33708 Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Rules and Regulations 

collection burden that requires 

additional review by OMB under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). The 

information collection activities 

contained in the regulations are already 

approved under OMB control number 

2070–0133 (EPA ICR No. 1632). An 

agency may not conduct or sponsor, and 

a person is not required to respond to 

a collection of information unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in 40 CFR are listed 

in 40 CFR part 9. 

Because the Agency has made a ‘‘good 

cause’’ finding that this action is not 

subject to notice-and-comment 

requirements under the APA or any 

other statute as stated in Unit IV. of this 

preamble, it is not subject to the 

regulatory flexibility provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.), or to sections 202 and 205 of the 

Unfunded Mandates Reform Act 

(UMRA) (2 U.S.C. 1531-1538). In 

addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. 

This rule does not have tribal 

implications, as specified in Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000), or federalism implications as 

specified in Executive Order 13132, 

entitled Federalism (64 FR 43255, 

August 10, 1999). 

Since this action is not economically 

significant under Executive Order 

12866, it is not subject to Executive 

Order 13045, entitled Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997), and 13211, Actions 

concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). 

This action does not involve technical 

standards; thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. 

This rule does not involve special 

consideration of environmental justice 

related issues as specified in Executive 

Order 12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

EPA’s compliance with these statutes 

and Executive Orders for the existing 

regulations is discussed in the August 

16, 2006 and October 29, 2008 Federal 

Register documents. 

VI. FIFRA Mandated Reviews 

As provided in FIFRA section 25(a)(2) 

and (d), the Secretary of Agriculture and 

the FIFRA Scientific Advisory Panel 

waived review of this final rule. Also in 

accordance with FIFRA section 25(a), 

the Agency transmitted this final rule to 

the Secretary of the Senate and the Clerk 

of the House of Representatives. 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

Agency promulgating the rule must 

submit a rule report to each House of 

the Congress and the Comptroller 

General of the United States. 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 rule is not a ‘‘major rule’’ 

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

List of Subjects in 40 CFR Part 156 

Environmental protection, Labeling, 

Pesticides and pests. 

Dated: June 9, 2010. 

Lisa P. Jackson, 

Administrator. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 156—[AMENDED] 

■ 1. The authority citation for part 156 

continues to read as follows: 

Authority: 7 U.S.C. 136 through 136y. 

■ 2. Revise § 156.159 to read as follows: 

§ 156.159 Compliance date. 

Any pesticide product released for 

shipment by a registrant after December 

16, 2010 must bear a label that complies 

with §§ 156.10(d)(7), 156.10(f), 

156.10(i)(2)(ix), 156.140, 156.144, 

156.146 and 156.156. 

[FR Doc. 2010–14403 Filed 6–14–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[EPA–R10–OW–2006–0409; FRL–9161–7] 

Ocean Dumping; Correction of 

Typographical Error in 2006 Federal 

Register Final Rule for Designation of 

Ocean Dredged Material Disposal Site 

at Coos Bay, OR, Site F; Restoration of 

Coordinates for Ocean Dredged 

Material Disposal Site at Coos Bay, 

OR, Site H 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to correct a typographical error in 

the Final Rule for the Ocean Dumping; 

De-designation of Ocean Dredged 

Material Disposal Site and Designation 

of New Site near Coos Bay, Oregon. 

DATES: This rule is effective on August 

16, 2010 without further notice, unless 

EPA receives adverse comment by July 

15, 2010. If EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit any comments, 

identified by Docket ID No. EPA–R10– 

OW–2006–0409 by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for accessing the 

docket and materials related to this 

direct final rule and for submitting 

comments. 

• E-mail: Winkler.Jessica@epa.gov. 

• Mail: Jessica Winkler, U.S. 

Environmental Protection Agency, 

Region 10, Office of Ecosystems, Tribal 

and Public Affairs (ETPA–088), 

Environmental Review and Sediment 

Management Unit, 1200 Sixth Avenue, 

Suite 900, Seattle, Washington 98101. 

Publicly available docket materials 

are available either electronically at 

http://www.regulations.gov or in hard 

copy during normal business hours for 

the regional library at the U.S. 

Environmental Protection Agency, 

Region 10, Library, 10th Floor, 1200 

Sixth Avenue, Suite 900, Seattle, 

Washington 98101. For access to the 

documents at the Region 10 Library, 

contact the Region 10 Library Reference 

Desk at (206) 553–1289, between the 

hours of 9 a.m, to 12 p.m., and between 

the hours of 1 p.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays, for an appointment. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Winkler, U.S. Environmental 

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Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Rules and Regulations 33709 

Protection Agency, Region 10, Office of 

Ecosystems, Tribal and Public Affairs 

(ETPA–088), Environmental Review and 

Sediment Management Unit, 1200 Sixth 

Avenue, Suite 900, Seattle, Washington 

98101, phone number: (206) 553–7369, 

e-mail: winkler.jessica@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because this is a 

noncontroversial action and EPA 

anticipates no adverse comment. The 

sites have been used as EPA intended 

and as described in the preamble to the 

Federal Register and in the Site 

Management and Monitoring Plan 

(SMMP) and the typographical error was 

only brought to EPA’s attention in late 

April 2010. However, in the ‘‘Proposed 

Rules’’ section of this Federal Register, 

we are publishing a separate document 

that will serve as the proposed rule to 

allow EPA to withdraw this final rule 

and respond to comments on this action 

if adverse comments are received on 

this direct final rule. We will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. For 

further information about commenting 

on this rule, see the ADDRESSES section 

of this document. 

If EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We will address all public 

comments in any subsequent final rule 

based on the proposed rule. 

II. Does this action apply to me? 

Persons potentially affected by this 

action include those who seek or might 

seek permits or approval by EPA to 

dispose of dredged material into ocean 

waters pursuant to the Marine 

Protection, Research, and Sanctuaries 

Act (MPRSA), 33 U.S.C. 1401 to 1445. 

EPA’s action would be relevant to 

persons, including organizations and 

government bodies seeking to dispose of 

dredged material in ocean waters 

offshore of the Coos Bay, Oregon. 

Currently, the U.S. Army Corps of 

Engineers (Corps) would be most 

affected by this action. Potentially 

affected categories and persons include: 

Category Examples of potentially regulated persons 

Federal Government ................................................................................. U.S. Army Corps of Engineers Civil Works Projects, and other Federal 

Agencies. 

Industry and General Public ..................................................................... Port Authorities, Marinas and Harbors, Shipyards and Marine Repair 

Facilities, Berth Owners. 

State, local and tribal governments .......................................................... Governments owning and/or responsible for ports, harbors, and/or 

berths, Government agencies requiring disposal of dredged material 

associated with public works projects. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding persons likely to 

be affected by this action. For any 

questions regarding the applicability of 

this action to a particular person, please 

refer to the contact person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

III. What is the background for this 

action? 

In 1986, the Regional Administrator 

designated three disposal sites (Site E, 

original Site F and Site H) off of Coos 

Bay, Oregon under the MPRSA. Original 

Site F began to experience mounding 

and the Corps selected a 103 Site F to 

enable the three Coos Sites to 

accommodate the total volume of 

dredged material generated on an 

annual basis. The Corps intended to 

seek designation of the 103 site as soon 

as reasonable, however, the 103 Site F 

was too small for 102 designation by 

EPA. Consequently EPA proposed a new 

Site F on March 31, 2000, which was 

larger than the 103 site. In that proposal, 

EPA also proposed to de-designate the 

original Site F. EPA published a final 

rule, 71 FR 27396 (May 11, 2006), to dedesignate original Site F and to 

designate new Site F. Figure 1, below, 

shows all of the Coos Sites, including 

Sites E and H, the de-designated Site F, 

the 103 configured Site F and the new 

Site F. The new Site F was designed to 

ensure that disposal of dredged material 

into Site F would be managed to retain 

material in the active littoral drift area 

to augment shoreline building processes 

and to allow material placed in the 

corner of the site closest to the jetty to 

continue augmentation toward the 

nearshore and toward the North Jetty. 

The coordinates (North American 

Datum—NAD 83) for new Site F, as 

finalized in the Final Rule preamble, 

were: 

43°22′54.8887′′ N., 124°19′28.9905′′ W. 

43°21′32.8735′′ N., 124°20′37.7373′′ W. 

43°22′51.4004′′ N., 124°23′32.4318′′ W. 

43°23′58.4014′′ N., 124°22′35.4308′′ W. 

These coordinates were the 

coordinates used in the final Site 

Management and Monitoring Plan 

(SMMP) for the Coos Sites. These 

coordinates were to be codified at 40 

CFR 228.15(n)(3). However, a 

typographical error in the final rule 

mistakenly allowed the coordinates to 

be codified at 40 CFR 228.15(n)(4). This 

typographical error led to the result on 

paper, but not in practice, of leaving the 

Original Site F coordinates unchanged 

and inadvertently overwriting the 

coordinates for Site H. The error did not 

result in any disposal taking place at 

any of the Coos Sites in locations not 

described in the rule preambles or in the 

SMMP. The error itself was not 

discovered until late April 2010. At all 

times, disposals of dredged material 

suitable for ocean disposal at the Coos 

Sites took place in the Sites as described 

in the preamble to the Final Rule, 71 FR 

27396 (May 11, 2006), and in the final 

SMMP for the Coos Sites. 

