83 FR 52983 - Determination of Attainment by the Attainment Date and Clean Data Determination for the Logan, UT-ID 2006 24-Hour PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 203 (October 19, 2018)
Federal Register Volume 83, Issue 203 (October 19, 2018)
| Page Range | 52983-52986 | |
| FR Document | 2018-22284 |
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)] [Rules and Regulations] [Pages 52983-52986] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22284] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2018-0309 and EPA-R10-OAR-2018-0316: FRL-9985-28-Region 8 and Region 10] Determination of Attainment by the Attainment Date and Clean Data Determination for the Logan, UT-ID 2006 24-Hour PM2.5 Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing a determination of attainment by the attainment date and a clean data determination (CDD) for the 2006 24-hour fine particulate matter (PM2.5 ) Logan, Utah (UT)-Idaho (ID) nonattainment area. These determinations are based upon quality-assured, quality-controlled and certified ambient air monitoring data for the period 2015-2017, available in the EPA's Air Quality System (AQS) database, showing that the area has attained the 2006 24-hour PM2.5 National Ambient Air Quality Standards (NAAQS). Based on the final determination that the Logan, UT-ID nonattainment area is currently attaining the 24- hour PM2.5 NAAQS, the EPA is also issuing the final determination that the obligation for Utah and Idaho to make submissions to meet certain Clean Air Act (CAA or the Act) requirements related to attainment of the NAAQS for this area is not applicable for as long as the area continues to attain the NAAQS. Additionally, the sanctions and Federal Implementation Plan (FIP) clocks triggered by the partial disapproval of the contingency measure element for the Idaho portion of the Logan, UT-ID PM2.5 State Implementation Plan (SIP) will be suspended. DATES: This final rule is effective on October 19, 2018. ADDRESSES: The EPA has established dockets for this action under Docket ID No. EPA-R08-OAR-2018-0309 and/or Docket ID No. EPA-R10-OAR-2018- 0316. All documents in the docket are listed on the https://www.regulations.gov website. 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, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air Program, EPA, Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202- 1129, (303) 312-6602, [email protected], or Matthew Jentgen, Air Planning Unit, Office of Air and Waste (OAW-150), EPA, Region 10, 1200 Sixth Avenue, Suite 900, Seattle, Washington 98101; (206) 553- 0340; [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', ``us'' or ``our'' is used, it is intended to refer to the EPA. I. Background On October 17, 2006 (71 FR 61144), the EPA revised the level of the 24-hour PM2.5 NAAQS, lowering the primary and secondary standards from the 1997 standard of 65 micrograms per cubic meter ([micro]g/m\3\) to 35 [micro]g/m\3\. On November 13, 2009 (74 FR 58688), the EPA designated several areas as nonattainment for the 24- hour PM2.5 NAAQS of 35 [micro]g/m\3\, including the Logan, Utah UT-ID nonattainment area. On July 17, 2018 (83 FR 33886), the EPA proposed to determine, based on the most recent 3 years (2015-2017) of valid data,\1\ that the Logan, UT-ID nonattainment area has attained the 2006 primary and secondary 24-hour PM2.5 NAAQS by the December 31, 2017 attainment date. In addition, based on the CDD, the EPA also proposed to determine that the obligation to submit any remaining attainment- related SIP revisions arising from classification of the Logan, UT-ID area as a Moderate nonattainment area under subpart 4 of part D (of title I of the Act) for the 2006 24-hour PM2.5 NAAQS is not applicable so long as the area continues to attain the 2006 24-hour PM2.5 NAAQS. Additional detail can be found in the July 17, 2018 (83 FR 33886) proposed action. --------------------------------------------------------------------------- \1\ Meeting the requirements of 40 CFR part 50, appendix N, and part 58. --------------------------------------------------------------------------- II. Response to Comments The EPA received eight public comments on the proposed action. Three of the comments related to forestry practices and wildfire management, primarily in California. One comment related to child labor practices in South America. One comment related to homelessness in California. Another comment discussed [[Page 52984]] water quality issues in Venezuela. Finally, one comment raised issues concerning lead-based paint. None of these seven comments recommended that the EPA take a different action than the EPA proposed on July 17, 2018 (83 FR 33886). The eighth comment was received from the Idaho Conservation League (ICL) and raised issues relevant to this action, which are addressed below. After reviewing the comments received, the EPA has determined that the comments, with the exception of the ICL comment, fall outside the scope of our proposed action or fail to identify any material issue necessitating a response. The ICL comment raises concerns regarding monitoring data trends at the Franklin, ID and, to a lesser extent, the Smithfield, UT sites. The comment states that the 3-year average (2015-2017) at the Franklin, ID monitoring site was 30 [micro]g/m\3\; however, the 98th percentile rose each year (18.8, 33.3, and 38.3 [micro]g/m\3\, respectively). The commenter briefly mentions the Smithfield, UT monitor and how the 98th percentiles for the three years (2015-2017) rose too, but to a lesser extent. The comment also asserts that if the 2018 monitoring data at the Franklin, ID site yields a 98th percentile measurement of greater than 33.4 [micro]g/m\3\ (the commenter observes that this measurement is not unreasonable for this site), then the 2016-2018 design value would exceed the standard of 35 [micro]g/m\3\. The commenter requests that the EPA addresses why the year-to-year increases in PM2.5 is occurring, and what regulatory measures are in place to prevent this area from violating again. In accordance with section 188(b)(2) of the CAA, the EPA is required to determine within 6 months of the applicable attainment date whether a nonattainment area attained the standard by that date. On September 8, 2017, the EPA extended the attainment date for the Logan, UT-ID PM2.5 nonattainment area to December 31, 2017, upon which the EPA proposed a determination of attainment. A determination of attainment is not equivalent to a redesignation, and the states must still meet the statutory requirements for redesignation in order for the area to be redesiginated to attainment. The comment may be referring to a redesignation rather than a determination that the area attained by the attainment date and/or a CDD, so the EPA reiterates that the designation status of the area will remain nonattainment for the 2006 PM2.5 NAAQS, until such time as the EPA determines that the area meets the CAA requirements for redesignation to attainment in CAA section 107(d)(3)(E). The EPA has established regulations for determining if the 24-hour PM2.5 NAAQS has been met at 40 CFR 50.13 and part 50, appendix N, section 4.2. Specifically, under 40 CFR 50.13 and part 50, appendix N, section 4.2, the 2006 24-hour PM2.5 NAAQS is met when the 24-hour PM2.5 NAAQS design value at each eligible monitoring site is less than or equal to 35 [mu]g/m\3\. Three years of valid annual PM2.5 98th percentile mass concentrations generally are required to produce a valid design value. The regulations do not require that there be a downward trend over the course of the three years used to calculate the design value. Rather, according to part 50, appendix N, section 4.5, the design value is an average of the three years of valid annual PM2.5 98th percentile mass concentrations. Thus, the process the EPA uses to calculate a design value accounts for the fluctuations in 98th percentiles at the Logan, UT and Smithfield, UT monitoring sites. Following the requirements of 40 CFR 50.13 and part 50, appendix N, the EPA determined that the design values at both the Smithfield, UT and Franklin, ID monitors are below 35 [mu]g/m\3\, thus the proposed determination of attainment by the attainment date and the proposed CDD are appropriate. Also, the 3-year design values are lower for the time period used for this attainment determination compared to the time period when the area was designated nonattainment. The Logan, UT design value used for designations \2\ was 36 [mu]g/m\3\ (2006-2008). The first period when both the Logan, UT and Franklin, ID monitors had valid design values was in 2008-2010, when the Logan, UT monitor recorded a PM2.5 24-hour concentration of 43 [mu]g/m\3\ and the Franklin, ID monitor was 46 [mu]g/m\3\. In comparison, the most recent design value (2015-2017) is 33 [mu]g/m\3\ for the Logan, UT monitor and 30 [mu]g/m\3\ for the Franklin, ID monitor, which shows attainment. Moreover, since being designated as a Moderate nonattainment area in 2009, Utah and Idaho have adopted and implemented reasonably available control measures (RACM), including reasonably available control technologies (RACT), on sources of direct PM2.5 and PM2.5 precursors. Based on the overall trend towards attainment since the area was designated as nonattainment in 2009, as well as the implementation of RACM on sources in the nonattainment area, it is unlikely the area will re-violate the 24-hour PM2.5 NAAQS. Furthermore, as described in detail in our proposal notice, should the area subsequently violate the 24-hour PM2.5 NAAQS, in accordance with 40 CFR 51.1015(a)(2), the EPA would rescind the CDD, and Utah and Idaho would be obligated to submit a SIP revision to address any deficiencies. Therefore, the EPA is finalizing our action as proposed. --------------------------------------------------------------------------- \2\ November 13, 2009 (74 FR 58688). --------------------------------------------------------------------------- III. Final Action Pursuant to CAA section 188(b)(2), the EPA is finalizing a determination, based on the most recent 3 years (2015-2017) of valid data, that the Logan, UT-ID nonattainment area has attained the 2006 primary and secondary 24-hour PM2.5 NAAQS by the December 31, 2017 attainment date. In addition, the EPA is finalizing a determination that the obligation to submit any remaining attainment-related SIP revisions arising from classification of the Logan, UT-ID area as a Moderate nonattainment area under subpart 4 of part D (of title I of the Act) for the 2006 24-hour PM2.5 NAAQS are not applicable under the Clean Data Policy for so long as the area continues to attain the 2006 24-hour PM2.5 NAAQS. See 40 CFR 51.1015(a). In particular, the obligation for Utah and Idaho to submit attainment demonstrations, projected emissions inventories, RACM (including RACT), reasonable further progress (RFP) plans, motor vehicle emissions budgets (MVEB), quantitative milestones, and contingency measures, for the Logan, UT-ID area are suspended until such time as: (1) The area is redesignated to attainment, after which such requirements are permanently discharged; or (2) the EPA determines that the area has re- violated the PM2.5 NAAQS, at which time the state shall submit such attainment plan elements for the Moderate nonattainment area by a future date to be determined by the EPA and announced through publication in the Federal Register at the time the EPA determines the area is violating the PM2.5 NAAQS. As discussed in the 2015 PM2.5 SIP Requirements Rule,\3\ the nonattainment base emissions inventory required by section 172(c)(3) is not suspended by this determination because the base inventory is a requirement independent of planning for an area's attainment. See 81 FR 58009 at 58028 and 58127-8; 80 FR 15340 at 15441- 2. Additionally, Nonattainment New Source Review [[Page 52985]] (NNSR) requirements are discussed in the PM2.5 SIP Requirements Rule, and required by CAA sections 110(a)(2)(C); 172(c)(5); 173; 189(a); and 189(e), and are not being suspended by a CDD because this requirement is independent of the area's attainment planning. See 81 FR 58010 at 58107 and 58127. --------------------------------------------------------------------------- \3\ On August 24, 2016, the EPA finalized the Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements (``PM2.5 SIP Requirements Rule''), 81 FR 58010. --------------------------------------------------------------------------- This determination does not invalidate any prior actions that the EPA has made on any Moderate PM2.5 area attainment plan elements that were submitted by either the State of Utah or the State of Idaho for the Logan, UT-ID Moderate PM2.5 area attainment plans. This action does not preclude either state from submitting, nor the EPA from acting on, the suspended attainment plan elements. As a result of this final action, the sanctions and Federal Implementation Plan (FIP) clocks triggered by the partial disapproval of the contingency measure element of the Idaho portion of the Logan, UT-ID PM2.5 SIP are suspended. This final action does not constitute a redesignation of the Logan, UT-ID nonattainment area to attainment for the 2006 24-hour PM2.5 NAAQS under CAA section 107(d)(3) because we have not yet approved a maintenance plan for Logan, UT-ID as meeting the requirements of section 175A of the CAA or determined that the area has met the other CAA requirements for redesignation. The classification and designation status in 40 CFR part 81 remains Moderate nonattainment for this area until such time as the EPA determines that Utah and Idaho have met the CAA requirements for redesignation to attainment for the Logan, UT-ID nonattainment area. In accordance with 5 U.S.C. 553(d), the EPA finds there is good cause for these determinations to become effective immediately upon publication in the Federal Register. The expedited effective date for these actions is authorized under both 5 U.S.C. 553(d)(1), which provides that rule actions may become effective less than 30 days after publication if the rule ``grants or recognizes an exemption or relieves a restriction,'' and 5 U.S.C. 553(d)(3), which allows an effective date less than 30 days after publication ``as otherwise provided by the agency for good cause found and published with the rule.'' As noted above, this determination of attainment will result in a suspension of the requirements for Idaho and Utah to submit attainment demonstrations, projected emissions inventories, RACM (including RACT), RFP plans, MVEB, quantitative milestones, and contingency measures, so long as the Logan, UT-ID area continues to attain the PM2.5 NAAQS. Furthermore, the sanctions and FIP clocks triggered by the partial disapproval of the contingency measure element of the Idaho portion of the Logan, UT-ID PM2.5 SIP are suspended. The suspension of these requirements and the suspension of sanctions is sufficient reason to allow an expedited effective date of this rule under 5 U.S.C. 553(d)(1). In addition, the suspension of the obligations of Idaho and Utah to make submissions for these requirements provides good cause to make this rule effective on the date of publication of this action in the Federal Register, pursuant to 5 U.S.C. 553(d)(3). The purpose of the 30-day waiting period prescribed in 5 U.S.C. 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. Where, as here, the final rule suspends requirements rather than imposes obligations, affected parties, such as Idaho and Utah, do not need time to adjust and prepare before the rule takes effect. IV. Statutory and Executive Order Reviews This action finalizes a determination of attainment based on air quality and suspends certain federal requirements, and thus would not impose additional requirements beyond those imposed by state law. For this reason, this final 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); Is not expected to be an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because this action is not significant under Executive Order 12866; 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 the 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). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the 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 and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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. The 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 18, 2018. 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).) [[Page 52986]] List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: September 27, 2018. Douglas H. Benevento, Regional Administrator, Region 8. Dated: September 27, 2018. Chris Hladick, Regional Administrator, Region 10. [FR Doc. 2018-22284 Filed 10-18-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations 52983
For the reasons discussed in the ENVIRONMENTAL PROTECTION form. Publicly available docket
preamble, the Coast Guard amends 33 AGENCY materials are available through http://
CFR part 165 as follows: www.regulations.gov, or please contact
40 CFR Part 52 the person identified in the FOR FURTHER
PART 165—REGULATED NAVIGATION [EPA–R08–OAR–2018–0309 and EPA–R10– INFORMATION CONTACT section for
AREAS AND LIMITED ACCESS AREAS OAR–2018–0316: FRL–9985–28–Region 8 additional availability information.
and Region 10] FOR FURTHER INFORMATION CONTACT:
■ 1. The authority citation for part 165 Crystal Ostigaard, Air Program, EPA,
continues to read as follows: Determination of Attainment by the Region 8, Mail Code 8P–AR, 1595
Attainment Date and Clean Data Wynkoop Street, Denver, Colorado
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Determination for the Logan, UT-ID
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
80202–1129, (303) 312–6602,
2006 24-Hour PM2.5 Nonattainment ostigaard.crystal@epa.gov, or Matthew
Department of Homeland Security Delegation Area
No. 0170.1. Jentgen, Air Planning Unit, Office of Air
AGENCY: Environmental Protection and Waste (OAW–150), EPA, Region 10,
■ 2. Add § 165.T09–0910 to read as Agency (EPA). 1200 Sixth Avenue, Suite 900, Seattle,
follows: Washington 98101; (206) 553–0340;
ACTION: Final rule.
jentgen.matthew@epa.gov.
§ 165.T09–0910 Safety Zone; Fox River, SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION:
Brown County Fireworks, Green Bay, WI. Agency (EPA) is finalizing a Throughout this document, wherever
(a) Location. All navigable waters of determination of attainment by the ‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is
Fox River within a 210-foot radius of the attainment date and a clean data intended to refer to the EPA.
approximate launch position at determination (CDD) for the 2006 24-
I. Background
44°31.0167′ N, 088°01.016′ W (NAD 83). hour fine particulate matter (PM2.5)
Logan, Utah (UT)-Idaho (ID) On October 17, 2006 (71 FR 61144),
(b) Effective and enforcement period. nonattainment area. These the EPA revised the level of the 24-hour
This rule is effective and will be determinations are based upon quality- PM2.5 NAAQS, lowering the primary
enforced from 7 p.m. through 7:30 p.m. assured, quality-controlled and certified and secondary standards from the 1997
on October 26, 2018. ambient air monitoring data for the standard of 65 micrograms per cubic
(c) Regulations. (1) In accordance with period 2015–2017, available in the meter (mg/m3) to 35 mg/m3. On
the general regulations in § 165.23 of EPA’s Air Quality System (AQS) November 13, 2009 (74 FR 58688), the
this part, entry into, transiting, or database, showing that the area has EPA designated several areas as
anchoring within this safety zone is attained the 2006 24-hour PM2.5 nonattainment for the 24-hour PM2.5
prohibited unless authorized by the National Ambient Air Quality Standards NAAQS of 35 mg/m3, including the
Captain of the Port Lake Michigan or a (NAAQS). Based on the final Logan, Utah UT-ID nonattainment area.
designated on-scene representative. determination that the Logan, UT-ID On July 17, 2018 (83 FR 33886), the
nonattainment area is currently EPA proposed to determine, based on
(2) This safety zone is closed to all the most recent 3 years (2015–2017) of
attaining the 24-hour PM2.5 NAAQS, the
vessel traffic, except as may be valid data,1 that the Logan, UT-ID
EPA is also issuing the final
permitted by the Captain of the Port nonattainment area has attained the
determination that the obligation for
Lake Michigan or a designated on-scene 2006 primary and secondary 24-hour
Utah and Idaho to make submissions to
representative. PM2.5 NAAQS by the December 31, 2017
meet certain Clean Air Act (CAA or the
(3) The ‘‘on-scene representative’’ of Act) requirements related to attainment attainment date. In addition, based on
the Captain of the Port Lake Michigan of the NAAQS for this area is not the CDD, the EPA also proposed to
is any Coast Guard commissioned, applicable for as long as the area determine that the obligation to submit
warrant or petty officer who has been continues to attain the NAAQS. any remaining attainment-related SIP
designated by the Captain of the Port Additionally, the sanctions and Federal revisions arising from classification of
Lake Michigan to act on his or her Implementation Plan (FIP) clocks the Logan, UT-ID area as a Moderate
behalf. triggered by the partial disapproval of nonattainment area under subpart 4 of
the contingency measure element for the part D (of title I of the Act) for the 2006
(4) Vessel operators desiring to enter
Idaho portion of the Logan, UT-ID PM2.5 24-hour PM2.5 NAAQS is not applicable
or operate within the safety zone must
State Implementation Plan (SIP) will be so long as the area continues to attain
contact the Captain of the Port Lake
suspended. the 2006 24-hour PM2.5 NAAQS.
Michigan or an on-scene representative
DATES: This final rule is effective on
Additional detail can be found in the
to obtain permission to do so. The
October 19, 2018. July 17, 2018 (83 FR 33886) proposed
Captain of the Port Lake Michigan or an
action.
on-scene representative may be ADDRESSES: The EPA has established
contacted via VHF Channel 16. Vessel dockets for this action under Docket ID II. Response to Comments
operators given permission to enter or No. EPA–R08–OAR–2018–0309 and/or The EPA received eight public
operate in the safety zone must comply Docket ID No. EPA–R10–OAR–2018– comments on the proposed action.
with all directions given to them by the 0316. All documents in the docket are Three of the comments related to
Captain of the Port Lake Michigan or an listed on the https:// forestry practices and wildfire
on-scene representative. www.regulations.gov website. Although management, primarily in California.
listed in the index, some information is
amozie on DSK3GDR082PROD with RULES
Dated: October 2, 2018. One comment related to child labor
not publicly available, e.g., CBI or other practices in South America. One
Thomas J. Stuhlreyer, information whose disclosure is comment related to homelessness in
Captain, U.S. Coast Guard, Captain of the restricted by statute. Certain other California. Another comment discussed
Port. material, such as copyrighted material,
[FR Doc. 2018–22845 Filed 10–18–18; 8:45 am] is not placed on the internet and will be 1 Meeting the requirements of 40 CFR part 50,
BILLING CODE 9110–04–P publicly available only in hard copy appendix N, and part 58.
VerDate Sep<11>2014 16:11 Oct 18, 2018 Jkt 247001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1](https://thefederalregister.org/doc/83_FR_53186/page/1.svg)
![52986 Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations
List of Subjects in 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: Information not marked confidential
Environmental protection, Air Michael Goodis, Registration Division pursuant to 40 CFR part 2 may be
pollution control, Incorporation by (7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior
reference, Intergovernmental relations, Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your
Nitrogen dioxide, Particulate matter, Pennsylvania Ave. NW, Washington, DC objection or hearing request, identified
20460–0001; main telephone number: by docket ID number EPA–HQ–OPP–
Reporting and recordkeeping
(703) 305–7090; email address: 2017–0531, by one of the following
requirements, Sulfur oxides, Volatile
RDFRNotices@epa.gov. methods:
organic compounds. • Federal eRulemaking Portal: http://
SUPPLEMENTARY INFORMATION:
Authority: 42 U.S.C. 7401 et seq. www.regulations.gov. Follow the online
Dated: September 27, 2018. I. General Information instructions for submitting comments.
Douglas H. Benevento, A. Does this action apply to me? Do not submit electronically any
Regional Administrator, Region 8. information you consider to be CBI or
You may be potentially affected by other information whose disclosure is
Dated: September 27, 2018. this action if you are an agricultural restricted by statute.
Chris Hladick, producer, food manufacturer, or • Mail: OPP Docket, Environmental
Regional Administrator, Region 10. pesticide manufacturer. The following Protection Agency Docket Center (EPA/
[FR Doc. 2018–22284 Filed 10–18–18; 8:45 am] list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave.
BILLING CODE 6560–50–P Classification System (NAICS) codes is NW, Washington, DC 20460–0001.
not intended to be exhaustive, but rather • Hand Delivery: To make special
provides a guide to help readers arrangements for hand delivery or
ENVIRONMENTAL PROTECTION determine whether this document delivery of boxed information, please
AGENCY applies to them. Potentially affected follow the instructions at http://
entities may include: www.epa.gov/dockets/contacts.html.
40 CFR Part 180 • Crop production (NAICS code 111). Additional instructions on commenting
• Animal production (NAICS code or visiting the docket, along with more
[EPA–HQ–OPP–2017–0531; FRL–9984–63] 112). information about dockets generally, is
• Food manufacturing (NAICS code available at http://www.epa.gov/
Prothioconazole; Pesticide Tolerances 311). dockets.
AGENCY: Environmental Protection • Pesticide manufacturing (NAICS
code 32532). II. Summary of Petitioned-For
Agency (EPA).
Tolerance
ACTION: Final rule. B. How can I get electronic access to
In the Federal Register of February
other related information?
SUMMARY: This regulation establishes 27, 2018 (83 FR 8408) (FRL–9972–17),
tolerances for residues of You may access a frequently updated EPA issued a document pursuant to
prothioconazole in or on rapeseed electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C.
subgroup 20A. Bayer CropScience regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a
requested these tolerances under the the Government Publishing Office’s e- pesticide petition (PP 7F8596) by Bayer
Federal Food, Drug, and Cosmetic Act CFR site at http://www.ecfr.gov/cgi-bin/ CropScience, LP2, T.W. Alexander Dr.,
(FFDCA). text-idx?&c=ecfr&tpl=/ecfrbrowse/ Research Triangle Park, NC 27709. The
Title40/40tab_02.tpl. petition requested that 40 CFR 180.626
DATES: This regulation is effective
C. How can I file an objection or hearing be amended by establishing tolerances
October 19, 2018. Objections and
request? for residues of the fungicide
requests for hearings must be received
prothioconazole, 2-[2-(1-
on or before December 18, 2018, and Under FFDCA section 408(g), 21 chlorocylcopropyl)-3-(2-chlorophenyl)-
must be filed in accordance with the U.S.C. 346a, any person may file an 2-hydroxypropyl]-1,2-dihydro-3H–1,2,4-
instructions provided in 40 CFR part objection to any aspect of this regulation triazole-3-thione, and its desthio
178 (see also Unit I.C. of the and may also request a hearing on those metabolite in or on rapeseed subgroup,
SUPPLEMENTARY INFORMATION). objections. You must file your objection Crop subgroup 20A at 0.15 parts per
ADDRESSES: The docket for this action, or request a hearing on this regulation million (ppm). That document
identified by docket identification (ID) in accordance with the instructions referenced a summary of the petition
number EPA–HQ–OPP–2017–0531, is provided in 40 CFR part 178. To ensure prepared by Bayer CropScience, the
available at http://www.regulations.gov proper receipt by EPA, you must registrant, which is available in the
or at the Office of Pesticide Programs identify docket ID number EPA–HQ– docket, http://www.regulations.gov.
Regulatory Public Docket (OPP Docket) OPP–2017–0531 in the subject line on Comments were received on the notice
in the Environmental Protection Agency the first page of your submission. All of filing. EPA’s response to these
Docket Center (EPA/DC), West William objections and requests for a hearing comments is discussed in Unit IV.C.
Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be Based upon review of the data
Constitution Ave. NW, Washington, DC received by the Hearing Clerk on or supporting the petition, EPA is
20460–0001. The Public Reading Room before December 18, 2018. Addresses for establishing the tolerance requested by
is open from 8:30 a.m. to 4:30 p.m., mail and hand delivery of objections the petitioner as Rapeseed subgroup
Monday through Friday, excluding legal and hearing requests are provided in 40 20A, to be consistent with the
holidays. The telephone number for the CFR 178.25(b). commodity terminology commonly used
amozie on DSK3GDR082PROD with RULES
Public Reading Room is (202) 566–1744, In addition to filing an objection or by the Agency.
and the telephone number for the OPP hearing request with the Hearing Clerk
Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please III. Aggregate Risk Assessment and
the visitor instructions and additional submit a copy of the filing (excluding Determination of Safety
information about the docket available any Confidential Business Information Section 408(b)(2)(A)(i) of FFDCA
at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket. allows EPA to establish a tolerance (the
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Document Created: 2018-10-19 01:25:22
Document Modified: 2018-10-19 01:25:22
| 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 final rule is effective on October 19, 2018. | |
| Contact | Crystal Ostigaard, Air Program, EPA, Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202- 1129, (303) 312-6602, [email protected], or Matthew Jentgen, Air Planning Unit, Office of Air and Waste (OAW-150), EPA, Region 10, 1200 Sixth Avenue, Suite 900, Seattle, Washington 98101; (206) 553- 0340; [email protected] | |
| FR Citation | 83 FR 52983 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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