68866
Federal
Register
/
Vol.
67,
No.
219
/
Wednesday,
November
13,
2002
/
Notices
3.
Provide
copies
of
any
technical
information
and/
or
data
you
used
that
support
your
views.
4.
If
you
estimate
potential
burden
or
costs,
explain
how
you
arrived
at
the
estimate
that
you
provide.
5.
Provide
specific
examples
to
illustrate
your
concerns.
6.
Offer
alternative
ways
to
improve
the
registration
activity.
7.
Make
sure
to
submit
your
comments
by
the
deadline
in
this
notice.
8.
To
ensure
proper
receipt
by
EPA,
be
sure
to
identify
the
docket
ID
number
assigned
to
this
action
in
the
subject
line
on
the
first
page
of
your
response.
You
may
also
provide
the
name,
date,
and
Federal
Register
citation.

II.
Registration
Applications
EPA
received
applications
as
follows
to
register
pesticide
products
containing
active
ingredients
not
included
in
any
previously
registered
products
pursuant
to
the
provision
of
section
3(
c)(
4)
of
FIFRA.
Notice
of
receipt
of
these
applications
does
not
imply
a
decision
by
the
Agency
on
the
applications.

Products
Containing
Active
Ingredients
not
Included
in
any
Previously
Registered
Products
1.
File
symbol:
71771
 
T.
Applicant:
Nichino
America,
Inc.,
4550
New
Linden
Hill
Road,
Wilmington,
DE
19808.
Product
name:
ET­
751
2.5%
EC
Herbicide.
Product
type:
Herbicide.
Active
ingredient:
Pyraflufen­
ethyl
(
ethyl
2­
chloro­
5­(
4­
chloro­
5­
difluoromethoxy­
1­
methylpyrazol­
3­
yl)­
4­
fluorophenoxyacetate)
at
2.5%.
Proposed
classification/
Use:
None.
For
use
on
terrestrial
non­
cropland
to
control
broadleaf
weeds.
2.
File
symbol:
71711
 
A.
Applicant:
Nichino
America,
Inc.
Product
name:
ET­
751
Technical.
Product
type:
Herbicide.
Active
ingredient:
Pyraflufenethyl
at
97.9%.
Proposed
classification/
Use:
None.
For
manufacturing
use
of
end­
use
products
to
be
used
to
control
certain
broadleaf
weeds
on
terrestrial
non­
cropland.
3.
File
symbol:
59639
 
RNO.
Applicant:
Valent
U.
S.
A.
Corporation,
1333
North
Carolina
Blvd.,
Suite
600,
P.
O.
Box
8025,
Walnut
Creek,
CA
94596
 
8025.
Product
name:
S­
3153
Flufenpyr­
ethyl
Technical.
Product
type:
Herbicide.
Active
ingredient:
Flufenpyr­
ethyl,
ethyl
[
2­
chloro­
4­
fluoro­
5­(
5­
methyl­
6­
oxo­
4­
trifluoromethyl­
1,6­
dihydropyridazin­
1­
yl)
phenoxy]
acetate
at
98.0%.
Proposed
classification/
Use:
None.
For
formulation
into
herbicide
products
to
control
postemergence
broadleaf
weed
species
in
field
corn,
forage;
field
corn,
grain;
field
corn,
stover;
soybean,
seed;
sugarcane.
4.
File
symbol:
59639
 
RRN.
Applicant:
Valent
U.
S.
A.
Corporation.
Product
name:
S­
3153
WDG
Herbicide.
Product
type:
Herbicide.
Active
ingredient:
Flufenpyr­
ethyl
at
57.6%.
Proposed
classification/
Use:
None.
For
manufacturing
use
of
end­
use
products
to
be
used
to
control
postemergence
broadleaf
weed
species
in
field
corn,
soybeans
and
sugarcane.
5.
File
symbol:
59639
 
RRR.
Applicant:
Valent
U.
S.
A.
Corporation.
Product
name:
S­
3153
Atrazine
WDG.
Product
type:
Herbicide.
Active
ingredient:
Flufenpyr­
ethyl
75.0%.
Proposed
classification/
Use:
None.
For
manufacturing
use
of
end­
use
products
to
be
used
to
control
postemergence
broadleaf
weed
species
in
field
corn
and
sugarcane.

List
of
Subjects
Environmental
protection,
Pesticides
and
pest.

Dated:
October
27,
2002.
Debra
Edwards,
Acting
Director,
Registration
Division,
Office
of
Pesticide
Programs.

[
FR
Doc.
02
 
28504
Filed
11
 
12
 
02;
8:
45am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP
 
2002
 
0285;
FRL
 
7278
 
1]

Draft
Guidance
on
How
to
Comply
with
Data
Citation
Regulations;
Notice
of
Availability
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
This
notice
announces
the
availability
of
draft
guidance
on
how
to
comply
with
the
Agency's
data
citation
requirements
for
registration
of
new
pesticide
products
under
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act.
When
applicants
do
not
fully
comply
with
the
data
citation
regulations,
the
result
can
be
significant
delays
in
the
processing
of
registration
applications,
the
potential
for
an
increase
in
adversarial
petitions
being
submitted
to
the
Agency
by
data
submitters,
and
increased
expenditures
of
resources
for
all
involved,
the
Agency,
applicants,
and
data
submitters.
EPA
believes
that
the
guidance
provided
through
the
notice
will
assist
applicants
comply
with
the
data
citation
requirements
and
ultimately
result
in
fewer
delays
in
the
registration
process.
DATES:
Comments,
identified
by
docket
ID
number
OPP
 
2002
 
0285,
must
be
received
on
or
before
December
13,
2002.

ADDRESSES:
Comments
may
be
submitted
electronically,
by
mail,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
I.
of
the
SUPPLEMENTARY
INFORMATION.

FOR
FURTHER
INFORMATION
CONTACT:
Peter
Caulkins,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
305
 
5447;
fax
number:
(
703)
305
 
6920;
e­
mail
address:
caulkins.
peter@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?

You
may
be
potentially
affected
by
this
action
if
you
submit
applications
for
registration
of
pesticides
pursuant
to
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA),
or
if
you
submit
data
to
the
Agency
in
support
of
registration
or
reregistration
under
FIFRA.
Potentially
affected
entities
may
include,
but
are
not
limited
to:
Pesticide
Manufacturing
(
NAICS
32532)
This
listing
is
not
intended
to
be
exhaustive,
but
rather
provides
a
guide
for
readers
regarding
entities
likely
to
be
affected
by
this
action.
Other
types
of
entities
not
listed
in
this
unit
could
also
be
affected.
The
North
American
Industrial
Classification
System
(
NAICS)
codes
have
been
provided
to
assist
you
and
others
in
determining
whether
this
action
might
apply
to
certain
entities.
If
you
have
any
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
the
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

B.
How
Can
I
Get
Copies
of
this
Document
and
Other
Related
Information?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
docket
identification
(
ID)
number
OPP
 
2002
 
0285.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although,
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
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Federal
Register
/
Vol.
67,
No.
219
/
Wednesday,
November
13,
2002
/
Notices
is
available
for
public
viewing
at
the
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
This
docket
facility
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
telephone
number
is
(
703)
305
 
5805.
2.
Electronic
access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr/.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.
Certain
types
of
information
will
not
be
placed
in
the
EPA
Dockets.
Information
claimed
as
CBI
and
other
information
whose
disclosure
is
restricted
by
statute,
which
is
not
included
in
the
official
public
docket,
will
not
be
available
for
public
viewing
in
EPA's
electronic
public
docket.
EPA's
policy
is
that
copyrighted
material
will
not
be
placed
in
EPA's
electronic
public
docket,
but
will
be
available
only
in
printed,
paper
form
in
the
official
public
docket.
To
the
extent
feasible,
publicly
available
docket
materials
will
be
made
available
in
EPA's
electronic
public
docket.
When
a
document
is
selected
from
the
index
list
in
EPA
Dockets,
the
system
will
identify
whether
the
document
is
available
for
viewing
in
EPA's
electronic
public
docket.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
EPA
intends
to
work
towards
providing
electronic
access
to
all
of
the
publicly
available
docket
materials
through
EPA's
electronic
public
docket.
For
public
commenters,
it
is
important
to
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
on
paper,
will
be
made
available
for
public
viewing
in
EPA's
electronic
public
docket
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EPA's
electronic
public
docket.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Public
comments
submitted
on
computer
disks
that
are
mailed
or
delivered
to
the
docket
will
be
transferred
to
EPA's
electronic
public
docket.
Public
comments
that
are
mailed
or
delivered
to
the
docket
will
be
scanned
and
placed
in
EPA's
electronic
public
docket.
Where
practical,
physical
objects
will
be
photographed,
and
the
photograph
will
be
placed
in
EPA's
electronic
public
docket
along
with
a
brief
description
written
by
the
docket
staff.

C.
How
and
To
Whom
Do
I
Submit
Comments?
You
may
submit
comments
electronically,
by
mail,
or
through
hand
delivery/
courier.
To
ensure
proper
receipt
by
EPA,
identify
the
appropriate
docket
ID
number
in
the
subject
line
on
the
first
page
of
your
comment.
Please
ensure
that
your
comments
are
submitted
within
the
specified
comment
period.
Comments
received
after
the
close
of
the
comment
period
will
be
marked
``
late.''
EPA
is
not
required
to
consider
these
late
comments.
If
you
wish
to
submit
CBI
or
information
that
is
otherwise
protected
by
statute,
please
follow
the
instructions
in
Unit
I.
D.
Do
not
use
EPA
Dockets
or
e­
mail
to
submit
CBI
or
information
protected
by
statute.
1.
Electronically.
If
you
submit
an
electronic
comment
as
prescribed
in
this
unit,
EPA
recommends
that
you
include
your
name,
mailing
address,
and
an
email
address
or
other
contact
information
in
the
body
of
your
comment.
Also
include
this
contact
information
on
the
outside
of
any
disk
or
CD
ROM
you
submit,
and
in
any
cover
letter
accompanying
the
disk
or
CD
ROM.
This
ensures
that
you
can
be
identified
as
the
submitter
of
the
comment
and
allows
EPA
to
contact
you
in
case
EPA
cannot
read
your
comment
due
to
technical
difficulties
or
needs
further
information
on
the
substance
of
your
comment.
EPA's
policy
is
that
EPA
will
not
edit
your
comment,
and
any
identifying
or
contact
information
provided
in
the
body
of
a
comment
will
be
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
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.
i.
EPA
Dockets.
Your
use
of
EPA's
electronic
public
docket
to
submit
comments
to
EPA
electronically
is
EPA's
preferred
method
for
receiving
comments.
Go
directly
to
EPA
Dockets
at
http://
www.
epa.
gov/
edocket,
and
follow
the
online
instructions
for
submitting
comments.
Once
in
the
system,
select
``
search,''
and
then
key
in
docket
ID
number
OPP
 
2002
 
0285.
The
system
is
an
``
anonymous
access''
system,
which
means
EPA
will
not
know
your
identity,
e­
mail
address,
or
other
contact
information
unless
you
provide
it
in
the
body
of
your
comment.
ii.
E­
mail.
Comments
may
be
sent
by
e­
mail
to
opp­
docket@
epa.
gov,
Attention:
Docket
ID
Number
OPP
 
2002
 
0285.
In
contrast
to
EPA's
electronic
public
docket,
EPA's
e­
mail
system
is
not
an
``
anonymous
access''
system.
If
you
send
an
e­
mail
comment
directly
to
the
docket
without
going
through
EPA's
electronic
public
docket,
EPA's
e­
mail
system
automatically
captures
your
e­
mail
address.
E­
mail
addresses
that
are
automatically
captured
by
EPA's
e­
mail
system
are
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
iii.
Disk
or
CD
ROM.
You
may
submit
comments
on
a
disk
or
CD
ROM
that
you
mail
to
the
mailing
address
identified
in
Unit
I.
C.
2.
These
electronic
submissions
will
be
accepted
in
WordPerfect
or
ASCII
file
format.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.
2.
By
mail.
Send
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency
(
7502C),
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001,
Attention:
Docket
ID
Number
OPP
 
2002
 
0285.
3.
By
hand
delivery
or
courier.
Deliver
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.,
Attention:
Docket
ID
Number
OPP
 
2002
 
0285.
Such
deliveries
are
only
accepted
during
the
docket's
normal
hours
of
operation
as
identified
in
Unit
I.
A.
1.

D.
How
Should
I
Submit
CBI
to
the
Agency?
Do
not
submit
information
that
you
consider
to
be
CBI
electronically
through
EPA's
electronic
public
docket
or
by
e­
mail.
You
may
claim
information
that
you
submit
to
EPA
as
CBI
by
marking
any
part
or
all
of
that
information
as
CBI
(
if
you
submit
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
as
CBI
and
then
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Federal
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/
Vol.
67,
No.
219
/
Wednesday,
November
13,
2002
/
Notices
identify
electronically
within
the
disk
or
CD
ROM
the
specific
information
that
is
CBI).
Information
so
marked
will
not
be
disclosed
except
in
accordance
with
procedures
set
forth
in
40
CFR
part
2.
In
addition,
one
complete
version
of
the
comment
that
includes
any
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
and
EPA's
electronic
public
docket.
If
you
submit
the
copy
that
does
not
contain
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
clearly
that
it
does
not
contain
CBI.
Information
not
marked
as
CBI
will
be
included
in
the
public
docket
and
EPA's
electronic
public
docket
without
prior
notice.
If
you
have
any
questions
about
CBI
or
the
procedures
for
claiming
CBI,
please
consult
the
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

E.
What
Should
I
Consider
as
I
Prepare
My
Comments
for
EPA?

You
may
find
the
following
suggestions
helpful
for
preparing
your
comments:
1.
Explain
your
views
as
clearly
as
possible.
2.
Describe
any
assumptions
that
you
used.
3.
Provide
any
technical
information
and/
or
data
you
used
that
support
your
views.
4.
If
you
estimate
potential
burden
or
costs,
explain
how
you
arrived
at
your
estimate.
5.
Provide
specific
examples
to
illustrate
your
concerns.
6.
Offer
alternatives.
7.
Make
sure
to
submit
your
comments
by
the
comment
period
deadline
identified.
8.
To
ensure
proper
receipt
by
EPA,
identify
the
appropriate
docket
ID
number
in
the
subject
line
on
the
first
page
of
your
response.
It
would
also
be
helpful
if
you
provided
the
name,
date,
and
Federal
Register
citation
related
to
your
comments.

II.
What
Action
is
the
Agency
Taking?

Applicants
who
choose
to
rely
on
data
citation,
rather
than
submitting
their
own
data
to
meet
EPA
data
requirements,
must
assure
that
the
offerto
pay
letters
they
provide
to
data
submitters
satisfy
EPA's
regulatory
requirements
as
provided
in
40
CFR
part
152,
subpart
E.
When
applicants
do
not
follow
these
procedures,
delays
in
the
processing
of
registration
applications
result.
In
addition,
improper
offer­
topay
letters
can
increase
the
potential
for
adversarial
petition
actions
brought
under
40
CFR
152.99.
When
applicants
do
not
comply
with
data
citation
requirements,
EPA,
data
submitters,
and
applicants
expend,
unnecessarily,
significant
resources
during
the
application
process.
In
an
effort
to
avoid
needless
disputes
and
save
the
resources
of
all
concerned,
the
Agency
believes
it
would
be
helpful
to
clarify
the
obligations
of
data
citers.
By
providing
this
guidance,
the
Agency
hopes
to
streamline
the
registration
process,
provide
assistance
to
applicants
for
pesticide
registration,
and
to
help
data
submitters
preserve
their
data
protection
rights.
The
draft
Pesticide
Registration
Notice
does
not
address
the
issue
of
when
offers­
to­
pay
must
be
made
or
when
documentation
demonstrating
that
offers­
to­
pay
have
been
made
must
be
submitted
to
the
Agency.
EPA
expects
to
issue
guidance
on
this
related
matter
through
a
separate
means.
In
addition,
the
Agency
will
soon
make
available
to
the
public
several
letters
that
have
been
issued
recently
regarding
data
compensation
matters.
These
letters
provide
useful
guidance
to
the
regulated
community
and
the
general
public,
including
persons
who
prepare
applications
for
registration
and
those
who
submit
data
in
support
of
registration
actions.
The
Agency
intends
to
announce
the
availability
of
these
letters
through
a
separate
notice
in
the
Federal
Register.

List
of
Subjects
Environmental
protection,
Administrative
practice
and
procedures,
Pesticides
and
pests.

Dated:
November
1,
2002.
Marcia
E.
Mulkey,
Director,
Office
of
Pesticide
Programs.
[
FR
Doc.
02
 
28693
Filed
11
 
12
 
02;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
[
FRL
 
7407
 
8]

Proposed
Administrative
Settlement
Under
the
Comprehensive
Environmental
Response,
Compensation
and
Liability
Act;
Nazcon
Concrete
Superfund
Site
AGENCY:
Environmental
Protection
Agency.
ACTION:
Notice;
request
for
public
comment.

SUMMARY:
In
accordance
with
section
122(
i)(
1)
of
CERCLA,
42
U.
S.
C.
9622(
i)(
1),
notice
is
hereby
given
of
a
proposed
administrative
settlement
concerning
the
Nazcon
Concrete
Superfund
Site,
Beltsville,
Prince
George's
County,
Maryland.
The
administrative
settlement
was
signed
by
the
Acting
Regional
Administrator
of
the
United
States
Environmental
Protection
Agency
(
EPA),
Region
III,
on
October
31,
2002,
and
is
subject
to
review
by
the
public
pursuant
to
this
document.
The
Environmental
Protection
Agency
is
proposing
to
enter
into
a
settlement
pursuant
to
section
122(
h)
of
the
Comprehensive
Environmental
Response,
Compensation
and
Liability
Act
of
1980,
as
amended
(
CERCLA),
42
U.
S.
C.
9622(
h).
The
proposed
settlement
resolves
EPA's
claim
for
past
response
costs
under
section
107
of
CERCLA,
42
U.
S.
C.
9607
against
NAZCON,
Inc.
for
response
costs
incurred
at
the
Nazcon
Concrete
Superfund
Site,
Beltsville,
Prince
George's
County,
Maryland.
The
proposed
settlement
requires
NAZCON,
Inc.
to
pay
$
15,000
to
the
EPA
Hazardous
Substance
Fund.
NAZCON,
Inc.,
as
the
Settling
Party,
has
executed
binding
certifications
of
its
consent
to
participate
in
this
settlement.
NAZCON,
Inc.
has
agreed
to
pay
$
15,000
subject
to
the
contingency
that
EPA
may
elect
not
to
complete
the
settlement
based
on
matters
brought
to
its
attention
during
the
public
comment
period
established
by
this
notice.
For
thirty
(
30)
days
following
the
date
of
publication
of
this
notice,
EPA
will
receive
written
comments
relating
to
the
proposed
settlement.
EPA
will
consider
all
comments
received
and
may
withdraw
or
withhold
consent
to
the
proposed
settlement
if
such
comments
disclose
facts
or
considerations
which
indicate
that
the
proposed
settlement
is
inappropriate,
improper,
or
inadequate.

DATES:
Comments
must
be
submitted
on
or
before
December
12,
2002.

ADDRESSES:
Comments
should
be
addressed
to
the
Docket
Clerk,
United
States
Environmental
Protection
Agency,
Region
III,
1650
Arch
Street,
Philadelphia,
Pennsylvania,
19103,
and
should
reference
the
Nazcon
Concrete
Superfund
Site,
Beltsville,
Maryland,
U.
S.
EPA
Docket
No.
CERCLA
03
 
2002
 
0255
 
DC.
The
proposed
settlement
agreement
is
available
for
public
inspection
at
the
United
States
Environmental
Protection
Agency,
Region
III,
1650
Arch
Street,
Philadelphia,
Pennsylvania,
19103.
A
copy
of
the
proposed
settlement
agreement
can
be
obtained
from
Suzanne
Canning,
Regional
Docket
Clerk
(
3RC00),
United
States
Environmental
Protection
Agency,
Region
III,
1650
Arch
Street,
Philadelphia,
Pennsylvania,
19103,
telephone
number
(
215)
814
 
2476.

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15:
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