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BILLING CODE 6560–50–C 


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IV. What action is EPA taking? 

This action corrects the typographical 

error in EPA’s final rule, 71 FR 27396 

(May 11, 2006) to amend 40 CFR 228.15 

by revising paragraphs (n)(3) and (n)(4) 

to read as set forth in the regulatory text 

of this final rule. 

This correction is an administrative 

action which replaces the currently 

codified coordinates for Site F at 40 CFR 

228.15(n)(3) with the coordinates EPA 

inadvertently, through a typographical 

error, named 40 CFR 228.15(n)(4) at 71 

FR 27396, (May 11, 2006). This 

correction also restores the coordinates 

for Site H at 40 CFR 228.15(n)(4) which 

were overwritten through EPA’s 

typographical error. 

This correction does not require reconsultation under the Endangered 

Species Act (ESA), 16 U.S.C.1531 to 

1544, the Magnuson-Stevens Act (MSA), 

16 U.S.C. 1801 to 1891d, the Marine 

Mammal Protection Act of 1972 

(MMPA), 16 U.S.C. 1361 to 1389; the 

Coastal Zone Management Act (CZMA), 

16 U.S.C. 1451 to 1465; or the National 

Historic Preservation Act (NHPA), 16 

U.S.C. 470 to 470a–2. Consultations 

under each of those acts were completed 

at the time EPA published the final rule 

in the Federal Register in 2006. The 

National Environmental Policy Act of 

1969 (NEPA), 42 U.S.C. 4321 to 4370f, 

does not apply to EPA designations of 

ocean disposal sites under the MPRSA 

because the courts have exempted EPA’s 

actions under the MPRSA from the 

procedural requirements of NEPA 

through the functional equivalence 

doctrine. EPA’s action to correct the 

placement of coordinates in the Federal 

Register is not an action under EPA’s 

‘‘Notice of Policy and Procedures for 

Voluntary Preparation of NEPA 

Documents,’’ (Voluntary NEPA Policy), 

63 FR 58045, (October 29, 1998), 

requiring the preparation of an 

environmental review document. 

V. Statutory and Executive Order 

Review 

This rule corrects a typographical 

error by replacing the currently codified 

coordinates for Site F at 40 CFR 

228.15(n)(3) with the coordinates EPA 

inadvertently, through a typographical 

error, named 40 CFR 228.15(n)(4) at 71 

FR 27396, (May 11, 2006) and by 

restoring the coordinates for Site H at 40 

CFR 228.15(n)(4) which were 

overwritten through EPA’s 

typographical error. This action 

complies with applicable executive 

orders and statutory provisions as 

follows: 

A. Executive Order 12866 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under the Executive 

Order. 

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., because this 

rule does not establish or modify any 

information or recordkeeping 

requirements for the regulated 

community. 

C. Regulatory Flexibility 

The Regulatory Flexibility Act (RFA) 

generally requires Federal agencies 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 a 

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 

rule on small entities, small entity is 

defined as: (1) A small business defined 

by the Small Business Administration’s 

size 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. EPA determined 

that this action will not have a 

significant economic impact on small 

entities because the final rule will only 

have the effect of regulating the location 

of sites to be used for the disposal of 

dredged material in ocean waters. After 

considering the economic impacts of 

this final rule, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act (UMRA) of 1995, 2 U.S.C. 1531 to 

1538, for State, local, or tribal 

governments or the private sector. This 

action imposes no new enforceable duty 

on any State, local or tribal governments 

or the private sector. Therefore, this 

action is not subject to the requirements 

of sections 202 or 205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of the 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small government 

entities. Those entities are already 

subject to existing permitting 

requirements for the disposal of dredged 

material in ocean waters. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It does 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 various levels of 

government, as specified in Executive 

Order 13132. Thus, Executive Order 

13132 does not apply to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 because the correction of 

coordinates for Site F and the 

restoration of the appropriate 

coordinates for Site H will not have a 

direct effect on Indian Tribes, on the 

relationship between the federal 

government and Indian Tribes, or on the 

distribution of power and 

responsibilities between the federal 

government and Indian tribes. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885) as applying only to those 

regulatory actions that concern health or 

safety risks, such that the analysis 

required under section 5–501 of the 

Executive Order has the potential to 

influence the regulation. This action is 

not subject to Executive Order 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355) because it is not a ‘‘significant 

regulatory action’’ as defined under 

Executive Order 12866. 

