81 FR 70968 - Air Plan Approval; NC Infrastructure Requirements for the 2010 1-hour NO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 199 (October 14, 2016)
Federal Register Volume 81, Issue 199 (October 14, 2016)
| Page Range | 70968-70970 | |
| FR Document | 2016-24778 |
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)] [Rules and Regulations] [Pages 70968-70970] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24778] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0362; FRL-9954-09-Region 4] Air Plan Approval; NC Infrastructure Requirements for the 2010 1- hour NO2 NAAQS AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve the State Implementation Plan (SIP) submission, submitted by the State of North Carolina, through the North Carolina Department of Environmental Quality, Division of Air Quality (NCDAQ) on August 23, 2013, to demonstrate that the State meets certain infrastructure requirements of the Clean Air Act (CAA or Act) for the 2010 1-hour nitrogen dioxide (NO2 ) national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. NCDAQ certified that the North Carolina SIP contains provisions that ensure the 2010 1-hour NO2 NAAQS is implemented, enforced, and maintained in North Carolina. EPA has determined that North Carolina's infrastructure SIP submission, provided to EPA on August 23, 2013, satisfies certain required infrastructure elements for the 2010 1-hour NO2 NAAQS. DATES: This rule is effective November 14, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0362. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information 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 through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person 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 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-8726. Mr. Richard Wong can also be reached via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background and Overview On January 22, 2010 (published at 75 FR 6474, February 9, 2010), EPA promulgated a new 1-hour primary NAAQS for NO2 at a level of 100 parts per billion (ppb), based on a 3-year average of the 98th percentile of the yearly distribution of 1-hour daily maximum concentrations. Pursuant to section 110(a)(1) of the CAA, states are required to submit SIPs meeting the requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. States were required to submit such SIPs for the 2010 NO2 NAAQS to EPA no later than January 22, 2013. In a proposed rulemaking published on July 20, 2016 (81 FR 47115), EPA proposed to approve North Carolina's 2010 1-hour NO2 NAAQS infrastructure SIP submission submitted on August 23, 2013, with the exception of the elements related to state boards of section 110(a)(2)(E)(ii), the PSD permitting requirements for major sources of sections 110(a)(2)(C), and (J), and the interstate requirements of 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4). On November 13, 2015, EPA approved North Carolina's August 23, 2013, infrastructure SIP submission regarding the state boards requirements of sections 110(a)(2)(E)(ii). See 80 FR 67645. On May 10, 2016 (81 FR 28797), EPA proposed to approve in part and disapprove in part, North Carolina's December 4, 2015, infrastructure SIP submission regarding the PSD permitting requirements for major sources of sections 110(a)(2)(C), prong 3 of D(i) and (J) for the 2012 Annual PM2.5 NAAQS. Today EPA is not taking final action pertaining to sections 110(a)(2)(C), prong 3 of D(i) and (J) for North Carolina for the 2010 1-hour NO2 NAAQS but instead will consider final action of these elements in a separate rulemaking. Additionally, on June 3, 2016, EPA finalized a rule related to the prong 4 element of North Carolina's August 23, 2013, SIP submission for the 2010 1-hour NO2 NAAQS. See 81 FR 35634. With respect to the interstate transport requirements of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), North Carolina provided a separate submission and EPA is considering action related to these provisions through a separate rulemaking. The details of North Carolina's submission and the rationale for EPA's actions for this final rulemaking are explained in the July 20, 2016, proposed rulemaking. Comments on the proposed rulemaking were due on or before August 19, 2016. EPA received no adverse comments on the proposed action. II. Final Action With the exception of the elements related to state boards of section 110(a)(2)(E)(ii), the PSD permitting requirements for major sources of sections 110(a)(2)(C), and (J), and the interstate requirements of 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4), EPA is taking final action to approve North Carolina's infrastructure SIP submission for the 2010 1-hour NO2 NAAQS submitted on August 23, 2013. EPA is taking final action to approve North Carolina's infrastructure SIP submission for the 2010 1-hour NO2 NAAQS because the submission is consistent with section 110 of the CAA. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: [[Page 70969]]Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. 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 action 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 13, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: October 3, 2016. Heather McTeer Toney Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart II--North Carolina 0 2. Section 52.1770(e), is amended by adding an entry for ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO 2 NAAQS'' at the end of the table to read as follows: Sec. 52.1770 Identification of plan. * * * * * (e) * * * EPA-Approved North Carolina Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State effective EPA approval Federal Register Provision date date citation Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure August 23, 2013.... 10/14/16 [Insert citation of With the exception Requirements for the 2010 1- publication]. of sections: hour NO2 NAAQS. 110(a)(2)(E)(ii) concerning state boards; 110(a)(2)(C) and (J) concerning PSD permitting requirements; and 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) concerning interstate transport requirements. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-24778 Filed 10-13-16; 8:45 am] BILLING CODE 6560-50-P
![70968 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations
* * * * * Air Planning and Implementation EPA proposed to approve in part and
[FR Doc. 2016–24779 Filed 10–13–16; 8:45 am] Branch, Air, Pesticides and Toxics disapprove in part, North Carolina’s
BILLING CODE 6560–50–P Management Division, U.S. December 4, 2015, infrastructure SIP
Environmental Protection Agency, submission regarding the PSD
Region 4, 61 Forsyth Street SW., permitting requirements for major
ENVIRONMENTAL PROTECTION Atlanta, Georgia 30303–8960. EPA sources of sections 110(a)(2)(C), prong 3
AGENCY requests that if at all possible, you of D(i) and (J) for the 2012 Annual PM2.5
contact the person listed in the FOR NAAQS. Today EPA is not taking final
40 CFR Part 52 FURTHER INFORMATION CONTACT section to action pertaining to sections
[EPA–R04–OAR–2015–0362; FRL–9954–09- schedule your inspection. The Regional 110(a)(2)(C), prong 3 of D(i) and (J) for
Region 4] Office’s official hours of business are North Carolina for the 2010 1-hour NO2
Monday through Friday 8:30 a.m. to NAAQS but instead will consider final
Air Plan Approval; NC Infrastructure 4:30 p.m., excluding Federal holidays. action of these elements in a separate
Requirements for the 2010 1-hour NO2 rulemaking. Additionally, on June 3,
FOR FURTHER INFORMATION CONTACT:
NAAQS 2016, EPA finalized a rule related to the
Richard Wong, Air Regulatory
AGENCY: Environmental Protection Management Section, Air Planning and prong 4 element of North Carolina’s
Agency. Implementation Branch, Pesticides and August 23, 2013, SIP submission for the
ACTION: Final rule. Toxics Management Division, Region 4, 2010 1-hour NO2 NAAQS. See 81 FR
U.S. Environmental Protection Agency, 35634. With respect to the interstate
SUMMARY: The Environmental Protection 61 Forsyth Street SW., Atlanta, Georgia transport requirements of section
Agency (EPA) is taking final action to 30303–8960. The telephone number is 110(a)(2)(D)(i)(I) (prongs 1 and 2), North
approve the State Implementation Plan (404) 562–8726. Mr. Richard Wong can Carolina provided a separate submission
(SIP) submission, submitted by the State also be reached via electronic mail at and EPA is considering action related to
of North Carolina, through the North wong.richard@epa.gov. these provisions through a separate
Carolina Department of Environmental SUPPLEMENTARY INFORMATION: rulemaking. The details of North
Quality, Division of Air Quality Carolina’s submission and the rationale
(NCDAQ) on August 23, 2013, to I. Background and Overview for EPA’s actions for this final
demonstrate that the State meets certain On January 22, 2010 (published at 75 rulemaking are explained in the July 20,
infrastructure requirements of the Clean FR 6474, February 9, 2010), EPA 2016, proposed rulemaking. Comments
Air Act (CAA or Act) for the 2010 1- promulgated a new 1-hour primary on the proposed rulemaking were due
hour nitrogen dioxide (NO2) national NAAQS for NO2 at a level of 100 parts on or before August 19, 2016. EPA
ambient air quality standards (NAAQS). per billion (ppb), based on a 3-year received no adverse comments on the
The CAA requires that each state adopt average of the 98th percentile of the proposed action.
