12484 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Lead, Reporting and 

recordkeeping requirements. 

Dated: February 21, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

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 P—Indiana 

■ 2. In § 52.770 the table in paragraph 

(c) is amended by revising the entry for 

‘‘1–3–4’’ to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana 

citation Subject Indiana effective date EPA approval date Notes 

*******

1–3–4 ....... Ambient air quality standards ............................... 10/24/2010 3/1/2012, [Insert page number where the document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2012–4970 Filed 2–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0696–201202(a); 

FRL–9636–8] 

Approval and Promulgation of 

Implementation Plans; Tennessee: 

Prevention of Significant Deterioration; 

Greenhouse Gases—Automatic 

Rescission Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the State 

Implementation Plan (SIP) revision 

submitted by the State of Tennessee, 

through the Tennessee Department of 

Environmental Conservation (TDEC), 

Air Pollution Control Division, to EPA 

on January 11, 2012, for the purpose of 

amending the State’s New Source 

Review (NSR) Prevention of Significant 

Deterioration (PSD) regulations as they 

relate to greenhouse gases (GHGs). 

Specifically, Tennessee amended its 

PSD regulations to add automatic 

rescission provisions. These provisions 

provide that in the event that the U.S. 

Court of Appeals for the DC Circuit or 

the U.S. Supreme Court issues an order 

which would render GHGs not subject 

to regulation under the Clean Air Act’s 

PSD permitting program, then GHGs 

shall not be subject to regulation under 

Tennessee’s PSD regulations as of the 

effective date of EPA’s Federal Register 

notice of vacatur. Further, the 

provisions provide that in the event that 

there is a change to Federal law that 

supersedes regulation of GHGs under 

the Clean Air Act’s PSD permitting 

program, then GHGs shall not be subject 

to regulation under Tennessee’s PSD 

regulations as of the effective date of the 

change in federal law. EPA took action 

to approve the GHG Tailoring Rule PSD 

provisions into the Tennessee SIP in a 

separate rulemaking. EPA is approving 

Tennessee’s January 11, 2012, SIP 

revision because the Agency has made 

the determination that this SIP revision 

is not contrary to section 110 and part 

C of the Clean Air Act (CAA or Act) or 

EPA regulations regarding PSD 

permitting for GHGs. 

DATES: This direct final rule is effective 

April 30, 2012 without further notice, 

unless EPA receives adverse comment 

by April 2, 2012. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number, ‘‘EPA– 

R04–OAR–2010–0696,’’ by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2010– 

0696,’’ 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. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, 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. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID Number, ‘‘EPA–R04–OAR– 

2010–0696.’’ EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 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 through www.regulations.gov 

or email, information that you consider 

to be CBI or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through www.

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the public docket and made available on 

the Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 12485 

1 ‘‘Prevention of Significant Deterioration and 

Title V Greenhouse Gas Tailoring Rule; Final Rule.’’ 

75 FR 31514 (June 3, 2010). 

2 ‘‘Endangerment and Cause or Contribute 

Findings for Greenhouse Gases Under Section 

202(a) of the Clean Air Act.’’ 74 FR 66496 

(December 15, 2009); ‘‘Interpretation of Regulations 

that Determine Pollutants Covered by Clean Air Act 

Permitting Programs.’’ 75 FR 17004 (April 2, 2010); 

and ‘‘Light-Duty Vehicle Greenhouse Gas Emission 

Standards and Corporate Average Fuel Economy 

Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010). 

3Tennessee’s submittal also amends the State’s 

title V regulations at Chapter 1200–03–09–.02, to 

add rescission provisions, however, title V 

regulations are not part of a state’s federally 

approved SIP. EPA is not taking action to approve 

Tennessee’s title V regulations at this time. 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://www.

epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 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 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: 

Twunjala Bradley, 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. The 

telephone number is (404) 562–9352. 

Ms. Bradley can be reached via 

electronic mail at bradley.twunjala@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. EPA’s Analysis of the Approvability of 

Tennessee’s Automatic Rescission 

Provisions 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On January 11, 2012, in response to 

EPA’s GHG Tailoring Rule 1 and earlier 

GHG-related EPA rules,2 TDEC 

submitted a final revision to EPA for 

approval into the Tennessee SIP to 

establish appropriate emission 

thresholds for determining which new 

or modified stationary sources become 

subject to Tennessee’s PSD permitting 

requirements for GHG emissions.3

Specifically, Tennessee’s January 11, 

2012, SIP revision included changes to 

TDEC’s Air Quality Regulations, 

Chapter 1200–03–09–.01(4)— 

Construction and Operating Permits, 

Prevention of Significant Deterioration, 

which became state-effective February 

8, 2011. The changes to Chapter 1200– 

03–09–.01(4) addressed the thresholds 

for GHG permitting applicability. In a 

rulemaking separate from today’s 

rulemaking, EPA took final action to 

approve TDEC’s air quality regulations 

impacting the regulation of GHG under 

Tennessee’s PSD program. Detailed 

background information and EPA’s 

rationale for the proposed approval of 

Tennessee’s GHG regulations under the 

State’s PSD program are provided in 

EPA’s November 5, 2010, Federal 

Register notice. See 75 FR 68265. 

Also on January 11, 2012, TDEC 

submitted a SIP revision (the subject of 

today’s rulemaking) to include changes 

to TDEC’s air quality regulations at 

Chapter 1200–03–09–.01(4)(b)46(i) to 

add automatic rescission provisions 

related to EPA’s GHG permitting 

requirements (state effective November 

27, 2011). EPA’s analysis of the 

approvability of Tennessee’s automatic 

rescission provisions is provided in 

section II of this rulemaking. 

II. EPA’s Analysis of the Approvability 

of Tennessee’s Automatic Rescission 

Provisions 

Tennessee’s January 11, 2012, SIP 

submittal adds automatic rescission 

provisions to the State’s PSD regulations 

at Chapter 1200–03–09. The automatic 

rescission provisions at Chapter 1200– 

03–09–.01(4)(b)46(i) provide that in the 

event that the D.C. Circuit or the U.S. 

Supreme Court issues an order which 

would render GHG emissions not 

subject to regulation under the Clean 

Air Act’s PSD permitting program, then 

GHGs shall not be subject to regulation 

under Tennessee’s PSD regulations as of 

the effective date of the Federal Register 

notice of vacatur. Further, the 

provisions provide that in the event that 

there is a change to federal law that 

supersedes regulation of GHGs under 

the Clean Air Act’s PSD permitting 

program, then GHGs shall not be subject 

to regulation under Tennessee’s PSD 

regulations as of the effective date of the 

change in Federal law. 

EPA has determined that Tennessee’s 

automatic rescission provisions are 

approvable. In assessing the 

approvability of these provisions, EPA 

considered two key factors: (1) Whether 

the public will be given reasonable 

notice of any change to the SIP that 

occurs as a result of the automatic 

rescission provisions, and (2) whether 

any future change to the SIP that occurs 

as a result of the automatic rescission 

provisions would be consistent with 

EPA’s interpretation of the effect of the 

triggering action on Federal GHG 

permitting requirements. These criteria 

are derived from the SIP revision 

procedures set forth in the CAA and 

Federal regulations. 

Regarding public notice, CAA section 

110(l) provides that any revision to a 

SIP submitted by a State to EPA for 

approval ‘‘shall be adopted by such 

State after reasonable notice and public 

hearing.’’ In accordance with CAA 

section 110(l), TDEC followed 

applicable notice-and-comment 

procedures prior to adopting the 

automatic rescission provisions. Thus, 

the public is on notice that the 

automatic rescission provisions 

approved into Tennessee’s SIP by 

today’s action will enable the SIP to 

update automatically to reflect any 

order by the D.C. Circuit or the U.S. 

Supreme Court or any change in federal 

law that renders GHGs not subject to 

regulation under the Clean Air Act’s 

PSD permitting program. In addition, 

the automatic rescission provisions 

provide that no change to the SIP as a 

result of an order by the D.C. Circuit or 

the U.S. Supreme Court will occur until 

EPA publishes a Federal Register notice 

of vacatur. Likewise, a change to federal 

law that supersedes regulation of GHGs 

under the federal PSD program would 

not affect Tennessee’s SIP until the 

effective date of the federal law change. 

Thus, the timing and extent of any 

future SIP change resulting from 

Tennessee’s automatic rescission 

provisions will be clear to both the 

regulated community and the general 

public. 

EPA’s consideration of whether any 

SIP change resulting from Tennessee’s 

automatic rescission provisions would 

be consistent with EPA’s interpretation 

of the effect of the triggering action on 

federal GHG permitting requirements is 

based on 40 CFR 51.105. Under 40 CFR 


tkelley on DSK3SPTVN1PROD with RULES
12486 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 

51.105, ‘‘[r]evisions of a plan, or any 

portion thereof, will not be considered 

part of an applicable plan until such 

revisions have been approved by the 

Administrator in accordance with this 

part.’’ 40 CFR 51.105. To be consistent 

with 40 CFR 51.105, any automatic SIP 

change resulting from a court order or 

federal law change must be consistent 

with EPA’s interpretation of the effect of 

such order or Federal law change on 

GHG permitting requirements. EPA 

concludes that Tennessee’s rescission 

provisions include sufficient safeguards 

to ensure that any resulting SIP change 

will be consistent with EPA’s 

interpretation of the effect of the 

triggering action on federal GHG 

permitting requirements. Specifically, 

any automatic SIP change resulting from 

a court order pursuant to Chapter 1200– 

03–09–.01(4)(b)46(i)(I) would occur only 

after EPA’s publication of a Federal 

Register notice of vacatur. Likewise, 

with respect to the revocation of GHG 

permitting requirements pursuant to 

Chapter 1200–03–09–.01(4)(b)46(i)(II) 

following ‘‘a change to Federal law that 

supersedes regulation of GHGs’’ under 

the CAA, EPA reads this provision to 

mean that Tennessee will wait for and 

follow EPA’s interpretation as to the 

impact of any federal law change on 

Federal GHG permitting requirements 

before changing its own application of 

Tennessee’s SIP. In the event of a court 

decision or Federal law change that 

triggers (or likely triggers) application of 

Tennessee’s automatic rescission 

provisions, EPA intends to promptly 

describe the impact of the court 

decision or Federal law change on the 

enforceability of its GHG permitting 

regulations. 

III. Final Action 

EPA is taking direct final action to 

approve Tennessee’s January 11, 2012, 

SIP revision to amend Tennessee’s SIPapproved regulations to adopt automatic 

rescission provisions at Chapter 1200– 

03–09–.01(4)(b)46(i). Specifically, the 

provisions establish that GHGs would 

not be subject to regulation under 

TDEC’s PSD program in the event that 

an order by the D.C. Circuit or the U.S. 

Supreme Court or a change in Federal 

law renders GHGs not subject to 

regulation under the CAA’s PSD 

permitting program. EPA has made the 

determination that Tennessee’s January 

11, 2012, SIP revision is approvable 

because it is not contrary to section 110 

and part C of the CAA or EPA 

regulations regarding PSD permitting for 

GHGs. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a non-controversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comment be filed. This 

rule will be effective on April 30, 2012 

without further notice unless the 

Agency receives adverse comment by 

April 2, 2012. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. If no such 

comments are received, the public is 

advised this rule will be effective on 

April 30, 2012 and no further action 

will be taken on the proposed rule. 

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, 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 April 30, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Rules and Regulations 12487 

proposed rulemaking. 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 52 

Environmental protection, Air 

pollution control, Greenhouse gases, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: February 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 RR—Tennessee 

■ 2. Section 52.2220 (c) is amended 

under Table 1, Chapter 1200–3–9 by 

revising the entry for ‘‘Section 1200–3– 

9–.01’’ to read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

Chapter 1200–3–9 Construction and Operating Permits 

Section 1200–3–9–.01 ... Construction Permits ... 11/27/2011 3/1/2012 [Insert citation 

of publication].

EPA is approving Tennessee’s May 28, 2009 

SIP revisions to Chapter 1200–3–9–.01 with 

the exception of the ‘‘baseline actual emissions’’ calculation revision found at 1200–3– 

9–.01 (4)(b)45(i)(III), (4)(b)45(ii)(IV), 

(5)(b)1(xlvii)(I)(III) and (5)(b)1(xlvii)(II)(IV) of 

the submittal. 

* * * * * * * 

* * * * * 

[FR Doc. 2012–4892 Filed 2–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0050–201207(a); 

FRL–9639–4] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

Atlanta; Fine Particulate Matter 2002 

Base Year Emissions Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve the fine particulate 

matter (PM2.5) 2002 base year emissions 

inventory, portion of the State 

Implementation Plan (SIP) revision 

submitted by the State of Georgia on 

July 6, 2010. The emissions inventory is 

part of the Atlanta, Georgia (hereafter 

referred to as ‘‘the Atlanta Area’’ or 

‘‘Area’’), PM2.5 attainment 

demonstration that was submitted for 

the 1997 annual PM2.5 National Ambient 

Air Quality Standards (NAAQS). This 

action is being taken pursuant to section 

110 of the Clean Air Act (CAA). 

DATES: This direct final rule is effective 

April 30, 2012 without further notice, 

unless EPA receives adverse comment 

by April 2, 2012. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2012–0050, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2012– 

0050,’’ 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. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, 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. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2012– 

0050. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment 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 


tkelley on DSK3SPTVN1PROD with RULES