6352 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations 

governments as described in the 

Unfunded Mandates Reform Act of 1995 

(Public Law 104–4). This rule also does 

not require prior consultation with 

State, local, and tribal government 

officials as specified by Executive Order 

12875 (58 FR 58093, October 28, 1993) 

or Executive Order 13084 (64 FR 27655 

(May 10, 1998), or involve special 

consideration of environmental justice 

related issues as required by Executive 

Order 12898 (59 FR 7629, February 16, 

1994). Because this action is not subject 

to notice-and-comment requirements 

under the Administrative Procedure Act 

or any other statute, it is not subject to 

the regulatory flexibility provisions of 

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

601 et seq.). This rule also is not subject 

to Executive Order 13045 (62 FR 19885, 

April 23, 1997) because EPA interprets 

E.O. 13045 as applying only to those 

regulatory actions that are based on 

health or safety risks, such that the 

analysis required under section 5–501 of 

the Order has the potential to influence 

the regulation. This rule is not subject 

to E.O. 13045 because it does not 

establish an environmental standard 

intended to mitigate health or safety 

risks. EPA’s compliance with these 

statutes and Executive Orders for the 

underlying rule is discussed in the July 

1, 2004, Federal Register notice.

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 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 therefor, and established an 

effective date of February 7, 2005. 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 U.S.C. 804(2).

List of Subjects in 40 CFR Part 9

Environmental protection, Reporting 

and recordkeeping requirements.

Dated: January 28, 2005. 

Oscar Morales, 

Director, Collection Strategies Division, Office 

of Information Collection.

■ For the reasons set out in the preamble, 

40 CFR part 9 is amended as follows:

PART 9—[AMENDED]

■ 1. The authority citation for part 9 

continues to read as follows:

Authority: 7. U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345 (d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C 241, 242b, 

243, 246, 300f, 300f, 300g–1, 300g–2, 300g–

3, 300g–4, 300g–5, 300g–6, 300j–1, 300j–2, 

300j–3, 300j–4, 300j–9, 1857 et seq., 6901–

6002k, 7401–7671q, 7542, 9601–9657, 11023, 

11048.

■ 2. In § 9.1 the table is amended by 

adding a new entry to read as follows:

§ 9.1 OMB approvals under the Paperwork 

Reduction Act.

* * * * *

40 CFR citation OMB control 

No. 

* * * * * 

Determining Coformity of Federal Actions to 

State or Federal Implementation Plans 

Part 93, subpart A .................. 2060–0561 

* * * * * 

[FR Doc. 05–2306 Filed 2–4–05; 8:45 am] 

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R01–OAR–2004–ME–0003; A–1–FRL–7863–

2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Maine; 

Portable Fuel Containers

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maine. This 

revision establishes requirements to 

reduce volatile organic compound 

(VOC) emissions from portable fuel 

containers. The intended effect of this 

action is to approve these requirements 

into the Maine SIP. EPA is taking this 

action in accordance with the Clean Air 

Act (CAA).

DATES: This direct final rule will be 

effective April 8, 2005, unless EPA 

receives adverse comments by March 9, 

2005. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect.

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R01–OAR–

2004–ME–0003 by one of the following 

methods: 

1. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Agency Web site: http://

docket.epa.gov/rmepub/ Regional 

Material in EDocket (RME), EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: conroy.dave@epa.gov. 

4. Fax: (617) 918–0661. 

5. Mail: ‘‘RME ID Number R01–OAR–

2004–ME–003’’ David Conroy, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100 (mail code 

CAQ), Boston, MA 02114–2023. 

6. Hand Delivery or Courier. Deliver 

your comments to: David Conroy, Unit 

Manager, Air Quality Planning, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, 11th floor, (CAQ), 

Boston, MA 02114–2023. 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 

Regional Material in EDocket (RME) ID 

Number R01–OAR–2004–ME–0003. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

docket.epa.gov/rmepub/, 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 information that you 

consider to be CBI or otherwise 

protected through Regional Material in

Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations 6353

1Subsection 7(C) reads ‘‘Alternative methods that 

are shown to be accurate, precise and appropriate 

may be used upon written approval of the 

Department and/or EPA.’’ When submitting Chapter 

155 to EPA for approval into the SIP, Maine deleted 

‘‘/or’’ from this sentence.

2For example, EPA approved the portable fuel 

container rules adopted by New York and Maryland 

on January 23, 2004 (69 FR 3237), and June 29, 2004 

(69 FR 38848), respectively.

EDocket (RME), regulations.gov, or email. The EPA RME website and the 

federal regulations.gov website are 

‘‘anonymous access’’ systems, 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 e-mail comment directly 

to EPA without going through RME or 

regulations.gov, your e-mail 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 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

Regional Material in EDocket (RME) 

index at http://docket.epa.gov/rmepub/. 

