[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Proposed Rules]
[Pages 62771-62774]
[FR Doc No: 2018-26475]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2017-0094; FRL-9987-49-Region 2]

Approval and Promulgation of Implementation Plans: New York Ozone
Section 185

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the State of New York's Low Emissions Vehicle program as an
alternative program to fulfill the Clean Air Act Section 185
requirement for the New York portion of the New York-Northern New
Jersey-Long Island, NY-NJ-CT nonattainment area for the revoked 1979 1-
hour ozone National Ambient Air Quality Standard. Clean Air Act Section
185 requires fees to be paid, per ton of emissions, by major sources
located in ozone nonattainment areas classified as Severe or Extreme
that have failed to attain the National Ambient Air Quality Standard by
the required attainment date. The EPA is proposing to find that New
York's Low Emissions Vehicle program is no less stringent than a Clean
Air Act Section 185 fee program because the emissions reductions
achieved by the Low Emissions Vehicle program are at least equivalent
to reductions associated with a 185 fee program.

DATES: Comments must be received on or before January 7, 2019.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2017-0094 at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information or
other information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Gavin Lau, Environmental Protection
Agency, 290 Broadway, 25th Floor, New York, NY 10007-1866, (212) 637-
3708, or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. What Action is the EPA proposing?
II. What is the background for the proposed action?
III. What did New York Submit?
IV. What is New York's alternative to the Clean Air Act Section 185
fee program?
V. What is the EPA's analysis of the alternative to Clean Air Act
Section 185 fee program?
VI. What action is the EPA taking?
VII. Statutory and Executive Order Reviews

I. What Action is the EPA proposing?

    The EPA is proposing to approve into the State of New York's State
Implementation Plan (SIP) the use of an alternative program to fulfill
the requirements of Clean Air Act (CAA) Section 185 for the New York
(NY) portion of the New York-Northern New Jersey-Long Island, NY-NJ-CT
(NY-NJ-CT) nonattainment area for the 1979 1-hour ozone National
Ambient Air Quality Standard (NAAQS). NY's Low Emissions Vehicle
program (LEV) was updated and adopted as LEV II in 2000 and further
revised in 2002. The LEV II program was fully phased in as of the 2007
vehicle model year and resulted in excess emissions reductions. The EPA
is proposing to approve the LEV II program as an equivalent alternative
program no less stringent than the program required by CAA Section 185
consistent with the principles of CAA Section 172(e).

II. What is the background for the proposed action?

1979 1-Hour Ozone NAAQS

    The 1-hour ozone standard designations were established by the EPA
following the CAA Amendments in 1990. Each area of the country that was
designated as nonattainment for the 1-hour ozone NAAQS was classified
by operation of law as marginal, moderate, serious, severe, or extreme
depending on the severity of the area's 1-hour ozone air quality
problem.\1\ The 1-hour ozone NAAQS was set at 0.12 parts per million
(ppm). The NY-NJ-CT area was designated as nonattainment and classified
as severe-17 with an attainment date of November 15, 2007. The 1-hour
NY-NJ-CT area is composed of: Bergen, Essex, Hudson, Hunterdon,

Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, and
Union Counties in New Jersey; Bronx, Kings, Nassau, New York, Queens,
Richmond, Rockland, Suffolk, Westchester, and part of Orange County in
New York; and parts of Fairfield and Litchfield Counties in
Connecticut.
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    \1\ See Clean Air Act sections 107(d)(C) and 181(a).
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    The EPA revoked the 1-hour ozone standard effective June 15, 2005
(69 FR 23951). The EPA still determines whether an area has attained
the 1-hour ozone NAAQS by its applicable deadline if it relates to
effectuating anti-backsliding requirements that have been specifically
retained.
    In a June 18, 2012 rulemaking, the EPA determined that the NY-NJ-CT
1-hour ozone nonattainment area failed to attain the 1-hour ozone NAAQS
by its applicable attainment deadline of November 15, 2007, based on
complete, quality assured and certified ozone monitoring data for 2005-
2007. See 77 FR 36163 (June 19, 2012). This determination of failure to
attain by the NY-NJ-CT attainment date, triggered the provisions of CAA
Section 185. In the determination of failure to attain by the NY-NJ-CT
attainment date, the EPA indicated that it would address CAA Section
185 fee programs in a future rulemaking.
    In the same June 18, 2012 rulemaking, the EPA determined that the
NY-NJ-CT 1-hour ozone nonattainment area attained the 1-hour ozone
NAAQS based on complete, quality assured, and certified monitoring data
for 2008-2010 (77 FR 36163). Current complete, quality assured, and
certified monitoring data for the most recent time period of 2015-2017
continues to show that the NY-NJ-CT area continues to attain the 1-hour
ozone NAAQS.

Clean Air Act Section 185

    CAA Section 185 fee program requirements apply to ozone
nonattainment areas classified as Severe or Extreme that fail to attain
by the required attainment date. CAA Section 185 requires each major
stationary source of volatile organic compounds (VOC) located in an
area that fails to attain by its attainment date to pay a fee to the
state, for each calendar year following the attainment year, for each
ton it emits in excess of 80 percent of the baseline amount. CAA
Section 182(f) extends the application of this provision to major
stationary sources of oxides of nitrogen (NOX). In 1990, the
CAA set the fee as $5,000 per ton of VOC and NOX emitted,
which is adjusted for inflation, based on the Consumer Price Index, on
an annual basis.

Applicability of CAA Section 185 to the NY-NJ-CT area

    As discussed above, the NY-NJ-CT 1-hour ozone nonattainment area
failed to attain the 1-hour ozone NAAQS by its attainment date of
November 15, 2007 (77 FR 36163). As a result, the requirements of CAA
Section 185 are applicable to the area, starting in calendar year 2008.
The NY-NJ-CT area was determined to attain the 1-hour ozone NAAQS for
2008-2010 (77 FR 36163).

CAA Section 185 Equivalent Alternative Programs

    CAA Section 172(e) provides that when the Administrator relaxes a
NAAQS, the EPA must ensure that all areas which have not attained that
NAAQS maintain ``controls which are not less stringent than the
controls applicable to areas designated nonattainment before such
relaxation.'' Although Section 172(e) does not apply directly to
supplanting one NAAQS with a stronger standard, the EPA has applied the
principles of CAA Section 172(e) following revocation of ozone
standards. The EPA interprets the principles of 172(e) as authorizing
the Administrator to approve on a case-by-case basis and through
rulemaking to accept alternatives to the applicable CAA Section 185 fee
programs associated with a revoked ozone NAAQS that are ``not less
stringent.'' See generally 80 FR 12264, 12306 (March 6, 2015).
    The EPA notes that it has previously approved alternative programs
as not less stringent than the requirements of CAA Section 185 fee
programs, consistent with the principles of CAA Section 172(e). See,
e.g., 77 FR 50021 (August 20, 2012) (CAA Section 185 alternative for
the San Joaquin Valley Unified Air Pollution Control District); 77 FR
74372 (December 14, 2012) (CAA Section 185 alternative for the South
Coast Air Quality Management District); see also Natural Res. Def.
Council v. EPA, 779 F.3d 1119 (9th Cir. 2015) (denying petition to
review the approval of alternative programs ``[b]ecause EPA reasonably
interpreted CAA Sec.  172(e) to give it authority to approve programs
that are alternative to, but not less stringent than, Sec.  185 fee
programs, EPA's approval of . . . such an alternative program, after
reasoned consideration and notice and comment procedure regarding [the
rule's] stringency and approach to fee collecting, was proper.'').
    Consistent with the principles of CAA Section 172(e), a state can
meet the 1-hour ozone Section 185 obligation through either the fee
program prescribed in Section 185 of the CAA or an equivalent
alternative program, if the state demonstrates that the alternative is
not less stringent than the otherwise applicable Section 185 fee
program and the EPA approves such demonstration after notice and
comment rulemaking. In this action, the EPA is proposing that the State
of New York's Low Emission Vehicle program (LEV II) constitutes an
approvable alternative CAA Section 185 fee program and invites public
comment on this determination.

