D.C. 

Circuit Court).9

1. PSD Increments 

PSD increments prevent air quality in 

clean areas from deteriorating to the 

level set by the NAAQS. Therefore, an 

increment is the mechanism used to 

estimate ‘‘significant deterioration’’ 10 of 

air quality for a pollutant in an area. 

Under section 165(a)(3) of the CAA, a 

PSD permit applicant must demonstrate 

that emissions from the proposed 

construction and operation of a facility 

‘‘will not cause, or contribute to, air 

pollution in excess of any maximum 

allowable increase or allowable 

concentration for any pollutant.’’ When 

a source applies for a permit to emit a 

regulated pollutant in an area that meets 

the NAAQS, the state and EPA must 

determine if emissions of the regulated 

pollutant from the source will cause 

significant deterioration in air quality. 

As described in the PM2.5 PSD 

Increment-SILs-SMC Rule, pursuant to 

the authority under section 166(a) of the 

CAA, EPA promulgated numerical PSD 

increments for PM2.5 as a new 

pollutant 11 for which NAAQS were 

established after August 7, 1977,12 and 

derived 24-hour and annual PM2.5

increments for the three area 

classifications (Class I, II and III) using 

the ‘‘contingent safe harbor’’ approach. 

See 75 FR 64869 and the ambient air 

increment tables at 40 CFR 51.166(c)(1) 

and 52.21(c). In addition to PSD 

increments for the PM2.5 NAAQS, the 

PM2.5 PSD Increment-SILs-SMC Rule 

amended the definition at 40 CFR 

51.166 and 52.21 for ‘‘major source 

baseline date’’ and ‘‘minor source 

baseline date’’ (including trigger date) to 

establish the PM2.5 NAAQS specific 

dates associated with the 

implementation of PM2.5 PSD 

increments. See 75 FR 64864. 

2. Significant Impact Levels 

The primary purpose of the SILs is to 

identify a level of ambient impact that 

is sufficiently low relative to the 

NAAQS or increments that such impact 

can be considered insignificant or de 

minimis. EPA’s policy has been to allow 

the use of the SILs as de minimis 

thresholds under the NSR programs at 

40 CFR 51.165(b) and part 51, appendix 

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Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 59103 

13EPA has also allowed the SILs under the PSD 

program to determine: (1) when a proposed source’s 

ambient impacts warrants a comprehensive 

(cumulative) source impact analysis and; (2) the 

size of the impact area within which the air quality 

analysis is completed. See 75 FR 64864. A 

cumulative analysis is a modeling analysis used to 

show that the allowable emissions increase from the 

proposed source, along with other emission 

increases from existing sources, will not result in 

a violation of either the NAAQS or increment. 

14 40 CFR 51.165(b) require states to operate a 

preconstruction review permit program for major 

stationary sources that wish to locate in an 

attainment or unclassifiable area but would cause 

or contribute to a violation of the NAAQS. The 

regulations in 40 CFR 51.165(b) establish the 

minimum requirements for nonattainment NSR 

programs in SIPs but apply specifically to major 

stationary sources and major modifications located 

in attainment or unclassifiable/attainment areas. 

See 40 CFR 51.165(b). 

15As mentioned earlier, due to litigation by the 

Sierra Club, EPA is not taking final action on the 

SILs portion of the Alabama’s May 2, 2011, SIP 

revision at this time but will take action once the 

court case regarding SILs implementation is 

resolved. 

16Additional information on this issue can also 

be found in an April 25, 2010, comment letter from 

EPA Region 6 to the Louisiana Department of 

Environmental Quality regarding the SILs-SMC 

litigation. A copy of this letter can be found in the 

docket for today’s rulemaking at 

www.regulations.gov using docket ID: EPA–R04– 

OAR–2012–0079. 

17 In November 1993, EPA promulgated two sets 

of regulations to implement section 176(c). First, on 

November 24, EPA promulgated the Transportation 

Conformity Regulations (applicable to highways 

and mass transit) to establish the criteria and 

procedures for determining that transportation 

plans, programs, and projects which are funded 

under title 23 U.S. C. or the Federal Transit Act 

conform with the SIP. See 58 FR 62188. On 

November 30, 1993, EPA promulgated regulations, 

known as the General Conformity Regulations 

(applicable to everything else), to ensure that other 

Federal actions also conformed to the SIPs. See 58 

FR 62314). Pursuant to section 176(c) of the CAA, 

General Conformity ensures that Federal actions 

comply with the NAAQS. In order to meet this CAA 

requirement, a Federal agency must demonstrate 

that every action that it undertakes, approves, 

permits or supports will conform to the appropriate 

State, Tribal or Federal Implementation Plan. 