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 RME or 

in hard copy at the Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact 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:

Anne Arnold, Air Quality Planning 

Unit, U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, One Congress Street, Suite 1100 

(CAQ), Boston, MA 02114–2023, (617) 

918–1047, arnold.anne@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information 

A. How Can I Get Copies of This 

Document and Other Related 

Information? 

In addition to the publicly available 

docket materials available for inspection 

electronically in Regional Material in 

EDocket, and the hard copy available at 

the Regional Office, which are identified 

in the ADDRESSES section above, copies 

of the State submittal and EPA’s 

technical support document are also 

available for public inspection during 

normal business hours, by appointment 

at the Bureau of Air Quality Control, 

Department of Environmental 

Protection, First Floor of the Tyson 

Building, Augusta Mental Health 

Institute Complex, Augusta, ME 04333–

0017. 

II. Rulemaking Information

This section is organized as follows: 

A. What Action is EPA Taking? 

B. What Are the Requirements of Maine’s 

New Regulation? 

C. Why Is EPA Approving Maine’s 

Regulation? 

D. What Is the Process for EPA To Approve 

This SIP Revision?

A. What Action Is EPA Taking? 

EPA is approving Maine’s Chapter 

155, ‘‘Portable Fuel Container Spillage 

Control,’’ and incorporating this 

regulation into the Maine SIP. 

B. What Are the Requirements of 

Maine’s New Regulation? 

Chapter 155 includes performance 

standards for portable fuel containers 

and spouts in order to ensure spill-proof 

systems. Chapter 155 prohibits any 

person to sell, supply, offer for sale, or 

manufacture for sale in Maine, on or 

after January 1, 2004, any portable fuel 

container or spout that does meet all of 

the specified performance standards. 

However, there is a one year sellthrough period whereby containers and 

spouts manufactured before January 1, 

2004 may be sold, supplied, or offered 

for sale until January 1, 2005. The rule 

also includes the appropriate testing 

and recordkeeping requirements to 

ensure compliance with the specified 

performance standards. 

C. Why Is EPA Approving Maine’s 

Regulation? 

EPA has evaluated Maine’s Chapter 

155 and has found that this regulation 

is consistent with EPA guidance and the 

OTC model rule for portable fuel 

containers. The specific requirements of 

the regulation and EPA’s evaluation of 

these requirements are detailed in a 

memorandum dated December 22, 2004, 

entitled ‘‘Technical Support 

Document—Maine—Portable Fuel 

Containers Regulation’’ (TSD). The TSD 

and Maine’s Chapter 155 are available 

in the docket supporting this action. 

As noted in the TSD, when Maine 

submitted this regulation for approval 

and incorporation by reference into the 

SIP, the state did not submit the word 

‘‘or’’ in subsection 7(C) of Chapter 155.1

In adopting Chapter 155, Maine was 

responding to a comment from EPA on 

this subsection in which EPA made it 

clear that any alternative test methods 

would have to be approved by both 

Maine DEP and EPA. DEP inadvertently 

used the formulation ‘‘and/or’’ to 

respond to EPA’s comment, despite the 

fact that it is DEP’s intent and 

commitment to EPA that any alternative 

test methods will have to be approved 

by both DEP and EPA Therefore, DEP 

deleted the word ‘‘or’’ from subsection 

7(C) when DEP submitted it to EPA for 

approval to clarify DEP’s intent in 

implementing this provision.

The OTC (Ozone Transport 

Commission) has developed model rules 

for several VOC source categories, and 

the OTC states, including Maine, have 

signed a memorandum of understanding 

(MOU) committing to adopt these model 

rules. One of the categories for which a 

model rule has been developed is 

portable fuel containers. (See ‘‘OTC 

Model Rule: Portable Fuel Container 

Spillage Control,’’ March 6, 2001.) 

The OTC model rule for portable fuel 

containers was based on a similar rule 

adopted by the California Air Resources 

Board (CARB). Compliance with CARB’s 

rule was due in January 2001. Several 

other OTC states have also recently 

adopted a portable fuel container rule 

based on the OTC model rule and EPA 

has already approved some of these 

states’ rules.2

D. What Is the Process for EPA To 

Approve This SIP Revision? 

The EPA is publishing this rule 

without prior proposal because the 

Agency views this as a noncontroversial 

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 comments be filed. This 

action will be effective April 8, 2005 

without further notice unless the EPA 

receives adverse comments by March 9, 

2005.

If the EPA receives such comments, 

then EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

6354 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period. 

Parties interested in commenting should 

do so at this time. If no such comments 

are received, the public is advised that 

this rule will be effective on April 8, 

2005 and no further action will be taken 

on the proposed rule. 

III. Final Action 

EPA is approving Maine’s Chapter 

155, ‘‘Portable Fuel Container Spillage 

Control,’’ and incorporating this 

regulation into the Maine SIP. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Public Law 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because 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 the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

approves a state rule implementing a 

federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. 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 impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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 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). 

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 April 8, 2005. 

Interested parties should comment in 

response to the proposed rule rather 

than petition for judicial review, unless 

the objection arises after the comment 

period allowed for in the proposal. 

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, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds.

Dated: January 12, 2005. 

Robert W. Varney, 

Regional Administrator, EPA New England.

■ Part 52 of 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 U—Maine

■ 2. Section 52.1020 is amended by 

adding paragraph (c)(53) to read as 

follows:

§ 52.1020 Identification of plan.

* * * * *

(c) * * * 

(53) Revisions to the State 

Implementation Plan submitted by the 

Maine Department of Environmental 

Protection on December 29, 2003, 

October 22, 2004, and December 9, 

2004. 

(i) Incorporation by reference. 

(A) Chapter 155 of the Maine 

Department of Environmental Protection 

Regulations, ‘‘Portable Fuel Container 

Spillage Control,’’ effective in the State 

of Maine on July 14, 2004, with the 

exception of the word ‘‘or’’ in 

Subsection 7C which Maine did not 

submit as part of the SIP revision. 

(ii) Additional materials. 

(A) Nonregulatory portions of the 

submittal. 

3. In § 52.1031, Table 52.1031 is 

amended by adding a new state citation, 

155, to read as follows:

§ 52.1031 EPA-approved Maine 

regulations.

* * * * *

Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations 6355

TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS

State citation Title/Subject 

Date 

adopted by 

State 

Date

approved 

by EPA 

Federal Register

citation 52.1020

* * * * * * * 

155 ............... Portable Fuel Container Spillage 

Control.

6/3/04 2/7/05 [Insert FR citation 

from published 

date].

(c)(53) All of Chapter 155 is approved with the 

exception of the word ‘‘or’’ in Subsection 7C which Maine did not submit 

as part of the SIP revision. 

* * * * * * * 

Note.—1. The regulations are effective statewide unless stated otherwise in comments section. 

[FR Doc. 05–2060 Filed 2–4–05; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63

[OAR–2003–0194; FRL–7869–7] 

RIN 2060–AL89

National Emission Standards for 

Hazardous Air Pollutants for Leather 

Finishing Operations

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule; amendments.

SUMMARY: The EPA is taking direct final 

action on amendments to the national 

emission standards for hazardous air 

pollutants (NESHAP) for leather 

finishing operations, which were issued 

on February 27, 2002, under section 112 

of the Clean Air Act (CAA). The direct 

final amendments clarify the frequency 

for categorizing leather product process 

types, modify the definition of 

‘‘specialty leather,’’ add a definition for 

‘‘vacuum mulling,’’ and add an 

alternative procedure for determining 

the actual monthly solvent loss from an 

affected source. We are issuing the 

amendments as a direct final rule, 

without prior proposal, because we 

view the revisions as noncontroversial 

and anticipate no significant adverse 

comments. However, in the Proposed 

Rules section of this Federal Register, 

we are publishing a separate document 

that will serve as the proposal to amend 

the national emission standards for 

leather finishing operations if 

significant adverse comments are filed.

DATES: The direct final rule is effective 

on February 28, 2005 without further 

notice, unless EPA receives adverse 

written comment by February 17, 2005 

or by February 22, 2005 if a public 

hearing is requested. If significant 

adverse comments are received, EPA 

will publish a timely withdrawal in the 

Federal Register indicating which 

provisions will become effective, and 

which provisions are being withdrawn 

due to adverse comment.

ADDRESSES: Submit your comments, 

identified by Docket ID No. OAR–2003–

0194, by one of the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http://

www.epa.gov/edocket. EDOCKET, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the on-line 

instructions for submitting comments. 

• E-mail: air-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: EPA Docket Center, EPA, 

Mailcode: 6102T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460. 

Please include a duplicate copy, if 

possible. 

• Hand Delivery: Air and Radiation 

Docket, EPA, 1301 Constitution Avenue, 

NW., Room B–108, Washington, DC 

20460. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

We request that a separate copy also 

be sent to the contact person listed 

below (see FOR FURTHER INFORMATION

CONTACT). 

Instructions: Direct your comments to 

Docket ID No. OAR–2003–0194. EPA’s 

policy is that all comments received 

will be included in the public docket 

without change and may be made 

available online at http://www.epa.gov/

edocket, 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 information that you 

consider to be CBI or otherwise 

protected through EDOCKET, 

regulations.gov, or e-mail. The EPA 

EDOCKET and the federal 

regulations.gov websites are 

‘‘anonymous access’’ systems, 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 e-mail comment directly 

to EPA without going through 

EDOCKET or 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 viruses. For additional information 

about EPA’s public docket visit 

EDOCKET on-line or see the Federal 

Register of May 31, 2002 (67 FR 38102). 

Docket: All documents in the docket 

are listed in the EDOCKET index at 

http://www.epa.gov/edocket. 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 EDOCKET or in 

hardcopy at the Air and Radiation 

Docket, EPA/DC, EPA West, Room 

B102, 1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

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

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Air Docket is (202) 566–1742.