and submit a SIP for the yearly distribution of 1-hour daily II. Final Action
implementation, maintenance and maximum concentrations. Pursuant to
enforcement of each NAAQS section 110(a)(1) of the CAA, states are With the exception of the elements
promulgated by EPA, which is required to submit SIPs meeting the related to state boards of section
commonly referred to as an requirements of section 110(a)(2) within 110(a)(2)(E)(ii), the PSD permitting
‘‘infrastructure’’ SIP. NCDAQ certified three years after promulgation of a new requirements for major sources of
that the North Carolina SIP contains or revised NAAQS or within such sections 110(a)(2)(C), and (J), and the
provisions that ensure the 2010 1-hour shorter period as EPA may prescribe. interstate requirements of
NO2 NAAQS is implemented, enforced, Section 110(a)(2) requires states to 110(a)(2)(D)(i)(I) and (II) (prongs 1
and maintained in North Carolina. EPA address basic SIP elements such as through 4), EPA is taking final action to
has determined that North Carolina’s requirements for monitoring, basic approve North Carolina’s infrastructure
infrastructure SIP submission, provided program requirements and legal SIP submission for the 2010 1-hour NO2
to EPA on August 23, 2013, satisfies authority that are designed to assure NAAQS submitted on August 23, 2013.
certain required infrastructure elements attainment and maintenance of the EPA is taking final action to approve
for the 2010 1-hour NO2 NAAQS. NAAQS. States were required to submit North Carolina’s infrastructure SIP
DATES: This rule is effective November such SIPs for the 2010 NO2 NAAQS to submission for the 2010 1-hour NO2
14, 2016. EPA no later than January 22, 2013. NAAQS because the submission is
ADDRESSES: EPA has established a In a proposed rulemaking published consistent with section 110 of the CAA.
docket for this action under Docket on July 20, 2016 (81 FR 47115), EPA III. Statutory and Executive Order
Identification No. EPA–R04–OAR– proposed to approve North Carolina’s Reviews
2015–0362. All documents in the docket 2010 1-hour NO2 NAAQS infrastructure
are listed on the www.regulations.gov SIP submission submitted on August 23, Under the CAA, the Administrator is
Web site. Although listed in the index, 2013, with the exception of the elements required to approve a SIP submission
some information is not publicly related to state boards of section that complies with the provisions of the
available, i.e., Confidential Business 110(a)(2)(E)(ii), the PSD permitting Act and applicable federal regulations.
