[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Rules and Regulations]
[Pages 12508-12511]
[FR Doc No: 2019-04779]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0153; FRL-9990-86-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Amendment To Control of Emissions of Volatile Organic
Compounds From Consumer Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the State of Maryland's state implementation plan (SIP).
The State of Maryland's SIP revision pertains to Code of Maryland
Regulations (COMAR) 26.11.32--Control of Emissions of Volatile Organic
Compounds (VOCs) from Consumer Products. This action is being taken
under the Clean Air Act (CAA).

DATES: This final rule is effective on May 2, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0153. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
www.regulations.gov, or please contact the person identified in the For
Further Information Contact section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Mr. Gregory Becoat, Office of Air
Program Planning (3AP30), Air Protection Division, U.S. Environmental
Protection Agency, Region 3, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. The telephone number is<PHONE_NUMBER>. Mr. Becoat
can also be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: On November 16, 2017, the Maryland
Department of Environment (MDE) submitted a revision to its SIP for
COMAR 26.11.32--Control of Emissions of Volatile Organic Compounds from
Consumer Products. The amendment is part of Maryland's strategy to
achieve and maintain the 8-hour ozone national ambient air quality
standards (NAAQS) throughout the State.

I. Background

    EPA has designated certain areas within Maryland as nonattainment
for the 2008 ozone NAAQS. See 40 CFR 81.321. Also, all of Maryland is
included in the Ozone Transport Region (OTR) and is therefore treated
as a moderate nonattainment area for ozone. See CAA section 184(a),
(b)(2), 42 U.S.C. 7511c(a), (b)(2). Therefore, Maryland must continue
to enact regulations to gain further reductions of the emissions of
VOCs, a class of compounds that are precursors to ground-level ozone.
Ozone is formed in the atmosphere by photochemical reactions between
VOCs and oxides of nitrogen (NOX) in the presence of
sunlight. In order to reduce ozone concentrations, the CAA requires
control of VOC and NOX emission sources to achieve VOC and/
or NOX emission reductions in nonattainment areas.
    In December 1999, EPA identified emission reduction shortfalls in
several severe 1-hour ozone nonattainment areas, including those
located in the OTR. The Ozone Transport Commission (OTC) developed
model rules for a number of source categories. One of the model rules
was to reduce VOC emissions from consumer products. The OTC model rules
are based on existing rules developed by the California Air Resources
Board (CARB). The OTC

Model Rule for Consumer Products was first issued in March 28, 2001,
revised November 29, 2001, and April 23, 2002. Additional amendments
followed in 2006, 2010, and 2014. Maryland adopted the 2001 OTC model
rule for consumer products under COMAR 26.11.32--Control of Emissions
of Volatile Organic Compounds from Consumer Products, on August 18,
2003. EPA approved Maryland's adopted regulation COMAR 26.11.32 as part
of the SIP on December 8, 2004 (69 FR 70895). Maryland adopted the
amended 2006 OTC model rule for consumer products under COMAR
26.11.32--Control of Emissions of Volatile Organic Compounds from
Consumer Products, on June 8, 2007. EPA approved Maryland's amended
regulation into the SIP on December 10, 2007 (72 FR 69621). Maryland
again amended its consumer products regulation and on October 18, 2010
(75 FR 63717), EPA approved Maryland's SIP revision to COMAR 26.11.32--
Control of Emissions of Volatile Organic Compounds from Consumer
Products.

II. Summary of SIP Revision and EPA Analysis

    On November 16, 2017, Maryland submitted a SIP revision to amend
COMAR 26.11.32--Control of Emissions of Volatile Organic Compounds from
Consumer Products, in order to institute the requirements of the 2010
and 2014 OTC model rules for consumer products. The 2010 and 2014 model
rules were developed as part of a regional effort to attain and
maintain the 8-hour ozone NAAQS and reduce 8-hour ozone levels. The
2010 OTC model rule reflected changes made by the 2006 CARB rule. The
2014 OTC model rule reflected changes made by the 2009 CARB rule. The
OTC model rules further enhance VOC standards for specific consumer
products and introduces VOC standards for new products. Generally, the
amendments to COMAR 26.11.32--Control of Emissions of Volatile Organic
Compounds from Consumer Products regulations, established or amended
VOC content limits and standards for a variety of consumer product
categories, including personal care products, household products,
automotive cleaners, and adhesives, in order to be consistent with the
CARB and OTC model rules. More detailed information on these
provisions, as well as a detailed summary of EPA's review and rationale
for approving these SIP revisions, can be found in the notice of
proposed rulemaking (NPR) for this action which is available on line at
www.regulations.gov, Docket number EPA-R03-OAR-2018-0153.
    After evaluating the SIP revision submittal, EPA concluded that the
revisions made to COMAR 26.11.32--Control of Emissions of VOCs from
Consumer Products, meet the SIP revision requirements of the CAA. The
revision will continue to help Maryland attain and maintain the eight-
hour ozone standard for the 2008 NAAQS. On August 8, 2018 (83 FR
39009), EPA published a NPR for the State of Maryland SIP revision. EPA
received two comments, one which was a relevant adverse comment on the
NPR, noting that the CARB and the OTC model rules referenced in the NPR
were not in the docket on www.regulations.gov. As a result, EPA placed
the missing CARB and OTC model rules into the docket for this action on
August 16, 2018, and then published a supplemental NPR on November 26,
2018 (83 FR 57704), reopening the comment period for this action for
thirty days. EPA received two additional comments during the
supplemental NPR comment period. All comments received during the
initial public comment period and the supplemental NPR comment period
are addressed in Section III. Response to Comments of this rulemaking
action.

III. Response to Comments

    During the two comment periods, EPA received four anonymous
comments on the proposed rulemaking action. One comment generally
discussed air quality in China and India. EPA believes this comment is
not germane to this rulemaking and therefore no further response is
provided. Two comments were supportive of EPA's approval of the State
of Maryland's SIP revision and noted the air quality benefits of
approving the CARB and OTC model rules into Maryland's SIP. EPA thanks
those commenters and agrees that this SIP revision will have air
quality benefits in Maryland. The fourth comment, received during the
first public comment period, pointed out that the CARB and OTC
regulations were not in the docket for the rule, which EPA corrected by
issuing the supplemental NPR and, also, raised the comment discussed
below.
    Comment #1: The anonymous commenter stated: ``Are you or are you
not proposing to approve the hair styling gel category? The ``Proposed
Action'' section makes it sound like you are approving everything
except the hair styling gel category.''
    Response #1: EPA is approving the ``hair styling product--all other
forms'' category--which includes ``hair styling gel''--into the
Maryland SIP. As noted in the NPR published on August 8, 2018 (83 FR
39009), the 2006 CARB rule eliminated the ``hair styling gel'' category
and now considers gels to fall under ``hair styling product--all other
forms'' category. Considering hair styling gels to be part of the
``hair styling product--all other forms'' category resulted in a
reduction of the hair styling gels VOC limit from 6 to 2 percent VOC by
weight. The 2014 OTC model rule did not address the 2006 CARB rule
amendment for hair styling gels. However, MDE rectified this omission
in the 2014 OTC model rules when amending COMAR 26.11.32--Control of
Emissions of VOCs from Consumer Products, by moving the ``hair styling
gel'' category into the ``hair styling product--all other forms''
category. Placing hair styling gels into the ``hair styling product--
all other forms'' category reduces the VOC content to 2 percent VOC by
weight and makes the Maryland regulations consistent with the 2006 CARB
rules.

IV. Final Action

    EPA is approving the State of Maryland's November 16, 2017 SIP
revision submittal that adopts the VOC limits established in the 2010
and 2014 OTC model rules for consumer products.

V. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Maryland
rule discussed in section II of this preamble. EPA has made, and will
continue to make, these materials generally available through http://www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully Federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).

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VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a significant action under
Executive Order 12866.
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 3, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, which approves the State of Maryland's COMAR
26.11.32--Control of Emissions of Volatile Organic Compounds from
Consumer Products, may not be challenged later in proceedings to
enforce its requirements (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 4, 2019.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by:
0
a. Revising entries for ``<IP_ADDRESS>'', ``<IP_ADDRESS>'',
``<IP_ADDRESS>'', ``<IP_ADDRESS>'', and ``<IP_ADDRESS>'';
0
b. Adding an entry in numerical order for ``<IP_ADDRESS>-1''; and
0
c. Revising entries for ``<IP_ADDRESS>'', ``<IP_ADDRESS>'',
``<IP_ADDRESS>'', ``<IP_ADDRESS>'', and ``<IP_ADDRESS>''.
    The revisions and addition read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
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     Code of  Maryland                                   State                                   Additional
Administrative  Regulations      Title/subject         effective      EPA approval date    explanation/ citation
      (COMAR)  citation                                  date                                at 40 CFR 52.1100
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               26.11.32 Control of Emissions of Volatile Organic Compounds From Consumer Products
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<IP_ADDRESS>................  Applicability and          10/09/2017  4/2/2019, Insert       Revised.
                              Exemptions.                            Federal Register
                                                                     citation].

<IP_ADDRESS>................  Incorporation by           10/09/2017  4/2/2019, Insert       Revised.
                              Reference.                             Federal Register
                                                                     citation].
<IP_ADDRESS>................  Definitions..........      10/09/2017  4/2/2019, Insert       Revised. Previous
                                                                     Federal Register       Approval dated 12/10/
                                                                     citation].             2007.
<IP_ADDRESS>................  Standards--General...      10/09/2017  4/2/2019, Insert       Revised.
                                                                     Federal Register
                                                                     citation].
<IP_ADDRESS>................  Standards--Requiremen      10/09/2017  4/2/2019, Insert       Revised.
                              ts for Charcoal                        Federal Register
                              Lighter Materials.                     citation].
<IP_ADDRESS>-1..............  Requirements for           10/09/2017  4/2/2019, Insert       New Regulation.
                              Flammable and                          Federal Register
                              Extremely Flammable                    citation].
                              Multi-Purpose
                              Solvent and Paint
                              Thinner.
<IP_ADDRESS>................  Standards--Requiremen      10/09/2017  4/2/2019, Insert       Revised.
                              ts for Aerosol                         Federal Register
                              Adhesives.                             citation].

                                                  * * * * * * *
<IP_ADDRESS>................  Requirements for           10/09/2017  4/2/2019, Insert       Revised.
                              Contact Adhesives,                     Federal Register
                              Electronic Cleaners,                   citation].
                              Footwear, or Leather
                              Care Products, and
                              General Purpose
                              Cleaners.

                                                  * * * * * * *
<IP_ADDRESS>................  Innovative Products--      10/09/2017  4/2/2019, Insert       Revised.
                              Department Exemption.                  Federal Register
                                                                     citation].

                                                  * * * * * * *
<IP_ADDRESS>................  Reporting                  10/09/2017  4/2/2019, Insert       Revised.
                              Requirements.                          Federal Register
                                                                     citation].

                                                  * * * * * * *
<IP_ADDRESS>................  Test Methods.........      10/09/2017  4/2/2019, Insert       Revised.
                                                                     Federal Register
                                                                     citation].

                                                  * * * * * * *
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[FR Doc. 2019-04779 Filed 4-1-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Rules and Regulations]
[Pages 38033-38036]
[FR Doc No: 2011-16186]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2010-0980; FRL-8877-2]

Cloquintocet-mexyl; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation amends the established tolerance expression
for residues of cloquintocet-mexyl and its acid metabolite on wheat
forage, wheat grain, wheat hay, and wheat straw to cover residues in or
on these commodities when cloquintocet-mexyl is used as an inert
ingredient (safener) in pesticide formulations containing the active
ingredient, dicamba. BASF Corporation requested this tolerance
amendment under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective June 29, 2011. Objections and
requests for hearings must be received on or before August 29, 2011,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0980. All documents in the
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA.

The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket Facility telephone number
is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Bethany Benbow, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to those
engaged in the following activities:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather to
provide a guide for readers regarding entities likely to be affected by
this action. Other types of entities not listed in this unit could also
be affected. The North American Industrial Classification System
(NAICS) codes have been provided to assist you and others in
determining whether this action might apply to certain entities. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2010-0980 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
August 29, 2011. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket. Information not marked confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA without prior notice. Submit a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2010-0980, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of March 29, 2011 (76 FR 17374) (FRL-8867-
4), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
0E7781) by BASF Corporation, P.O. Box 13528, Research Triangle Park, NC
27709. The petition requested that 40 CFR 180.560 be amended by
expanding the tolerances therein to cover residues of the inert
ingredient (herbicide safener), cloquintocet-mexyl (acetic acid [(5-
chloro-8-quinolinyl) oxy]-, 1-methylhexyl ester; CAS Reg. No. 99607-70-
2), and its acid metabolite (5-chloro-8-quinolinoxyacetic acid) on
wheat forage, wheat grain, wheat hay, and wheat straw when used in
formulation with the active ingredient, dicamba. No numerical change to
the tolerances for the specific wheat commodities was sought. That
notice referenced a summary of the petition prepared by BASF
Corporation, the registrant, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the
notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue * *
*.''
    Consistent with section 408(b)(2)(D) of FFDCA, and the factors
specified in section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action. EPA has sufficient data to assess the hazards of and to
make a determination on aggregate exposure for cloquintocet-mexyl
including exposure resulting from the amended tolerances established by
this action. EPA's assessment of exposures and risks associated with
cloquintocet-mexyl follows.
    In the Federal Register of March 31, 2010 (75 FR 16017) (FRL-8816-
3), EPA issued a final rule that amended 40 CFR 180.560 by adding a
reference to the active ingredient, flucarbazone-sodium (wheat only).
When the Agency conducted the risk assessments supporting this
tolerance action, it assumed that 100% of wheat crops were treated with
cloquintocet-mexyl and that residues were present on all wheat
commodities at the tolerance levels. With these assumptions, exposure
to cloquintocet-mexyl did not exceed 1% of the acute Population
adjusted dose or chronic Population adjusted dose for the

most exposed population groups. Since this current action to amend the
tolerance expression of cloquintocet-mexyl does not involve a change in
the tolerance levels for wheat commodities, the toxicity database has
not changed, and exposure has already been assessed based on the
conservative assumption that all wheat is treated with cloquintocet-
mexyl and contains tolerance-level residues, EPA concludes that the
last risk assessment, described in its entirety in the March 31, 2010
final rule, is still applicable.
    Therefore, based on the risk assessment discussed in the final rule
published in the Federal Register of March 31, 2010, 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
cloquintocet-mexyl and its acid metabolite (5-chloro-8-
quinolinoxyacetic acid).

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology is available to enforce the
tolerance expression. The two enforcement methods are the High
Performance Liquid Chromatography with Ultraviolet Detection (HPLC/UV)
method REM 138.01 for determination of cloquintocet-mexyl (parent) and
the HPLC/UV Method REM 138.10 for determination of its acid metabolite.
These methods may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint U.N. Food and
Agriculture Organization/World Health Organization food standards
program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level. The Codex has not
established a MRL for cloquintocet-mexyl.

V. Conclusion

    Therefore, the previously established tolerance expression for
residues of cloquintocet-mexyl and its acid metabolite on wheat forage,
wheat grain, wheat hay, and wheat straw is amended as set forth in the
regulatory text.

VI. Statutory and Executive Order Reviews

    This final rule establishes tolerances under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this final rule has been
exempted from review under Executive Order 12866, this final rule is
not subject to Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any
special considerations under Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L. 104-4).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: June 21, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. Section 180.560 is amended by revising the introductory text in
paragraph (a) to read as follows:

Sec.  180.560  Cloquintocet-mexyl; tolerances for residues.

    (a) General. Tolerances are established for the combined residues
of cloquintocet-mexyl, (acetic acid [(5-chloro-8-quinolinyl)oxy]-,1-
methylhexyl ester; CAS Reg. No. 99607-70-2) and its

acid metabolite (5-chloro-8-quinolinoxyacetic acid), when used as an
inert ingredient (safener) in pesticide formulations containing the
active ingredients clodinafop-propargyl (wheat only), dicamba (wheat
only), flucarbazone-sodium (wheat only), pinoxaden (wheat or barley),
or pyroxsulum (wheat only) in or on the following food commodities:
* * * * *
[FR Doc. 2011-16186 Filed 6-28-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Rules and Regulations]
[Pages 23723-23724]
[FR Doc No: 2019-10725]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0625; FRL-9994-10-Region 5]

Air Plan Approval; Indiana; Volatile Organic Liquid Storage Tank
Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Indiana Administrative Code (IAC) rule entitled
``Volatile Organic Liquid Storage Vessels'' as part of Indiana's State
Implementation Plan (SIP). This rule has been revised to: Allow sources
to use an alternative inspection method to demonstrate compliance,
address an inconsistency in the language regarding the calculation of
maximum true vapor pressure, exempt sources complying with the National
Emission Standards for Hazardous Air Pollutants requirements for
storage tanks equipped with floating roofs, clarify language, update
references, correct certain errors, and address standard language and
style changes that have occurred over time since the rule was last
revised. EPA proposed to approve this rule on March 8, 2019 and
received no comments.

DATES: This final rule is effective June 24, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2018-0625. All documents in the docket are listed in
the http://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either through
http://www.regulations.gov or at the EPA Region 5 office (please
contact the person identified in the For Further Information Contact
section for availability information).

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Scientist, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. What is being addressed in this document?

    In this action, EPA is approving amended rule IAC 8-9 Volatile
Organic Liquid Storage Vessels as a revision to the Indiana SIP. As
discussed more fully in the March 8, 2019 proposed approval (84 FR
8491), the Indiana Department of Environmental Management (IDEM)
submitted this amended rule on August 20, 2018 and supplemented the
submittal on September 28, 2018 with an email clarifying the
interpretation of 326 IAC 8-9-6(i)(3). Specifically, the phrase ``For
other liquids,'' at the beginning of 326 IAC 8-9-6(i)(3), was
inadvertently retained. This phrase refers to former section 326 IAC 8-
9-6(i)(2) which has been deleted. IDEM clarified that this phrase will
be ignored when interpreting and/or implementing 326 IAC 8-9-6(i).

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period for the March 8,
2019, proposed rule. The comment period ended on April 8, 2019. We
received no comments on EPA's proposed action.

III. What action is EPA taking?

    EPA is approving revisions to Indiana's SIP pursuant to section 110
and part D of the Clean Air Act (CAA) because Indiana's August 20, 2018
submission of rule 326 IAC 8-9, as supplemented on September 28, 2018,
is consistent with the requirements of the CAA.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Regulations described in the amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov, and at the EPA Region
5 Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the State implementation plan, have been incorporated by reference by
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the CAA the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 22, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.

    Dated: May 14, 2019.
Cathy Stepp,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. In Sec.  52.770, the table in paragraph (c) is amended under
``Article 8. Volatile Organic Compound Rules'', under ``Rule 9.
Volatile Organic Liquid Storage Vessels:'' by revising the entries for
``8-9-1,'' ``8-9-2,'' ``8-9-3,'' ``8-9-4,'' ``8-9-5'' and ``8-9-6,'' to
read as follows:

Sec.  52.770   Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
                                                       Indiana
      Indiana citation               Subject          effective      EPA approval date             Notes
                                                         date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Article 8. Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Rule 9. Volatile Organic Liquid Storage Vessels:
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
8-9-1......................  Applicability.........    7/16/2018  5/23/2019, [insert
                                                                   Federal Register
                                                                   citation].
8-9-2......................  Exemptions............    7/16/2018  5/23/2019, [insert
                                                                   Federal Register
                                                                   citation].
8-9-3......................  Definitions...........    7/16/2018  5/23/2019, [insert
                                                                   Federal Register
                                                                   citation].
8-9-4......................  Standards.............    7/16/2018  5/23/2019, [insert
                                                                   Federal Register
                                                                   citation].
8-9-5......................  Testing and procedures    7/16/2018  5/23/2019, [insert
                                                                   Federal Register
                                                                   citation].
8-9-6......................  Record keeping and        7/16/2018  5/23/2019, [insert      Includes supplemental
                              reporting                            Federal Register        information provided
                              requirements.                        citation].              on 9/28/2018.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-10725 Filed 5-22-19; 8:45 am]
BILLING CODE 6560-50-P