82 FR 38841 - Air Plan Approval; AL; VOC Definitions and Particulate Emissions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 157 (August 16, 2017)
Federal Register Volume 82, Issue 157 (August 16, 2017)
| Page Range | 38841-38844 | |
| FR Document | 2017-17231 |
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)] [Rules and Regulations] [Pages 38841-38844] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17231] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0436; FRL-9966-38-Region 4] Air Plan Approval; AL; VOC Definitions and Particulate Emissions AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: On May 19, 2017, the State of Alabama, through the Alabama Department of Environmental Management (ADEM), submitted changes to the Alabama State Implementation Plan (SIP). The Environmental Protection Agency (EPA) is taking direct final action to approve the submission. Specifically, the revision pertains to definitional changes, including the modification of the definition of ``volatile organic compounds'' (VOCs), correction of a typographical error, and removal of control of particulate emissions and opacity limits. EPA is taking direct final action to approve the SIP revision because the State has demonstrated that these changes are consistent with the Clean Air Act (CAA or Act). DATES: This direct final rule is effective October 16, 2017 without further notice, unless EPA receives adverse comment by September 15, 2017. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2017-0436 at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Richard Wong, 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. The telephone number is (404) 562-8726. Mr. Wong can be reached via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background In this rulemaking, EPA is approving changes to the Alabama SIP, submitted by the State on May 19, 2017. The submission revises ADEM Rule 335-3-1-.02--Definitions and Rule 335-3-4-.08--Wood Waste Boilers. This rulemaking revises the definition of VOCs, corrects a typographical error and removes particulate emission and opacity limits for Talladega County. II. EPA's Analysis of Alabama's SIP Revision A. Rule 335-3-1-.02--Definitions Tropospheric ozone, commonly known as smog, occurs when VOCs and nitrogen oxides (NOX ) react with sunlight in the atmosphere. Because of the harmful health effects of ozone, EPA limits the amount of VOCs and NOX that can be released into the atmosphere. VOCs are those compounds of carbon (excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate) that participate in atmospheric photochemical reactions. Different VOCs have different levels of reactivity; they do not react at the same speed or form ozone to the same extent. EPA determines whether a given carbon compound has ``negligible'' reactivity by comparing the compound's reactivity to the reactivity of ethane. It has been EPA's policy that compounds of carbon with negligible reactivity need not be regulated to reduce ozone. See 42 FR 35314, July 8, 1977. EPA lists these compounds in its regulations at 40 CFR 51.100(s) and excludes them from the definition of VOC. The chemicals on this list are often called ``negligibly reactive.'' EPA may periodically revise the list of negligibly reactive compounds to add or delete compounds. [[Page 38842]] On November 29, 2004,\1\ and August 1, 2016,\2\ EPA issued final rules revising the definition of VOCs by adding new compounds (tertiary butyl acetate (or t-Butyl acetate) and 1,1,2,2-Tetrafluoro-1-(2,2,2- trifluoroethoxyl) ethane) to the list of those that considered to be negligibly reactive compounds, and on February 25, 2016 (81 FR 9339), EPA issued a final rule removing recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements for t- Butyl acetate. The State's May 19, 2017, SIP revision adds these compounds to the list of negligibly reactive compounds under ADEM Rule 335-3-1-.02 subpart (gggg). The SIP revision also removes the recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements requirement for t-Butyl acetate. Additionally, the submittal makes a typographical correction under subpart (gggg)(iii). EPA proposes to approve these revisions because they are consistent with the definition of VOC at 40 CFR 51.100(s). --------------------------------------------------------------------------- \1\ In EPA's November 29, 2004, final rulemaking, the Agency adds tertiary butyl acetate to the list of excluded compounds from the definition of VOCs. See 69 FR 69298. \2\ In EPA's August 1, 2016, final rulemaking, the Agency adds 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxyl) ethane to the list of excluded compounds from the definition of VOCs. See 81 FR 20330. --------------------------------------------------------------------------- The State's addition of exemptions from the definition of VOCs and removal of recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements for t-butyl acetate are approvable under section 110(l) because it reflects changes to Federal regulations based on findings that the exempted compounds are negligibly reactive. The typographical error correction makes ministerial changes for consistency. B. Rule 335-3-4-.08--Wood Waste Boilers Rule 335-3-4-.08--Wood Waste Boilers was adopted into the Alabama SIP on April 23, 1974 (39 FR 14338), to provide emission limits based on available control technologies and included a 0.30 grain per dry standard cubic foot (gr/dscf) emissions limit for boilers burning a combination of wood waste and fossil fuels. On November 24, 1981 (46 FR 57484), EPA finalized a SIP revision allowing pulp mills to operate boilers that burn only wood waste in Talladega County. This change allowed a particulate matter emissions concentration of 0.45 gr/dscf when