Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations 27411

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42.U.S.C. 7401–7671q.

Subpart S—Kentucky

2. Section 52.920, is amended by

adding paragraph (c)(78) to read as

follows:

§ 52.920 Identification of plan.

* * * * *

(c) * * *

(78) Operating Permit requiring VOC

RACT for Calgon Corporation in the

Kentucky portion of the Ashland/

Huntington ozone nonattainment area,

submitted November 11, 1994.

(i) Incorporation by reference. Natural

Resources and Environmental

Protection Cabinet; Kentucky

Department for Environmental

Protection; Division for Air Quality;

Permit 0–94–020; Calgon Carbon

Corporation, effective on November 17,

1994.

(ii) Other material. Letter of November

23, 1994, from the Commonwealth of

Kentucky Natural Resources and

Environmental Protection Cabinet.

[FR Doc. 95–12617 Filed 5–23–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[MN30–1–6215a; FRL–5183–8]

Approval and Promulgation of

Implementation Plans; Minnesota

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: Minnesota submitted a

revision intended to simplify and

update the rules in its State

Implementation Plan (SIP). These

revisions included deleting regulations

that are redundant with Federal New

Source Performance Standards (NSPS)

regulations, removing odor regulations

and other similar regulations from the

SIP, and recodifying the regulations. In

the case of open burning, the State

requested removal of the regulations

from the SIP or, in the alternative,

replacing these regulations with statutes

that regulate open burning. USEPA is

replacing the open burning regulations

in the SIP with the new statutes and is

approving all other revisions requested

by the State.

EFFECTIVE DATE: This action will be

effective July 24, 1995 unless adverse or

critical comments are received by June

23, 1995. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should

be addressed to: William L. MacDowell,

Chief, Regulation Development Section,

Air Enforcement Branch (AE–17J),

United States Environmental Protection

Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the SIP revision request and

U.S. EPA’s analysis are available for

public inspection during normal

business hours at the following

addresses: United States Environmental

Protection Agency, Region 5, Air and

Radiation Division, 77 West Jackson

Boulevard (AE–17J), Chicago, Illinois

60604; and Jerry Kurtzweg (6102),

United States Environmental Protection

Agency, 401 M Street, SW., Washington,

DC 20460.

FOR FURTHER INFORMATION CONTACT: John

Summerhays, Air Enforcement Branch,

Regulation Development Section (AE–

17J), United States Environmental

Protection, Region 5, Chicago, Illinois

60604, (312) 886–6067.

SUPPLEMENTARY INFORMATION:

I. Review of State Submittal

On November 23, 1993, the Minnesota

Pollution Control Agency (MPCA)

submitted a request to (1) eliminate a

number of regulations that need not be

included in the Minnesota State

Implementation Plan (SIP), (2) recodify

the remaining regulations, and (3) make

miscellaneous other changes. Each of

these types of revisions are discussed in

separate sections below.

Elimination of Regulations

MPCA recommended elimination of

several categories of regulations from

the SIP. The category with the most

regulations recommended for

elimination are regulations that repeat

the requirements for new sources

established by the United States

Environmental Protection Agency

(USEPA) in various New Source

Performance Standards (NSPS). Some of

these regulations also govern emissions

from ‘‘existing sources,’’ i.e. sources that

existed before the effective date of or

otherwise not subject to a relevant

NSPS. Most of these regulations were

submitted in 1981. In its 1982

rulemaking on these regulations, USEPA

approved these regulations only for

‘‘existing sources,’’ reflecting concern

that these regulations would either be

unnecessary by virtue of being

redundant with Federal NSPS or be

detrimental by virtue of causing

uncertainty as to which of conflicting

State versus Federal provisions apply.

In this context, ‘‘existing sources’’

should be considered not only to

include sources that existed prior to the

effective date of the NSPS but also to

include sources that are newer but are

not subject to the NSPS due to size or

other reasons.

Minnesota’s submittal refines the list

of rules which, by USEPA’s approach,

should be removed from the SIP or

applied only to ‘‘existing sources.’’ In

the cases of regulations for portland

cement plants, asphalt concrete plants,

grain elevators, sulfuric acid plants, and

nitric acid plants, the State has specified

which portions of the relevant sets of

rules regulate new sources and which

portions regulate existing sources. In the

cases of regulations for lead smelters

and brass and bronze plants, there are

no existing brass or bronze plants and

the only existing lead smelter is subject

to a separate more stringent

administrative order in the SIP.