18Alabama IBR the federal General Conformity 

regulations at 40 CFR 93, Subpart B. 

S, to determine whether the predicted 

ambient impact resulting from the 

emissions increase at a proposed major 

new stationary source or modification is 

considered to cause or contribute to a 

violation of the NAAQS.13

In the PM2.5 PSD Increment-SILs-SMC 

Rule, EPA established the SILs 

threshold which reflects the degree of 

ambient impact on PM2.5 concentrations 

that can be considered de minimis and 

would justify no further analysis or 

modeling of the air quality impact of a 

source in combination with other 

sources in the area because the source 

would not cause or contribute to an 

exceedance of the PM2.5 NAAQS or the 

PM2.5 increments. See 75 FR 64864. 

When a proposed major new source or 

major modification projects (using air 

quality modeling) a PM2.5 impact less 

than the PM2.5 SILs, the proposed 

construction or modification is 

considered to not have a significant air 

quality impact and would not need to 

complete a cumulative impact analysis 

involving an analysis of other sources in 

the area. Additionally, a source with a 

de minimis ambient impact would not 

be considered to cause or contribute to 

a violation of the PM2.5 NAAQS or 

increments. 

The October 20, 2010, rule established 

the PM2.5 SILs in EPA’s existing NNSR 

regulations at 51.165(b)14 and the PSD 

regulations at 40 CFR 51.166(k)(2), 

52.21(k)(2) and part 51, appendix S, as 

optional screening tools that became 

effective on December 20, 2010. Prior to 

the October 20, 2010, rule, the concept 

of a SIL was not previously incorporated 

into the PSD regulations. Where a PSD 

source located in such areas may have 

an impact on an adjacent nonattainment 

area, the PSD source must still 

demonstrate that it will not cause or 

contribute to a violation of the NAAQS 

in the adjacent area. Where emissions 

from a proposed PSD source or 

modification would have an ambient 

impact in a nonattainment area that 

would exceed the SILs, the source is 

considered to cause or contribute to a 

violation of the NAAQS and may not be 

issued a PSD permit without obtaining 

emissions reductions to compensate for 

its impact. See 40 CFR 51.165(b)(2)–(3). 

Alabama’s May 2, 2011, SIP submittal 

addresses the PM2.5 SILs thresholds and 

provisions promulgated in the October 

20, 2010, rule at 40 CFR 51.165(b)(2) 

and 51.166(k)(2). 

3. Significant Monitoring 

Concentrations 

As mentioned above, the SMC 

numerical value represents a threshold 

of insignificant (i.e., de minimis) 

monitored ambient impacts on pollutant 

concentrations. In the PM2.5 PSD 

Increment-SILs-SMC Rule, EPA 

established a PM2.5 SMC of 4 mg/m3 to 

be used as a screening tool by a major 

source subject to PSD to determine the 

subsequent level of PM2.5 data gathering 

required for a PSD permit application. 

Using the SMC as a screening tool, 

sources may be able to demonstrate that 

the modeled air quality impact of 

emissions from the new source or 

modification, or the existing air quality 

level in the area where the source would 

construct, is less than the SMC (i.e., de 

minimis), and as such, may be allowed 

to forego the preconstruction monitoring 

requirement for a particular pollutant at 

the discretion of the reviewing 

authority. 

Recently, the Sierra Club filed suit 

challenging EPA’s authority to 

implement the PM2.5 SILs 15 as well as 

the SMC for PSD purposes as 

promulgated in the October 20, 2012, 

rule. Sierra Club v. EPA, Case No 10– 

1413, D.C. Circuit Court. Specifically, 

regarding the SMC, Sierra Club claims 

that the use of SMCs to exempt a source 

from submitting a year’s worth of 

monitoring data is inconsistent with the 

CAA. EPA responded to Sierra Club’s 

claims in a Brief dated April 6, 2012, 

which describes the Agency’s authority 

to develop and promulgate SMC.16 A 

copy of EPA’s April 6, 2010, Brief can 

be found in the docket for today’s final 

rulemaking at www.regulations.gov 

using docket ID: EPA–R04–OAR–2012– 

0079. 

C. General and Transportation 

Conformity 

In addition to the adoption of NSR 

Federal regulations mentioned above, 

Alabama’s SIP revision updates the 

State’s General and Transportation 

Conformity regulations 17 at Chapter 

335–3–17—Conformity of Federal 

Actions to State Implementation Plans. 