III. What did New York submit?

    On January 31, 2014, the New York State Department of Environmental
Conservation (NYSDEC) submitted a request on behalf of the State of New
York to the EPA to determine that the State's LEV II program is an
equivalent alternate program to the program required under CAA Section
185. On April 7, 2014, NYSDEC submitted a letter to the EPA which
included the State's Environmental Notice Bulletin and public comment
received on the State's CAA Section 185 submission to the EPA. NYSDEC's
submissions included demonstrations of emissions reductions associated
with NY's LEV II program, calculation of reductions needed to fulfill
the requirements of CAA Section 185, examples of additional VOC and
NOX control measures, a copy of the public notice, and the
supportive comment that was received during the state's public
participation process. On October 13, 2016, NYSDEC submitted a letter
to the EPA providing additional details clarifying LEV II reductions.
On April 3, 2018, NYSDEC submitted additional information to the EPA
which included an analysis of actual and allowable emissions for
facilities located in the NY portion of the NY-NJ-CT 1-hour ozone
nonattainment area to support the use of actual emissions for baseline
calculations.

IV. What is New York's alternative to the Clean Air Act Section 185 fee
program?

    NYSDEC submitted a request to the EPA to determine that its LEV II
program is an alternative program which satisfies the requirements of
CAA Section 185. The CAA Section 185 fee program requires a fee per ton
of VOC and NOX emissions, in the NY-NJ-CT 1-hour ozone
nonattainment area, in excess of 80% the baseline amount. NYSDEC
examined actual and allowable emissions from major sources of VOC and
NOX for 2007 and determined that the actual emissions were
lower than the allowable emissions. In accordance

with the methodology required under CAA Section 185(b)(2) for computing
a baseline amount, NYSDEC then compared the actual 2008 and 2009
emissions of VOC and NOX for each major source to 80% of its
2007 emissions. For sources that emitted greater than 80% of their
emissions for 2007, NYSDEC calculated its corresponding excess
emissions for 2008 and 2009. For 2008 and 2009, VOC and NOX
excess emissions for major sources were totaled and daily excess
emissions per day were calculated. The amount of emissions from the NY
State portion of the NY-NJ-CT area subject to the CAA Section 185 fee
program was determined to be for 2008: 2.2 tons per day (tpd) of VOC
and 8.7 tpd of NOX; and for 2009: 1.4 tpd of VOC and 4.5 tpd
of NOX. As an alternative to the CAA Section 185 fee program
requirement, NYSDEC requested that the EPA find that its LEV II program
provided excess emissions reductions greater than 80% of the 2007
baseline for 2008 and 2009.
    New York adopted LEV II new vehicle emission standards, identical
to those of California LEV II, in Title 6 of the New York Codes, Rules
and Regulations (6 NYCRR) Part 218, ``Emission Standards for Motor
Vehicles and Motor Vehicle Engines.'' LEV II exhaust emissions
standards were fully phased in by the 2007 model year and provided
additional reductions from previous LEV standards. NYSDEC had
previously submitted to the EPA a supplemental Reasonable Further
Progress Plan (RFP) and 2008 projection year emissions inventory, which
included VOC and NOX projections, as part of the attainment
demonstration for the New York State Implementation Plan for ozone. The
EPA subsequently approved the RFP and 2008 projection year emissions
inventory. See 76 FR 51264 (August 18, 2011). The RFP control measures
for the 2008 projection year inventory resulted in surplus reductions
of 3.94 tpd of VOC and 81.8 tpd of NOX. LEV II was part of
2008 projection year surplus and was expected to reduce VOC by 2.5 tons
per ozone season day and reduce NOX by 18.9 tons per ozone
season day. New York identified that LEV II could be used for an
equivalent alternate program to meet the requirements of CAA Section
185 since the reductions were part of the RFP surplus emissions
reductions.
    In order to make the LEV II ozone season day reductions
representative of an entire year, NYSDEC applied a seasonal adjustment
factor based on recommendations from the New York State Department of
Transportation (NYSDOT). NYSDEC chose a seasonal adjustment factor that
was more conservative than the NYSDOT recommendation for urban areas
like the New York City area to assure that sufficient reductions were
achieved. In applying a seasonal adjustment factor, LEV II attributable
reductions of VOC and NOX were 2.3 tpd and 17.5 tpd,
respectively, for all of 2008. Interpolating between 2008 and 2011
projections included in the RFP yielded seasonally adjusted LEV II
attributable reductions of VOC and NOX of 3.2 tpd and 24.4
tpd, respectively, for all of 2009. Additional details regarding
seasonal adjustment of emissions reductions can be found in the
Technical Support Document.
    New York's LEV II emission standards continue to be in place under
6 NYCRR Part 218 and continue to achieve reductions in VOC and
NOX emissions. EPA performed an analysis to verify that LEV
II continued to achieve emissions reduction through 2017. The emissions
reductions attributable to LEV II in the NY state portion of the NY-NJ-
CT area for 2017 were 1,321 tons of NOX and 558 tons of
VOCs. Details regarding 2017 LEV II emissions reduction can be found in
the Technical Support Document.

V. What is the EPA's analysis of the alternative to Clean Air Act
Section 185 fee program?

    For an alternative to CAA Section 185 fee program to be approvable,
a state must provide a demonstration that the proposed alternative
program is no less stringent than the application of CAA Section 185.
EPA has previously stated that one way to demonstrate this is to show
that the alternative program provides equivalent or greater fees and/or
emissions reductions directly attributable to the application of CAA
Section 185 \2\. The state's demonstration should also not
underestimate the expected fees and/or emissions reduction from the CAA
Section 185 fee program nor overestimate the expected fees and/or
emissions reductions associated with the proposed alternative program.
In principle, the alternative program must encourage 1-hour ozone NAAQS
nonattainment areas to reach attainment as effectively and
expeditiously as a CAA Section 185 program. The EPA has previously
approved CAA Section 185 alternative programs for the San Joaquin
Valley Unified Air Pollution Control District (77 FR 50021) and the
South Coast Air Quality Management District (77 FR 74372) (upheld in
Natural Res. Def. Council v. EPA, 779 F.3d 1119 (9th Cir. 2015)).
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    \2\ The EPA initially explained this position in a January 2010
Guidance document. Memorandum from Stephen D. Page, Director, Office
of Air Quality Planning and Standards, to Regional Air Division
Directors, ``Guidance on Developing Fee Programs Required by Clean
Air Act Section 185 for the 1-hour Ozone NAAQS,'' dated January 5,
2010 (January 2010 guidance). The D.C. Circuit Court of Appeals
vacated the January 2010 guidance on procedural grounds, but the
Court did not prohibit alternative programs, stating that ``neither
the statute nor our case law obviously precludes that alternative.''
NRDC v. EPA, 643 F.3d 322 (D.C. Cir. July 2011).
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    The EPA is proposing to determine that NY demonstrated that the
emissions reductions from LEV II were at least as significant as those
that would have been gained from direct application of CAA Section 185
fees. The surplus RFP LEV II projected emissions reductions for 2008
VOC and NOX were 2.3 tpd and 17.5 tpd. The 2008 CAA Section
185 emissions reductions targets, calculated as amount in excess of 80%
of the 2007 baseline, for VOC and NOX were 2.2 tpd and 8.7
tpd. LEV II projected emissions reductions for 2009 VOC and
NOX were 3.2 tpd and 24.4 tpd. The 2009 CAA Section 185
emissions reductions targets for VOC and NOX were 1.4 tpd
and 4.5 tpd. For 2008 and 2009, the LEV II emissions reduction were
greater than the CAA Section 185 targets for both VOC and
NOX. Table 1 below shows the emissions targets and LEV II
emission reductions. Since the amount of LEV II attributable emissions
reductions is not less stringent than the emissions in excess of 80% of
the 2007 baseline, the alternative program is consistent with the anti-
backsliding provisions of CAA Section 172(e). LEV II has continued to
achieve emissions reductions through 2017.

                                 Table 1
------------------------------------------------------------------------
                                           Emissions reduction (tons per
                                                       day)
           Emission reduction            -------------------------------
                                                NOX             VOC
------------------------------------------------------------------------
2008 CAA Section 185 Target.............             8.7             2.2
2008 LEV II Projection..................            17.5             2.3
LEV II emissions reduction greater than              Yes             Yes
 2008 target?...........................
2009 CAA Section 185 Target.............             4.5             1.4
2009 LEV II Projection..................            24.4             3.2
LEV II emissions reduction greater than              Yes             Yes
 2009 target?...........................
------------------------------------------------------------------------

    LEV II was not included as a control measure relied on in the 1-
hour Ozone Attainment SIP, including Rate of Progress and RFP for the
NY-NJ-CT 1-hour ozone area (67 FR 5170 (February 4, 2002)). LEV was
included in the Ozone Attainment Demonstration SIP, but emissions
reductions attributable to the LEV II program were not. Projected
emissions reductions by control strategy provided by NYSDEC included
specific reductions for each control measure including LEV II.
Emissions reductions attributable to LEV II are surplus, were not
previously accounted for and do not interfere with other applicable
requirements concerning attainment, Rate of Progress, and RFP.
    In this action, EPA is proposing that the LEV II program is an
acceptable alternative program to the 185 fee program consistent with
the anti-backsliding provisions of CAA Section 172(e) because it
achieves greater emissions reductions than application of the 185 fee
program. The principles of Section 172(e) require controls in
nonattainment areas that are not less stringent than those that were
applied to an area before EPA revoked the one-hour NAAQS.

VI. What action is EPA taking?

    EPA is proposing to approve NY's LEV II program as an alternative
program to the requirements of CAA Section 185. The EPA proposes to
find the LEV II program achieves sufficient reductions to fulfill the
requirements of CAA Section 172(e) and 185 for the NY portion of the
NY-NJ-CT 1-hour ozone nonattainment area. The LEV II program will be
incorporated into the federally enforceable SIP as an alternative CAA
Section 185 program if EPA finalizes this action.

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 (Public Law 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 7, 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 Clean Air Act; 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 proposed rulemaking action is not approved to
apply on any Indian reservation land or in any other area where the EPA
or an Indian tribe has demonstrated that a tribe has jurisdiction. In
those areas of Indian country, the proposed rulemaking action 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.

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

    Dated: November 19, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-26475 Filed 12-4-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 118 (Friday, June 19, 2015)]
[Notices]
[Pages 35344-35345]
[FR Doc No: 2015-15094]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-1907-000]

Joliet Battery Storage LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Joliet Battery Storage LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 2, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email

<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: June 12, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-15094 Filed 6-18-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 148 (Tuesday, August 2, 2016)]
[Rules and Regulations]
[Pages 50630-50635]
[FR Doc No: 2016-17534]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

EPA-HQ-OPP-2012-0843; FRL-9947-78]

Cloquintocet-mexyl; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes tolerances for residues of
cloquintocet-mexyl and its acid metabolite in or on multiple
commodities which are identified and discussed later in this document
when cloquintocet-mexyl is used as an inert ingredient (herbicide
safener) in pesticide formulations containing the new active ingredient
halauxifen-methyl (XDE-729 methyl).

Dow AgroSciences, LLC requested these tolerances under the Federal
Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective August 2, 2016. Objections and
requests for hearings must be received on or before October 3, 2016,
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: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2012-0843, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email 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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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://www.ecfr.gov/cgi-bin/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-2012-0843 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
October 3, 2016. 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 (excluding any Confidential Business Information (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 the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2012-0843, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of December 19, 2012 (77 FR 75082) (FRL-
9372-6), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
2F8085) by Dow AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN
46268. 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) when
used in pesticide formulations containing the new active ingredient
halauxifen-methyl (XDE-729 methyl), in or on barley grain, barley hay,
barley straw, wheat forage, wheat grain, wheat hay, and wheat straw. No
numerical change to the tolerances for the specific commodities was
sought. That document referenced a summary of the petition prepared by
Dow AgroSciences LLC, 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 FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), 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 tolerances established by this action.
EPA's assessment of exposures and risks associated with cloquintocet-
mexyl follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
    Cloquintocet-mexyl has a low order of acute oral, dermal, and
inhalation toxicity. It is slightly irritating to the eyes and non-
irritating to the skin. Cloquintocet-mexyl is a skin sensitizer. The
chemical is not genotoxic and is not a reproductive and developmental
toxicant. There is no evidence of neurotoxicity in the available
studies. Cloquintocet-mexyl is classified as ``not likely to be a human
carcinogen.'' The main metabolite for cloquintocet-mexyl is 5-chloro-8-
quin-linoxyacetic acid, and testing on the metabolite is part of the
toxicology database for cloquintocet-mexyl.
    Specific information on the studies received and the nature of the
adverse effects caused by cloquintocet-mexyl as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies can be found at http://www.regulations.gov in document Cloquintocet-Mexyl--Updated Human
Health Risk Assessment from Uses of Halauxifen-methyl (PC Code 117501)
in docket ID number EPA-HQ-OPP-2012-0843.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for cloquintocet-mexyl
used for human risk assessment is shown in Table 1 of this unit.

    Table 1--Summary of Toxicological Doses and Endpoints for Cloquintocet-Mexyl for Use in Human Health Risk
                                                   Assessment
----------------------------------------------------------------------------------------------------------------
                                    Point of departure
        Exposure/scenario            and uncertainty/     RfD, PAD, LOC for     Study and toxicological effects
                                      safety factors       risk assessment
----------------------------------------------------------------------------------------------------------------
Acute dietary (Females 13-49       NOAEL = 100 mg/kg/    Acute RfD = 1 mg/kg/ Developmental toxicity study in
 years of age).                     day.                  day.                 rats (MRID 44387429).
                                   UFA = 10............  aPAD = 1 mg/kg/day.  LOAEL = 400 mg/kg/day based on
                                   UFH = 10............                        higher incidence of skeletal
                                   FQPA SF = 1x........                        variants and decrease in fetal
                                                                               body weights in the high dose
                                                                               group.
Acute dietary (General population  N/A.................  N/A................  Based on available data, a
 including infants and children).                                              suitable endpoint was not
                                                                               identified for the general
                                                                               population because there were no
                                                                               effects observed in oral toxicity
                                                                               studies appropriate to this
                                                                               population that could be
                                                                               attributed to a single dose
                                                                               exposure.
Chronic dietary (All populations)  NOAEL = 4.3 mg/kg/    Chronic RfD = 0.04   Chronic/Oncogenicity Toxicity--Rat
                                    day.                  mg/kg/day.           (MRID 44387431).
                                   UFA = 10x...........  cPAD = 0.04 mg/kg/   LOAEL = 41.2 mg/kg/day based on
                                   UFH = 10x...........   day.                 thyroid hyperplasia in females.
                                   FQPA SF = 1x........
Cancer (Oral, dermal, inhalation)  Cloquintocet-mexyl is classified as ``not likely to be carcinogenic to
                                    humans''.
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
  level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor.
  UFA = extrapolation from animal to human (interspecies). UFDB = to account for the absence of data or other
  data deficiency. UFH = potential variation in sensitivity among members of the human population
  (intraspecies). UFL = use of a LOAEL to extrapolate a NOAEL. UFS = use of a short-term study for long-term
  risk assessment.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to cloquintocet-mexyl, EPA considered exposure under the
petitioned-for tolerances as well as all existing cloquintocet-mexyl
tolerances in 40 CFR 180.560. EPA assessed dietary exposures from
cloquintocet-mexyl 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. Such effects were identified
for cloquintocet-mexyl and are applicable only to females 13-49 years
old in order to account for fetal effects (higher incidence of skeletal
variants and decrease in fetal body weights) that were seen in the
developmental toxicity study in rats. In estimating acute dietary
exposure, EPA used food consumption information from the 2003-2008
National Health and Nutrition Examination Surveys (NHANES). As to
residue levels in food, EPA assumed tolerance-level residues of
cloquintocet-mexyl and cloquintocet acid in all forms of barley,
triticale, and wheat, and assumed that all of those crops are treated
(i.e., 100% crop treated).
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment

EPA used the food consumption data from the 2003-2008 National Health
and Nutrition Examination Surveys (NHANES). As to residue levels in
food, EPA assumed tolerance-level residues of cloquintocet-mexyl and
cloquintocet acid in all forms of barley, triticale, and wheat, and
assumed that all of those crops are treated (i.e., 100% crop treated).
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has
concluded that cloquintocet-mexyl does not pose a cancer risk to
humans. Therefore, a dietary exposure assessment for the purpose of
assessing cancer risk is unnecessary.
    2. Dietary exposure from drinking water. The Agency used screening-
level water exposure models in the dietary exposure analysis and risk
assessment for cloquintocet-mexyl in drinking water. These simulation
models take into account data on the physical, chemical, and fate/
transport characteristics of cloquintocet-mexyl. 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 the
Screening Concentration in Ground Water (SCI-GROW) models, the
estimated drinking water concentrations (EDWCs) of cloquintocet-mexyl
for acute exposures are estimated to be 0.186 parts per billion (ppb)
for surface water and 0.000061 ppb for ground water, chronic exposures
are estimated to be 0.005 ppb for surface water and 0.000061 ppb for
ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. As a conservatism in the
assessment, the acute drinking water estimate (0.186 ppb), rather than
the chronic drinking water estimate (0.005 ppb) was used in chronic
dietary assessment.
    3. From 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). Cloquintocet-mexyl is
not registered for any specific use patterns that would result in
residential exposure.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    EPA has not found cloquintocet-mexyl to share a common mechanism of
toxicity with any other substances, and cloquintocet-mexyl does not
appear to produce a toxic metabolite produced by other substances. For
the purposes of this tolerance action, therefore, EPA has assumed that
cloquintocet-mexyl 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 Web site at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. 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 Safety
Factor (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 evidence of
increased susceptibility of in utero or post-natal exposure to rats or
rabbits in the prenatal developmental studies or in rats in the 2-
generation reproduction study. NOAELs for maternal/parental toxicity
were either less than or equal to the NOAELs for fetal or reproductive
toxicity.
    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. That decision is based on the following
findings:
    i. The toxicity database for cloquintocet-mexyl is sufficient for
risk assessment.
    ii. There is no indication that cloquintocet-mexyl is a neurotoxic
chemical and there is no need for a developmental neurotoxicity study
or additional UFs to account for neurotoxicity.
    iii. There is no evidence that cloquintocet-mexyl results in
increased susceptibility in in utero rats or rabbits in the prenatal
developmental studies or in young rats in the 2-generation reproduction
study.
    iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on 100% CT and tolerance-level residues. EPA made conservative
(protective) assumptions in the ground and surface water modeling used
to assess exposure to cloquintocet-mexyl in drinking water. These
assessments will not underestimate the exposure and risks posed by
cloquintocet-mexyl.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer 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 appropriate PODs to ensure that an
adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to cloquintocet-mexyl will occupy <1% of the aPAD for females age 13-
49, 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
cloquintocet-mexyl from food and water will utilize <1% of the cPAD for
all subpopulations. There are no residential uses for cloquintocet-
mexyl.
    3. Short-term and intermediate-term risk. Because cloquintocet-
mexyl is not registered for use in pesticide formulations that will
result in residential exposure, EPA concludes that cloquintocet-mexyl
will not pose a short-term or intermediate-term risk.
    4. Aggregate cancer risk for U.S. population. Based on the lack of
evidence of carcinogenicity in two adequate rodent carcinogenicity
studies, cloquintocet-mexyl is not expected to pose a cancer risk to
humans.
    5. 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 cloquintocet-mexyl residues.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology is available to enforce the
tolerance expression. The method may be requested from: Chief,
Analytical Chemistry Branch, Environmental Science Center, 701 Mapes
Rd., Ft. Meade, MD 20755-5350; telephone number:<PHONE_NUMBER>; email
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 United Nations
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

    The residue data indicate that combined residues of cloquintocet-
mexyl and cloquintocet acid are unlikely to exceed the existing
tolerances for residues in barley, triticale, and wheat commodities,
therefore, the existing tolerance levels remain unchanged. However, the
active ingredient, halauxifen-methyl, will be added to the list of
active ingredients addressed in the tolerance expression for
cloquintocet-mexyl as a result of this tolerance amendment for
cloquintocet-mexyl.
    Therefore, 40 CFR 180.560 is amended by establishing a tolerance
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-quinlinoxyacetic 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), halauxifen-methyl
(wheat or barley), pinoxaden (wheat or barley), or pyroxsulam (wheat
only) at 0.1 ppm in/on barley commodities (grain, hay, and straw),
wheat grain, and wheat straw; at 0.2 ppm in/on wheat forage; and at 0.5
ppm in/on wheat hay.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 408(d) 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 action has been
exempted from review under Executive Order 12866, this action 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 action 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 FFDCA section 408(d), 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 action 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 FFDCA section 408(n)(4). 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 action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    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 (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
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
the rule in the Federal Register. This action 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 28, 2016.
Susan Lewis,
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. In Sec.  180.560, revise the introductory text of paragraph (a) to
read as follows:

Sec.  180.560  Cloquintocet-mexyl; tolerances for residues.

    (a) General. Tolerances are established for residues of the inert
ingredient cloquintocet-mexyl, including its metabolites and
degradates, in or on the commodities in the following table when used
as a safener in pesticide formulations containing the active
ingredients clodinafop-propargyl (wheat only), dicamba (wheat only),
flucarbazone-sodium (wheat only), halauxifen-methyl (wheat or barley),
pinoxaden (wheat or barley), or pyroxsulam (wheat only). Compliance
with the tolerance levels specified is to be determined by measuring
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),
expressed as cloquintocet-mexyl, in or on the following commodities:
* * * * *
[FR Doc. 2016-17534 Filed 8-1-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: March 5, 2009 (Volume 74, Number 42)]
[Notices]
[Page 9612]
[DOCID:fr05mr09-43]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP08-436-000 ]

Stingray Pipeline Company, L.L.C.; Notice of Informal Settlement
Conference

February 27, 2009.
    Take notice that an informal settlement conference will be convened
in this proceeding commencing at 10 a.m. on Thursday, March 12, 2009 at
the offices of the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426 for the purpose of exploring the
possible settlement of the above-referenced dockets.
    Any party, as defined by 18 CFR 385.102(c), or any participant as
defined by 18 CFR 385.102(b), is invited to attend. Persons wishing to
become a party must move to intervene and receive intervenor status
pursuant to the Commission's regulations (18 CFR 385.214).
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a FAX to<PHONE_NUMBER>
with the required accommodations.
    For additional information, please contact Marc Gary Denkinger
(202) 502-8662<EMAIL_ADDRESS>or Lorna Hadlock<PHONE_NUMBER>
<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
 [FR Doc. E9-4725 Filed 3-4-09; 8:45 am]

BILLING CODE 6717-01-P


1 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite PART 72   PERMITS REGULATION 1. The authority citation for part 72 continues to read as follows:

Authority: 42 U. S. C. 7601 and 7651, et seq.