Therefore, the regulations apply only to

new sources and should be eliminated

from the SIP in their entirety. In the

cases of regulations for incinerators and

sewage sludge incinerators, MPCA does

not identify portions of the rules that

only apply to new sources but

comments that USEPA should state that

the SIP only includes these rules as they

apply to existing sources (which again

may include newly constructed sources

that are not subject to NSPS). USEPA

concurs with Minnesota’s list of which

of these rules should be removed from

the SIP, and is modifying the SIP

accordingly.

A second set of regulations

recommended for elimination concern

odors and acid/base fallout. MPCA’s

submittal states that these regulations

were not intended for purposes of

achieving air quality standards or other

Clean Air Act purposes and remain

unnecessary for such purposes.

Specifically, Minnesota requests on this

basis that USEPA delete the set of

regulations entitled Ambient Odor

Control, the set entitled Limits for

Animal Matter Odors, and the set

entitled Limits on Acid, Base Emissions.

These regulations were adopted around

1970 and were submitted and approved

as part of a package that included all

extant air pollution regulations. USEPA

concurs with Minnesota’s request and is

removing these regulations from the SIP.

A third set of regulations

recommended for elimination concern

indirect sources. These regulations

establish permitting requirements for

the facilities such as highways,

shopping malls, and airports that attract

motor vehicles and thus indirectly cause

mobile source emissions. These

regulations were submitted in 1981 and

approved by USEPA in 1982.
27412 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations

Nevertheless, section 110(a)(5)(A)(iii) of

the Clean Air Act (added in 1977) states

that ‘‘Any State may * * * suspend or

revoke any [indirect source review

program], provided the [implementation

plan] meets the requirements of [section

110].’’ Minnesota is maintaining these

regulations as State enforceable

requirements, and will continue to

implement indirect source review, but

the State is seeking to remove these

regulations from the federally

enforceable SIP. The SIP has been found

to meet the requirements of Section 110,

and so the criteria in section

110(a)(5)(A)(iii) for removal of the

indirect source regulations from

Minnesota’s SIP have been satisfied.

Consequently, USEPA is removing these

regulations from the SIP.

A final set of regulations

recommended for elimination concern

open burning. MPCA explained that the

Minnesota Legislature rescinded these

air pollution regulations and

incorporated similar restrictions into

legislation administered by the

Minnesota Department of Natural

Resources (DNR). MPCA argued that

particulate matter emitted from open

burning was not found to be significant

in the State’s development of plans to

address the nonattainment areas, and

argued that these regulations may be

considered to be nuisance regulations

rather than particulate matter

regulations. Nevertheless, MPCA’s

submittal states ‘‘If the EPA does not

approve the MPCA’s request to remove

the open burning program from the SIP,

then the MPCA requests that the

applicable portions of [the current

statute that addresses open burning] be

incorporated as part of Minnesota’s SIP

* * *.’’

Minnesota’s open burning regulations

generally prohibit open burning of

leaves and other vegetative material,

with exemptions for campfires and

cooking and exemptions for certain

types of burning which may be

conducted upon receipt of a permit.

Open burning causes emissions most

notably of particulate matter and also of

carbon monoxide, hydrocarbons, and air

toxicants. MPCA has not attempted to

analyze the ambient impact of

eliminating these restrictions. Available

evidence is limited but suggests that the

impacts of open burning can be

significant. Therefore, absent evidence

to the contrary, USEPA finds that open

burning should be retained as part of the

Minnesota SIP. USEPA further finds

that the alternative of revising the SIP

by replacing the old regulations with the

new statute is fully appropriate. The

statute provides essentially the same or

better air quality benefits insofar as it

provides for more effective

administration of similar restrictions.

This alternative would remove the open

burning program from ‘‘MPCA’s

regulatory program,’’ as requested by

MPCA. (This portion of the SIP would

be administered by the Minnesota DNR.)

Although Minnesota planned in any

case to continue the open burning

restrictions in force, this alternative

would retain these restrictions as part of

the Federal SIP, thereby retaining

Federal authority to object should the

State subsequently wish to end the

restrictions. Therefore, USEPA is

approving Minnesota’s alternative of

replacing MPCA regulations with State

statutes.

Recodification

MPCA requested that USEPA

renumber the rules in the SIP to be

consistent with the State’s current

numbering system. This renumbering

itself would not change any of the

substance of the requirements included

in these rules. USEPA approves this

renumbering, to make the SIP consistent

with current State rule numbering.

Other Revisions

The most significant other revisions

requested by MPCA concern the

definitions given in Rule 7005.0100. All

of the definitions requested by MPCA

are acceptable. However, rulemaking on

these revisions is complicated by the

interrelationship with other

rulemakings on Rule 7005.0100. In

USEPA’s rulemaking on a prior

recodification request (published March

23, 1993, at 58 FR 15433), USEPA chose

not to approve post-1985 revisions to

Rule 7005.0100 due to their significance

to permitting rules which were still

under review. Recent rulemaking on a

subsequent set of permitting rules

approved selected revisions to this rule.