Alabama’s Conformity regulations at 

335–3–17 include Transportation 

Conformity rules at 335–3–17.01 and 

General Conformity rules at 335–3– 

17.02. The May 2, 2011, SIP revision 

updates Alabama conformity regulations 

at Chapter 335–3–17 to be consistent 

with recent updates to federal General 

Conformity 18 regulations promulgated 

on April 5, 2010 (See 75 FR 17254) and 

transportation conformity regulations 

regarding implementation of the PM2.5

and PM10 nonattainment and 

maintenance areas. 

II. This Action 

As was noted previously, EPA 

proposed approval of portions of 

Alabama’s May 2, 2011, SIP revision on 

August 6, 2012, and EPA received one 

off-topic comment. Although EPA is not 

obligated to respond to off-topic 

comments, EPA is nonetheless 

providing a brief response below. The 

complete comment is available in the 

docket for this rulemaking action, but a 

summary of the comment is as follows. 

The Commenter states that s/he ‘‘would 

like to see the science research they put 

into this’’ and suggested that, ‘‘an 

independent review board to look into 

this with an unbiased opinion.’’ As was 

explained in the detailed August 6, 

2012, proposed rulemaking and 

supporting docketed information, EPA 

is obligated to take action on Alabama’s 

May 2, 2011, SIP revision. The technical 

and legal basis for today’s action was 

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59104 Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 

19 In the preamble to the October 20, 2010, final 

rule EPA indicates that the Agency does not 

consider the SILs to be a mandatory SIP element, 

but regard them as discretionary on the part of 

regulating authority for use in the PSD permitting 

process. See 75 FR 64864 at 64899. 

20EPA is currently developing guidance to 

provide a provisional course of action to implement 

the PM2.5 SILs pending revision to implementing 

(k)(2) provisions and the litigation. The guidance 

will ensure that the PM2.5 SILs are properly applied 

as part of a PSD compliance demonstration to show 

that a source’s impact will not cause or contribute 

to a violation of the PM2.5 NAAQS or increment. 

21The provisions at 335–3–14–.03(1)(g) are 

consistent with SILs provisions at 40 CFR 51.165(b). 

explained in the August 6, 2012, 

rulemaking, summarized in this final 

action, and further supported by the 

additional information provided in the 

docket for today’s rulemaking action. 

Nothing in the CAA mandates that an 

independent review board look into 

today’s SIP action. Notably, the 

comment raises nothing substantively 

on-point regarding this rulemaking 

action; but rather, makes broad 

generalizations that do not appear 

relevant to today’s action. 

EPA is now taking final action to 

approve into the Alabama SIP portions 

of the State’s May 2, 2011, SIP revision 

to adopt the PSD permitting regulations 

to implement the PM2.5 NAAQS, 

including the NSR PM2.5 and PM2.5

Increment-SILs-SMC Rules and changes 

to the State’s General and 

Transportation Conformity regulations 

as proposed on August 6, 2012. See 77 

FR 46664. ADEM’s PSD preconstruction 

regulations are found at rule 335–3–14- 

.04 and apply to major stationary 

sources or modifications constructed in 

areas designated attainment or 

unclassifiable/attainment as required 

under part C of title I of the CAA with 

respect to the NAAQS. Additionally, 

rule 335–3–14-.03 establishes general 

standards for granting permits in the 

State. ADEM’s May 2, 2011, changes to 

Chapter 335–3–14 were submitted to 

adopt into the State’s NSR permitting 

program PSD provisions promulgated in 

the NSR PM2.5 Rule and the PM2.5 PSD 

Increment-SILs-SMC rule. These 

changes to Alabama’s regulations 

became state effective on May 23, 2011. 

ADEM’s SIP revision adopts the NSR 

PM2.5 Rule PSD provisions, including: 

(1) The requirement for NSR permits to 

address directly emitted PM2.5 and 

precursor pollutants; (2) the amendment 

establishing significant emission rates 

for direct PM2.5 and precursor pollutants 

(SO2 and NOX) (at 335–3–14–.04(2)(w)) 

and recognizing PM2.5 precursors (at 

335–3–14–.04(2)(b) and 335–3–14– 

.04(2)(w)) as amended at 40 CFR 

51.166(b)(23)(i); and (3) the PSD 

requirement for states to address 

condensable PM in establishing 

enforceable emission limits for PM10

and PM2.5 (at 353–14–.04(2)(ww)(5)) as 

amended at 40 CFR 51.166(b)(49). 