§ 72.2 [ Amended]

2. Section 72.2 is amended by:

a. Amend the definition of " Acid rain emissions limitation"

by replacing, in paragraph ( 1)( i), the words " an affected unit'

by the words " the affected units at a source" and replacing, in paragraph ( 1)( ii)( C), the words " compliance subaccount for that unit" by the words " compliance account for that source";

b. Amend the definition of " Advance allowance" by replacing the word " unit's" by the word " source's";

c. Amend the definition of " Allocate or allocation" by replacing the words " unit account" by the words " compliance account";

d. Amend the definition of " Allowance deduction, or deduct"

by replacing the words " compliance subaccount, or future year subaccount," by the words " compliance account" and replacing the words " from an affected unit" by the words " from the affected units at an affected source";

e. Amend the definition of " Allowance transfer deadline" by replacing the words " affected unit's compliance subaccount" by 2 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite the words " an affected source's compliance account" and replacing the words " the unit's" by the words " the source's";

f. Amend the definition of " Authorized account representative" by replacing the words " unit account" by the words " compliance account" and replacing the words " affected unit" by the words " affected source and the affected units at the source";

g. Amend the definition of " Compliance use date" by replacing the word " unit's" by the word " source's";

h. Amend the definition of " Excess emissions" by, in paragraph ( 1), replacing the words " an affected unit" by the words " the affected units at an affected source" and replacing the words " for the unit" by the words " for the source";

i. Amend the definition of " General account" by replacing the words " unit account" by the words " compliance account";

j. Amend the definition of " Offset Plan" by replacing the word " unit" by the word " source";

K. Amend the definition of " Recordation, record, or recorded" by removing the words " or subaccount";

l. Amend the definition of " Source" by replacing the words " under the Act." by the words " under the Act, provided that one or more combustion or process sources that have, under § 74.4( c)

of this chapter, a different designated representative than the 3 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite designated representative for one or more affected utility units at a source shall be treated as being included in a separate source from the source that includes such utility units for purposes of parts 72 through 78 but shall be treated as being included in the same source as the source that includes such utility units for purposes of section 502( c) of the Act."

m. Amend the definition of " Spot allowance" by replacing the word " unit's" by the word " source's"; and n. Revise the definition of " Cogeneration unit", adding a new definition of " Compliance account", and removing the definitions of " Compliance subaccount", " Current year subaccount", " Direct sale subaccount", " Future year subaccount",

and " Unit account" to read as follows:

§ 72.2 Definitions.

* * * * *

Cogeneration unit means a unit that has equipment used to produce electric energy and forms of useful thermal energy ( such as heat or steam) for industrial, commercial, heating, or cooling purposes, through sequential use of energy.

* * * * *

Compliance account means an Allowance Tracking System account,

established by the Administrator under § 73.31( a) or ( b) of this chapter or § 74.40( a) of this chapter for an affected source and 4 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite for each affected unit at the source.

* * * * *

§ 72.7 [ Amended]

3. Section 72.7 is amended in paragraph ( c)( 1)( ii), in the first sentence, replace the word " unit's Allowance Tracking System account" by the words " compliance account of the source that includes the unit" and remove the third sentence.

§ 72.9 [ Amended]

4. Section 72.9 is amended by:

a. In paragraph ( b)( 2), replace the word " unit" by the words " source or unit, as appropriate,";

b. In paragraph ( c)( 1)( i), replace the words " unit's compliance subaccount" with the words " source's compliance account" and replace the words " from the unit" by the words " from the affected units at the source";

c. In paragraphs ( e)( 1) and ( e)( 2) introductory text,

replace the words " an affected unit" by the words " an affected source";

d. In paragraph ( g)( 6), remove the second sentence; and e. In paragraph ( h)( 2), replace the word " unit" by the word " source" wherever it appears.

§ 72.21 [ Amended]

5. Section 72.21 is amended by: 5 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite a. In paragraph ( b)( 1), remove the word " affected" wherever it appears; and b. In paragraph ( e)( 2), replace the words " unit account" by the words " compliance account".

§ 72.24 [ Amended]

6. Section 72.24 is amended by removing and reserving paragraphs ( a)( 5), ( a)( 7), and ( a)( 10).

§ 72.27 [ Amended]

7. Section 72.27 is amended by, in paragraphs ( c)( 3) and ( c)( 5), by replacing the words " unit's Allowance Tracking System account" by the words " for the unit in the compliance account for the source that includes the unit".

§ 72.40 [ Amended]

8. Section 72.40 is amended, in paragraph ( a)( 1), replace the words " unit's compliance subaccount" with the words " compliance account of the source where the unit is located ",

remove the words ", or in the compliance subaccount of another affected unit at the source to the extent provided in § 73.35( b)( 3),", and replace the words " from the unit" by the words " from the affected units at the source".

§ 72.72 [ Amended]

9. Section 72.72 is amended by:

a. In paragraph ( a)( 1), add, after the words " affected 6 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite unit", the words " or affected source";

b. In paragraph ( a)( 2), add, after the words " affected unit's" the words " or an affected source's"; and c. In paragraph ( a)( 3), add, after the words " affected unit", the words " or affected source" whenever they appear.

§ 72.73 [ Amended]

10. Section 72.73 is amended by, in paragraph ( b)( 2),

replace the words " the first Acid Rain permit" by the words " an Acid Rain permit".

§ 72.90 [ Amended]

11. Section 72.90 is amended by, in paragraph ( a), add,

after the words " each calendar year", the words " during 1995 through 2005".

§ 72.95 [ Amended]

12. Section 72.95 is amended by:

a. In the introductory text, replace the words " an affected unit's compliance subaccount" with the words " an affected source's compliance account"; and b. In paragraph ( a), replace the words " by the unit" by the words " by the affected units at the source".

§ 72.96 [ Amended]

13. Section 72.96 is amended by, in paragraph ( b), replace the words " unit's Allowance Tracking System account" by the words 7 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite " source's compliance account".

PART 73   SULFUR DIOXIDE ALLOWANCE SYSTEM 1. The authority citation continues to read as follows:

Authority: 42 U. S. C. 7601 and 7651, et seq.

§ 73.10 [ Amended]

2. Section 73.10 is amended by:

a. In paragraph ( a), replace the words " unit account for each" by the words " compliance account for each source that includes a" and remove the words " in each future year subaccount"; and b. In paragraphs ( b)( 1) and ( b)( 2), replace the words " unit account for each" by the words " compliance account for each source that includes a" and replace the words " in the future year subaccounts representing calendar years" with the words " for the years".

§ 73.27 [ Amended]

3. Section 73.27 is amended by, in paragraphs ( c)( 3) and ( c)( 5), replace the words " unit's Allowance Tracking System account" by the words " compliance account of the source that includes the unit".

§ 73.30 [ Amended]

4. Section 73.30 is amended by: 8 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite a. In paragraph ( a), add, after the word " establish", the word " compliance", replace the words " affected units" by the words " affected sources", and replace the words " unit's Allowance Tracking System account" by the words " source's compliance account" ; and b. In paragraph ( b), replace the word " unit" by the word " source" and replace the words " Allowance Tracking System account" by the words " general account".

§ 73.31 [ Amended]

5. Section 73.31 is amended by:

a. In paragraph ( a), replace the words " an Allowance Tracking System account" by the words " a compliance account" and replace the words " each unit" with the words " each source that includes a unit";

b. In paragraph ( b), replace the words " an Allowance Tracking System account for the unit." by the words " a compliance account for the source that includes the unit, unless the source already has a compliance account."; and c. In paragraph ( c)( 1)( v), replace the words " Allowance Tracking System account" by the words " general account" and remove the words " I shall abide by any fiduciary responsibilities assigned pursuant to the binding agreement.".

§ 73.32 [ Amended] 9 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite 6. Section 73.32 is removed and reserved.

§ 73.33 [ Amended]

7. Section 73.33 is amended by remove and reserve paragraphs ( b) and ( c).

§ 73.34 [ Amended]

8. Section 73.34 is amended by:

a. Revise paragraphs ( a) and ( b) to read as set forth below;

b. In paragraph ( c) introductory text, remove the words " Recordation in subaccounts" and replace the words " compliance,

current year, and future year" with the words " compliance account and general account".

§ 73.34 Recordation in accounts.

( a) After a compliance account is established under § 73.31( a) or ( b), the Administrator will record in the compliance account any allowance allocated to any affected unit at the source for 30 years starting with the later of 1995 or the year in which the compliance account is established and any allowance allocated for 30 years starting with the later of 1995 or the year in which the compliance account is established and transferred to the source with the transfer submitted in accordance with § 73.50. In 1996 and each year thereafter, after Administrator has completed the deductions pursuant to § 73.35( b), the Administrator will record in the compliance account 10 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite any allowance allocated to any affected unit at the source for the new 30th year ( i. e., the year that is 30 years after the calendar year for which such deductions are made) and any allowance allocated for the new 30th year and transferred to the source with the transfer submitted in accordance with § 73.50.

( b) After a general account is established under § 73.31( c),

the Administrator will record in the general account any allowance allocated for 30 years starting with the later of 1995 or the year in which the general account is established and transferred to the general account with the transfer submitted in accordance with § 73.50. In 1996 and each year thereafter, after the Administrator has completed the deductions pursuant to § 73.35( b), the Administrator will record in the general account any allowance allocated for the new 30th year ( i. e., the year that is 30 years after the calendar year for which such deductions are made) and transferred to the general account with the transfer submitted in accordance with § 73.50.

* * * * *

§ 73.35 [ Amended]

9. Section 73.35 is amended by:

a. In paragraph ( a) introductory text and paragraph ( a)( 1),

replace the words " unit's" by the word " source's";

b. In paragraph ( a)( 2), replace the word " Such" by the word 11 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite " The";

c. In paragraph ( a)( 2)( i), replace the words " the unit's compliance subaccount" with the words " the source's compliance account";

d. In paragraph ( a)( 2)( ii), replace the words " the unit's compliance subaccount" with the words " the source's compliance account", replace the words " compliance subaccount for the unit"

by the words " source's compliance account", and replace the word " or" with the word " and";

e. Remove paragraph ( a)( 2)( iii);

f. Add a new paragraph ( a)( 3);

g. In paragraph ( b)( 1), replace the words " compliance subaccount" by the words " compliance account", add, after the words " deduct allowances", the words " available for deduction under paragraph ( a) of this section", and replace the words " each affected unit's compliance subaccount" with the words " each affected source's compliance account";

h. In paragraph ( b)( 2), replace the words " allowances remain in the compliance subaccount" with the words " allowances available for deduction under paragraph ( a) of this section remain in the compliance account";

i. Remove paragraph ( b)( 3);

j. Revise paragraph ( c)( 1) to read as set forth below; 12 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite k. In paragraph ( c)( 2), replace the words " for the unit"

with the words " for the units at the source", replace the words " in its compliance subaccount." by the words ` in the source's compliance account.", replace the words " from the compliance subaccount" by the words " from the compliance account", and replace the words " unit's compliance subaccount" by the words " source's compliance account";

l. In paragraph ( d), replace the words " for each unit" by the words " for each source" and replace the word " unit's" by the word " source's"; and m. Remove paragraph ( e).

§ 73.35 Compliance.

( a) * * *

( 1) * * *

( 2) * * *

( 3) The allowance was not previously deducted by the Administrator in accordance with a State SO2 mass emissions reduction program under § 51.124( o) of this chapter or otherwise permanently retired in accordance with § 51.124( p) of this chapter.

( b) * * *

( c)( 1) Identification of allowances by serial number. The authorized account representative for a source's compliance 13 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite account may request that specific allowances, identified by serial number, in the compliance account be deducted for a calendar year in accordance with paragraph ( b) or ( d) of this section. Such request shall be submitted to the Administrator by the allowance transfer deadline for the year and include, in a format prescribed by the Administrator, the identification of the source and the appropriate serial numbers.

* * * * *

§ 73.36 [ Amended]

10. Section 73.36 is amended by:

a. In paragraph ( a), replace the words " Unit accounts." with the words " Compliance accounts." and replace with words " compliance subaccount" with the words " compliance account"

whenever they appear; and b. In paragraph ( b), replace the words " current year subaccount" with the words " general account" whenever they appear and replace the words " at the end of the current calendar year"

by the words " not transferred pursuant to subpart D to another Allowance Tracking System account".

§ 73.37 [ Amended]

11. Section 73.37 is revised to read as follows:

§ 73.37 Account error. The Administrator may, at his or her sole discretion and on his or her own motion, correct any 14 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite error in any Allowance Tracking System account. Within 10 business days of making such correction, the Administrator will notify the authorized account representative for the account.

§ 73.38 [ Amended]

12. Section 73.38 is amended by:

a. In paragraph ( a), replace the words " delete the general account from the Allowance Tracking System." by the words " close the general account."; and b. In paragraph ( b), replace the words " for a period of a year or more" by the words " for a 12 month period or longer",

remove the words " in its subaccounts", replace the words " will notify" by the words " may notify", remove the words " and eliminated from the Allowance Tracking System" and the last sentence.

§ 73.50 [ Amended]

13. Section 73.50 is amended by:

a. In paragraph ( a), remove the words ", including, but not limited to, transfers of an allowance to and from contemporaneous future year subaccounts, and transfers of an allowance to and from compliance subaccounts and current year subaccounts, and transfers of all allowances allocated for a unit for each calendar year in perpetuity";

b. In paragraph ( b)( 1)( ii), remove the words ", or correct 15 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite indication on the allowance transfer where a request involves the transfer of the unit's allowance in perpetuity";

c. In paragraph ( b)( 2)( ii), remove the words " Allowance Tracking System" and " under 40 CFR part 73, or any other remedies" and remove the comma after the words " under State or Federal law"; and d. Remove paragraph ( b)( 3).

§ 73.51 [ Amended]

14. Section 73.51 is removed and reserved.

§ 73.52 [ Amended]

15. Section 73.52 is amended by:

a. In paragraph ( a), remove the words " § 73.50, § 73.51,

and" and add, after the words " five business days", the words "( or longer as necessary to perform a transfer in perpetuity of allowances allocated to a unit)";

b. Revise paragraphs ( a)( 1), ( a)( 2) and ( a)( 3);

c. Remove paragraph ( a)( 4);

d. Revise paragraph ( b); and e. Add a new paragraph ( c) to read as follows:

§ 73.52 EPA recordation.

( a) * * *

( 1) The transfer is correctly submitted under § 73.50;

( 2) The transferor account includes each allowance 16 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite identified by serial number in the transfer; and ( 3) If the allowances identified by serial number specified pursuant to § 73.50( b)( 1)( ii) are subject to the limitation on transfer imposed pursuant to § 72.44( h)( 1)( i) of this chapter, § 74.42 of this chapter, or § 74.47( c) of this chapter, the transfer is in accordance with such limitation.

( b) To the extent an allowance transfer submitted for recordation after the allowance transfer deadline includes allowances allocated for any year before the year in which the allowance transfer deadline occurs, the transfer of such allowance will not be recorded until after completion of the deductions pursuant to § 73.35( b) for year before the year in which the allowance transfer deadline occurs.

( c) Where an allowance transfer submitted for recordation fails to meet the requirements of paragraph ( a) of this section,

the Administrator will not record such transfer.

§ 73.70 [ Amended]

16. Section 73.70 is amended by:

a. In paragraph ( e), remove the last two sentences.

b. In paragraph ( f), replace the words " the subaccount" by the words " the Allowance Tracking System account"; and c. In paragraph ( i)( 1), add, after the words " Allowance Tracking System account of each", the words " source that 17 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite includes a".

PART 74   SULFUR DIOXIDE OPT INS 1. The authority citation for part 74 continues to read as follows:

Authority: 42 U. S. C. 7601 and 7651, et seq.

§ 74.4 [ Amended]

2. Section 74.4 is amended by:

a. In paragraph ( c)( 1), replace the words " a combustion or process source that is located" by the words " one or more combustion or process sources that are located", replace the words " such combustion or process source and thereafter, does" by the words " such combustion or process sources and thereafter,

do", and replace the words " designate, for such combustion or process source" by the words " designate, for such combustion or process sources"; and b. In paragraph ( c)( 2), replace the words " the combustion or process source" by the words " the combustion or process sources"

whenever they occur and replace the word " meets" by the word " meet".

§ 74.18 [ Amended]

3. Section 74.18 is amended, in paragraph ( d), remove the last sentence. 18 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite § 74.40 [ Amended]

4. Section 74.40 is amended by:

a. In paragraph ( a), replace the words " an opt in account"

by the words " a compliance account", replace the words " an account" by the words " a compliance account ( unless the source that includes the opt in source already has a compliance account or the opt in source has, under § 74.4( c), a different designated representative than the designated representative for the source)", and remove the last sentence.

b. In paragraph ( b), replace the words " allowance account in the Allowance Tracking System" by the words " compliance account ( unless the source that includes the opt in source already has a compliance account or the opt in source has, under § 74.4( c), a different designated representative than the designated representative for the source)".

§ 74.42 [ Amended]

5. Section 74.42 is revised to read as follows:

§ 74.42 Limitation on transfers. ( a) With regard to a transfer request submitted for recordation during the period starting January 1 and ending with the allowance transfer deadline in the same year, the Administrator will not record a transfer of an opt in allowance that is allocated to an opt in source for the year in which the transfer request is submitted or 19 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite a subsequent year.

( b) With regard to a transfer request during the period starting with the day after an allowance transfer deadline and ending December 31 in the same year, the Administrator will not record a transfer of an opt in allowance that is allocated to an opt in source for a year after the year in which the transfer request is submitted.

§ 74.43 [ Amended]

6. Section 74.43 is amended by:

a. In paragraph ( a), remove the words " in lieu of any annual compliance certification report required under subpart I of part 72 of this chapter";

b. In paragraph ( b)( 7), replace the word " At" by the words,

" In an annual compliance certification report for a year during 1995 through 2005, at"; and c. In paragraph ( b)( 8), replace the word " The" by the words,

" In an annual compliance certification report for a year during 1995 through 2005, the".

§ 74.44 [ Amended]

7. Section 74.44 is amended by:

a. In paragraph ( c)( 1)( ii), remove the words " opt in source's" and add, after the word " System" the words " of the source that includes the opt in source"; 20 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite b. In paragraphs ( c)( 2)( iii)( C), ( c)( 2)( iii)( D),

( c)( 2)( iii)( E) introductory text, and ( c)( 2)( iii)( E)( 3), replace the words " opt in source's compliance subaccount" by the words " compliance account of the source that includes the opt in source" whenever they occur; and c. In paragraph ( c)( 2)( iii)( F), replace the words " opt in source's compliance subaccount" by the words " compliance account of the source that includes the opt in source" and replace the words " source's compliance subaccount" by the words " compliance account of the source that includes the opt in source".

§ 74.46 [ Amended]

8. Section 74.46 is amended by removing and reserving paragraph ( b)( 2).

§ 74.47 [ Amended]

9. Section 74.47 is amended by:

a. In paragraph ( a)( 3)( iv), remove the words " opt in source's" and add, after the word " System", the words " of the source that includes the opt in source";

b. In paragraph ( a)( 3)( v), replace the word " Each" by the word " The", remove the words " replacement unit's" and "( ATS)",

and add, after the word " System", the words " of each source that includes a replacement unit";

c. In paragraph ( a)( 6), replace the words " Allowance 21 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite Tracking System account of each replacement unit" by the words " compliance account of each source that includes a replacement unit";

d. In paragraph ( c), replace the words " unit account" by the words " compliance account of the source that includes the replacement unit" and replace the words " account in the Allowance Tracking System" by the words " Allowance Tracking System account";

e. In paragraph ( d)( 1)( ii)( C), remove the words " opt in source's" and "( ATS)" and add, after the word " System", the words " of the source that includes the opt in source";

f. In paragraph ( d)( 1)( ii)( D), replace the words "( ATS) for each" by the words " of each source that includes a";

g. In paragraph ( d)( 2)( i), replace the words " Allowance Tracking System accounts for the opt in source and for each replacement unit" by the words " compliance account for each source that includes the opt in source or a replacement unit";

h. In paragraph ( d)( 2)( i)( B), replace the words " Allowance Tracking System account of the opt in source" by the words " compliance account of the source that includes the opt in source"; and i. In paragraph ( d)( 2)( ii), replace the words " Allowance Tracking System accounts for the opt in source and for each 22 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite replacement unit" by the words " compliance account for each source that includes the opt in source or a replacement unit".

§ 74.49 [ Amended]

10. Section 74.49 is amended, in paragraph ( a), replace the words " an opt in source's compliance subaccount" by the words " the compliance account of a source that includes an opt in source".

§ 74.50 [ Amended]

11. Section 74.50 is amended by:

a. In paragraph ( a)( 2) introductory text, add, after the words " the account of the" the words " source that includes";

b. In paragraph ( a)( 2)( i), replace the words " opt in source's compliance subaccount" by the words " the compliance account of the source that includes the opt in source"; and c. In paragraph ( b), replace the words " the opt in source's unit account" by the words " the compliance account of the source that includes the opt in source"; and d. In paragraph ( d), replace the words " an opt in source does not hold" by the words " the source that includes the opt in source does not hold".

PART 77   EXCESS EMISSIONS 1. The authority citation for part 77 continues to read as 23 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite follows:

Authority: 42 U. S. C. 7601 and 7651, et seq.

§ 77.3 [ Amended]

2. Section 77.3 is amended by:

a. In paragraph ( a), replace the words " affected unit" by the words " affected source" and replace the word " unit's Allowance Tracking System account" by the words " source's compliance account";

b. In paragraphs ( b) and ( c), replace the word " unit" by the word " source" wherever it appears; and c. In paragraph ( d) introductory text and paragraphs ( d)( 1)

and ( d)( 2), replace the word " unit" by the word " source" whenever it appears;

d. In paragraphs ( d)( 3) and ( d)( 4), replace the words " unit's Allowance Tracking System account" by the words " source's compliance account's" whenever they appear; and e. In paragraph ( d)( 5), replace the words " unit's compliance subaccount" by the words " source's compliance account".

§ 77.4 [ Amended]

3. Section 77.4 is amended by:

a. In paragraph ( b)( 1), replace the words " unit's compliance subaccount" by the words " source's compliance account"; and b. In paragraphs ( c)( 1)( ii)( A), ( d)( 1), ( d)( 2), ( d)( 3), 24 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite ( e)( iv), ( g)( 2)( ii), ( g)( 3)( ii), and ( g)( 3)( iii), replace the word " unit" by the word " source"; and c. In paragraph ( k)( 2), replace the words " unit's compliance subaccount" by the words " source's compliance account" and replace the word " unit" by the word " source".

§ 77.5 [ Amended]

4. Section 77.5 is amended by:

a. In paragraph ( b), replace the words " compliance subaccount" with the words " compliance account";

b. In paragraph ( c), replace the words ", from the unit's compliance subaccount" with the words " allocated for the year after the year in which the source has excess emissions, from the source's compliance account" and replace the word " unit's" by the word " source's"; and c. Remove paragraph ( d).

§ 77.6 [ Amended]

5. Section 77.6 is amended by:

a. In paragraph ( a)( 1), add, after the words " sulfur dioxide", the words " occur at the affected source" and replace the words " owners and operators of the affected unit" by the words " owners and operators respectively of the affected source and the affected units at the source or of the affected unit";

b. In paragraph ( b)( 1)( i)( A), replace the word " unit" by the 25 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite words " source or unit as appropriate"; and c. In paragraphs ( b)( 3),( c), and ( f), replace the word " unit" by the words " source or unit as appropriate".

PART 78   APPEAL PROCEDURES 1. The title of this part is amended by replace the words " APPEAL PROCEDURES FOR ACID RAIN PROGRAM" by the words " APPEAL PROCEDURES".

2. The authority citation for part 78 continues to read as follows:

Authority: 42 U. S. C. 7401, 7403, 7410, 7426, 7601, and 7651, et seq.

§ 78.1 [ Amended]

3. Section 78.1 is amended by:

a. In paragraph ( a)( 1), replace the words " parts 72, 73,

74, 75, 76, or 77 of this chapter or part 97 of this chapter" by the words " part 72, 73, 74, 75, 76, or 77 of this chapter,

subparts AA through II of part 96 of this chapter, subparts AAA through III of part 96 of this chapter, and subparts AAAA through subparts IIII of part 96 of this chapter, or part 97 of this chapter";

b. Revise paragraph ( b)( 2)( i);

c. Add new paragraphs ( b)( 7) and ( b)( 8) to read as follows:

§ 78.1 Purpose and scope. 26 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite ( b) * * * * *

( 2) * * *

( i) The correction of an error in an Allowance Tracking System account;

* * * * *

( 7) Under subparts AA through II of part 96 of this chapter,

( i) The decision on the allocation of CAIR NOX allowances under § 96.141( a)( 2), ( b)( 2), or ( c)( 2).

( ii) The decision on the deduction of CAIR NOX allowances,

and the adjustment of the information in a submission and the decision on the deduction or transfer of CAIR NOX allowances based on the information as adjusted, under § 96.154;

( iii) The correction of an error in a CAIR NOX Allowance Tracking System account under § 96.156;

( iii) The decision on the transfer of CAIR NOX allowances under § 96.161;

( iv) The finalization of control period emissions data,

including retroactive adjustment based on audit;

( v) The approval or disapproval of a petition under § 96.175.

( 8) Under subparts AAA through III of part 96 of this chapter,

( i) The decision on the deduction of CAIR SO2 allowances, 27 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite and the adjustment of the information in a submission and the decision on the deduction or transfer of CAIR SO2 allowances based on the information as adjusted, under § 96.254;

( ii) The correction of an error in a CAIR SO2 Allowance Tracking System account under § 97.256;

( iii) The decision on the transfer of CAIR SO2 allowances under § 96.261;

( iv) The finalization of control period emissions data,

including retroactive adjustment based on audit;

( v) The approval or disapproval of a petition under § 96.275.

( 9) Under subparts AAAA through IIII of part 96 of this chapter,

( i) The decision on the allocation of CAIR NOX Ozone Season allowances under § 96.341( a)( 2), ( b)( 2), or ( c)( 2).

( ii) The decision on the deduction of CAIR NOX Ozone Season allowances, and the adjustment of the information in a submission and the decision on the deduction or transfer of CAIR NOX Ozone Season allowances based on the information as adjusted, under § 96.354;

( iii) The correction of an error in a CAIR NOX Ozone Season Allowance Tracking System account under § 96.356;

( iii) The decision on the transfer of CAIR NOX Ozone Season 28 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite allowances under § 96.361;

( iv) The finalization of control period emissions data,

including retroactive adjustment based on audit;

( v) The approval or disapproval of a petition under § 96.375.

§ 78.3 [ Amended]

4. Section 78.3 is amended by:

a. In paragraph ( b)( 3)( i), add, after the words "( unless the NOX authorized account representative is the petitioner)",

the words " or the CAIR designated representative, CAIR NOX authorized account representative, CAIR SO2 authorized account representative, or CAIR NOX Ozone Season authorized account representative under paragraph ( a)( 4), ( 5), or ( 6) of this section ( unless the CAIR designated representative or CAIR authorized account representative is the petitioner)";

b. In paragraph ( c)( 7), replace the words " or part 97 of this chapter, as appropriate" by the words ", subparts AA through II of part 96 of this chapter, subparts AAA through III of part 96 of this chapter, subparts AAAA through IIII of part 96 of this chapter, or part 97 of this chapter, as appropriate";

c. In paragraph ( d)( 3), add, after the words " under the NOX Budget Trading Program", the words " or on an account certificate of representation submitted by a CAIR designated representative 29 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite or an application for a general account submitted by a CAIR NOX authorized account representative under subparts AA through II of part 96 of this chapter, a CAIR SO2 authorized account representative under subparts AAA through III of part 96 of this chapter, or a CAIR NOX Ozone Season authorized account representative under subparts AAAA through IIII of part 96 of this chapter";

d. Add new paragraphs ( a)( 4), ( a)( 5), ( d)( 5), and ( d)( 6) to read as follows:

§ 78.3 Petition for administrative review and request for evidentiary hearing.

( a) * * *

( 4) The following persons may petition for administrative review of a decision of the Administrator that is made under subparts AA through II of part 96 and that is appealable under § 78.1( a) of this part:

( i) The CAIR designated representative for a unit or source,

or the CAIR NOX authorized account representative for any CAIR NOX Allowance Tracking System account, covered by the decision;

or ( ii) Any interested person.

( 5) The following persons may petition for administrative review of a decision of the Administrator that is made under 30 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite subparts AAA through III of part 96 and that is appealable under § 78.1( a) of this part:

( i) The CAIR designated representative for a unit or source,

or the CAIR SO2 authorized account representative for any CAIR SO2 Allowance Tracking System account, covered by the decision;

or ( ii) Any interested person.

( 6) The following persons may petition for administrative review of a decision of the Administrator that is made under subparts AAAA through IIII of part 96 and that is appealable under § 78.1( a) of this part:

( i) The CAIR designated representative for a unit or source,

or the CAIR NOX Ozone Season authorized account representative for any CAIR Ozone Season NOX Allowance Tracking System account,

covered by the decision; or ( ii) Any interested person.

* * * * *

( d) * * *

( 5) Any provision or requirement of subparts AA through HH of part 96, including the standard requirements under § 96.106 of this chapter and any emission monitoring or reporting requirements.

( 6) Any provision or requirement of subparts AAA through HHH 31 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite of part 96, including the standard requirements under § 96.206 of this chapter and any emission monitoring or reporting requirements.

* * * * *

§ 78.4 [ Amended]

5. Section 78.4 is amended by adding two new sentences after the fifth sentence in paragraph ( a) to read as follows:

§ 78.4 Filings.

( a) * * * Any filings on behalf of owners and operators of a CAIR NOX, SO2, or NOX Ozone Season unit or source shall be signed by the CAIR designated representative. Any filings on behalf of persons with an interest in CAIR NOX allowances in a general account shall be signed by the CAIR NOX authorized account representative. Any filings on behalf of persons with an interest in CAIR SO2 allowances in a general account shall be signed by the CAIR SO2 authorized account representative. Any filings on behalf of persons with an interest in CAIR NOX Ozone Season allowances in a general account shall be signed by the CAIR NOX Ozone Season authorized account representative. * * *

* * * * *

§ 78.5 [ Amended]

6. Section 78.5 is amended, in paragraph ( a), by removing the words ", or a claim or error notification was submitted," the 32 Section I 3/ 4/ 2005 DRAFT Do Not Quote or Cite words " or in the claim of error notification", and the words " or the period for submitting a claim of error notification".

§ 78.12 [ Amended]

7. Section 78.12 is amended by:

a. In paragraph ( a) introductory text, remove the words ", or to submit a claim of error notification";

b. In paragraph ( a)( 2), replace the words " NOX Budget permit" by the words ", NOX Budget permit, CAIR permit,".

§ 78.13 [ Amended]

8. Section 78.13 is amended by, in paragraph ( b), removing the word " also".