Consequently, this submittal includes

only a small number of definitions that

differ from definitions that have already

been approved. Nevertheless, for

convenience, USEPA is approving the

full set of definitions in Rule 7005.0100

as submitted by MPCA. (Note that

Subpart 25a, defining ‘‘National

Emissions Standards for Hazardous Air

Pollutant,’’ was excluded from MPCA’s

submittal and is therefore excluded

from the approved SIP.)

A further significant revision

included in MPCA’s recodification

submittal is an enhancement of

requirements for sources to report

emissions. (These provisions do not

address the requirements in amended

section 114 of the Clean Air Act for

enhanced compliance monitoring.)

USEPA approves this revision, which

would replace Rule 7005.1870 (4) with

Rules 7019.3000 and 7019.3010.

Rulemaking Action

USEPA is making various revisions in

accordance with Minnesota’s request.

USEPA is recodifying the SIP to reflect

the new Minnesota rule numbering. In

addition, this action (1) replaces the

open burning regulations with the

current statutory provisions (rather than

removing the restrictions altogether), (2)

modifies the delineation of new source

limits that are excluded from the SIP, (3)

removes the odor regulations and

indirect source regulations from the SIP,

(4) incorporates the enhanced emission

reporting regulations, and (5) makes

various other minor revisions requested

by MPCA. The codification of this

rulemaking delineates the revised SIP.

The specific regulations that are revised

by this action are discussed in detail in

the technical support document for this

rulemaking.

This action is being taken without

prior proposal because the changes are

believed to be noncontroversial and

USEPA anticipates no significant

comments on them. This action will be

effective July 24, 1995 unless adverse or

critical comments are received by June

23, 1995.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. USEPA

shall consider each request for revision

to the SIP in light of specific technical,

economic, and environmental factors

and in relation to relevant statutory and

regulatory requirements.

This action has been classified as a

Table 3 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. The OMB has exempted

this regulatory action from Executive

Order 12866 review.

Under the Regulatory Flexibility Act,

5 U.S.C. § 600 et seq., USEPA must

prepare a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. (5 U.S.C.

§§ 603 and 604.) Alternatively, USEPA

may certify that the rule will not have

a significant impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the CAA do not

create any new requirements, but
Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations 27413

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP-approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

Federal-State relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The CAA

forbids USEPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. USEPA, 427 U.S.

246, 256–66 (S.Ct. 1976); 42 U.S.C.

section 7410(a)(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 [60 days from the

date of publication]. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for the purposes of judicial

review nor does it extend the time

within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, New source review, Nitrogen

dioxide, Ozone, Particulate matter,

Sulfur oxides, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

Minnesota was approved by the Director of

the Federal Register on July 1, 1982.

Dated: March 20, 1995.

David A. Ullrich,

Acting Regional Administrator.

Title 40 of the Code of Federal

Regulations, chapter I, part 52, is

amended as follows:

PART 52—APPROVAL AND

PROMULGATION OF

IMPLEMENTATION PLANS

1. The authority citation for Part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 52.1220 is amended by

adding paragraph (c)(40) to read as

follows:

§ 52.1220 Identification of plan.

* * * * *

(c) * * *

(40) On November 23, 1993, the State

of Minnesota requested recodification of

the regulations in its State

Implementation Plan, requested removal

of various regulations, and submitted

recodified regulations containing minor

revisions.

(i) Incorporation by reference.

(A) Minnesota regulations in Chapters

7005, 7007, 7009, 7011, 7017, 7019, and

7023, effective October 18, 1993.

(B) Submitted portions of Minnesota

Statutes Sections 17.135, 88.01, 88.02,

88.03, 88.16, 88.17, and 88.171, effective

1993.

3. Section 52.1222 is revised to read

as follows:

§ 52.1222 EPA-approved Minnesota State

regulations.

The following table identifies the

State regulations submitted to and

approved by EPA as revisions to the

Minnesota State Implementation Plan

(SIP). This table is for informational

purposes only and does not have any

independent regulatory effect. This table

also does not include administrative

orders that have been approved into the

SIP. To determine regulatory

requirements for a specific situation

consult the plan identified in § 52.1220.

To the extent that this table conflicts

with § 52.1220, § 52.1220 governs.

TABLE 52.1222.—EPA APPROVED REGULATIONS

Rule description Minnesota rule numbers Contents of SIP Effective

date

Relevant ¶s in

§ 52.1220 1

Definitions and Abbreviations ..... 7005.0100–.0110 ........................ Full rules except def’n of

NESHAP.

10/18/93 b,c20,c40.

Air Emission Permits ................... 7007.0050–.1850 ........................ Full rules ..................................... 8/10/93 b,c3,c5, c24,c26,c39.

Offsets ......................................... 7007.4000–.4030 ........................ Full rules ..................................... 10/18/93 c33.

Ambient Air Quality Standards ... 7009.0010–.0080 ........................ All except 7009.0030 and

7009.0040.

10/18/93 b,c3,c26.

Air Pollution Episodes ................. 7009.1000–.1110 ........................ Full rules ..................................... 10/18/93 c1,c21.

Applicability ................................. 7011.0010, .0020 ........................ Full rules ..................................... 10/18/93 b,c20

Opacity ........................................ 7011.0100–.0120 ........................ All except 7011.0120 .................. 10/18/93 b,c3,c20.

Fugitive Particulate ..................... 7011.0150 ................................... Full rules ..................................... 10/18/93 b.

Indirect Heating Equipment ........ 7011.0500–.0550 ........................ Full rules ..................................... 10/18/93 b,c3,c20,c21

Direct Heating Equipment ........... 7011.0600–.0620 ........................ Full rules ..................................... 10/18/93 c20,c21.

Industrial Process Equipment ..... 7011.0700–.0735 ........................ Full rules ..................................... 10/18/93 b,c20

Portland Cement Plants .............. 7011.0800–.0825 ........................ All except 7011.0810 .................. 10/18/93 c20,c40.

Asphalt Concrete Plants ............. 7011.0900–.0920 ........................ All except 7011.0910 .................. 10/18/93 c20,c40.

Grain Elevators ........................... 7011.1000–.1015 ........................ All except 7011.1005(2) ............. 10/18/93 c20,c25,c40.

Coal Handling Facilities .............. 7011.1100–.1140 ........................ All except 7011.1130 .................. 10/18/93 c21.

Incinerators ................................. 7011.1201–.1207 ........................ All rules for ‘‘existing sources’’ 2 . 10/18/93 b,c20,c40.

Sewage Sludge Incinerators ....... 7011.1300–.1325 ........................ All rules for ‘‘existing sources’’ ... 10/18/93 c20,c40

Petroleum Refineries .................. 7011.1400–.1430 ........................ All rules for ‘‘existing sources’’ ... 10/18/93 c20,c21.

Liquid Petroleum and VOC Storage Vessels.7011.1500–.1515 ........................ All rules for ‘‘existing sources’’ ... 10/18/93 b,c21.

Sulfuric Acid Plants ..................... 7011.1600–.1630 ........................ All except 7011.1610 .................. 10/18/93 b,c3,c21,c40

Nitric Acid Plants ......................... 7011.1700–.1725 ........................ All except 7011.1710 .................. 10/18/93 b,c3,c21,c40.

Inorganic Fibrous Materials ........ 7011.2100–.2105 ........................ All rules ....................................... 10/18/93 c20.

Stationary Internal Combustion

Engine.

7011.2300 ................................... Entire rule ................................... 10/18/93 b,c21.

CEMS .......................................... 7017.1000 ................................... Entire Rule .................................. 10/18/93 c20.

Performance Tests ...................... 7017.2000 ................................... Entire Rule .................................. 10/18/93 c20.

Notifications ................................. 7019.1000 ................................... Entire Rule .................................. 10/18/93 c20.

Reports ........................................ 7019.2000 ................................... Entire Rule .................................. 10/18/93 c20.

Emission Inventory ...................... 7019.3000, .3010 ........................ All rules ....................................... 10/18/93 c20,c40.
27414 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Rules and Regulations

TABLE 52.1222.—EPA APPROVED REGULATIONS—Continued

Rule description Minnesota rule numbers Contents of SIP Effective

date

Relevant ¶s in

§ 52.1220 1

Motor Vehicles ............................ 7023.0100–.0120 ........................ All rules ....................................... 10/18/93 b,c21.

Open Burning .............................. Portions of Chapter 17 and 88 of

MN Statutes.

All submitted portions of Sections 17.135, 88.01, 88.02,

88.03, 88.16, 88.17, and

88.171.

1993 b,c21,c26, c40.

1 Recodifications affect essentially all rules but are shown only for substantively revised rules.

2 ‘‘Existing’’ sources are sources other than those subject to a new source performance standard.