Additionally, Alabama’s May 2, 2011, 

SIP revision did not adopt the 

grandfathering provision at 40 CFR 

52.21(i)(1)(xi) in accordance with the 

repeal of the PM2.5 grandfathering 

provision. As mentioned earlier, EPA 

anticipates taking action on the May 2, 

2011, SIP revision NNSR amendments 

in a separate rulemaking. Regarding the 

condensable provision, in light of 

Alabama’s request in its June 18, 2012, 

letter and EPA’s intention to amend the 

definition of ‘‘regulated NSR pollutant’’ 

as discussed in the March 16, 2012, 

correction rulemaking, EPA is not taking 

final action to approve the terminology 

‘‘particulate matter emissions’’ into the 

Alabama SIP (at 353–14–.04(2)(ww)(5)) 

for the condensable provision in the 

definition of ‘‘regulated NSR pollutant.’’ 

See 77 FR 15656. EPA is, however, 

taking final action to approve into the 

Alabama SIP the remaining condensable 

requirement at 40 CFR 51.166(b)(49)(vi), 

which requires that condensable 

emissions be accounted for in 

applicability determinations and in 

establishing emissions limitations for 

PM2.5 and PM10.

With respect to the PM2.5 PSD 

Increment-SILs SMC Rule, EPA is taking 

final action to also approve into the 

Alabama SIP the PSD increments for the 

PM2.5 annual and 24-hour NAAQS 

pursuant to section 166(a) of the CAA 

and the SMC of 4 mg/m3 for the PM2.5

NAAQS. The May 2, 2011, SIP revision 

includes: (1) The PM2.5 increments as 

promulgated at 40 CFR 51.166(c)(1) and 

(p)(4) (for Class I Variances) and (2) 

amendments to the terms ‘‘major source 

baseline date’’ (at 353–14–.04(2)(m)) as 

amended at 40 CFR 51.166(b)(14)(i)(c) 

and 52.21(b)(14)(i)(c), ‘‘minor source 

baseline date’’ (including establishment 

of the ‘‘trigger date’’) (at 353–14– 

.04(2)(n)1), and ‘‘baseline area’’ (at 353– 

14–.04(2)(o)) as amended at 

51.166(b)(15)(i) and (ii) and 

52.21(b)(15)(i). 

Regarding the SILs and SMC, EPA’s 

authority to implement the PM2.5 SILs 

and SMC is currently the subject of 

litigation by the Sierra Club. In a brief 

filed in the D.C. Circuit on April 6, 

2012, EPA described the Agency’s 

authority under the CAA to promulgate 

and implement the SMCs and SILs de 

minimis thresholds. Sierra Club v. EPA, 

Case No. 10–1413 D.C. Circuit. 

However, EPA is finalizing approval of 

the promulgated SMC thresholds into 

the Alabama SIP (at rule 335–3– 

14.04(8)(h)) because the Agency believes 

the SMC is a valid exercise of the 

Agency’s de minimis authority as well 

as the fact they are consistent with 

EPA’s promulgated levels in the PM2.5

PSD Increment-SILs-SMC Rule. The 

ongoing litigation may result in the 

court decision that may require 

subsequent rule revisions and SIP 

revisions from Alabama. 

In response to the litigation, EPA 

requested that the court remand and 

vacate the new regulatory text at 40 CFR 

51.166(k)(2) and 52.21(k)(2) concerning 

the implementation of SILs for PM2.5 so 

that EPA can make necessary 

rulemaking revisions to that text.19 In 

light of EPA’s request for remand and 

vacatur and our acknowledgement of 

the need to revise the regulatory text 

presently contained at paragraph (k)(2) 

of sections 51.166 and 52.21, the 

Agency has determined at this time not 

to approve the SILs portion of ADEM’s 

May 2, 2011, SIP revision that contains 

the affected regulatory text in Alabama’s 

PSD regulations at rule at rule 335–3– 

14–04(10)(b). EPA will take action on 

the SILs portion of Alabama’s May 2, 

2011, SIP revision in a separate 

rulemaking once the issue regarding the 

court case has been resolved.20 The 

PM2.5 PSD Increment-SILs-SMC rule 

promulgated PM2.5 SILs thresholds in 

the NNSR regulations at 40 CFR 

51.165(b)(2). Alabama’s May 2, 2011, 

submission also adopts the PM2.5 SILs 

thresholds in their general permits 

provisions at rule 335–3–14–.03(1)(g) 21

to be consistent with amendments to 40 

CFR 51.165(b) in the PM2.5 PSD 

Increment-SILs-SMC Rule. In light of 

the facts that EPA did not request the 

court to remand and vacate language at 

51.165(b) and that the agency has 

explained its authority to develop and 

promulgate SILs in the brief filed with 

the D.C. Circuit Court concerning the 

litigation, EPA is taking final action to 

approve Alabama’s adoption of the 

PM2.5 SILs thresholds at 335–3–14– 

.03(1)(g). EPA notes, however, that the 

SILs-SMC litigation is ongoing and 

therefore future Court action may 

require subsequent rule revisions and 

SIP submittals from the State of 

Alabama. 

