[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Rules and Regulations]
[Pages 46107-46115]
[FR Doc No: 2018-19801]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, and 63

[EPA-R06-OAR-2016-0091; FRL-9982-62--Region 6]

New Source Performance Standards and National Emission Standards
for Hazardous Air Pollutants; Delegation of Authority to New Mexico

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; delegation of authority.

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SUMMARY: The New Mexico Environment Department (NMED) has submitted
updated regulations for receiving delegation and approval of a program
for the implementation and enforcement of certain New Source
Performance Standards (NSPS) and National Emission Standards for
Hazardous Air Pollutants (NESHAP) for all sources (both Title V and
non-Title V sources). These updated regulations apply to certain NSPS
promulgated by the EPA and amended between September 24, 2013 and
January 15, 2017; certain NESHAP promulgated by the EPA and amended
between January 1, 2011 and January 15, 2017; and other NESHAP
promulgated by the EPA and amended between August 30, 2013 and January
15, 2017, as adopted by the NMED. The delegation of authority under
this action does not apply to sources located in Bernalillo County, New
Mexico, or to sources located in areas defined as Indian Country. The
EPA is providing notice that it is updating the delegation of certain
NSPS to NMED, and taking final action to approve the delegation of
certain NESHAP to NMED.

DATES: This rule is effective on October 12, 2018.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2016-0091. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett (6MM-AP), (214) 665-
7227; email: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. Response to Comment
III. What does this action do?
IV. What is the authority for delegation?
V. What criteria must New Mexico's programs meet to be approved?
VI. How did NMED meet the NSPS and NESHAP program approval criteria?
VII. What is being delegated?
VIII. What is not being delegated?
IX. How will statutory and regulatory interpretations be made?
X. What authority does the EPA have?
XI. What information must NMED provide to the EPA?
XII. What is the EPA's oversight role?
XIII. Should sources submit notices to the EPA or NMED?
XIV. How will unchanged authorities be delegated to NMED in the
future?
XV. Final Action
XVI. Statutory and Executive Order Reviews

I. Background

    On April 13, 2018, EPA published a direct final rule and
accompanying proposal approving the updated delegation of authority for
implementation and enforcement of NSPS and NESHAPs for all sources
(both part 70 and non-part 70 sources) to the NMED. The direct final
rule and proposal were published without prior proposal because EPA
anticipated no relevant adverse comments. See 83 FR 15964 and 83 FR
16027, respectively. EPA stated in the direct final rule that if we
receive relevant adverse comments by May 14, 2018, we would publish a
timely withdrawal in the Federal Register, and all public comments
received would be addressed in a subsequent final rule based on the
proposed rule.
    EPA received an adverse comment on May 14, 2018, and accordingly
withdrew the direct final rule on June 5, 2018, pursuant to sections
111 and 112 of the CAA. See 83 FR 25936. The comment and our response
to that comment follows below.

II. Response to Comment

    Comment: EPA received an anonymous adverse comment in response to
the proposed rulemaking. The comment includes several personal
observations and statements critical of New Mexico's ability to
maintain and oversee its air quality programs. The commenter recommends
that the proposed update to New Mexico's NESHAP delegation not be
approved until EPA investigates the commenter's allegations and New
Mexico has addressed the alleged deficiencies. See Docket for the
entire comment.
    EPA's Response: We thank the commenter for the comment. Section
112(l) of the Act and EPA's implementing regulations at 40 CFR part 63,
subpart E primarily govern EPA's actions on State requests for
delegation of authority to implement and enforce the NESHAP program.
CAA section 112(l)(5)(B) states that EPA shall disapprove a NESHAP
program submitted by a State if we find that adequate resources are not
available to implement the program. See also 40 CFR 63.91(d)(3)(iii).
Several concerns expressed by the commenter relate to the adequacy of
resources (including the lack of technically experienced and qualified
staff) maintained by the NMED Air Quality Bureau. NMED provided EPA
with a response to those comments that included a description of
current resources and experience within the Air Quality Bureau. See
Docket for NMED's response. In addition, consistent with 40 CFR
63.91(d)(2), New Mexico's delegation update request included a
reference to its previous demonstration and a reaffirmation that the
up-front approval criteria for delegation are still being met. Based on
this information as well as discussions with the Compliance and
Enforcement Division and the Criminal Investigation Division within EPA
Region 6, we have not identified sufficient information to support the
necessary finding for disapproval of the requested NESHAP