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33712 Federal Register / Vol. 75, No. 114 / Tuesday, June 15, 2010 / Rules and Regulations 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

104–113, section 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., 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 

action 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 12898 (59 FR 7629) 

establishes federal executive policy on 

environmental justice. Its main 

provision directs federal agencies, to the 

greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

determined that this rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. 

K. Congressional Review Act 

The Congressional Review Act (CRA), 

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 the House of the 

Congress and to the Comptroller General 

of the United States. 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. 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). This rule 

will be effective sixty days from the date 

of publication in the Federal Register if 

no adverse comment is received. 

List of Subjects in 40 CFR Part 228 

Environmental protection, Water 

pollution control. 

Authority: This action is issued under the 

authority of Section 102 of the Marine 

Protection, Research, and Sanctuaries Act, 33 

U.S.C. 1401, 1411, 1412. 

Dated: June 3, 2010. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

■ For the reasons set out in the 

preamble, EPA amends chapter I, title 

40 of the Code of Federal Register as 

follows: 

PART 228—[AMENDED] 

■ 1. The authority citation for part 228 

continues to read as follows: 

Authority: 33 U.S.C. 1412 and 1418. 

■ 2. Section 228.15 is amended by 

revising paragraphs (n)(3) and (n)(4) to 

read as follows: 

§ 228.15 Dumping sites designated on a 

final basis. 

* * * * * 

(n) * * * 

(3) Coos Bay, OR Dredged Material Site 

F 

(i) Location: 43°22′54.8887′′ N., 

124°19′28.9905′′ W.; 43°21′32.8735′′ N., 

124°20′37.7373′′ W.; 43°22′51.4004′′ N., 

124°23′32.4318′′ W.; 43°23′58.4014′′ N., 

124°22′35.4308′′ W. (NAD 83). 

(ii) Size: 4.45 kilometers long and 2.45 

kilometers wide. 

(iii) Depth: Ranges from 6 to 51 

meters. 

(iv) Primary Use: Dredged material 

determined to be suitable for ocean 

disposal. 

(v) Period of Use: Continuing Use. 

(vi) Restriction: Disposal shall be 

limited to dredged material determined 

to be suitable for unconfined disposal; 

Disposal shall be managed by the 

restrictions and requirements contained 

in the currently-approved Site 

Management and Monitoring Plan 

(SMMP); Monitoring, as specified in the 

SMMP, is required. 

(4) Coos Bay, OR Dredged Material Site 

H 

(i) Location: 43°23′53′′ N., 124°22′48′′ 

W.; 43°23′42′′ N., 124°23′01′′ W.; 

43°24′16′′ N., 124°23′26′′ W.; 43°24′05′′ 

N., 124°23′38′′ W. 

(ii) Size: 0.13 square nautical mile. 

(iii) Depth: Averages 55 meters. 

(iv) Primary Use: Dredged material. 

(v) Period of Use: Continuing use. 

(vi) Restriction: Disposal shall be 

limited to dredged material in the Coos 

Bay area of type 2 and 3, as defined in 

the site designation final EIS. 

* * * * * 

[FR Doc. 2010–14242 Filed 6–14–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–HQ–RCRA–2005–0017; FRL–9160–9] 

RIN 2050–AG57 

Withdrawal of the EmissionComparable Fuel Exclusion Under 

RCRA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This final action withdraws 

the conditional exclusion from 

regulations promulgated on December 

19, 2008 under subtitle C of the 

Resource Conservation and Recovery 

Act (RCRA) for so-called Emission 

Comparable Fuel (ECF). These are fuels 

produced from hazardous secondary 

materials which, when burned in 

industrial boilers under specified 

conditions, generate emissions that are 

comparable to emissions from burning 

fuel oil in those boilers. EPA is 

withdrawing this conditional exclusion 

because the Agency has concluded that 

ECF is more appropriately classified as 

a discarded material and regulated as a 

hazardous waste. The exclusions for 

comparable fuel and synthesis gas fuel 

are not addressed or otherwise affected 

by this final rule. 

DATES: This final rule is effective June 

15, 2010. 

ADDRESSES: The official public docket is 

identified by Docket ID No. EPA–HQ– 

RCRA–2005–0017. All documents in the 

docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the RCRA Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

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