Information or other information whose requirements for major sources of See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
disclosure is restricted by statute. sections 110(a)(2)(C), and (J), and the Thus, in reviewing SIP submissions,
Certain other material, such as interstate requirements of EPA’s role is to approve state choices,
copyrighted material, is not placed on 110(a)(2)(D)(i)(I) and (II) (prongs 1 provided that they meet the criteria of
ehiers on DSK5VPTVN1PROD with RULES
the Internet and will be publicly through 4). On November 13, 2015, EPA the CAA. Accordingly, this action
available only in hard copy form. approved North Carolina’s August 23, merely approves state law as meeting
Publicly available docket materials are 2013, infrastructure SIP submission federal requirements and does not
available either electronically through regarding the state boards requirements impose additional requirements beyond
www.regulations.gov or in hard copy at of sections 110(a)(2)(E)(ii). See 80 FR those imposed by state law. For that
the Air Regulatory Management Section, 67645. On May 10, 2016 (81 FR 28797), reason, this action:
VerDate Sep<11>2014 13:00 Oct 13, 2016 Jkt 241001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\14OCR1.SGM 14OCR1](https://thefederalregister.org/doc/81_FR_71167/page/1.svg)
![Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations 70969
• Is not a significant regulatory action practicable and legally permissible affect the finality of this action for the
subject to review by the Office of methods, under Executive Order 12898 purposes of judicial review nor does it
Management and Budget under (59 FR 7629, February 16, 1994). extend the time within which a petition
Executive Orders 12866 (58 FR 51735, The SIP is not approved to apply on for judicial review may be filed, and
October 4, 1993) and 13563 (76 FR 3821, any Indian reservation land or in any shall not postpone the effectiveness of
January 21, 2011); other area where EPA or an Indian tribe such rule or action. This action may not
• does not impose an information has demonstrated that a tribe has be challenged later in proceedings to
collection burden under the provisions jurisdiction. In those areas of Indian enforce its requirements. See section
of the Paperwork Reduction Act (44 country, the rule does not have tribal 307(b)(2).
U.S.C. 3501 et seq.); implications as specified by Executive List of Subjects in 40 CFR Part 52
• is certified as not having a Order 13175 (65 FR 67249, November 9,
significant economic impact on a 2000), nor will it impose substantial Environmental protection, Air
substantial number of small entities direct costs on tribal governments or pollution control, Incorporation by
under the Regulatory Flexibility Act (5 preempt tribal law. reference, Intergovernmental relations,
U.S.C. 601 et seq.); The Congressional Review Act, 5 Nitrogen dioxide, Ozone, Reporting and
• does not contain any unfunded U.S.C. 801 et seq., as added by the Small recordkeeping requirements, Volatile
mandate or significantly or uniquely Business Regulatory Enforcement organic compounds.
affect small governments, as described Fairness Act of 1996, generally provides Dated: October 3, 2016.
in the Unfunded Mandates Reform Act that before a rule may take effect, the Heather McTeer Toney
of 1995 (Pub. L. 104–4); agency promulgating the rule must Regional Administrator, Region 4.
• does not have Federalism submit a rule report, which includes a
implications as specified in Executive copy of the rule, to each House of the 40 CFR part 52 is amended as follows:
Order 13132 (64 FR 43255, August 10, Congress and to the Comptroller General
PART 52—APPROVAL AND
1999); of the United States. EPA will submit a
PROMULGATION OF
• is not an economically significant report containing this action and other
IMPLEMENTATION PLANS
regulatory action based on health or required information to the U.S. Senate,
safety risks subject to Executive Order the U.S. House of Representatives, and ■ 1. The authority citation for part 52
13045 (62 FR 19885, April 23, 1997); the Comptroller General of the United continues to read as follows:
• is not a significant regulatory action States prior to publication of the rule in
Authority: 42 U.S.C. 7401 et seq.
subject to Executive Order 13211 (66 FR the Federal Register. A major rule
28355, May 22, 2001); cannot take effect until 60 days after it Subpart II—North Carolina
• is not subject to requirements of is published in the Federal Register.
Section 12(d) of the National This action is not a ‘‘major rule’’ as ■ 2. Section 52.1770(e), is amended by
Technology Transfer and Advancement defined by 5 U.S.C. 804(2). adding an entry for ‘‘110(a)(1) and (2)
Act of 1995 (15 U.S.C. 272 note) because Under section 307(b)(1) of the CAA, Infrastructure Requirements for the 2010
application of those requirements would petitions for judicial review of this 1-hour NO2 NAAQS’’ at the end of the
be inconsistent with the CAA; and action must be filed in the United States table to read as follows:
• does not provide EPA with the Court of Appeals for the appropriate
discretionary authority to address, as circuit by December 13, 2016. Filing a § 52.1770 Identification of plan.