burning wood waste alone (but total emissions would remain the same provided boilers operate on a reduced rate). On July 11, 1986 (51 FR 25198), EPA approved a revision adding a new paragraph 3 at Rule 335-3-4-.08 that relaxed the allowable emission limit to 0.60 gr/dscf for wood waste boiler sources that operate up to 300 million British thermal unit per hour and tightened allowable emissions for other types of sources in Talladega County. Compliance with the emission limit was determined by an annual stack test. Additionally, an opacity limit of 76 percent was established and would be measured by a transmissometer. The May 19, 2017, SIP revision removes paragraph 3, applicable only to sources in Talladega County, because the type of source no longer exists in the County or anywhere else in the State. Moreover, if such a source were to begin operating in the future, it would be subject to more stringent requirements under Rule 335-3-4-.08 paragraph 2. EPA believes that these changes to the regulatory portion of the SIP are consistent with section 110 of the CAA and meet the regulatory requirements pertaining to SIPs. Pursuant to CAA section 110(l), the Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in CAA section 171), or any other applicable requirement of the Act. The State's removal of emissions and opacity requirements for Talladega County is an approvable change under section 110(l) because, should these sources start operating, they would fall under more stringent rules in the SIP. III. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Rule 335-3- 1-.02--Definitions and Rule 335-3-4-.08--Wood Waste Boilers, effective June 9, 2017. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\3\ EPA has made, and will continue to make, these materials generally available through https://www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). --------------------------------------------------------------------------- \3\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- IV. Final Action EPA is taking direct final action to approve portions of Alabama's May 19, 2017, submission submitted by the State of Alabama through ADEM. The submission revises Rule 335-3-1-.02--Definitions and Rule 335-3-4-.08--Wood Waste Boilers. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal 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 rule will be effective October 16, 2017 without further notice unless the Agency receives adverse comments by September 15, 2017. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All adverse comments received will then be addressed in a subsequent final rule based on the proposed rule. 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 October 16, 2017 and no further action will be taken on the proposed rule. V. 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: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.); [[Page 38843]] 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 October 16, 2017. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 7, 2017. V. Anne Heard, Acting 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 B--Alabama 0 2. Section 52.50(c) is amended by revising the entries for ``Section 335-3-1-.02'' and ``Section 335-3-4-.08'' to read as follows: Sec. 52.50 Identification of plan. * * * * * (c) * * * EPA Approved Alabama Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- Chapter No. 335-3-1 General Provision ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 335-3-1-.02............. Definitions........ 6/9/2017 8/16/2017; [Insert citation of publication]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 335-3-4 Control of Particulate Emissions ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 335-3-4-.08............. Wood Waste Boilers. 6/9/2017 8/16/2017; [Insert citation of publication]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- [[Page 38844]] * * * * * [FR Doc. 2017-17231 Filed 8-15-17; 8:45 am] BILLING CODE 6560-50-P
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§ 52.1770 Identification of plan. (c) * * *
* * * * *
TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
Subchapter 2D Air Pollution Control Requirements
Section .2000 Transportation Conformity
Sect .2001 ............................... Purpose, Scope and Applica- 11/10/2005 8/16/2017, [Insert first page of
bility. publication].
* * * * * * *
* * * * * ADDRESSES: Submit your comments, .08—Wood Waste Boilers. This
[FR Doc. 2017–17251 Filed 8–15–17; 8:45 am] identified by Docket ID No. EPA–R04– rulemaking revises the definition of
BILLING CODE 6560–50–P OAR–2017–0436 at https:// VOCs, corrects a typographical error and
www.regulations.gov. Follow the online removes particulate emission and
instructions for submitting comments. opacity limits for Talladega County.
ENVIRONMENTAL PROTECTION Once submitted, comments cannot be
AGENCY edited or removed from Regulations.gov. II. EPA’s Analysis of Alabama’s SIP
EPA may publish any comment received Revision
40 CFR Part 52 to its public docket. Do not submit A. Rule 335–3–1–.02—Definitions
electronically any information you
[EPA–R04–OAR–2017–0436; FRL–9966–38– consider to be Confidential Business Tropospheric ozone, commonly
Region 4] Information (CBI) or other information known as smog, occurs when VOCs and
whose disclosure is restricted by statute. nitrogen oxides (NOX) react with
Air Plan Approval; AL; VOC Definitions Multimedia submissions (audio, video,
and Particulate Emissions sunlight in the atmosphere. Because of
etc.) must be accompanied by a written the harmful health effects of ozone, EPA
AGENCY: Environmental Protection comment. The written comment is limits the amount of VOCs and NOX that
Agency (EPA). considered the official comment and
can be released into the atmosphere.