[FR Doc. 95–12619 Filed 5–23–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[PP 3F4233/R2134; FRL–4953–9]

RIN 2070–AB78

Bromoxynil; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes a

time-limited tolerance, to expire on

April 1, 1997, for residues of the

herbicide bromoxynil (3,5-dibromo-4-

hydroxybenzonitrile) resulting from the

application of its octanoic and

heptanoic acid esters in or on the raw

agricultural commodity (RAC)

cottonseed (transgenic BXN varieties

only) at 0.04 part per million (ppm).

Rhone-Poulenc AG Co. submitted

petitions requesting EPA to establish the

maximum permissible residue of the

herbicide in or on the RAC.

EFFECTIVE DATE: This regulation

becomes effective May 24, 1995.

ADDRESSES: Written objections,

identified by the document control

number, [PP 3F4233/R2134], may be

submitted to: Hearing Clerk (1900),

Environmental Protection Agency, Rm.

M3708, 401 M St., SW., Washington, DC

20460. A copy of any objections and

hearing requests filed with the Hearing

Clerk should be identified by the

document control number and

submitted to: Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

copy of objections and hearing requests

to: Rm. 1132, CM #2, 1921 Jefferson

Davis Hwy., Arlington, VA 22202. Fees

accompanying objections shall be

labeled ‘‘Tolerance Petition Fees’’ and

forwarded to: EPA Headquarters

Accounting Operations Branch, OPP

(Tolerance Fees), P.O. Box 360277M,

Pittsburgh, PA 15251.

A copy of objections and requests for

hearings filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies and

requests for hearings must be submitted

as an ASCII file avoiding the use of

special characters and any form of

encryption. Copies of objections and

requests for hearings will also be

accepted on disks in WordPerfect in 5.1

file format or ASCII file format. All

copies of objections and requests for

hearings in electronic form must be

identified by the docket number [PP

3F4233/R2134]. No Confidential

Business Information (CBI) should be

submitted through e-mail. Electronic

copies of objections and requests for

hearings on this rule may be filed online

at many Federal Depository Libraries.

Additional information on electronic

submissions can be found below in this

document.

FOR FURTHER INFORMATION CONTACT: By

mail: Robert Taylor, Product Manager

(PM) 25, Registration Division (7505C),

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm. 241, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202, (703)–305–6800;

e-mail: taylor.robert@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of March 29, 1995 (60

FR 16111), EPA issued a proposed rule

that gave notice that the Rhone-Poulenc

AG Co., P.O. Box 12014, 2 T.W.

Alexander Drive, Research Triangle

Park, NC 27709, had submitted a

pesticide petition, PP 3F4233, to EPA

proposing to amend 40 CFR 180.324 by

establishing a regulation to permit

residues of the herbicide bromoxynil

(3,5-dibromo-4-hydroxybenzonitrile)

resulting from the application of its

octanoic and heptanoic acid esters in or

on the raw agricultural commodity

(RAC) transgenic cottonseed at 0.04

ppm. There were no comments or

requests for referral to an advisory

committee received in response to the

notice of filing.

The tolerance will expire on April 1,

1997. Based upon the evaluation of a

mouse carcinogenicity study currently

under review and submission of an

analytical method, residue data, and

livestock metabolism study on the

metabolite, the Agency will determine

whether establishing permanent

tolerances is appropriate. Residues

remaining in or on the raw agricultural

commodity after expiration of this

tolerance will not be considered

actionable if the pesticide is legally

applied during the term of, and in

accordance with, the provisions of the

conditional registration.

There were no negative comments or

requests for referral to an advisory

committee received in response to the

proposed rule.

The data submitted with the proposal

and other relevant material have been

evaluated and discussed in the

proposed rule. Based on the data and

information considered, the Agency

concludes that the time-limited

tolerance will protect the public health.

Therefore, the time-limited tolerance is

established as set forth below.

Any person adversely affected by this

regulation may, within 30 days after

publication of this document in the

Federal Register, file written objections

and/or request a hearing with the

Hearing Clerk, at the address given

above (40 CFR 178.20). A copy of the

objections and/or hearing requests filed

with the Hearing Clerk should be

submitted to the OPP docket for this

rulemaking. The objections submitted

must specify the provisions of the

regulation deemed objectionable and the

grounds for the objections (40 CFR

178.25). Each objection must be

accompanied by the fee prescribed by

40 CFR 180.33(i). If a hearing is

requested, the objections must include a

statement of the factual issue(s) on

which a hearing is requested, the

requestor’s contentions on such issues,

and a summary of any evidence relied

upon by the objector (40 CFR 178.27). A

request for a hearing will be granted if

the Administrator determines that the

material submitted shows the following: