3592 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Notices 

information; and transmit or otherwise 

disclose the information. 

Respondents/Affected Entities: 

Entities potentially affected by this 

action are companies that manufacture, 

process, import, or distribute in 

commerce chemical substances or 

mixtures. 

Estimated No. of Potential Annual 

Respondents: 13,521. 

Frequency of Collection: On occasion. 

Estimated No. of Potential Annual 

Responses: 6,897. 

Estimated average number of 

responses for each respondent: 0.43. 

Estimated Total Annual Burden on 

Respondents: 23,536 hours. 

Estimated Total Annual Costs: 

$1,486,311. 

Changes in Burden Estimates: There 

is a decrease of 1,012 hours (from 

24,548 hours to 23,536 hours) in the 

total estimated annual respondent 

burden compared with that currently in 

the OMB inventory. This decrease 

primarily reflects EPA’s current estimate 

of the number of employees in affected 

respondent companies. Because the 

allegation rate is based on the number 

of employees, the decrease in the 

estimated number of employees results 

in a decrease in total allegations, and 

thus a reduction in burden. This change 

is an adjustment. 

Dated: January 13, 2009. 

John Moses, 

Acting Director, Collection Strategies 

Division. 

[FR Doc. E9–1144 Filed 1–16–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8765–3] 

Draft National Pollutant Discharge 

Elimination System (NPDES) General 

Permit for Discharges From Horse, 

Cattle and Dairy Concentrated Animal 

Feeding Operations (CAFOs) in New 

Mexico (Except Indian Country) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed permit 

issuance. 

SUMMARY: EPA Region 6 Water Quality 

Protection Division, today is proposing 

for public comment the issuance of a 

National Pollutant Discharge 

Elimination System general permit for 

discharges from eligible owners/ 

operators of existing concentrated 

animal feeding operations (CAFOs), in 

New Mexico, except those discharges on 

Indian Country. All currently operating 

animal feeding operations that are 

defined as CAFOs or designated as 

CAFOs by the permitting authority (See 

Part VII Definitions, ‘‘CAFOs’’) and that 

are subject to 40 CFR Part 412, Subparts 

A (Horses) and C (Dairy Cows and Cattle 

Other than Veal Calves) are eligible for 

coverage under this permit. Hereinafter, 

this NPDES general permit will be 

referred to as ‘‘permit’’ or ‘‘CAFO 

permit’’ or ‘‘CAFO general permit.’’ 

Eligible CAFOs may apply for 

authorization under the terms and 

conditions of this permit, by submitting 

a notice of intent (NOI) to be covered by 

this permit. 

This permit covers the types of animal 

feeding operations listed above which 

meet the definition of a CAFO and 

discharge or propose to discharge 

pollutants to waters of the United 

States. A CAFO proposes to discharge if 

it is designed, constructed, operated, or 

maintained such that a discharge will 

occur. 

DATES: Comments must be submitted in 

writing to EPA on or before February 20, 

2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. NMG010000 

by one of the following methods: 

• E-mail: smith.diane@epa.gov. 

• Mail: Ms. Diane Smith, 

Environmental Protection Agency, 

Water Quality Protection Division 

(6WQ–NP), 1445 Ross Ave., Suite 1200, 

Dallas, TX 75202. 

• Hand Delivery: EPA Region 6, 7th 

Floor Reception Desk, 1445 Ross Ave., 

Suite 1200, Dallas, TX 75202. Such 

deliveries are only accepted during 

normal business hours. 

Instructions: Direct your comments to 

Docket ID No. NMG010000. EPA’s 

policy is that all comments received 

will be included in the public docket 

without change and may be made 

available online, 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 e-mail. If you send an 

e-mail comment directly to EPA your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and may be 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 docket 

are listed in docket 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 or in hard copy from Ms. 