appropriate, disproportionate human petition for reconsideration by the * * * * *
health or environmental effects, using Administrator of this final rule does not (e) * * *
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
EPA approval Federal Register
Provision State effective date Explanation
date citation
* * * * * * *
110(a)(1) and (2) Infrastruc- August 23, 2013 ................................. 10/14/16 [Insert citation of publica- With the exception of sec-
ture Requirements for the tion]. tions: 110(a)(2)(E)(ii)
2010 1-hour NO2 NAAQS. concerning state boards;
110(a)(2)(C) and (J) con-
cerning PSD permitting
requirements; and
110(a)(2)(D)(i)(I) and (II)
(prongs 1 through 4)
concerning interstate
transport requirements.
[FR Doc. 2016–24778 Filed 10–13–16; 8:45 am]
ehiers on DSK5VPTVN1PROD with RULES
BILLING CODE 6560–50–P
VerDate Sep<11>2014 17:18 Oct 13, 2016 Jkt 241001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\14OCR1.SGM 14OCR1](https://thefederalregister.org/doc/81_FR_71167/page/2.svg)
![70970 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations
ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http://
AGENCY I. General Information www.regulations.gov. Follow the online
instructions for submitting comments.
40 CFR Part 180 A. Does this action apply to me? Do not submit electronically any
[EPA–HQ–OPP–2016–0429; FRL–9952–59] You may be potentially affected by information you consider to be CBI or
this action if you are an agricultural other information whose disclosure is
Isofetamid; Pesticide Tolerances for producer, food manufacturer, or restricted by statute.
Emergency Exemptions pesticide manufacturer. The following • Mail: OPP Docket, Environmental
list of North American Industrial Protection Agency Docket Center (EPA/
AGENCY: Environmental Protection
Classification System (NAICS) codes is DC), (28221T), 1200 Pennsylvania Ave.
Agency (EPA).
not intended to be exhaustive, but rather
ACTION: Final rule. NW., Washington, DC 20460–0001.
provides a guide to help readers
determine whether this document • Hand Delivery: To make special
SUMMARY: This regulation establishes arrangements for hand delivery or
time-limited tolerances for residues of applies to them. Potentially affected
entities may include: delivery of boxed information, please
the fungicide isofetamid, N-[1,1-
• Crop production (NAICS code 111). follow the instructions at http://
dimethyl-2-[2-methyl-4-(1- • Animal production (NAICS code www.epa.gov/dockets/contacts.html.
methylethoxy)phenyl]-2-oxoethyl]-3- 112).
methyl-2-thiophenecarboxamide, in or • Food manufacturing (NAICS code Additional instructions on commenting
on caneberry subgroup 13–07A and 311). or visiting the docket, along with more
bushberry subgroup 13–07B. This action • Pesticide manufacturing (NAICS information about dockets generally, is
is in response to EPA’s granting of an code 32532). available at http://www.epa.gov/
emergency exemption, under the dockets.
Federal Insecticide, Fungicide, and B. How can I get electronic access to
Rodenticide Act (FIFRA) authorizing other related information? II. Background and Statutory Findings
use of the pesticide on caneberry You may access a frequently updated
EPA, on its own initiative, in
subgroup 13–07A and bushberry electronic version of 40 CFR part 180
subgroup 13–07B. This regulation through the Government Printing accordance with FFDCA sections 408(e)
establishes maximum permissible levels Office’s e-CFR site at http:// and 408(l)(6) of, 21 U.S.C. 346a(e) and
for residues of isofetamid in or on these www.ecfr.gov/cgi-bin/text- 346a(1)(6), is establishing time-limited
commodities. The time-limited idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ tolerances for the fungicide, isofetamid,
tolerances expire on December 31, 2019. 40tab_02.tpl. N-[1,1-dimethyl-2-[2-methyl-4-(1-
DATES: This regulation is effective
methylethoxy)phenyl]-2-oxoethyl]-3-
C. How can I file an objection or hearing methyl-2-thiophenecarboxamide, in or
October 14, 2016. Objections and request?
