13496 Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 

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

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

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

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 7, 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. 

Dated: January 13, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52 [AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(364)(i)(B)(2) and 

(379)(i)(A)(5) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(364) * * * 

(i) * * * 

(B) * * * 

(2) Rule 1186, ‘‘PM10 Emissions from 

Paved and Unpaved Roads and 

Livestock Operations,’’ amended on July 

11, 2008. 

* * * * * 

(379) * * * 

(i) * * * 

(A) * * * 

(5) Rule 1157, ‘‘PM10 Emission 

Reductions from Aggregate and Related 

Operations,’’ adopted on September 6, 

2006. 

* * * * * 

[FR Doc. 2012–5385 Filed 3–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2009–0596; FRL–9637–1] 

RIN 2040–AF36 

Effective Date for the Water Quality 

Standards for the State of Florida’s 

Lakes and Flowing Waters 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing an extension 

of the March 6, 2012 effective date of 

the ‘‘Water Quality Standards for the 

State of Florida’s Lakes and Flowing 

Waters; Final Rule’’ (inland waters rule) 

for four months to July 6, 2012. EPA’s 

inland waters rule included an effective 

date of March 6, 2012 for the entire 

regulation except for the site-specific 

alternative criteria provision, which 

took effect on February 4, 2011. This 

revision of the effective date for the 

inland waters rule does not affect or 

change the February 4, 2011 effective 

date for the site-specific alternative 

criteria provision. 

DATES: This final rule is effective on 

March 6, 2012. The effective date of 

§ 131.43, revised on December 6, 2010 

(75 FR 75805), effective March 6, 2012, 

is delayed until July 6, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–OW–2011–0466. 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, 

e.g., CBI or other information of which 

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 EPA Docket Center, EPA West Room 

3334, 1301 Constitution Avenue NW., 

Washington, DC 20004, Attention: 

Docket ID No. EPA–HQ–OW–2009– 

0596. The Office of Water (OW) Docket 

Center is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The OW Docket Center 

telephone number is 202–566–1744. 

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. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning this rulemaking, 

contact: Tracy Bone, U.S. EPA, Office of 

Water, Mailcode 4305T, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460; telephone number 202–564– 

5257; email address: 

bone.tracy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

Does this action apply to me? 

Citizens concerned with water quality 

in Florida may be interested in this 

rulemaking. Entities discharging 

nitrogen or phosphorus to lakes and 

flowing waters of Florida could be 

indirectly affected by this rulemaking 

because water quality standards (WQS) 

are used in determining National 

Pollutant Discharge Elimination System 

(NPDES) permit limits. Categories and 

entities that may ultimately be affected 

include: 

Category Examples of potentially affected entities 

Industry .................................................... Industries discharging pollutants to lakes and flowing waters in the State of Florida. 

Municipalities ........................................... Publicly-owned treatment works discharging pollutants to lakes and flowing waters in the State of 

Florida. 

Stormwater Management Districts .......... Entities responsible for managing stormwater runoff in Florida. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for entities that may be directly or 

indirectly affected by this action. This 

table lists the types of entities of which 

EPA is now aware that potentially could 

be affected by this action. Other types of 

entities not listed in the table, such as 

nonpoint source contributors to 

nitrogen/phosphorus pollution in 

Florida’s waters may be indirectly 

affected through implementation of 

Florida’s water quality standards 

program (i.e., through Basin 

Management Action Plans (BMAPs)). 


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Any parties or entities conducting 

activities within watersheds of the 

Florida waters covered by this rule, or 

who rely on, depend upon, influence, or 

contribute to the water quality of the 

lakes and flowing waters of Florida, may 

be indirectly affected by this rule. To 

determine whether your facility or 

activities may be affected by this action, 

you should carefully examine the 

language in 40 CFR 131.43, which is the 

final rule. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

II. Background 

On December 6, 2010, EPA’s final 

inland waters rule, entitled ‘‘Water 

Quality Standards for the State of 

Florida’s Lakes and Flowing Waters; 

Final Rule,’’ was published in the 

Federal Register at 75 FR 75762, and 

codified at 40 CFR 131.43. The final 

inland waters rule established numeric 

nutrient criteria in the form of total 

nitrogen, total phosphorus, 

nitrate+nitrite, and chlorophyll a for the 

different types of Florida’s inland 

waters to assure attainment of the 

State’s applicable water quality 

designated uses. More specifically, the 

numeric nutrient criteria translated 

Florida’s narrative nutrient provision at 

Subsection 62–302–530(47)(b), Florida 

Administrative Code (F.A.C.), into 

numeric values that apply to lakes and 

springs throughout Florida and flowing 

waters outside of the South Florida 

Region. (EPA has distinguished the 

South Florida Region as those areas 

south of Lake Okeechobee and the 

Caloosahatchee River watershed to the 

west of Lake Okeechobee and the St. 

Lucie watershed to the east of Lake 

Okeechobee.) This final inland waters 

rule seeks to improve water quality, 

protect public health and aquatic life, 

and achieve the long-term recreational 

uses of Florida’s waters, which are a 

critical part of the State’s economy. 

III. Revised Effective Date 

A. Rationale for Extending the March 6, 

2012 Effective Date 

As stated in the inland waters rule, 75 

FR 75807, the rule was scheduled to 

take effect on March 6, 2012, except for 

the site-specific alternative criteria 

(SSAC) provision at 40 CFR 131.43(e), 

which took effect on February 4, 2011. 

As discussed at length in the proposal 

to this final rule, 76 FR 79604 and 

finalized in this action, EPA is 

extending the effective date of the final 

inland waters rule four months to July 

6, 2012. 

The State rulemaking and legislative 

process is ongoing and its ultimate 

resolution is uncertain. The Florida 

Department of Environmental Protection 

(FDEP) sent the Environmental Review 

Commission (ERC)-approved rules and 

amendments to the Florida legislature 

for ratification during the 2012 regular 

legislative session. The last day of 

Florida’s 2012 regular legislative session 

is March 9, 2012. Final State action on 

Florida numeric nutrient criteria that 

assure attainment of State water quality 

designated uses consistent with 

applicable CWA provisions could affect 

the need for EPA’s criteria for 

corresponding waters to take effect. 

Implementation of either the State or 

Federal criteria could have implications 

for many interested parties and 

members of the public in the State. 

Extending the effective date of EPA’s 

inland waters rule would avoid the 

confusion and inefficiency that may 

occur should Federal criteria become 

effective while State criteria are being 

finalized by the State, submitted to EPA, 

and reviewed by EPA. To this end, EPA 

proposed a 90-day extension of the 

March 6, 2012 effective date on 

December 22, 2012 (76 FR 79604) and 

requested comment. EPA also requested 

comment on whether a longer extension 

should be provided. Based on public 

comment, and because the State 

rulemaking process has continued 

toward FDEP’s adoption and submission 

of new or revised water quality 

standards to EPA for review pursuant to 

CWA section 303(c), EPA is extending 

the March 6, 2012 effective date by four 

months to July 6, 2012 to allow the State 

to complete its process. 

B. Public Comment 

EPA received six comments on the 

proposed rule. One commenter does not 

support any delay in the effective date. 

This commenter says that an extension 

is inconsistent with EPA’s 

determination that numeric nutrient 

criteria are necessary for Florida, the 

Clean Water Act’s direction to EPA to 

act promptly in establishing such 

criteria following such determination, 

and a consent decree obligation. EPA 

disagrees with the commenter. EPA 

maintains that its determination 

remains in place and that numeric 

nutrient criteria for Florida were 

promptly proposed and promulgated by 

EPA (75 FR 75762, December 10, 2010), 

consistent with EPA’s determination, 

the CWA, and the consent decree. This 

action provides a limited time for the 

State of Florida to complete its current 

rulemaking process and to submit any 

finally adopted water quality standards 

to EPA for review under the Clean 

Water Act. As mentioned above, having 

EPA’s criteria take effect while State 

criteria are being finalized by the State 

in the near term could cause confusion 

and administrative inefficiency for the 

State and regulated entities, something 

the EPA wants to avoid. Providing this 

time to allow the State rulemaking 

process to conclude will avoid such 

confusion and inefficiency. 

The other five commenters support 

the proposal to extend the effective date, 

arguing that the additional time would 

avoid the confusion and inefficiency 

that may occur should Federal criteria 

become effective while State criteria are 

being finalized by the State, and 

possibly being reviewed by EPA. These 

commenters supported the proposed 

extension of the effective date by 90 

days. In addition to extending the 

effective date by 90 days, some of these 

commenters also proposed that EPA 

extend the comment period for longer 

than 90 days; a six-month extension and 

a seven-month extension were 

mentioned specifically. EPA agrees that 

a slightly longer extension is warranted, 

but that four months is appropriate in 

order to provide sufficient time to allow 

the State rulemaking process to come to 

completion. 

Therefore, based on public comment 

as well as the continued progress by 

Florida in their water quality standards 

process, EPA believes that a four-month 

extension is warranted. 

EPA received a comment urging 

actions related to an EPA rulemaking 

under development (i.e., not the inland 

waters rule). These comments are 

outside the scope of this action and 

therefore EPA is not addressing them. 

C. Good Cause Exemption 

Section 553(d)(3) of the 

Administrative Procedure Act, 5 U.S.C. 

553(d)(3), provides that ‘‘[t]he required 

publication or service of a substantive 

rule shall be made not less than 30 days 

before its effective date, except * * * 

(3) as otherwise provided by the agency 

for good cause found and published 

with the rule.’’ Today’s final rule is a 

rule that relieves a restriction, i.e., that 

delays the effective date of a Federal 

rule. Today’s rule does not establish any 

requirements but rather merely extends 

the effective date of alreadypromulgated requirements. On this 

basis, EPA has determined that there is 

‘‘good cause’’ for having this rule take 

effect upon March 6, 2012. EPA thus 

finds that this constitutes ‘‘good cause’’ 

under 5 U.S.C. 553(d)(3). 


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13498 Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993), since it merely 

extends the effective date of an already 

promulgated rule, and is therefore not 

subject to review under Executive Order 

12866 and 13563 (76 FR 3821, January 

21, 2011). 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). This action 

does not impose any information 

collection burden, reporting or record 

keeping requirements on anyone. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. For purposes of assessing 

the impacts of this action on small 

entities, small entity is defined as: (1) A 

small business as defined by the Small 

Business Administration’s (SBA) 

regulations at 13 CFR 121.201; (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

This final rule does not establish any 

requirements that are applicable to 

small entities, but rather merely extends 

the date of already promulgated 

requirements. Thus, I certify that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and Tribal governments and the private 

sector. Under section 202 of the UMRA, 

EPA generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and Tribal governments, in the 

aggregate, or to the private sector, of 

$100 million or more in any one year. 

Before promulgating an EPA rule for 

which a written statement is needed, 

section 205 of the UMRA generally 

requires EPA to identify and consider a 

reasonable number of regulatory 

alternatives, and adopt the least costly, 

most cost-effective or least burdensome 

alternative that achieves the objectives 

of the rule. The provisions of section 

205 do not apply when they are 

inconsistent with applicable law. 

Moreover, section 205 allows EPA to 

adopt an alternative other than the least 

costly, most cost-effective or least 

burdensome alternative if the 

Administrator publishes with the final 

rule an explanation of why that 

alternative was not adopted. Before EPA 

establishes any regulatory requirements 

that may significantly or uniquely affect 

small governments, including Tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 

to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

This final rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, or Tribal governments or 

the private sector. This final rule does 

not regulate or affect any entity and, 

therefore, is not subject to the 

requirements of sections 202 and 205 of 

UMRA. 

E. Executive Order 13132 (Federalism) 

This action does not have Federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This action 

merely extends the effective date of an 

already promulgated regulation. 

F. Executive Order 13175 (Consultation 

and Coordination With Indian Tribal 

Governments) 

Subject to the Executive Order 13175 

(65 FR 67249, November 9, 2000) EPA 

may not issue a regulation that has 

Tribal implications, that imposes 

substantial direct compliance costs, and 

that is not required by statute, unless 

the Federal government provides the 

funds necessary to pay the direct 

compliance costs incurred by Tribal 

governments, or EPA consults with 

Tribal officials early in the process of 

developing the proposed regulation and 

develops a Tribal summary impact 

statement. However, the rule will 

neither impose substantial direct 

compliance costs on Tribal 

governments, nor preempt Tribal law. 

In the State of Florida, there are two 

Indian Tribes, the Seminole Tribe of 

Florida and the Miccosukee Tribe of 

Indians of Florida, with lakes and 

flowing waters. Both Tribes have been 

approved for treatment in the same 

manner as a State (TAS) status for CWA 

sections 303 and 401 and have 

federally-approved WQS in their 

respective jurisdictions. These Tribes 

are not subject to this final rule. This 

rule will not impact the Tribes because 

it merely extends the date of already 

promulgated requirements. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to EO 13045 

(62 FR 19885, April 23, 1997) because 

it is not economically significant as 

defined in EO 12866 and because the 

Agency does not believe this action 

includes environmental health risks or 

safety risks that would present a risk to 

children. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 


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Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 13499 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This rulemaking does not involve 

technical standards. Therefore, EPA did 

not consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (E.O.) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. This 

action is not subject to E.O. 12898 

because this action merely extends the 

effective date for already promulgated 

requirements. 

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 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA has 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of March 6, 

2012. EPA will submit a report 

containing this rule 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. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 131 

Environmental protection, Water 

quality standards, Nitrogen/phosphorus 

pollution, Nutrients, Florida. 

Dated: February 16, 2012. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2012–5604 Filed 3–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0702; FRL–9339–7] 

Fenamiphos; Data Call-in Order for 

Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final order. 

SUMMARY: This order requires the 

submission of various data to support 

the continuation of the tolerances for 

the pesticide fenamiphos. Pesticide 

tolerances are established under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). Following publication of this 

order, persons who are interested in the 

continuation of the fenamiphos 

tolerances must notify the Agency by 

completing and submitting the required 

section 408(f) Order Response Form 

(available in the docket) within 90 days. 

If the Agency does not receive within 90 

days after publication of the final order 

a section 408(f) Response Form 

identifying a person who agrees to 

submit the required data, EPA will 

revoke the fenamiphos tolerances. 

DATES: This final order is effective 

March 7, 2012. A section 408(f) Order 

Response Form must be received on or 

before June 5, 2012. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2011–0702. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

Submit your section 408(f) Order 

Response Form, identified by docket 

identification (ID) number EPA–HQ– 

OPP–2011–0702, by one of the 

following methods: 

• Federal eRulemaking Portal: Follow 

the on-line instructions for submitting 

comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

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

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

• Instructions: Direct your section 

408(f) Order Response Form to docket 

ID number EPA–HQ–OPP–2011–0702. 

EPA’s policy is that all information and 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the information or comment includes 

information claimed to be CBI or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov or email. The 

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 information or comments 

via an email directly to EPA without 

going through regulations.gov, your 

email address will be automatically 

captured and included as part of the 

information or comment that is placed 

in the docket and made available on the 

Internet. If you submit information or a 

comment electronically, EPA 

recommends that you include your 

name and other contact information in 

the body of your information or 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

information or comment due to 

technical difficulties and cannot contact 


srobinson on DSK4SPTVN1PROD with RULES