Finally, EPA is taking final action to 

approve Alabama’s changes to the 

State’s General and Transportation 

conformity regulations to be consistent 

with Federal regulations. These changes 

include updating the IBR date at 335– 

3–17.02 to July 1, 2010, to be consistent 

with Federal General Conformity rules 

(as promulgated on April 5, 2010) and 

to update the Transportation Conformity 

SIP at 335–3–17–.01 effective May 23, 

2011, to include EPA’s transportation 

conformity rule updates regarding 

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Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 59105 

implementation of the PM2.5 and PM10

nonattainment and maintenance areas. 

III. Final Action 

EPA is taking final action to approve 

portions of Alabama’s May 2, 2011, SIP 

revisions (with the exception of the term 

‘‘particulate matter emissions,’’ the 

NNSR revisions and the SILs threshold 

and provisions) adopting federal 

regulations amended in the NSR PM2.5

and the PM2.5 PSD Increment-SILs-SMC 

Rules to implement the PM2.5 NAAQS 

for the NSR program because they are 

consistent with section 110 of the CAA 

and its regulations regarding NSR 

permitting. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 CAA. 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 CAA; 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 26, 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements and 

Volatile organic compounds. 

Dated: September 10, 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 B—Alabama 

■ 2. Section 52.50(c) is amended under 

Chapters 335–3–14 and 335–3–17 by 

revising the entries for ‘‘Section 335–3– 

14–.03,’’ ‘‘Section 335–3–14–.04,’’ 

‘‘Section 335–3–17–.01,’’ and ‘‘Section 

335–3–17–.02’’ to read as follows: 

§ 52.520 Identification of plan 

* * * * * 

(c) * * * 

EPA APPROVED ALABAMA REGULATIONS

State citation Title/subject State 

effective date EPA approval date Explanation 

*******

Chapter No. 335–3–14 Air Permits 

*******

Section 335– 

3–14–.03.

Standards for Granting Permits.May 23, 

2011.

9–26–12 ..................................

[Insert citation of publication]. 

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59106 Federal Register / Vol. 77, No. 187 / Wednesday, September 26, 2012 / Rules and Regulations 

EPA APPROVED ALABAMA REGULATIONS—Continued 

State citation Title/subject State 

effective date EPA approval date Explanation 

Section 335– 

3–14–.04.

Air Permits Authorizing Construction in Clean Air Areas 

[:prevention of Significant 

Deterioration (PSD)].

May 23, 

2011.

9–26–12 ..................................

[Insert citation of publication]. 

As of [Insert date of publication in FEDERAL

REGISTER] Section 335–3–14–.04 does not 

include Alabama’s revision to adopt the 

PM2.5 SILs threshold and provisions (as 

promulgated in the October 20, 2010 PM2.5

PSD Increment-SILs-SMC Rule at 40 CFR 

1.166(k)(2) and the term ‘‘particulate matter 

emissions’’ (as promulgated in the May 16, 

2008 NSR PM2.5 Rule (at 40 CFR 

51.166(b)(49)(vi)). 

* * * * * * * 

Chapter No. 335–3–17 Conformity of Federal Actions to State Implementation Plans 

Section 335– 

3–17.01.

Transportation Conformity ....... May 23, 

2011.

9–26–12 ..................................

[Insert citation of publication]. 

Section 335– 

3–17–.02.

General Conformity ................. May 23, 

2011.

9–26–12 ..................................

[Insert citation of publication]. 

* * * * * * * 

* * * * * 

[FR Doc. 2012–23586 Filed 9–25–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0813; FRL–9363–6] 

Glufosinate Ammonium; Pesticide 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of glufosinate 

ammonium in or on multiple 

commodities which are identified and 

discussed later in this document. 

Interregional Research Project Number 4 

(IR–4) and Bayer CropScience requested 

these tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

September 26, 2012 except for the 

addition of the tolerance for Fruit, stone, 

group 12–12 to the table in § 180.473 (a), 

which is effective October 22, 2012. 

Objections and requests for hearings 

must be received on or before November 

26, 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–2009–0813, 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: 

Sidney Jackson, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7610; email address: 

jackson.sidney@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://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–2009–0813 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 November 26, 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 (excluding 

any CBI) for inclusion in the public 

docket. Information not marked 

confidential pursuant to 40 CFR part 2 

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