requests for hearings must be received on caneberry subgroup 13–07A at 4.0
Under section 408(g) of the Federal parts per million (ppm) and bushberry
on or before December 13, 2016, and
Food, Drug, and Cosmetic Act (FFDCA), subgroup 13–07B at 5.0 ppm. These
must be filed in accordance with the
21 U.S.C. 346a, any person may file an time-limited tolerances expire on
instructions provided in 40 CFR part
objection to any aspect of this regulation December 31, 2019.
178 (see also Unit I.C. of the
and may also request a hearing on those
SUPPLEMENTARY INFORMATION). Section 408(l)(6) of FFDCA requires
objections. You must file your objection
ADDRESSES: The docket for this action, or request a hearing on this regulation EPA to establish a time-limited
identified by docket identification (ID) in accordance with the instructions tolerance or exemption from the
number EPA–HQ–OPP–2016–0429, is provided in 40 CFR part 178. To ensure requirement for a tolerance for pesticide
available at http://www.regulations.gov proper receipt by EPA, you must chemical residues in food that will
or at the Office of Pesticide Programs identify docket ID number EPA–HQ– result from the use of a pesticide under
Regulatory Public Docket (OPP Docket) OPP–2016–0429 in the subject line on an emergency exemption granted by
in the Environmental Protection Agency the first page of your submission. All EPA under FIFRA section 18. Such
Docket Center (EPA/DC), West William objections and requests for a hearing tolerances can be established without
Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be providing notice or period for public
Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or comment. EPA does not intend for its
20460–0001. The Public Reading Room before December 13, 2016. Addresses for actions on FIFRA section 18 related
is open from 8:30 a.m. to 4:30 p.m., mail and hand delivery of objections time-limited tolerances to set binding
Monday through Friday, excluding legal and hearing requests are provided in 40 precedents for the application of FFDCA
holidays. The telephone number for the CFR 178.25(b). section 408 and the safety standard to
Public Reading Room is (202) 566–1744, In addition to filing an objection or other tolerances and exemptions.
and the telephone number for the OPP hearing request with the Hearing Clerk
Docket is (703) 305–5805. Please review Section 408(e) of FFDCA allows EPA to
as described in 40 CFR part 178, please establish a tolerance or an exemption
the visitor instructions and additional submit a copy of the filing (excluding
information about the docket available from the requirement of a tolerance on
any Confidential Business Information
at http://www.epa.gov/dockets. its own initiative, i.e., without having
(CBI)) for inclusion in the public docket.
received any petition from an outside
FOR FURTHER INFORMATION CONTACT: Information not marked confidential
party.
Michael L. Goodis, Registration Division pursuant to 40 CFR part 2 may be
ehiers on DSK5VPTVN1PROD with RULES
(7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior Section 408(b)(2)(A)(i) of FFDCA
Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your allows EPA to establish a tolerance (the
Pennsylvania Ave. NW., Washington, objection or hearing request, identified legal limit for a pesticide chemical
DC 20460–0001; main telephone by docket ID number EPA–HQ–OPP– residue in or on a food) only if EPA
number: (703) 305–7090; email address: 2016–0429, by one of the following determines that the tolerance is ‘‘safe.’’
RDFRNotices@epa.gov. methods: Section 408(b)(2)(A)(ii) of FFDCA
VerDate Sep<11>2014 17:18 Oct 13, 2016 Jkt 241001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\14OCR1.SGM 14OCR1](https://thefederalregister.org/doc/81_FR_71167/page/3.svg)
Document Created: 2016-10-14 00:00:34
Document Modified: 2016-10-14 00:00:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective November 14, 2016. | |
| Contact | Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 562-8726. Mr. Richard Wong can also be reached via electronic mail at [email protected] | |
| FR Citation | 81 FR 70968 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR