3 percent oxygen, 3-
                                                                 run average; or (310
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
                                       b. Filterable PM (or     9.8E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (8.3E-    dscm per run.
                                                                 05 \a\ lb per MMBtu of
                                                                 heat input).
9. Suspension burners designed to      a. CO (or CEMS)........  2,400 ppm by volume on   1 hr minimum sampling
 burn biomass/bio-based solids.                                  a dry basis corrected    time.
                                                                 to 3 percent oxygen, 3-
                                                                 run average; or (2,000
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 10-
                                                                 day rolling average).
                                       b. Filterable PM (or     5.1E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (6.5E-    dscm per run.
                                                                 03 lb per MMBtu of
                                                                 heat input).
10. Dutch Ovens/Pile burners designed  a. CO (or CEMS)........  810 ppm by volume on a   1 hr minimum sampling
 to burn biomass/bio-based solids.                               dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (520
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 10-
                                                                 day rolling average).
                                       b. Filterable PM (or     3.6E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (3.9E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
11. Fuel cell units designed to burn   a. CO..................  910 ppm by volume on a   1 hr minimum sampling
 biomass/bio-based solids.                                       dry basis corrected to   time.
                                                                 3 percent oxygen.
                                       b. Filterable PM (or     2.0E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (2.9E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).

12. Hybrid suspension grate boiler     a. CO (or CEMS)........  1,500 ppm by volume on   1 hr minimum sampling
 designed to burn biomass/bio-based                              a dry basis corrected    time.
 solids.                                                         to 3 percent oxygen, 3-
                                                                 run average; or (900
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 30-
                                                                 day rolling average).
                                       b. Filterable PM (or     2.6E-02 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (4.4E-    dscm per run.
                                                                 04 lb per MMBtu of
                                                                 heat input).
13. Units designed to burn liquid      a. HCl.................  1.2E-03 lb per MMBtu of  For M26A: Collect a
 fuel.                                                           heat input.              minimum of 2 dscm per
                                                                                run; for M26, collect
                                                                                a minimum of 240
                                                                                liters per run.
                                       b. Mercury.............  4.9E-07 \a\ lb per       For M29, collect a
                                                                 MMBtu of heat input.     minimum of 4 dscm per
                                                                                run; for M30A or M30B,
                                                                                collect a minimum
                                                                                sample as specified in
                                                                                the method; for ASTM
                                                                                D6784 \b\collect a
                                                                                minimum of 4 dscm.
14. Units designed to burn heavy       a. CO (or CEMS)........  130 ppm by volume on a   1 hr minimum sampling
 liquid fuel.                                                    dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average; or (18
                                                                 ppm by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 10-
                                                                 day rolling average).
                                       b. Filterable PM (or     1.3E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (7.5E-    dscm per run.
                                                                 05 lb per MMBtu of
                                                                 heat input).
15. Units designed to burn light       a. CO (or CEMS)........  130 \a\ ppm by volume    1 hr minimum sampling
 liquid fuel.                                                    on a dry basis           time.
                                                                 corrected to 3 percent
                                                                 oxygen; or (60 ppm by
                                                                 volume on a dry basis
                                                                 corrected to 3 percent
                                                                 oxygen,\c\ 1-day block
                                                                 average)..
                                       b. Filterable PM (or     1.1E-03 \a\ lb per       Collect a minimum of 3
                                        TSM).                    MMBtu of heat input;     dscm per run.
                                                                 or (2.9E-05 lb per
                                                                 MMBtu of heat input).
16. Units designed to burn liquid      a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 fuel that are non-continental units.                            dry basis corrected to   time.
                                                                 3 percent oxygen, 3-
                                                                 run average based on
                                                                 stack test; or (91 ppm
                                                                 by volume on a dry
                                                                 basis corrected to 3
                                                                 percent oxygen,\c\ 3-
                                                                 hour rolling average).
                                       b. Filterable PM (or     2.3E-02 lb per MMBtu of  Collect a minimum of 2
                                        TSM).                    heat input; or (8.6E-    dscm per run.
                                                                 04 lb per MMBtu of
                                                                 heat input).
17. Units designed to burn gas 2       a. CO..................  130 ppm by volume on a   1 hr minimum sampling
 (other) gases.                                                  dry basis corrected to   time.
                                                                 3 percent oxygen.
                                       b. HCl.................  1.7E-03 lb per MMBtu of  For M26A, Collect a
                                                                 heat input.              minimum of 2 dscm per
                                                                                run; for M26, collect
                                                                                a minimum of 240
                                                                                liters per run.
                                       c. Mercury.............  7.9E-06 lb per MMBtu of  For M29, collect a
                                                                 heat input.              minimum of 3 dscm per
                                                                                run; for M30A or M30B,
                                                                                collect a minimum
                                                                                sample as specified in
                                                                                the method; for ASTM
                                                                                D6784 \b\collect a
                                                                                minimum of 3 dscm.
                                       d. Filterable PM (or     6.7E-03 lb per MMBtu of  Collect a minimum of 3
                                        TSM).                    heat input; or (2.1E-    dscm per run.
                                                                 04 lb per MMBtu of
                                                                 heat input).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit and you are not required
  to conduct testing for CEMS or CPMS monitor certification, you can skip testing according to Sec.   63.7515 if
  all of the other provision of Sec.   63.7515 are met. For all other pollutants that do not contain a footnote
  ``a'', your performance tests for this pollutant for at least 2 consecutive years must show that your
  emissions are at or below 75 percent of this limit in order to qualify for skip testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ An owner or operator may determine compliance with the carbon monoxide emissions limit using carbon dioxide
  as a diluent correction in place of oxygen as described in Sec.   63.7525(a)(1). EPA Method 19 F-factors in 40
  CFR part 60, appendix A-7, and EPA Method 19 equations in 40 CFR part 60, appendix A-7, must be used to
  generate the appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take
  into account that the 3% oxygen correction is to be done on a dry basis. The methodology must account for any
  CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection, scrubber
  media, etc. This methodology must be detailed in the site-specific monitoring plan developed according to Sec.
    63.7505(d).

0
26. Add Table 14 to subpart DDDDD of part 63 to read as follows:

 Table 14 to Subpart DDDDD of Part 63--Alternative Emission Limits for New or Reconstructed Boilers and Process
                                                   Heaters \c\
  [As stated in Sec.   63.7500, you may continue to comply with the following applicable emission limits until
            October 6, 2025: [Units with heat input capacity of 10 million Btu per hour or greater]]
----------------------------------------------------------------------------------------------------------------
                                                                           Or the emissions
                                                      The emissions must    must not exceed
                                                        not exceed the       the following        Using this
If your boiler or process heater   For the following  following emission  alternative output- specified sampling
  is in this  subcategory . . .    pollutants . . .     limits, except       based limits,       volume or test
                                                      during startup and     except during    run duration . . .
                                                        shutdown . . .        startup and
                                                                            shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories     a. HCl............  2.2E-02 lb per      2.5E-02 lb per      For M26A, collect
 designed to burn solid fuel..                         MMBtu of heat       MMBtu of steam      a minimum of 1
                                                       input.              output or 0.28 lb   dscm per run; for
                                                                           per MWh.            M26 collect a
                                                                                minimum of 120
                                                                                liters per run.

                                  b. Mercury........  8.0E-07 \a\ lb per  8.7E-07 \a\ lb per  For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 4 dscm
                                                       input.              output or 1.1E-05   per run; for M30A
                                                                           \a\ lb per MWh.     or M30B, collect
                                                                                a minimum sample
                                                                                as specified in
                                                                                the method; for
                                                                                ASTM D6784 \b\
                                                                                collect a minimum
                                                                                of 4 dscm.
2. Units designed to burn coal/   a. Filterable PM    1.1E-03 lb per      1.1E-03 lb per      Collect a minimum
 solid fossil fuel.                (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (2.3E-    output or 1.4E-02   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.7E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 2.9E-04
                                                                           lb per MWh).
3. Pulverized coal boilers        a. Carbon monoxide  130 ppm by volume   0.11 lb per MMBtu   1 hr minimum
 designed to burn coal/solid       (CO) (or CEMS).     on a dry basis      of steam output     sampling time.
 fossil fuel.                                          corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (320 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
4. Stokers/others designed to     a. CO (or CEMS)...  130 ppm by volume   0.12 lb per MMBtu   1 hr minimum
 burn coal/solid fossil fuel.                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (340 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
5. Fluidized bed units designed   a. CO (or CEMS)...  130 ppm by volume   0.11 lb per MMBtu   1 hr minimum
 to burn coal/solid fossil fuel.                       on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (230 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
6. Fluidized bed units with an    a. CO (or CEMS)...  140 ppm by volume   1.2E-01 lb per      1 hr minimum
 integrated heat exchanger                             on a dry basis      MMBtu of steam      sampling time.
 designed to burn coal/solid                           corrected to 3-     output or 1.5 lb
 fossil fuel.                                          percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (150 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3- percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
7. Stokers/sloped grate/others    a. CO (or CEMS)...  620 ppm by volume   5.8E-01 lb per      1 hr minimum
 designed to burn wet biomass                          on a dry basis      MMBtu of steam      sampling time.
 fuel.                                                 corrected to 3-     output or 6.8 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (390 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
                                  b. Filterable PM    3.0E-02 lb per      3.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (2.6E-    output or 4.2E-01   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.7E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 3.7E-04
                                                                           lb per MWh).
8. Stokers/sloped grate/others    a. CO.............  460 ppm by volume   4.2E-01 lb per      1 hr minimum
 designed to burn kiln-dried                           on a dry basis      MMBtu of steam      sampling time.
 biomass fuel.                                         corrected to 3-     output or 5.1 lb
                                                       percent oxygen.     per MWh.
                                  b. Filterable PM    3.0E-02 lb per      3.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (4.0E-    output or 4.2E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (4.2E-03 lb per
                                                                           MMBtu of steam
                                                                           output or 5.6E-02
                                                                           lb per MWh).
9. Fluidized bed units designed   a. CO (or CEMS)...  230 ppm by volume   2.2E-01 lb per      1 hr minimum
 to burn biomass/bio-based                             on a dry basis      MMBtu of steam      sampling time.
 solids.                                               corrected to 3-     output or 2.6 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (310 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
                                  b. Filterable PM    9.8E-03 lb per      1.2E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (8.3E-    output or 0.14 lb   run.
                                                       05 \a\ lb per       per MWh; or (1.1E-
                                                       MMBtu of heat       04 \a\ lb per
                                                       input).             MMBtu of steam
                                                                           output or 1.2E-03
                                                                           \a\ lb per MWh).
10. Suspension burners designed   a. CO (or CEMS)...  2,400 ppm by        1.9 lb per MMBtu    1 hr minimum
 to burn biomass/bio-based                             volume on a dry     of steam output     sampling time.
 solids.                                               basis corrected     or 27 lb per MWh;
                                                       to 3-percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or
                                                       (2,000 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 10-day
                                                       rolling average).
                                  b. Filterable PM    3.0E-02 lb per      3.1E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (6.5E-    output or 4.2E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (6.6E-03 lb per
                                                                           MMBtu of steam
                                                                           output or 9.1E-02
                                                                           lb per MWh).

11. Dutch Ovens/Pile burners      a. CO (or CEMS)...  330 ppm by volume   3.5E-01 lb per      1 hr minimum
 designed to burn biomass/bio-                         on a dry basis      MMBtu of steam      sampling time.
 based solids.                                         corrected to 3-     output or 3.6 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (520 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\d\ 10-day
                                                       rolling average).
                                  b. Filterable PM    3.2E-03 lb per      4.3E-03 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (3.9E-    output or 4.5E-02   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.2E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 5.5E-04
                                                                           lb per MWh).
12. Fuel cell units designed to   a. CO.............  910 ppm by volume   1.1 lb per MMBtu    1 hr minimum
 burn biomass/bio-based solids.                        on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.0E+01 lb per
                                                       percent oxygen.     MWh.
                                  b. Filterable PM    2.0E-02 lb per      3.0E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (2.9E-    output or 2.8E-01   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.1E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 4.1E-04
                                                                           lb per MWh).
13. Hybrid suspension grate       a. CO (or CEMS)...  1,100 ppm by        1.4 lb per MMBtu    1 hr minimum
 boiler designed to burn biomass/                      volume on a dry     of steam output     sampling time.
 bio-based solids.                                     basis corrected     or 12 lb per MWh;
                                                       to 3-percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or (900
                                                       ppm by volume on
                                                       a dry basis
                                                       corrected to 3-
                                                       percent
                                                       oxygen,\d\ 30-day
                                                       rolling average).
                                  b. Filterable PM    2.6E-02 lb per      3.3E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (4.4E-    output or 3.7E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 6.2E-03
                                                                           lb per MWh).
14. Units designed to burn        a. HCl............  4.4E-04 lb per      4.8E-04 lb per      For M26A: Collect
 liquid fuel.                                          MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 6.1E-03   dscm per run; for
                                                                           lb per MWh.         M26, collect a
                                                                                minimum of 240
                                                                                liters per run.
                                  b. Mercury........  4.8E-07 \a\ lb per  5.3E-07 \a\ lb per  For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 4 dscm
                                                       input.              output or 6.7E-06   per run; for M30A
                                                                           \a\ lb per MWh.     or M30B, collect
                                                                                a minimum sample
                                                                                as specified in
                                                                                the method; for
                                                                                ASTM D6784 \b\
                                                                                collect a minimum
                                                                                of 4 dscm.
15. Units designed to burn heavy  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average.        average.
                                  b. Filterable PM    1.3E-02 lb per      1.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (7.5E-    output or 1.8E-01   run.
                                                       05 \a\ lb per       lb per MWh; or
                                                       MMBtu of heat       (8.2E-05 \a\ lb
                                                       input).             per MMBtu of
                                                                           steam output or
                                                                           1.1E-03 \a\ lb
                                                                           per MWh).
16. Units designed to burn light  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per MWh.
                                                       percent oxygen.
                                  b. Filterable PM    1.1E-03 \a\ lb per  1.2E-03 \a\ lb per  Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (2.9E-    output or 1.6E-02   run.
                                                       05 lb per MMBtu     \a\ lb per MWh;
                                                       of heat input).     or (3.2E-05 lb
                                                                           per MMBtu of
                                                                           steam output or
                                                                           4.0E-04 lb per
                                                                           MWh).
17. Units designed to burn        a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel that are non-                             on a dry basis      of steam output     sampling time.
 continental units.                                    corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average based   average.
                                                       on stack test.
                                  b. Filterable PM    2.3E-02 lb per      2.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 4 dscm per
                                                       input; or (8.6E-    output or 3.2E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (9.4E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 1.2E-02
                                                                           lb per MWh).
18. Units designed to burn gas 2  a. CO.............  130 ppm by volume   0.16 lb per MMBtu   1 hr minimum
 (other) gases.                                        on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.0 lb per MWh.
                                                       percent oxygen.
                                  b. HCl............  1.7E-03 lb per      2.9E-03 lb per      For M26A, Collect
                                                       MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 1.8E-02   dscm per run; for
                                                                           lb per MWh.         M26, collect a
                                                                                minimum of 240
                                                                                liters per run.
                                  c. Mercury........  7.9E-06 lb per      1.4E-05 lb per      For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 8.3E-05   per run; for M30A
                                                                           lb per MWh.         or M30B, collect
                                                                                a minimum sample
                                                                                as specified in
                                                                                the method; for
                                                                                ASTM D6784 \b\
                                                                                collect a minimum
                                                                                of 3 dscm.

                                  d. Filterable PM    6.7E-03 lb per      1.2E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (2.1E-    output or 7.0E-02   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (3.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 2.2E-03
                                                                           lb per MWh).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provisions of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote ``a'', your performance tests for this pollutant for at least 2 consecutive
  years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip
  testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ If your affected source is a new or reconstructed affected source that commenced construction or
  reconstruction after June 4, 2010, and before April 1, 2013, you may comply with the emission limits in Table
  11, 12, or 13 to this subpart until January 31, 2016. On and after January 31, 2016, but before October 6,
  2025 you may comply with the emission limits in this Table 14. On and after October 6, 2025, you must comply
  with the emission limits in Table 1 to this subpart.
\d\ An owner or operator may determine compliance with the carbon monoxide emissions limit using carbon dioxide
  as a diluent correction in place of oxygen as described in Sec.   63.7525(a)(1). EPA Method 19 F-factors in 40
  CFR part 60, appendix A-7, and EPA Method 19 equations in 40 CFR part 60, appendix A-7, must be used to
  generate the appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take
  into account that the 3% oxygen correction is to be done on a dry basis. The methodology must account for any
  CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection, scrubber
  media, etc. This methodology must be detailed in the site-specific monitoring plan developed according to Sec.
    63.7505(d).

0
27. Add Table 15 to subpart DDDDD of part 63 to read as follows:

 Table 15 to Subpart DDDDD of Part 63--Alternative Emission Limits for Existing Boilers and Process Heaters \d\
 [As stated in Sec.   63.7500, you may continue to comply with following emission limits until October 6, 2025:
                     [Units with heat input capacity of 10 million Btu per hour or greater]]
----------------------------------------------------------------------------------------------------------------
                                                                          The emissions must
                                                      The emissions must    not exceed the
                                                        not exceed the         following          Using this
If your boiler or process heater   For the following  following emission  alternative output- specified sampling
  is in this subcategory . . .     pollutants . . .     limits, except       based limits,    volume or test run
                                                      during startup and     except during      duration . . .
                                                        shutdown . . .        startup and
                                                                            shutdown . . .
----------------------------------------------------------------------------------------------------------------
1. Units in all subcategories     a. HCl............  2.2E-02 lb per      2.5E-02 lb per      For M26A, Collect
 designed to burn solid fuel.                          MMBtu of heat       MMBtu of steam      a minimum of 1
                                                       input.              output or 0.27 lb   dscm per run; for
                                                                           per MWh.            M26, collect a
                                                                                minimum of 120
                                                                                liters per run.
                                  b. Mercury........  5.7E-06 lb per      6.4E-06 lb per      For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 7.3E-05   per run; for M30A
                                                                           lb per MWh.         or M30B, collect
                                                                                a minimum sample
                                                                                as specified in
                                                                                the method; for
                                                                                ASTM D6784 \b\
                                                                                collect a minimum
                                                                                of 3 dscm.
2. Units design to burn coal/     a. Filterable PM    4.0E-02 lb per      4.2E-02 lb per      Collect a minimum
 solid fossil fuel.                (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (5.3E-    output or 4.9E-01   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (5.6E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 6.5E-04
                                                                           lb per MWh).
3. Pulverized coal boilers        a. CO (or CEMS)...  130 ppm by volume   0.11 lb per MMBtu   1 hr minimum
 designed to burn coal/solid                           on a dry basis      of steam output     sampling time.
 fossil fuel.                                          corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (320 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
4. Stokers/others designed to     a. CO (or CEMS)...  160 ppm by volume   0.14 lb per MMBtu   1 hr minimum
 burn coal/solid fossil fuel.                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.7 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (340 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3- percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
5. Fluidized bed units designed   a. CO (or CEMS)...  130 ppm by volume   0.12 lb per MMBtu   1 hr minimum
 to burn coal/solid fossil fuel.                       on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average; or     average.
                                                       (230 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3- percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
6. Fluidized bed units with an    a. CO (or CEMS)...  140 ppm by volume   1.3E-01 lb per      1 hr minimum
 integrated heat exchanger                             on a dry basis      MMBtu of steam      sampling time.
 designed to burn coal/solid                           corrected to 3-     output or 1.5 lb
 fossil fuel.                                          percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (150 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).

7. Stokers/sloped grate/others    a. CO (or CEMS)...  1,500 ppm by        1.4 lb per MMBtu    1 hr minimum
 designed to burn wet biomass                          volume on a dry     of steam output     sampling time.
 fuel.                                                 basis corrected     or 17 lb per MWh;
                                                       to 3-percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or (720
                                                       ppm by volume on
                                                       a dry basis
                                                       corrected to 3-
                                                       percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
                                  b. Filterable PM    3.7E-02 lb per      4.3E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (2.4E-    output or 5.2E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.8E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 3.4E-04
                                                                           lb per MWh).
8. Stokers/sloped grate/others    a. CO.............  460 ppm by volume   4.2E-01 lb per      1 hr minimum
 designed to burn kiln-dried                           on a dry basis      MMBtu of steam      sampling time.
 biomass fuel.                                         corrected to 3-     output or 5.1 lb
                                                       percent oxygen.     per MWh.
                                  b. Filterable PM    3.2E-01 lb per      3.7E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (4.0E-    output or 4.5 lb    run.
                                                       03 lb per MMBtu     per MWh; or (4.6E-
                                                       of heat input).     03 lb per MMBtu
                                                                           of steam output
                                                                           or 5.6E-02 lb per
                                                                           MWh).
9. Fluidized bed units designed   a. CO (or CEMS)...  470 ppm by volume   4.6E-01 lb per      1 hr minimum
 to burn biomass/bio-based solid.                      on a dry basis      MMBtu of steam      sampling time.
                                                       corrected to 3-     output or 5.2 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (310 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3- percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
                                  b. Filterable PM    1.1E-01 lb per      1.4E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (1.2E-    output or 1.6 lb    run.
                                                       03 lb per MMBtu     per MWh; or (1.5E-
                                                       of heat input).     03 lb per MMBtu
                                                                           of steam output
                                                                           or 1.7E-02 lb per
                                                                           MWh).
10. Suspension burners designed   a. CO (or CEMS)...  2,400 ppm by        1.9 lb per MMBtu    1 hr minimum
 to burn biomass/bio-based solid.                      volume on a dry     of steam output     sampling time.
                                                       basis corrected     or 27 lb per MWh;
                                                       to 3-percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or
                                                       (2,000 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\c\ 10-day
                                                       rolling average).
                                  b. Filterable PM    5.1E-02 lb per      5.2E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (6.5E-    output or 7.1E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (6.6E-03 lb per
                                                                           MMBtu of steam
                                                                           output or 9.1E-02
                                                                           lb per MWh).
11. Dutch Ovens/Pile burners      a. CO (or CEMS)...  770 ppm by volume   8.4E-01 lb per      1 hr minimum
 designed to burn biomass/bio-                         on a dry basis      MMBtu of steam      sampling time.
 based solid.                                          corrected to 3-     output or 8.4 lb
                                                       percent oxygen, 3-  per MWh; 3-run
                                                       run average; or     average.
                                                       (520 ppm by
                                                       volume on a dry
                                                       basis corrected
                                                       to 3-percent
                                                       oxygen,\c\ 10-day
                                                       rolling average).
                                  b. Filterable PM    2.8E-01 lb per      3.9E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (2.0E-    output or 3.9 lb    run.
                                                       03 lb per MMBtu     per MWh; or (2.8E-
                                                       of heat input).     03 lb per MMBtu
                                                                           of steam output
                                                                           or 2.8E-02 lb per
                                                                           MWh).
12. Fuel cell units designed to   a. CO.............  1,100 ppm by        2.4 lb per MMBtu    1 hr minimum
 burn biomass/bio-based solid.                         volume on a dry     of steam output     sampling time.
                                                       basis corrected     or 12 lb per MWh.
                                                       to 3-percent
                                                       oxygen.
                                  b. Filterable PM    2.0E-02 lb per      5.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (5.8E-    output or 2.8E-01   run.
                                                       03 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (1.6E-02 lb per
                                                                           MMBtu of steam
                                                                           output or 8.1E-02
                                                                           lb per MWh).
13. Hybrid suspension grate       a. CO (or CEMS)...  3,500 ppm by        3.5 lb per MMBtu    1 hr minimum
 units designed to burn biomass/                       volume on a dry     of steam output     sampling time.
 bio-based solid.                                      basis corrected     or 39 lb per MWh;
                                                       to 3-percent        3-run average.
                                                       oxygen, 3-run
                                                       average; or (900
                                                       ppm by volume on
                                                       a dry basis
                                                       corrected to 3-
                                                       percent
                                                       oxygen,\c\ 30-day
                                                       rolling average).
                                  b. Filterable PM    4.4E-01 lb per      5.5E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (4.5E-    output or 6.2 lb    run.
                                                       04 lb per MMBtu     per MWh; or (5.7E-
                                                       of heat input).     04 lb per MMBtu
                                                                           of steam output
                                                                           or 6.3E-03 lb per
                                                                           MWh).
14. Units designed to burn        a. HCl............  1.1E-03 lb per      1.4E-03 lb per      For M26A, collect
 liquid fuel.                                          MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 1.6E-02   dscm per run; for
                                                                           lb per MWh.         M26, collect a
                                                                                minimum of 240
                                                                                liters per run.
                                  b. Mercury........  2.0E-06 lb per      2.5E-06 lb per      For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 2.8E-05   per run; for M30A
                                                                           lb per MWh.         or M30B collect a
                                                                                minimum sample as
                                                                                specified in the
                                                                                method, for ASTM
                                                                                D6784 \b\ collect
                                                                                a minimum of 2
                                                                                dscm.

15. Units designed to burn heavy  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average.        average.
                                  b. Filterable PM    6.2E-02 lb per      7.5E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 1 dscm per
                                                       input; or (2.0E-    output or 8.6E-01   run.
                                                       04 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (2.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 2.8E-03
                                                                           lb per MWh).
16. Units designed to burn light  a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel.                                          on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.4 lb per MWh.
                                                       percent oxygen.
                                  b. Filterable PM    7.9E-03 lb per      9.6E-03 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 3 dscm per
                                                       input; or (6.2E-    output or 1.1E-01   run.
                                                       05 lb per MMBtu     lb per MWh; or
                                                       of heat input).     (7.5E-05 lb per
                                                                           MMBtu of steam
                                                                           output or 8.6E-04
                                                                           lb per MWh).
17. Units designed to burn        a. CO.............  130 ppm by volume   0.13 lb per MMBtu   1 hr minimum
 liquid fuel that are non-                             on a dry basis      of steam output     sampling time.
 continental units.                                    corrected to 3-     or 1.4 lb per
                                                       percent oxygen, 3-  MWh; 3-run
                                                       run average based   average.
                                                       on stack test.
                                  b. Filterable PM    2.7E-01 lb per      3.3E-01 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of 2 dscm per
                                                       input; or (8.6E-    output or 3.8 lb    run.
                                                       04 lb per MMBtu     per MWh; or (1.1E-
                                                       of heat input).     03 lb per MMBtu
                                                                           of steam output
                                                                           or 1.2E-02 lb per
                                                                           MWh).
18. Units designed to burn gas 2  a. CO.............  130 ppm by volume   0.16 lb per MMBtu   1 hr minimum
 (other) gases.                                        on a dry basis      of steam output     sampling time.
                                                       corrected to 3-     or 1.0 lb per MWh.
                                                       percent oxygen.
                                  b. HCl............  1.7E-03 lb per      2.9E-03 lb per      For M26A, collect
                                                       MMBtu of heat       MMBtu of steam      a minimum of 2
                                                       input.              output or 1.8E-02   dscm per run; for
                                                                           lb per MWh.         M26, collect a
                                                                                minimum of 240
                                                                                liters per run.
                                  c. Mercury........  7.9E-06 lb per      1.4E-05 lb per      For M29, collect a
                                                       MMBtu of heat       MMBtu of steam      minimum of 3 dscm
                                                       input.              output or 8.3E-05   per run; for M30A
                                                                           lb per MWh.         or M30B, collect
                                                                                a minimum sample
                                                                                as specified in
                                                                                the method; for
                                                                                ASTM D6784 \b\
                                                                                collect a minimum
                                                                                of 2 dscm.
                                  d. Filterable PM    6.7E-03 lb per      1.2E-02 lb per      Collect a minimum
                                   (or TSM).           MMBtu of heat       MMBtu of steam      of three dscm per
                                                       input or (2.1E-04   output or 7.0E-02   run.
                                                       lb per MMBtu of     lb per MWh; or
                                                       heat input).        (3.5E-04 lb per
                                                                           MMBtu of steam
                                                                           output or 2.2E-03
                                                                           lb per MWh).
----------------------------------------------------------------------------------------------------------------
\a\ If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant
  for at least 2 consecutive years show that your emissions are at or below this limit, you can skip testing
  according to Sec.   63.7515 if all of the other provisions of Sec.   63.7515 are met. For all other pollutants
  that do not contain a footnote a, your performance tests for this pollutant for at least 2 consecutive years
  must show that your emissions are at or below 75 percent of this limit in order to qualify for skip testing.
\b\ Incorporated by reference, see Sec.   63.14.
\c\ An owner or operator may determine compliance with the carbon monoxide emissions limit using carbon dioxide
  as a diluent correction in place of oxygen as described in Sec.   63.7525(a)(1). EPA Method 19 F-factors in 40
  CFR part 60, appendix A-7, and EPA Method 19 equations in 40 CFR part 60, appendix A-7, must be used to
  generate the appropriate CO2 correction percentage for the fuel type burned in the unit, and must also take
  into account that the 3% oxygen correction is to be done on a dry basis. The methodology must account for any
  CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection, scrubber
  media, etc. This methodology must be detailed in the site-specific monitoring plan developed according to Sec.
    63.7505(d).
\d\ Before October 6, 2025 you may comply with the emission limits in this Table 15. On and after October 6,
  2025, you must comply with the emission limits in Table 2 to this subpart.

[FR Doc. 2022-19612 Filed 10-5-22; 8:45 am]
BILLING CODE 6560-50-P


EPA REGISTRATION DIVISION - COMPANY NOTICE OF FILING FOR PESTICIDE PETITION

Docket ID Number: EPA-HQ-OPP-2012-0204

EPA Registration Division contact: Sidney Jackson,<PHONE_NUMBER>

Interregional Research Project Number 4 (IR-4)

Pesticide Petition Number (PP#): 2E7988

	EPA has received a pesticide petition (PP), 2E7988 from IR-4,  500 College Road East, Suite 201W, Princeton, New Jersey, 08540, proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 by establishing a tolerance for residues of the combined residues of the insecticide imidacloprid, including its metabolites and degradates, in or on the following commodities:  Fish at 0.05 parts per million (ppm) and fish-shellfish, mollusc at 0.05 ppm.  EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of  FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petition.  Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

      1. Plant metabolism.  The nature of the imidacloprid residue in plants and livestock is adequately understood.  The residues of concern are combined residues of imidacloprid and it metabolites containing the 6-chloropyridinyl moiety, all calculated as imidacloprid.

	2. Analytical method.   Adequate enforcement methodologies, Bayer Gas Chromatography/Mass Spectrometry (GC/MS) Method 00200 and Bayer GC/MS Method 00191, is available to enforce the tolerance expression.  The methods may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755 - 5350; telephone number: (410) 305 - 2905; e-mail address<EMAIL_ADDRESS>	3. Magnitude of residues.  Three residue field trials were conducted in Washington.  Approximately 0.5 lb ai/A (TRT 02, granular formulation) or 2.0 lb ai/A (TRT 03, flowable formulation) was applied to the treated plots in one broadcast application of either Mallet 0.5G (TRT 02) or Mallet 2F (TRT 03).  Oyster meat samples were collected 84 to 86 days following the application.  Additional samples were collected from WA43 at approximately 30 and 60 days.  A storage stability analysis demonstrated that the analytes remained stable in frozen oyster meat.  No residues above the LLMV of 0.05 ppm were observed

B. Toxicological Profile

	1. A summary of the toxicological endpoints for imidacloprid used for human risk assessment can be found at http://www.regulations.gov in document ``Imidacloprid: Human-Health Risk Assessment,'' pages 16 - 17 in docket ID number EPA - HQ - OPP - 2008 - 0772.

C. Aggregate Exposure

	1. Dietary exposure.  In the Federal Register of April 28, 2010 (FRL-8818-5), EPA evaluated the dietary exposure to imidacloprid.  EPA considered exposure under the petitioned-for tolerances as well as all existing imidacloprid tolerances in (40CFR 180.472). EPA assessed dietary exposures from imidacloprid in food as follows:
      i. Acute exposure.  Quantitative acute dietary exposure and risk assessments are performed for a food-use pesticide, if a toxicological study has indicated the possibility of an effect of concern occurring as a result of a 1 - day or single exposure.  In estimating acute dietary exposure, EPA used food consumption information from the United States Department of Agriculture (USDA) 1994 - 1996 and 1998 Nationwide Continuing Surveys of Food Intake by Individuals (CSFII).  As to residue levels in food, EPA conducted an unrefined, acute dietary exposure assessment using tolerance-level residues and  assuming 100% crop treated (CT) for all registered and  proposed commodities for the general U.S. population and  various population subgroups.
      ii. Chronic exposure.  In conducting the chronic dietary exposure assessment EPA used the food consumption data from the USDA 1994 - 1996 and 1998 CSFII. As to residue levels in food, EPA conducted a partially refined, chronic dietary exposure assessment using tolerance-level residues for all registered and proposed commodities and percent crop treated (PCT) for some registered commodities.
      iii. Cancer.  A cancer exposure assessment was not performed because imidacloprid is not carcinogenic.  On November 11, 1993, the Agency classified imidacloprid as a Group E chemical, ``Evidence of non- carcinogenicity for humans,'' by all routes of exposure based upon lack of evidence of carcinogenicity in rats and mice.

	i. Percent crop treated (PCT) Information.  Section 408(b)(2)(F) of FFDCA states that  the Agency may use data  on the actual percent of food treated for assessing chronic dietary risk only if:
      :: Condition a: The data used are reliable and provide a valid basis to show what percentage of the food derived from such crop is likely to contain the pesticide residue.
      :: Condition b: The exposure estimate does not underestimate exposure for any significant subpopulation group.
      :: Condition c: Data are available on pesticide use and food consumption in a particular area, the exposure estimate does not understate exposure for the population in such area.
      In addition, the Agency must provide for periodic evaluation of any estimates used. To provide for the periodic evaluation of the estimate of PCT as required by FFDCA section 408(b)(2)(F), EPA may require registrants to submit data  on PCT.
      The Agency used PCT information as follows:

                                   Commodity
                       Average percent Crop Treated Data
Almonds.....................
                                                                          <1
Apples.......................
                                                                             25
Artichoke...................
                                                                              5
Avocados...................
                                                                          <1
Blueberry...................
                                                                             10
Broccoli.....................
                                                                             50
Cabbage....................
                                                                             20
Cantaloupe................
                                                                             40
Cauliflower................
                                                                             50
Celery.......................
                                                                             10
Cherries.....................
                                                                             10
Cotton......................
                                                                             10
Cucumbers................
                                                                              5
Eggplant...................
                                                                             35
Field corn..................
                                                                        <2.5
Filberts (hazelnuts)......
                                                                          <1
Grapefruit.................
                                                                             10
Grapes......................
                                                                             30
Honeydew..................
                                                                             30
Lemons.....................
                                                                              5
Lettuce......................
                                                                             65
Oranges.....................
                                                                             10
Peaches......................
                                                                              5
Pears.........................
                                                                              5
Pecans........................
                                                                             10
Peppers......................
                                                                             30
                                   Commodity
                       Average percent Crop Treated Data
Potatoes.....................
                                                                             35
Prunes.......................
                                                                          <1
Pumpkin...................
                                                                             10
Soybeans...................
                                                                          <1
Spinach.....................
                                                                             20
Squash......................
                                                                             10
Strawberries...............
                                                                             10
Sugar beets................
                                                                          <1
Sweet corn.................
                                                                          <1
Tangerines.................
                                                                              5
Tobacco....................
                                                                             20
Tomatoes...................
                                                                             15
Walnuts.....................
                                                                          <1
Watermelon................
                                                                             15

      In most cases, EPA uses available data from the United States Department of Agriculture/National Agricultural Statistics Service (USDA/NASS), proprietary market surveys, and the National Pesticide Use Database for the chemical/crop combination for the most recent 6 years.  EPA uses an average PCT for chronic dietary risk analysis.  The average PCT figure for each existing use is derived by combining available public and private market survey data for that use, averaging across all observations, and rounding to the nearest 5%, except for those situations in which the average PCT is less than one.  In those cases, 1% is used as the average PCT and 2.5% is used as the maximum PCT.  EPA uses a maximum PCT for acute dietary risk analysis.  The maximum PCT figure  is the highest observed maximum value reported within the recent 6 years of available public and private market survey data for the existing use and  rounded up to the nearest multiple of 5%.
      The Agency believes that the three conditions discussed in Unit III.C.1.iv.
have been met.  With respect to Condition a, PCT estimates are derived from Federal and private market survey data, which are reliable and have a valid basis.  The Agency is reasonably certain that the percentage of the food treated is not likely to be an underestimation.  As to Conditions b and c, regional consumption information and consumption information for significant subpopulations is taken into account through EPA's computer-based model for evaluating the exposure of significant subpopulations including several regional groups.  Use of this consumption information in EPA's risk assessment process ensures that EPA's exposure estimate does not understate exposure for any significant subpopulation group and allows the Agency to be reasonably certain that no regional population is exposed to residue levels higher than those estimated by the Agency.  Other than the data available through national food consumption surveys, EPA does not have available reliable information on the regional consumption of food to which imidacloprid may be applied in a particular area.

	ii. Drinking water.  The Agency used screening level water exposure models in the dietary exposure analysis and risk assessment for imidacloprid in drinking water.  These simulation models take into account data on the physical, chemical, and fate/transport characteristics of imidacloprid.  Further information regarding EPA drinking water models used in pesticide exposure assessment can be found at http://www.epa.gov/ oppefed1/models/water/index.htm.  Based on the First Index Reservoir Screening Tool (FIRST) and Screening Concentration in Ground Water (SCI- GROW) models, the estimated drinking water concentrations (EDWCs) of imidacloprid for acute exposures are estimated to be 36.0 parts per billion (ppb) for surface water and 2.09 ppb for ground water.  Modeled estimates of drinking water concentrations were directly entered into the dietary exposure model.  For acute dietary risk assessment, the water concentration value of 36.0 ppb was used to assess the contribution to drinking water.  For chronic dietary risk assessment, the water concentration of value 17.2 ppb was used to assess the contribution to drinking water.

	2. Non-dietary exposure.  The term ``residential exposure'' is used in this document to refer to non- occupational, non-dietary exposure (e.g., for lawn and garden pest control, indoor pest control, termiticides, and flea and  tick control on pets).  Imidacloprid is currently registered for the following uses that could result in residential exposures:  Indoor and outdoor ornamental plantings, ornamental lawns and turf, pre- and post-construction termiticide applications, spot-on treatments for dogs and cats, and crack and crevice treatments.  Additionally, it is registered for use on mattresses for bed bug control.  EPA assessed residential exposure using the assumption that residential pesticide handlers (i.e., persons who might mix, load and, or apply a pesticide material) could be exposed to several formulations that contain imidacloprid.  The Agency also assessed post-application exposure for adults and children contacting surfaces, foliage, or pets that were treated with imidacloprid.  Residential exposures are expected to be short-term (i.e., 1 to 30 days) or intermediate-term (1 to 6 months) based upon the pest spectra, sites of application, methods of application, formulations and the retreatment intervals. Since the indoor crack and crevice and mattress scenarios resulted in the highest potential exposures, these assessments are protective of all residential exposures from imidacloprid.

      3. Cumulative Effects  EPA has not found imidacloprid to share a common mechanism of toxicity with any other substances, and imidacloprid does not appear to produce a toxic metabolite produced by other substances.  For the purposes of this tolerance action, therefore, EPA has assumed that imidacloprid does not have a common mechanism of toxicity with other substances.  For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's website at http:// www.epa.gov/pesticides/cumulative.

D. Safety Determination

	1. Infants and Children.
      1. In general.  In the Federal Register of April 28, 2010 (FRL-8818-5), the EPA specified that Section 408(b)(2)(C) of FFDCA provides that  EPA shall apply an additional tenfold (10X) margin of safety for infants and  children in the case of threshold effects to account for prenatal and  postnatal toxicity and the completeness of the database on toxicity and  exposure unless EPA determines based on reliable data that a different margin of safety will  be safe for infants and children.  This additional margin of safety is commonly referred to as the FQPA SF. In applying this provision, EPA either retains the default value of 10X, or uses a different additional safety factor when reliable data available to EPA support the choice of a different factor.
      2. Prenatal and postnatal sensitivity.  There was no quantitative or qualitative evidence of increased susceptibility of rat and rabbit fetuses to in utero exposure in developmental studies.  There was no quantitative or qualitative evidence of increased susceptibility of rat offspring in the multi-generation reproduction study.  There was evidence of increased qualitative susceptibility in the rat developmental neurotoxicity study; however, the concern is low for the following reasons:
      i. The effects in pups are well characterized with a clear NOAEL;
      ii. The pup effects occur in the presence of maternal toxicity with the same NOAEL for effects in both pups and dams; and
      iii. The doses and endpoints selected for regulatory purposes are protective of the pup effects noted at higher doses in the developmental neurotoxicity study. Therefore, there are no residual uncertainties for prenatal/postnatal toxicity in this study.
      3. Conclusion.  EPA has determined that reliable data show the safety of infants and children would be adequately protected if the FQPA SF were reduced to 1X for all exposure scenarios, except acute dietary (all populations).  That decision is based on the following findings:
      i. The toxicological database for imidacloprid is complete, with the exception of an immunotoxicity study.
      ii. The toxicology database for imidacloprid does not show any evidence of treatment-related effects on the immune system.  The overall weight of evidence suggests that this chemical does not directly target the immune system.  An immunotoxicity study is required as a part of new data requirements in 40 CFR part 158 for conventional pesticide registration; however, the Agency does not believe that conducting a functional immunotoxicity study will result in a lower POD than that  currently used for overall risk assessment.  Therefore, a database uncertainty factor (UFDB) is not needed to account for lack of this study.
      iii. There is no evidence that imidacloprid results in increased susceptibility in utero to rats or rabbits in the prenatal developmental studies or in offspring in the 2 - generation reproduction study.
      iv. A developmental neurotoxicity study was performed with imidacloprid and well-defined NOAELs were achieved in the study.
      v. There was evidence of increased qualitative susceptibility in the rat developmental neurotoxicity study; however, the concern is low for reasons stated above.
      vi. There are no residual uncertainties for prenatal/postnatal toxicity.
      vii. The acute dietary food exposure assessment utilizes existing and proposed tolerance-level residues and 100% CT information for all commodities.  By using these screening- level assessments, actual exposures/ risks will not be underestimated.
      viii. The chronic food exposure assessment utilizes and proposed tolerance-level residues and %CT data for several existing uses.  For all proposed uses, 100% CT is assumed.  The chronic assessment is somewhat refined and based on reliable data and will not underestimate exposure/risk.
      ix. The dietary drinking water assessment utilizes water concentration values generated by model and associated modeling parameters which are designed to provide estimates of water concentrations which will not likely be exceeded.
      x. The residential handler assessment is based upon the residential standard operating procedures (SOPs) in conjunction with chemical-specific study data in some cases and Pesticide Handler Exposure Database (PHED) unit exposures in other cases.  The majority of the residential post-application assessment is based upon chemical-specific Turf Transfer Residue (TTR) data or other chemical-specific post-application exposure study data.  The chemical-specific study data as well as the surrogate study data used are reliable and also are not expected to underestimate risk to adults as well as to children.  In a few cases where chemical-specific data were not available, the SOPs were used alone.  The residential SOPs are based upon reasonable ``worst-case'' assumptions and are not expected to underestimate risk.  These assessments of exposure are not likely to underestimate the resulting estimates of risk from exposure to imidacloprid.
      A 3X FQPA SF was retained in the form of a UFL (uncertainty factor due to extrapolation from a LOAEL in the absence of a NOAEL) for the acute dietary (all populations) exposure scenario only, since a NOAEL was not observed in the relevant study for that exposure scenario (acute neurotoxicity study in rats).  A 3X uncertainty factor was judged to be adequate (as opposed to a 10X) for the following reasons:
      1. The LOAEL (42 mg/kg) is comparable to the LOAELs seen in adults in the developmental rat study (30 mg/kg/day) and the 2 - generation reproduction study [47/52 milligrams/ kilograms/day (mg/kg/day) (male/ female)] and in the offspring in the DNT study (55 mg/kg/day);
      2. The extrapolated NOAEL of 14 mg/kg (42/3 = 14) is comparable to the NOAEL of 20 mg/kg/day established in the offspring in the DNT; and,
      3. The neurotoxic effects in this study showed a good dose response which resulted in minimal effects on motor activity and locomotor activity at the LOAEL.

E. Safety Determination

      In the Federal Register of April 28, 2010 (FRL-8818-5), the EPA specified that EPA determines whether acute and chronic pesticide exposures are safe by comparing aggregate exposure estimates to the aPAD and cPAD.  The aPAD and cPAD represent the highest safe exposures, taking into account all appropriate SFs. EPA calculates the aPAD and cPAD by dividing the POD by all applicable UFs.  For linear cancer risks, EPA calculates the probability of additional cancer cases given the estimated aggregate exposure.  Short-, intermediate, and chronic-term risks are evaluated by comparing the estimated aggregate food, water, and residential exposure to the POD to ensure that the MOE called for by the product of all applicable UFs is not exceeded.
      1. Acute risk.  An acute aggregate risk assessment takes into account exposure estimates from acute dietary consumption of food and drinking water.  No adverse effect resulting from a single-oral exposure was identified and no acute dietary endpoint was selected.  Therefore, imidacloprid is not expected to pose an acute risk.  Using the exposure assumptions discussed in this unit for acute exposure, the acute dietary exposure from food and water to imidacloprid will occupy 70% of the aPAD for (children 1 to 2 years old) the population group receiving the greatest exposure.
      2. Chronic risk.  Using the exposure assumptions described in this unit for chronic exposure, EPA has concluded that chronic exposure to imidacloprid from food and  water will  utilize 32%  of the cPAD for (children 1 to 2 years  old) the population group receiving the greatest exposure.  Based on the explanation in Unit III.C.3., regarding residential use patterns, chronic residential exposure to residues of imidacloprid is not expected.
      3. Short-term risk.  Short-term aggregate exposure takes into account short-term residential exposure plus chronic exposure to food and  water (considered to be a background exposure level).  Imidacloprid is currently registered for crack and  crevice uses  and  bed bug uses  that  could result in short-term residential exposure and  the Agency has determined that  it is appropriate to aggregate chronic exposure through food and  water with short-term residential exposures to imidacloprid.  Using the exposure assumptions described in Unit III.C.3. for short-term exposures, EPA has concluded the combined short-term food, water, and residential exposures aggregated result in aggregate MOEs of 430 for adults and 170 for children.  Toddlers' residential short-term aggregate exposure includes dermal and inhalation exposure from the crack and crevice uses, dermal exposure from the bed-bug uses, and incidental oral exposure from hand-to-mouth contact with treated surfaces.  Adult short-term aggregate exposure includes dermal and inhalation exposure from indoor crack and crevice uses, and dermal exposure from the bed-bug uses.  These exposures were higher than those calculated for all other residential uses of imidacloprid.  Therefore, the crack and crevice and bed bug treatment exposure estimates were aggregated with the chronic dietary to provide a worst-case estimate of short- term aggregate risk for the U.S. population and children 1 to 2 years old.  The combined short-term residential MOEs for these scenarios were 580 for adults and 240 for children.
      4. Intermediate-term risk. Intermediate-term aggregate exposure takes into account intermediate-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level).
      Imidacloprid is currently registered for crack  and  crevice uses  and  bed bug uses  that  could result in intermediate- term  residential exposure and  the Agency has determined that  it is appropriate to aggregate chronic exposure through food and  water with intermediate-term residential exposures to imidacloprid.
      Using the exposure assumptions described in Unit III.C.3. for short-term exposures, EPA has concluded the combined short-term food,  water, and residential exposures aggregated result in aggregate MOEs of 400 for adults and 150 for children.  Toddlers' residential intermediate-term aggregate exposure includes dermal and inhalation exposure from the crack and crevice uses, dermal exposure from the bed-bug uses, and incidental oral exposure from hand-to-mouth contact with treated surfaces.  Adult intermediate-term aggregate exposure includes dermal and inhalation exposure from indoor crack and crevice uses, and dermal exposure from the bed-bug uses.  These exposures were higher than those calculated for all other residential uses of imidacloprid.  Therefore, the crack and crevice and bed bug treatment exposure estimates were aggregated with the chronic dietary exposure to provide a worst-case estimate of intermediate-term aggregate risk for the U.S. population and children 1 to 2 years old.  The combined intermediate-term residential MOEs for these scenarios were 540 for adults and 260 for children.
      5. Aggregate cancer risk for U.S. population.  Based on the lack of evidence of carcinogenicity in mice and rats at doses that were judged to be adequate to assess the carcinogenic potential, imidacloprid was classified as ``not likely to be carcinogenic to humans,'' and is not expected to pose a cancer risk to humans. Therefore, a quantitative cancer risk assessment is not needed.
      6. Determination of safety. Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, or to infants and children from aggregate exposure to imidacloprid residues.

F. International Tolerances

      There are no established Mexican, Canadian or Codex maximum residue limits (MRLs) for the proposed new uses.