should include discussion of all points
ACTION: Direct final rule. VOCs are those compounds of carbon
you wish to make. EPA will generally
not consider comments or comment (excluding carbon monoxide, carbon
SUMMARY: On May 19, 2017, the State of contents located outside of the primary dioxide, carbonic acid, metallic carbides
Alabama, through the Alabama submission (i.e. on the web, cloud, or or carbonates, and ammonium
Department of Environmental other file sharing system). For carbonate) that participate in
Management (ADEM), submitted additional submission methods, the full atmospheric photochemical reactions.
changes to the Alabama State EPA public comment policy, Different VOCs have different levels of
Implementation Plan (SIP). The information about CBI or multimedia reactivity; they do not react at the same
Environmental Protection Agency (EPA) submissions, and general guidance on speed or form ozone to the same extent.
is taking direct final action to approve making effective comments, please visit
the submission. Specifically, the EPA determines whether a given
https://www2.epa.gov/dockets/ carbon compound has ‘‘negligible’’
revision pertains to definitional commenting-epa-dockets.
changes, including the modification of reactivity by comparing the compound’s
FOR FURTHER INFORMATION CONTACT: reactivity to the reactivity of ethane. It
the definition of ‘‘volatile organic Richard Wong, Air Regulatory
compounds’’ (VOCs), correction of a has been EPA’s policy that compounds
Management Section, Air Planning and of carbon with negligible reactivity need
typographical error, and removal of Implementation Branch, Air, Pesticides
control of particulate emissions and not be regulated to reduce ozone. See 42
and Toxics Management Division, U.S. FR 35314, July 8, 1977. EPA lists these
opacity limits. EPA is taking direct final Environmental Protection Agency,
action to approve the SIP revision compounds in its regulations at 40 CFR
Region 4, 61 Forsyth Street SW.,
because the State has demonstrated that 51.100(s) and excludes them from the
Atlanta, Georgia 30303–8960. The
these changes are consistent with the telephone number is (404) 562–8726. definition of VOC. The chemicals on
Clean Air Act (CAA or Act). Mr. Wong can be reached via electronic this list are often called ‘‘negligibly
DATES: This direct final rule is effective mail at wong.richard@epa.gov. reactive.’’ EPA may periodically revise
October 16, 2017 without further notice, SUPPLEMENTARY INFORMATION:
the list of negligibly reactive
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unless EPA receives adverse comment compounds to add or delete
by September 15, 2017. If adverse I. Background compounds.
comment is received, EPA will publish In this rulemaking, EPA is approving
a timely withdrawal of the direct final changes to the Alabama SIP, submitted
rule in the Federal Register and inform by the State on May 19, 2017. The
the public that the rule will not take submission revises ADEM Rule 335–3–
effect. 1–.02—Definitions and Rule 335–3–4–
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• is certified as not having a 2000), nor will it impose substantial of today’s Federal Register, rather than
significant economic impact on a direct costs on tribal governments or file an immediate petition for judicial
substantial number of small entities preempt tribal law. review of this direct final rule, so that
under the Regulatory Flexibility Act (5 The Congressional Review Act, 5 EPA can withdraw this direct final rule
U.S.C. 601 et seq.); U.S.C. 801 et seq., as added by the Small and address the comment in the
• does not contain any unfunded Business Regulatory Enforcement proposed rulemaking. This action may
mandate or significantly or uniquely Fairness Act of 1996, generally provides not be challenged later in proceedings to
affect small governments, as described that before a rule may take effect, the enforce its requirements. See section
in the Unfunded Mandates Reform Act agency promulgating the rule must 307(b)(2).
of 1995 (Pub. L. 104–4); submit a rule report, which includes a
• does not have Federalism List of Subjects in 40 CFR Part 52
copy of the rule, to each House of the
implications as specified in Executive Congress and to the Comptroller General Environmental protection, Air
Order 13132 (64 FR 43255, August 10, of the United States. EPA will submit a pollution control, Incorporation by
1999); report containing this action and other reference, Intergovernmental relations,
• is not an economically significant Nitrogen dioxide, Ozone, Particulate
required information to the U.S. Senate,
regulatory action based on health or matter, Reporting and recordkeeping
the U.S. House of Representatives, and
safety risks subject to Executive Order requirements, Volatile organic
the Comptroller General of the United
13045 (62 FR 19885, April 23, 1997); compounds.
• is not a significant regulatory action States prior to publication of the rule in
subject to Executive Order 13211 (66 FR the Federal Register. A major rule Dated: August 7, 2017.
28355, May 22, 2001); cannot take effect until 60 days after it V. Anne Heard,
• is not subject to requirements of is published in the Federal Register. Acting Regional Administrator, Region 4.
section 12(d) of the National This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). 40 CFR part 52 is amended as follows:
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because Under section 307(b)(1) of the CAA, PART 52—APPROVAL AND
application of those requirements would petitions for judicial review of this PROMULGATION OF
be inconsistent with the CAA; and action must be filed in the United States IMPLEMENTATION PLANS
• does not provide EPA with the Court of Appeals for the appropriate
discretionary authority to address, as circuit by October 16, 2017. Filing a ■ 1. The authority citation for part 52
appropriate, disproportionate human petition for reconsideration by the continues to read as follows:
health or environmental effects, using Administrator of this final rule does not
Authority: 42 U.S.C. 7401 et seq.
practicable and legally permissible affect the finality of this action for the
methods, under Executive Order 12898 purposes of judicial review nor does it Subpart B—Alabama
(59 FR 7629, February 16, 1994). extend the time within which a petition
The SIP is not approved to apply on for judicial review may be filed, and ■ 2. Section 52.50(c) is amended by
any Indian reservation land or in any shall not postpone the effectiveness of revising the entries for ‘‘Section 335–3–
other area where EPA or an Indian tribe such rule or action. Parties with 1–.02’’ and ‘‘Section 335–3–4–.08’’ to
has demonstrated that a tribe has objections to this direct final rule are read as follows:
jurisdiction. In those areas of Indian encouraged to file a comment in
country, the rule does not have tribal response to the parallel notice of § 52.50 Identification of plan.
implications as specified by Executive proposed rulemaking for this action * * * * *
Order 13175 (65 FR 67249, November 9, published in the proposed rules section (c) * * *
EPA APPROVED ALABAMA REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
Chapter No. 335–3–1 General Provision
* * * * * * *
Section 335–3–1–.02 ...................... Definitions ...................................... 6/9/2017 8/16/2017; [Insert citation of publi-
cation].
* * * * * * *
Chapter 335–3–4 Control of Particulate Emissions
* * * * * * *
Section 335–3–4–.08 ...................... Wood Waste Boilers ...................... 6/9/2017 8/16/2017; [Insert citation of publi-
cation].
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* * * * * * *
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* * * * * pesticide manufacturer. The following • Mail: OPP Docket, Environmental
[FR Doc. 2017–17231 Filed 8–15–17; 8:45 am] list of North American Industrial Protection Agency Docket Center (EPA/
BILLING CODE 6560–50–P Classification System (NAICS) codes is DC), (28221T), 1200 Pennsylvania Ave.
not intended to be exhaustive, but rather NW., Washington, DC 20460–0001.
provides a guide to help readers • Hand Delivery: To make special
ENVIRONMENTAL PROTECTION determine whether this document arrangements for hand delivery or
AGENCY applies to them. Potentially affected delivery of boxed information, please
entities may include: follow the instructions at http://
40 CFR Part 180 • Crop production (NAICS code 111). www.epa.gov/dockets/contacts.html.
[EPA–HQ–OPP–2016–0286; FRL–9964–40] • Animal production (NAICS code Additional instructions on
112). commenting or visiting the docket,
Prothioconazole; Pesticide Tolerances • Food manufacturing (NAICS code along with more information about
311). dockets generally, is available at http://
AGENCY: Environmental Protection www.epa.gov/dockets.
Agency (EPA). • Pesticide manufacturing (NAICS
ACTION: Final rule. code 32532). II. Summary of Petitioned-For
Tolerance
B. How can I get electronic access to
SUMMARY: This regulation establishes a In the Federal Register of July 20,
other related information?
tolerance for residues of 2016 (81 FR 47150) (FRL–9948–45),
prothioconazole in or on Sunflower You may access a frequently updated EPA issued a document pursuant to
subgroup 20B at 0.2 parts per million electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C.
(ppm). Bayer CropScience requested regulations at 40 CFR part 180 through 346a(d)(3), announced the filing of a
this tolerance under the Federal Food, the Government Printing Office’s e-CFR pesticide petition (PP 6E8469) by Bayer
Drug, and Cosmetic Act (FFDCA). site at http://www.ecfr.gov/cgi-bin/text- CropScience, P.O. Box 12014, 2 T.W.
DATES: This regulation is effective idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Alexander Drive, Research Triangle
August 16, 2017. Objections and 40tab_02.tpl. Park, NC 27709. This petition requested
requests for hearings must be received C. How can I file an objection or hearing that 40 CFR 180.626 be amended by
on or before October 16, 2017, and must request? establishing tolerances for residues of
be filed in accordance with the prothioconazole in or on imported
instructions provided in 40 CFR part Under FFDCA section 408(g), 21 commodities in the sunflower subgroup
178 (see also Unit I.C. of the U.S.C. 346a, any person may file an 20B at 0.2 ppm. This document
SUPPLEMENTARY INFORMATION). objection to any aspect of this regulation referenced a summary of a petition
ADDRESSES: The docket for this action, and may also request a hearing on those prepared by Bayer CropScience, the
identified by docket identification (ID) objections. You must file your objection registrant, which are available in the
number EPA–HQ–OPP–2016–0286, is or request a hearing on this regulation docket, http://www.regulations.gov. No
available at http://www.regulations.gov in accordance with the instructions comments were received in response to
or at the Office of Pesticide Programs provided in 40 CFR part 178. To ensure the notice of filing.
Regulatory Public Docket (OPP Docket) proper receipt by EPA, you must
identify docket ID number EPA–HQ– III. Aggregate Risk Assessment and
in the Environmental Protection Agency
OPP–2016–0286 in the subject line on Determination of Safety
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301 the first page of your submission. All Section 408(b)(2)(A)(i) of FFDCA
Constitution Ave. NW., Washington, DC objections and requests for a hearing allows EPA to establish a tolerance (the
20460–0001. The Public Reading Room must be in writing, and must be legal limit for a pesticide chemical
is open from 8:30 a.m. to 4:30 p.m., received by the Hearing Clerk on or residue in or on a food) only if EPA
Monday through Friday, excluding legal before October 16, 2017. Addresses for determines that the tolerance is ‘‘safe.’’
holidays. The telephone number for the mail and hand delivery of objections Section 408(b)(2)(A)(ii) of FFDCA
Public Reading Room is (202) 566–1744, and hearing requests are provided in 40 defines ‘‘safe’’ to mean that ‘‘there is a
and the telephone number for the OPP CFR 178.25(b). reasonable certainty that no harm will
Docket is (703) 305–5805. Please review In addition to filing an objection or result from aggregate exposure to the
the visitor instructions and additional hearing request with the Hearing Clerk pesticide chemical residue, including
information about the docket available as described in 40 CFR part 178, please all anticipated dietary exposures and all
at http://www.epa.gov/dockets. submit a copy of the filing (excluding other exposures for which there is
FOR FURTHER INFORMATION CONTACT:
any Confidential Business Information reliable information.’’ This includes
Michael L. Goodis, P.E., Director, (CBI)) for inclusion in the public docket. exposure through drinking water and in
Registration Division (7505P), Office of Information not marked confidential residential settings, but does not include
Pesticide Programs, Environmental pursuant to 40 CFR part 2 may be occupational exposure. Section
Protection Agency, 1200 Pennsylvania disclosed publicly by EPA without prior 408(b)(2)(C) of FFDCA requires EPA to
Ave. NW., Washington, DC 20460–0001; notice. Submit the non-CBI copy of your give special consideration to exposure
main telephone number: (703) 305– objection or hearing request, identified of infants and children to the pesticide
7090; email address: RDFRNotices@ by docket ID number EPA–HQ–OPP– chemical residue in establishing a
epa.gov. 2016–0286, by one of the following tolerance and to ‘‘ensure that there is a
methods: reasonable certainty that no harm will
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SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http:// result to infants and children from
I. General Information www.regulations.gov. Follow the online aggregate exposure to the pesticide
instructions for submitting comments. chemical residue. . . .’’
A. Does this action apply to me? Do not submit electronically any Consistent with FFDCA section
You may be potentially affected by information you consider to be CBI or 408(b)(2)(D), and the factors specified in
this action if you are an agricultural other information whose disclosure is FFDCA section 408(b)(2)(D), EPA has
producer, food manufacturer, or restricted by statute. reviewed the available scientific data
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Document Created: 2017-08-16 10:26:58
Document Modified: 2017-08-16 10:26:58
| 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 | Direct final rule. | |
| Dates | This direct final rule is effective October 16, 2017 without further notice, unless EPA receives adverse comment by September 15, 2017. If adverse comment is received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Richard Wong, 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. The telephone number is (404) 562-8726. Mr. Wong can be reached via electronic mail at [email protected] | |
| FR Citation | 82 FR 38841 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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