Diane Smith at the address above. The 

Docket may also be viewed at the EPA 

Region 6 Offices from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. For more information on 

scheduling a time to view the Docket or 

to obtain copies of available documents, 

please contact Ms. Diane Smith at 214– 

665–2145 or smith.diane@epa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Scott Stine, NPDES Permits and TMDL 

Branch (6WQ–PP), Environmental 

Protection Agency, 1445 Ross Ave., 

Suite 1200, Dallas, TX 75202; telephone 

number: (214) 665–7182; fax number: 

(214) 665–2191; e-mail address: 

stine.scott@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

Today’s CAFO general permit would 

potentially apply to the following 

activities: 

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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Notices 3593 

Category Examples of affected entities 

North American 

Industry Classification System 

(NAICS) codes 

Industry ........................ Operators of concentrated animal feeding operations subject to the following national effluent limitation guidelines: 

Horses and Sheep (40 CFR Part 412, Subpart A ................................................................................ ............................

Dairy Cows and Cattle Other than Veal Calves (40 CFR Part 412, Subpart C) .................................. 1121 

EPA does not intend the preceding 

table to be exhaustive, but provides it as 

a guide for readers regarding entities 

likely to be regulated by this action. 

This table lists the types of activities 

that EPA is now aware of that could 

potentially be affected by this action. 

Other types of entities not listed in the 

table could also be affected. To 

determine whether your facility is 

regulated by this action, you should 

carefully examine the definition of 

‘‘concentrated animal feeding 

operation’’ in existing EPA regulations 

at 40 CFR 122.23. (also found in Part VII 

of the draft permit). If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed for technical 

information in the preceding FOR

FURTHER INFORMATION CONTACT section. 

B. How Do I Obtain a Copy of the 

Proposed Permit? 

The proposed general permit and fact 

sheet which sets forth principal facts 

and the significant factual, legal, and 

policy questions considered in the 

development of the proposed general 

permit, may both be obtained via the 

Internet at http://www.epa.gov/region6/ 

water/npdes/cafo/index.htm. To obtain 

hard copies of these documents or any 

other information in the administrative 

record, please contact Ms. Diane Smith 

using the contact information provided 

above. 

C. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through via e-mail. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD– 

ROM that you mail to EPA, mark the 

outside of the disk or CD–ROM as CBI 

and then identify electronically within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Explain why you agree or disagree, 

suggest alternatives, and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

D. Public Hearings 

EPA has not scheduled any public 

hearings to receive public comment 

concerning the proposed permit. All 

persons will continue to have the right 

to provide written comments during the 

public comment period. However, 

interested persons may request a public 

hearing pursuant to 40 CFR 124.12 

concerning the proposed permit. 

Requests for a public hearing must be 

sent or delivered in writing to the same 

address as provided above for public 

comments prior to the close of the 

comment period. Requests for a public 

hearing must state the nature of the 

issues proposed to be raised in the 

hearing. Pursuant to 40 CFR 124.12, 

EPA shall hold a public hearing if it 

finds, on the basis of requests, a 

significant degree of public interest in a 

public hearing on the proposed permit. 

If EPA decides to hold a public hearing, 

a public notice of the date, time and 

place of the hearing will be made at 

least 30 days prior to the hearing. Any 

person may provide written or oral 

statements and data pertaining to the 

proposed permit at the public hearing. 

E. Permit Issuance 

After the close of the public comment 

period, EPA will develop a response to 

comments document and issue a permit. 

This permit will not be issued until after 

all public comments have been 

considered and appropriate changes 

made to the permit. EPA’s response to 

public comments received will be 

included in the docket as part of the 

permit decisions. Once the permit 

becomes effective, operators may seek 

authorization to discharge by filing a 

Notice of Intent (NOI) to be covered 

under the new CAFO permit in 

accordance with the terms and 

conditions of the permit. 

II. Background of Permit Proposal 

A. Statutory and Regulatory History 

The Clean Water Act (‘‘CWA’’) 

establishes a comprehensive program 

‘‘to restore and maintain the chemical, 

physical, and biological integrity of the 

Nation’s waters.’’ 33 U.S.C. 1251(a). The 

CWA also includes the objective of 

attaining ‘‘water quality which provides 

for the protection and propagation of 

fish, shellfish and wildlife.’’ 33 U.S.C. 

1251(a)(2)). To achieve these goals, the 

CWA requires EPA to control the 

discharges through the issuance of 

National Pollutant Discharge 

Elimination System (‘‘NPDES’’) permits. 

Section 301(a) of the Clean Water Act 

(CWA), 33 U.S.C. 1311(a), prohibits the 

discharge of pollutants to waters of the 

U.S. in the absence of authorizing 

permits, including NPDES permits. The 

CWA section 402, 33 U.S.C. 1342, 

authorizes EPA to issue NPDES permits 

allowing such discharges on condition 

that they in part will comply with 

requirements implementing CWA 

sections 301, 304, and 401 [33 U.S.C. 

1311, 1314, and 1341]. 

In February 2003, EPA issued revised 

Clean Water Act (CWA) permitting 

requirements and effluent limitations 

for CAFOs. The revised regulations 

expanded the number of CAFOs 

required to seek NPDES permit coverage 

and added requirements applicable to 

land application of manure by CAFOs. 

In February 2005, the Second Circuit 

Court of Appeals issued its decision in 

Waterkeeper Alliance et al. v. EPA 

regarding legal challenges to the 2003 

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3594 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Notices 

rule. Among other things, the court 

directed EPA to remove the requirement 

for all CAFOs to apply for NPDES 

permits, and to add requirements for 

Nutrient Management Plans (NMPs) to 

be submitted by CAFOs with their 

permit applications, reviewed by 

permitting authorities and the public, 

and the NMP terms incorporated into 

permits. EPA published a final 

regulation in the Federal Register on 

Novermber 20, 2008, revising national 

effluent limitation guidelines for 

discharges from CAFOs. See 73 FR 

70,418. Today’s proposed permit 

reflects these revised guidelines and 

other applicable NPDES permitting 

requirements at 40 CFR parts 122 and 

125. 

B. Summary of Permit Proposal 

EPA Region 6 is proposing to reissue 

General NPDES Permit No. NMG010000 

for discharges from concentrated animal 

feeding operations (CAFOs) in New 

Mexico (except Indian Country). This 

permit was originally issued in the 

Federal Register at 58 FR 7610 with an 

effective date of March 10, 1993, and an 

expiration date of March 10, 1998. 

Applicable requirements from that 1993 

permit are continued in the proposed 

permit. 

The proposed permit adds additional 

requirements contained in revised 

CAFO regulations at 40 CFR 122 and 

412 which were published in the 

Federal Register at 73 FR 70,418 

(November 20, 2008.) 

C. Significant Changes From Previous 

CAFO General Permit 

This proposed permit implements 

revised regulatory requirements from 

the 2003 and 2008 revisions to the 

regulations. The permit adds new 

requirements relating to NMPs for 

permitted CAFOs. CAFO operators were 

required to develop and implement 

NMPs under the 2003 rule; the 2008 

rule requires CAFOs to submit the 

NMPs along with their notice of intent 

(NOI). EPA Region 6 as the permitting 

authority will review the NMPs 

submitted along with the NOIs and will 

also establish the terms of the NMP that 

are enforceable elements of the permit. 

The region will provide the public with 

an opportunity for meaningful review 

and comment on the NMPs and the 

terms of the NMPs will be incorporated 

into the permit. 

Under the CWA, the Permitting 

Authority may issue general permits to 

regulate numerous facilities which have 

similar discharges and are subject to the 

same conditions and limitations within 

a specified geographic area (i.e., state or 

watershed) [40 CFR 122.28]. Using 

general permits conserves resources and 

reduces the paperwork burden 

associated with obtaining discharge 

authorization for the regulated 

community. 

D. Geographic Coverage 

The proposed permit would authorize 

discharges in the state of New Mexico, 

except those discharges that occur on 

Indian Country. CAFOs discharging on 

Indian Country would be required to 

apply for an individual permit. 

III. Compliance With the Regulatory 

Flexibility Act 

A. EPA’s Approach to Compliance With 

the Regulatory Flexibility Act for 

General Permits 

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 a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

The legal question of whether a 

general permit (as opposed to an 

individual permit) qualifies as a ‘‘rule’’ 

or as an ‘‘adjudication’’ under the 

Administrative Procedure Act (APA) 

has been the subject of periodic 

litigation. In a recent case, the court 

held that the CWA Section 404 

Nationwide general permit before the 

court did qualify as a ‘‘rule’’ and 

therefore that the issuance of that 

general permit needed to comply with 

the applicable legal requirements for the 

issuance of a ‘‘rule.’’ National Ass’n of 

Home Builders v. U.S. Army Corps of 

Engineers, 417 F.3d 1272, 1284–85 (DC 

Cir. 2005) (Army Corps general permits 

under Section 404 of the Clean Water 

Act are rules under the APA and the 

Regulatory Flexibility Act; ‘‘Each NWP 

[nationwide permit] easily fits within 

the APA’s definition ‘rule’. * * * As 

such, each NWP constitutes a rule 

* * * ’’). 

As EPA stated in 1998, ‘‘the Agency 

recognizes that the question of the 

applicability of the APA, and thus the 

RFA, to the issuance of a general permit 

is a difficult one, given the fact that a 

large number of dischargers may choose 

to use the general permit.’’ 63 FR 36489, 

36497 (July 6, 1998). At that time, EPA 

‘‘reviewed its previous NPDES general 

permitting actions and related 

statements in the Federal Register or 

elsewhere,’’ and stated that ‘‘[t]his 

review suggests that the Agency has 

generally treated NPDES general permits 

effectively as rules, though at times it 

has given contrary indications as to 

whether these actions are rules or 

permits.’’ Id. at 36496. Based on EPA’s 

further legal analysis of the issue, the 

Agency ‘‘concluded, as set forth in the 

proposal, that NPDES general permits 

are permits [i.e., adjudications] under 

the APA and thus not subject to APA 

rulemaking requirements or the RFA.’’ 

Id. Accordingly, the Agency stated that 

‘‘the APA’s rulemaking requirements are 

inapplicable to issuance of such 

permits,’’ and thus ‘‘NPDES permitting 

is not subject to the requirement to 

publish a general notice of proposed 

rulemaking under the APA or any other 

law * * * [and] it is not subject to the 

RFA.’’ Id. at 36497. 

However, the Agency went on to 

explain that, even though EPA had 

concluded that it was not legally 

required to do so, the Agency would 

voluntarily perform the RFA’s smallentity impact analysis. Id. EPA 

explained the strong public interest in 

the Agency following the RFA’s 

requirements on a voluntary basis: 

‘‘[The notice and comment] process also 

provides an opportunity for EPA to 

consider the potential impact of general 

permit terms on small entities and how 

to craft the permit to avoid any undue 

burden on small entities.’’ Id. 

Accordingly, with respect to the NPDES 

permit that EPA was addressing in that 

Federal Register notice, EPA stated that 

‘‘the Agency has considered and 

addressed the potential impact of the 

general permit on small entities in a 

manner that would meet the 

requirements of the RFA if it applied.’’ 

Id. 

Subsequent to EPA’s conclusion in 

1998 that general permits are 

adjudications rather than rules, as noted 

above, the DC Circuit recently held that 

nationwide general permits under 

section 404 are ‘‘rules’’ rather than 

‘‘adjudications.’’ Thus, this legal 

question remains ‘‘a difficult one’’ 

(supra). However, EPA continues to 

believe that there is a strong public 

policy interest in EPA applying the 

RFA’s framework and requirements to 

the Agency’s evaluation and 

consideration of the nature and extent of 

any economic impacts that a CWA 

general permit could have on small 

entities (e.g., small businesses). In this 

regard, EPA believes that the Agency’s 

evaluation of the potential economic 

impact that a general permit would have 

on small entities, consistent with the 

RFA framework discussed below, is 

relevant to, and an essential component 

of, the Agency’s assessment of whether 

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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Notices 3595 

a CWA general permit would place 

requirements on dischargers that are 

appropriate and reasonable. 

Furthermore, EPA believes that the 

RFA’s framework and requirements 

provide the Agency with the best 

approach for the Agency’s evaluation of 

the economic impact of general permits 

on small entities. While using the RFA 

framework to inform its assessment of 

whether permit requirements are 

appropriate and reasonable, EPA will 

also continue to ensure that all permits 

satisfy the requirements of the Clean 

Water Act. Accordingly, EPA has 

committed to operating in accordance 

with the RFA’s framework and 

requirements during the Agency’s 

issuance of CWA general permits (in 

other words, the Agency has committed 

that it will apply the RFA in its issuance 

of general permits as if those permits do 

qualify as ‘‘rules’’ that are subject to the 

RFA). 

B. Application of RFA Framework to 

Proposed Issuance of CAFO General 

Permit for New Mexico (Except Indian 

Country) 

EPA has determined, consistent with 

the discussion in section IV.B above, 

that the proposed issuance of today’s 

proposed permit would not affect a 

substantial number of small entities. 

Although general permits are 

considered to be adjudications and not 

rules and therefore not legally subject to 

the regulatory flexibility act, the Agency 

as a matter of policy is evaluating on an 

individual basis whether or not a 

specific general permit would have a 

significant economic impact on a 

substantial number of small entities. 

Upon considering EPA’s current 

guidance, entitled Final Guidance for 

EPA Rulewriters: Regulatory Flexibility 

Act as Amended by the Small Business 

Regulatory Enforcement and Fairness 

Act, EPA concludes that since this 

general permit affects less than 100 

small entities at any one time, EPA 

believes that it does not have a 

significant economic impact on a 

substantial number of small entities. 

Authority: Clean Water Act, 33 U.S.C. 1251 

et seq. 

Dated: January 13, 2009. 

Miguel I. Flores, 

Director, Water Quality Protection Division, 

EPA Region 6. 

[FR Doc. E9–1200 Filed 1–16–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–ORD–2008–0943; FRL–8763–6] 

Board of Scientific Counselors 

(BOSC), Executive Committee 

Meeting—February 9–10, 2009 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of meetings. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act, Public Law 

92–463, the Environmental Protection 

Agency, Office of Research and 

Development (ORD), gives notice of one 

meeting of the Board of Scientific 

Counselors (BOSC) Executive 

Committee. 

DATES: The meeting will be held on 

February 9, 2009, from 2 p.m. to 5:15 

p.m. EDT and continued on February 

10, 2009, from 8:30 a.m. to 3 p.m. EDT. 

The meeting may adjourn early if all 

business is finished. Requests for the 

draft agenda or for making oral 

presentations at the meeting will be 

accepted up to one business day before 

the meeting. 

ADDRESSES: The meeting will be held at 

the Marriott Courtyard Arlington Crystal 

City, 2899 Jefferson Davis Highway, 

Arlington, VA 22202. Submit your 

comments, identified by Docket ID No. 

EPA–HQ–ORD–2008–0943, by one of 

the following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Send comments by 

electronic mail (e-mail) to: 

ORD.Docket@epa.gov, Attention Docket 

ID No. EPA–HQ–ORD–2008–0943. 

• Fax: Fax comments to: (202) 566– 

0224, Attention Docket ID No. EPA– 

HQ–ORD–2008–0943. 

• Mail: Send comments by mail to: 

Board of Scientific Counselors (BOSC), 

Executive Committee Meeting—2008 

Docket, Mailcode: 28221T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, Attention Docket ID No. 

EPA–HQ–ORD–2008–0943. 

• Hand Delivery or Courier. Deliver 

comments to: EPA Docket Center (EPA/ 

DC), Room B102, EPA West Building, 

1301 Constitution Avenue, NW., 

Washington, DC, Attention Docket ID 

No. EPA–HQ–ORD–2008–0943. Note: 

this is not a mailing address. Such 

deliveries are only accepted during the 

docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–ORD–2008– 

0943. 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.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 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 Board of Scientific Counselors 

(BOSC), Executive Committee 

Meeting—February 9–10, 2009 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 ORD 

Docket is (202) 566–1752. 

FOR FURTHER INFORMATION CONTACT: The 

Designated Federal Officer via mail at: 

mstockstill on PROD1PC66 with NOTICES