delegation update. The remainder of the commenter's concerns (e.g.,
meeting the requirements of EPA's compliance monitoring plan) relate to
matters that are more appropriately addressed as part of our oversight
responsibilities. EPA oversees NMED's decisions to ensure the delegated
authorities are being adequately implemented and enforced. We integrate
oversight of the delegated authorities into the existing mechanisms and
resources for oversight currently in place. If, during oversight, we
determine that NMED made decisions which decreased the stringency of
the delegated standards, then NMED would be required to take corrective
actions and the source(s) affected by the decisions will be notified,
as required by 40 CFR 63.91(g)(1)(ii). Our oversight authorities allow
us to initiate withdrawal of the program delegation if the corrective
actions taken are insufficient.

III. What does this action do?

    The EPA is providing notice that it is approving NMED's request
updating the delegation for the implementation and enforcement of
certain NSPS. The EPA is also taking final action to approve NMED's
request updating the delegation of certain NESHAP. With this
delegation, NMED has the primary responsibility to implement and
enforce the delegated standards. See sections VII and VIII, below, for
a discussion of which standards are being delegated and which are not
being delegated.

IV. What is the authority for delegation?

    Upon the EPA's finding that the procedures submitted by a State for
the implementation and enforcement of standards of performance for new
sources located in the State are adequate, Section 111(c)(1) of the
Clean Air Act (CAA) authorizes the EPA to delegate its authority to
implement and enforce such standards. The new source performance
standards are codified at 40 CFR part 60.
    Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorize
the EPA to delegate authority for the implementation and enforcement of
emission standards for hazardous air pollutants to a State that
satisfies the statutory and regulatory requirements in subpart E. The
hazardous air pollutant standards are codified at 40 CFR parts 61 and
63.

V. What criteria must New Mexico's programs meet to be approved?

    In order to receive delegation of NSPS, a State must develop and
submit to the EPA a procedure for implementing and enforcing the NSPS
in the state, and their regulations and resources must be adequate for
the implementation and enforcement of the NSPS. The EPA initially
approved New Mexico's program for the delegation of NSPS on June 6,
1986 (51 FR 20648). The EPA reviewed the laws of the State and the
rules and regulations of the New Mexico Environmental Improvement
Division (now the NMED) and determined the State's procedures,
regulations and resources adequate for the implementation and
enforcement of the Federal standards. The NSPS delegation was most
recently updated on February 2, 2015 (80 FR 5475). This action notifies
the public that the EPA is updating NMED's delegation to implement and
enforce certain additional NSPS.
    Section 112(l)(5) of the CAA requires the EPA to disapprove any
program submitted by a State for the delegation of NESHAP standards if
the EPA determines that:
    (A) The authorities contained in the program are not adequate to
assure compliance by the sources within the State with respect to each
applicable standard, regulation, or requirement established under
section 112;
    (B) adequate authority does not exist, or adequate resources are
not available, to implement the program;
    (C) the schedule for implementing the program and assuring
compliance by affected sources is not sufficiently expeditious; or
    (D) the program is otherwise not in compliance with the guidance
issued by the EPA under section 112(l)(2) or is not likely to satisfy,
in whole or in part, the objectives of the CAA.
    In carrying out its responsibilities under section 112(l), the EPA
promulgated regulations at 40 CFR part 63, subpart E setting forth
criteria for the approval of submitted programs. For example, in order
to obtain approval of a program to implement and enforce Federal
section 112 rules as promulgated without changes (straight delegation),
a State must demonstrate that it meets the criteria of 40 CFR 63.91(d).
40 CFR 63.91(d)(3) provides that interim or final title V program
approval will satisfy the criteria of 40 CFR 63.91(d).\1\
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    \1\ Some NESHAP standards do not require a source to obtain a
title V permit (e.g., certain area sources that are exempt from the
requirement to obtain a title V permit). For these non-title V
sources, the EPA believes that the State must assure the EPA that it
can implement and enforce the NESHAP for such sources. See 65 FR
55810, 55813 (Sept. 14, 2000).
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    The NESHAP delegation was most recently approved on February 2,
2015 (80 FR 5475).

VI. How did NMED meet the NSPS and NESHAP program approval criteria?

    As to the NSPS standards in 40 CFR part 60, NMED adopted the
Federal standards via incorporation by reference. The NMED regulations
are, therefore, at least as stringent as the EPA's rules. See 40 CFR
60.10(a). Also, in the EPA initial approval of NSPS delegation, we
determined that the State developed procedures for implementing and
enforcing the NSPS in the State, and that the State's regulations and
resources are adequate for the implementation and enforcement of the
Federal standards. See 51 FR 20648 (June 6, 1986).
    As to the NESHAP standards in 40 CFR parts 61 and 63, as part of
its Title V submission NMED stated that it intended to use the
mechanism of incorporation by reference to adopt unchanged Federal
section 112 standards into its regulations. This commitment applied to
both existing and future standards as they applied to part 70 sources.
The EPA's final interim approval of New Mexico's Title V operating
permits program delegated the authority to implement certain NESHAP,
effective December 19, 1994 (59 FR 59656). On November 26, 1996, the
EPA promulgated final full approval of the State's operating permits
program, effective January 27, 1997 (61 FR 60032). These interim and
final title V program approvals satisfy the upfront approval criteria
of 40 CFR 63.91(d). Under 40 CFR 63.91(d)(2), once a state has
satisfied the up-front approval criteria, it needs only to reference
the previous demonstration and reaffirm that it still meets the
criteria for any subsequent submittals for delegation of the section
112 standards. NMED has affirmed that it still meets the up-front
approval criteria. With respect to non-Title V sources, the EPA has
previously approved delegation of NESHAP authorities to NMED after
finding adequate authorities to implement and enforce the NESHAP for
non-Title V sources. See 68 FR 69036 (December 11, 2003).

VII. What is being delegated?

    By letter dated January 22, 2016, the EPA received a request from
NMED to update its NSPS delegation and NESHAP delegation. With certain
exceptions noted in section VIII below, NMED's request included NSPS in
40 CFR part 60, as amended between September 24, 2013 and September 15,
2015; NESHAP in 40 CFR part 61, as

amended between January 1, 2011 and September 15, 2015; and NESHAP in
40 CFR part 63, as amended between August 30, 2013 and September 15,
2015.
    By letter dated June 9, 2017, the EPA received a request from NMED
to update its NSPS delegation and NESHAP delegation. With certain
exceptions noted in section VIII below, NMED's request included NSPS in
40 CFR part 60, as amended between September 15, 2015 and January 15,
2017; NESHAP in 40 CFR part 61, as amended between September 15, 2015
and January 15, 2017; and NESHAP in 40 CFR part 63, as amended between
September 15, 2015 and January 15, 2017. This action is being taken in
response to NMED's requests noted above.

VIII. What is not being delegated?

    All authorities not affirmatively and expressly delegated by this
action are not delegated. These include the following part 60, 61 and
63 authorities listed below:
     40 CFR part 60, subpart AAA (Standards of Performance for
New Residential Wood Heaters);
     40 CFR part 60, subpart QQQQ (Standards of Performance for
New Residential Hydronic Heaters and Forced-Air Furnaces);
     40 CFR part 61, subpart B (National Emission Standards for
Radon Emissions From Underground Uranium Mines);
     40 CFR part 61, subpart H (National Emission Standards for
Emissions of Radionuclides Other Than Radon From Department of Energy
Facilities);
     40 CFR part 61, subpart I (National Emission Standards for
Radionuclide Emissions From Federal Facilities Other Than Nuclear
Regulatory Commission Licensees and Not Covered by Subpart H);
     40 CFR part 61, subpart K (National Emission Standards for
Radionuclide Emissions From Elemental Phosphorus Plants);
     40 CFR part 61, subpart Q (National Emission Standards for
Radon Emissions From Department of Energy facilities);
     40 CFR part 61, subpart R (National Emission Standards for
Radon Emissions From Phosphogypsum Stacks);
     40 CFR part 61, subpart T (National Emission Standards for
Radon Emissions From the Disposal of Uranium Mill Tailings);
     40 CFR part 61, subpart W (National Emission Standards for
Radon Emissions From Operating Mill Tailings); and
     40 CFR part 63, subpart J (National Emission Standards for
Polyvinyl Chloride and Copolymers Production).
    In addition, the EPA regulations provide that we cannot delegate to
a State any of the Category II authorities set forth in 40 CFR
63.91(g)(2). These include the following provisions: Sec.  63.6(g),
Approval of Alternative Non-Opacity Standards; Sec.  63.6(h)(9),
Approval of Alternative Opacity Standards; Sec.  63.7(e)(2)(ii) and
(f), Approval of Major Alternatives to Test Methods; Sec.  63.8(f),
Approval of Major Alternatives to Monitoring; and Sec.  63.10(f),
Approval of Major Alternatives to Recordkeeping and Reporting. Also,
some Part 61 and Part 63 standards have certain provisions that cannot
be delegated to the States. Furthermore, no authorities are delegated
that require rulemaking in the Federal Register to implement, or where
Federal overview is the only way to ensure national consistency in the
application of the standards or requirements of CAA section 112.
Finally, this action does not delegate any authority under section
112(r), the accidental release program.
    All inquiries and requests concerning implementation and
enforcement of the excluded standards in the State of New Mexico should
be directed to the EPA Region 6 Office.
    In addition, this delegation to NMED to implement and enforce
certain NSPS and NESHAP authorities does not extend to sources or
activities located in Indian country, as defined in 18 U.S.C. 1151.
Under this definition, the EPA treats as reservations, trust lands
validly set aside for the use of a Tribe even if the trust lands have
not been formally designated as a reservation. Consistent with previous
Federal program approvals or delegations, the EPA will continue to
implement the NSPS and NESHAP in Indian country because NMED has not
submitted information to demonstrate authority over sources and
activities located within the exterior boundaries of Indian
reservations and other areas in Indian country.

IX. How will statutory and regulatory interpretations be made?

    In approving the NSPS delegation, NMED will obtain concurrence from
the EPA on any matter involving the interpretation of section 111 of
the CAA or 40 CFR part 60 to the extent that implementation or
enforcement of these provisions have not been covered by prior EPA
determinations or guidance. See 51 FR 20649 (June 6, 1986).
    In approving the NESHAP delegation, NMED will obtain concurrence
from the EPA on any matter involving the interpretation of section 112
of the CAA or 40 CFR parts 61 and 63 to the extent that implementation
or enforcement of these provisions have not been covered by prior EPA
determinations or guidance.

X. What authority does the EPA have?

    We retain the right, as provided by CAA section 111(c)(2), to
enforce any applicable emission standard or requirement under section
111.
    We retain the right, as provided by CAA section 112(l)(7) and 40
CFR 63.90(d)(2), to enforce any applicable emission standard or
requirement under section 112. In addition, the EPA may enforce any
federally approved State rule, requirement, or program under 40 CFR
63.90(e) and 63.91(c)(1)(i). The EPA also has the authority to make
decisions under the General Provisions (subpart A) of parts 61 and 63.
We are delegating to NMED some of these authorities, and retaining
others, as explained in sections V and VI above. In addition, the EPA
may review and disapprove State determinations and subsequently require
corrections. See 40 CFR 63.91(g)(1)(ii). EPA also has the authority to
review NMED's implementation and enforcement of approved rules or
programs and to withdraw approval if we find inadequate implementation
or enforcement. See 40 CFR 63.96.
    Furthermore, we retain any authority in an individual emission
standard that may not be delegated according to provisions of the
standard. Also, listed in footnote 2 of the part 63 delegation table at
the end of this rule are the authorities that cannot be delegated to
any State or local agency which we therefore retain.
    Finally, we retain the authorities stated in the original
delegation agreement. See 51 FR 20648-20650 (June 6, 1986).

XI. What information must NMED provide to the EPA?

    NMED must provide any additional compliance related information to
EPA, Region 6, Office of Enforcement and Compliance Assurance, within
45 days of a request under 40 CFR 63.96(a). In receiving delegation for
specific General Provisions authorities, NMED must submit to EPA Region
6, on a semi-annual basis, copies of determinations issued under these
authorities. See 40 CFR 63.91(g)(1)(ii). For 40 CFR part 63 standards,
these determinations include: Section 63.1, Applicability
Determinations; Section 63.6(e), Operation and Maintenance
Requirements--Responsibility for Determining Compliance; Section

63.6(f), Compliance with Non-Opacity Standards--Responsibility for
Determining Compliance; Section 63.6(h), Compliance with Opacity and
Visible Emissions Standards--Responsibility for Determining Compliance;
Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans;
Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test Methods;
Section 63.7(e)(2)(ii) and (f), Approval of Intermediate Alternatives
to Test Methods; Section 63.7(e)(iii), Approval of Shorter Sampling
Times and Volumes When Necessitated by Process Variables or Other
Factors; Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of
Performance Testing; Sections 63.8(c)(1) and (e)(1), Approval of Site-
Specific Performance Evaluation (Monitoring) Test Plans; Section
63.8(f), Approval of Minor Alternatives to Monitoring; Section 63.8(f),
Approval of Intermediate Alternatives to Monitoring; Section 63.9 and
63.10, Approval of Adjustments to Time Periods for Submitting Reports;
Section 63.10(f), Approval of Minor Alternatives to Recordkeeping and
Reporting; and Section 63.7(a)(4), Extension of Performance Test
Deadline.

XII. What is the EPA's oversight role?

    The EPA oversees NMED's decisions to ensure the delegated
authorities are being adequately implemented and enforced. We will
integrate oversight of the delegated authorities into the existing
mechanisms and resources for oversight currently in place. If, during
oversight, we determine that NMED made decisions that decreased the
stringency of the delegated standards, then NMED shall be required to
take corrective actions and the source(s) affected by the decisions
will be notified. See 40 CFR 63.91(g)(1)(ii) and 63.91(b). Our
oversight authorities allow us to initiate withdrawal of the program
delegation if the corrective actions taken are insufficient.

XIII. Should sources submit notices to the EPA or NMED?

    Sources located outside the boundaries of Bernalillo County and
outside of Indian country should submit all information required
pursuant to the delegated authorities in the Federal NSPS and NESHAP
(40 CFR parts 60, 61 and 63) directly to the NMED at the following
address: New Mexico Environment Department, P.O. Box 5469, Santa Fe,
New Mexico 87502-5469. The NMED is the primary point of contact with
respect to delegated NSPS and NESHAP authorities. Sources do not need
to send a copy to the EPA. The EPA Region 6 waives the requirement that
notifications and reports for delegated authorities be submitted to the
EPA in addition to NMED in accordance with 40 CFR 63.9(a)(4)(ii) and
63.10(a)(4)(ii).\2\ For those authorities not delegated, sources must
continue to submit all appropriate information to the EPA.
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    \2\ This waiver only extends to the submission of copies of
notifications and reports; EPA does not waive the requirements in
delegated standards that require notifications and reports be
submitted to an electronic database (e.g., 40 CFR part 63, subpart
HHHHHHH).
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XIV. How will unchanged authorities be delegated to NMED in the future?

    In the future, NMED will only need to send a letter of request to
update their delegation to EPA, Region 6, for those NSPS which they
have adopted by reference. The EPA will amend the relevant portions of
the Code of Federal Regulations showing which NSPS standards have been
delegated to NMED. Also, in the future, NMED will only need to send a
letter of request for approval to EPA, Region 6, for those NESHAP
regulations that NMED has adopted by reference. The letter must
reference the previous up-front approval demonstration and reaffirm
that it still meets the up-front approval criteria. We will respond in
writing to the request stating that the request for delegation is
either granted or denied. A Federal Register action will be published
to inform the public and affected sources of the delegation, indicate
where source notifications and reports should be sent, and to amend the
relevant portions of the Code of Federal Regulations showing which
NESHAP standards have been delegated to NMED.

XV. Final Action

    We are approving the request by the NMED for the updated delegation
of certain NSPS to NMED, and taking final action to approve the
delegation of certain NESHAP to NMED, for all sources (both Title V and
non-Title V sources). These updated regulations apply to certain NSPS
promulgated by the EPA at 40 CFR part 60, as amended between September
24, 2013 and January 15, 2017; certain NESHAP promulgated by the EPA at
40 CFR part 61, as amended between January 1, 2011 and January 15,
2017; and other NESHAP promulgated by the EPA at 40 CFR part 63, as
amended between August 30, 2013 and January 15, 2017, as adopted by the
NMED (See the amendatory language at the end of this document for the
specific standards delegated). The delegation of authority under this
action does not apply to sources located in Bernalillo County, New
Mexico, or to sources located in areas defined as Indian Country.

XVI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
is not an Executive Order 13771 regulatory action because this action
is not significant under Executive Order 12866. This action merely
approves state law as meeting Federal requirements and imposes no
additional requirements beyond those imposed by state law. Accordingly,
the Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4). The EPA believes that this action does not
have disproportionately high and adverse human health or environmental
effects on minority populations, low-income populations and/or
indigenous peoples, as specified in Executive Order 12898 (59 FR 7629,
February 16, 1994).
    The delegation is not approved to apply on any Indian reservation
land or in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it
impose substantial direct costs on tribal governments or preempt tribal
law.
    This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state request to receive
delegation of certain Federal standards, and does not alter the
relationship or the distribution of power and

responsibilities established in the Clean Air Act. This rule also is
not subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
    In reviewing delegation submissions, EPA's role is to approve
submissions, provided that they meet the criteria of the Clean Air Act.
This action is not subject to the requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 13, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

40 CFR Part 61

    Environmental protection, Administrative practice and procedure,
Air pollution control, Arsenic, Benzene, Beryllium, Hazardous
substances, Intergovernmental relations, Mercury, Reporting and
recordkeeping requirements, Vinyl chloride.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

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

    Dated: September 6, 2018.
Wren Stenger,
Director, Multimedia Division, Region 6.

    40 CFR parts 60, 61, and 63 are amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart A--General Provisions

0
2. Section 60.4 is amended by revising paragraphs (b)(33) and (e)(1) to
read as follows:

Sec.  60.4  Address.

* * * * *
    (b) * * *
    (33) State of New Mexico: New Mexico Environment Department, P.O.
Box 5469, Santa Fe, New Mexico 87502-5469. Note: For a list of
delegated standards for New Mexico (excluding Bernalillo County and
Indian country), see paragraph (e)(1) of this section.
* * * * *
    (e) * * *
    (1) New Mexico. The New Mexico Environment Department has been
delegated all part 60 standards promulgated by the EPA, except subpart
AAA--Standards of Performance for New Residential Wood Heaters; and
subpart QQQQ--Standards of Performance for New Residential Hydronic
Heaters and Forced-Air Furnaces, as amended in the Federal Register
through January 15, 2017.
* * * * *

PART 61--[AMENDED]

0
 3. The authority citation for part 61 continues to read as follows:

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

Subpart A--General Provisions

0
 4. Section 61.04 is amended by revising paragraphs (b)(33) and
(c)(6)(iii) to read as follows:

Sec.  61.04  Address.

    (b) * * *
    (33) State of New Mexico: New Mexico Environment Department, P.O.
Box 5469, Santa Fe, New Mexico 87502-5469. For a list of delegated
standards for New Mexico (excluding Bernalillo County and Indian
country), see paragraph (c)(6) of this section.
* * * * *
    (c) * * *
    (6) * * *
    (iii) New Mexico. The New Mexico Environment Department (NMED) has
been delegated the following part 61 standards promulgated by the EPA,
as amended in the Federal Register through January 15, 2017. The (X)
symbol is used to indicate each subpart that has been delegated. The
delegations are subject to all of the conditions and limitations set
forth in Federal law and regulations.

   Delegation Status for National Emission Standards for Hazardous Air
              Pollutants (Part 61 Standards) for New Mexico
            [Excluding Bernalillo County and Indian Country]
------------------------------------------------------------------------
            Subpart                  Source category         NMED \1\
------------------------------------------------------------------------
A..............................  General Provisions....               X
B..............................  Radon Emissions From    ...............
                                  Underground Uranium
                                  Mines.
C..............................  Beryllium.............               X
D..............................  Beryllium Rocket Motor               X
                                  Firing.
E..............................  Mercury...............               X
F..............................  Vinyl Chloride........               X
G..............................  (Reserved)............  ...............
H..............................  Emissions of            ...............
                                  Radionuclides Other
                                  Than Radon From
                                  Department of Energy
                                  Facilities.

I..............................  Radionuclide Emissions  ...............
                                  From Federal
                                  Facilities Other Than
                                  Nuclear Regulatory
                                  Commission Licensees
                                  and Not Covered by
                                  Subpart H.
J..............................  Equipment Leaks                      X
                                  (Fugitive Emission
                                  Sources) of Benzene.
K..............................  Radionuclide Emissions  ...............
                                  From Elemental
                                  Phosphorus Plants.
L..............................  Benzene Emissions From               X
                                  Coke By-Product
                                  Recovery Plants.
M..............................  Asbestos..............               X
N..............................  Inorganic Arsenic                    X
                                  Emissions From Glass
                                  Manufacturing Plants.
O..............................  Inorganic Arsenic                    X
                                  Emissions From
                                  Primary Copper
                                  Smelters.
P..............................  Inorganic Arsenic                    X
                                  Emissions From
                                  Arsenic Trioxide and
                                  Metallic Arsenic
                                  Production Facilities.
Q..............................  Radon Emissions From    ...............
                                  Department of Energy
                                  Facilities.
R..............................  Radon Emissions From    ...............
                                  Phosphogypsum Stacks.
S..............................  (Reserved)............  ...............
T..............................  Radon Emissions From    ...............
                                  the Disposal of
                                  Uranium Mill Tailings.
U..............................  (Reserved)............  ...............
V..............................  Equipment Leaks                      X
                                  (Fugitives Emission
                                  Sources).
W..............................  Radon Emissions From    ...............
                                  Operating Mill
                                  Tailings.
X..............................  (Reserved)............  ...............
Y..............................  Benzene Emissions From               X
                                  Benzene Storage
                                  Vessels.
Z-AA...........................  (Reserved)............  ...............
BB.............................  Benzene Emissions From               X
                                  Benzene Transfer
                                  Operations.
CC-EE..........................  (Reserved)............  ...............
FF.............................  Benzene Waste                        X
                                  Operations.
------------------------------------------------------------------------
\1\ Program delegated to New Mexico Environment Department (NMED).

PART 63--[AMENDED]

0
5. The authority citation for part 63 continues to read as follows:

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

Subpart E--Approval of State Programs and Delegation of Federal
Authorities

0
 6. Section 63.99 is amended by revising paragraph (a)(32)(i) to read
as follows:

Sec.  63.99  Delegated Federal authorities.

    (a) * * *
    (32) * * *
    (i) The following table lists the specific part 63 standards that
have been delegated unchanged to the New Mexico Environment Department
for all sources. The ``X'' symbol is used to indicate each subpart that
has been delegated. The delegations are subject to all of the
conditions and limitations set forth in Federal law and regulations.
Some authorities cannot be delegated and are retained by the EPA. These
include certain General Provisions authorities and specific parts of
some standards. Any amendments made to these rules after January 15,
2017 are not delegated.

                          Delegation Status for Part 63 Standards--State of New Mexico
                                           [Excluding Indian Country]
----------------------------------------------------------------------------------------------------------------
                  Subpart                             Source category               NMED 1 2       ABCAQCB 1 3
----------------------------------------------------------------------------------------------------------------
A.........................................  General Provisions................               X                X
D.........................................  Early Reductions..................               X                X
F.........................................  Hazardous Organic NESHAP (HON)--                 X                X
                                             Synthetic Organic Chemical
                                             Manufacturing Industry (SOCMI).
G.........................................  HON--SOCMI Process Vents, Storage                X                X
                                             Vessels, Transfer Operations and
                                             Wastewater.
H.........................................  HON--Equipment Leaks..............               X                X
I.........................................  HON--Certain Processes Negotiated                X                X
                                             Equipment Leak Regulation.
J.........................................  Polyvinyl Chloride and Copolymers            \(4)\            \(4)\
                                             Production.
K.........................................  (Reserved)........................  ...............  ...............
L.........................................  Coke Oven Batteries...............               X                X
M.........................................  Perchloroethylene Dry Cleaning....               X                X
N.........................................  Chromium Electroplating and                      X                X
                                             Chromium Anodizing Tanks.
O.........................................  Ethylene Oxide Sterilizers........               X                X
P.........................................  (Reserved)........................  ...............  ...............
Q.........................................  Industrial Process Cooling Towers.               X                X
R.........................................  Gasoline Distribution.............               X                X
S.........................................  Pulp and Paper Industry...........               X                X
T.........................................  Halogenated Solvent Cleaning......               X                X
U.........................................  Group I Polymers and Resins.......               X                X
V.........................................  (Reserved)........................  ...............  ...............
W.........................................  Epoxy Resins Production and Non-                 X                X
                                             Nylon Polyamides Production.
X.........................................  Secondary Lead Smelting...........               X                X
Y.........................................  Marine Tank Vessel Loading........               X                X

Z.........................................  (Reserved)........................  ...............  ...............
AA........................................  Phosphoric Acid Manufacturing                    X                X
                                             Plants.
BB........................................  Phosphate Fertilizers Production                 X                X
                                             Plants.
CC........................................  Petroleum Refineries..............               X                X
DD........................................  Off-Site Waste and Recovery                      X                X
                                             Operations.
EE........................................  Magnetic Tape Manufacturing.......               X                X
FF........................................  (Reserved)........................  ...............  ...............
GG........................................  Aerospace Manufacturing and Rework               X                X
                                             Facilities.
HH........................................  Oil and Natural Gas Production                   X                X
                                             Facilities.
II........................................  Shipbuilding and Ship Repair                     X                X
                                             Facilities.
JJ........................................  Wood Furniture Manufacturing                     X                X
                                             Operations.
KK........................................  Printing and Publishing Industry..               X                X
LL........................................  Primary Aluminum Reduction Plants.               X                X
MM........................................  Chemical Recovery Combustion                     X                X
                                             Sources at Kraft, Soda, Sulfide,
                                             and Stand-Alone Semichemical Pulp
                                             Mills.
NN........................................  Wool Fiberglass Manufacturing Area               X   ...............
                                             Sources.
OO........................................  Tanks-Level 1.....................               X                X
PP........................................  Containers........................               X                X
QQ........................................  Surface Impoundments..............               X                X
RR........................................  Individual Drain Systems..........               X                X
SS........................................  Closed Vent Systems, Control                     X                X
                                             Devices, Recovery Devices and
                                             Routing to a Fuel Gas System or a
                                             Process.
TT........................................  Equipment Leaks--Control Level 1..               X                X
UU........................................  Equipment Leaks--Control Level 2                 X                X
                                             Standards.
VV........................................  Oil--Water Separators and Organic--              X                X
                                             Water Separators.
WW........................................  Storage Vessels (Tanks)--Control                 X                X
                                             Level 2.
XX........................................  Ethylene Manufacturing Process                   X                X
                                             Units Heat Exchange Systems and
                                             Waste Operations.
YY........................................  Generic Maximum Achievable Control               X                X
                                             Technology Standards.
ZZ-BBB....................................  (Reserved)........................  ...............  ...............
CCC.......................................  Steel Pickling--HCI Process                      X                X
                                             Facilities and Hydrochloric Acid
                                             Regeneration.
DDD.......................................  Mineral Wool Production...........               X                X
EEE.......................................  Hazardous Waste Combustors........               X                X
FFF.......................................  (Reserved)........................  ...............  ...............
GGG.......................................  Pharmaceuticals Production........               X                X
HHH.......................................  Natural Gas Transmission and                     X                X
                                             Storage Facilities.
III.......................................  Flexible Polyurethane Foam                       X                X
                                             Production.
JJJ.......................................  Group IV Polymers and Resins......               X                X
KKK.......................................  (Reserved)........................  ...............  ...............
LLL.......................................  Portland Cement Manufacturing.....               X                X
MMM.......................................  Pesticide Active Ingredient                      X                X
                                             Production.
NNN.......................................  Wool Fiberglass Manufacturing.....               X                X
OOO.......................................  Amino/Phenolic Resins.............               X                X
PPP.......................................  Polyether Polyols Production......               X                X
QQQ.......................................  Primary Copper Smelting...........               X                X
RRR.......................................  Secondary Aluminum Production.....               X                X
SSS.......................................  (Reserved)........................  ...............  ...............
TTT.......................................  Primary Lead Smelting.............               X                X
UUU.......................................  Petroleum Refineries--Catalytic                  X                X
                                             Cracking Units, Catalytic
                                             Reforming Units and Sulfur
                                             Recovery Plants.
VVV.......................................  Publicly Owned Treatment Works                   X                X
                                             (POTW).
WWW.......................................  (Reserved)........................  ...............  ...............
XXX.......................................  Ferroalloys Production:                          X                X
                                             Ferromanganese and
                                             Silicomanganese.
AAAA......................................  Municipal Solid Waste Landfills...               X                X
CCCC......................................  Nutritional Yeast Manufacturing...               X                X
DDDD......................................  Plywood and Composite Wood                   X \5\            X \5\
                                             Products.
EEEE......................................  Organic Liquids Distribution......               X                X
FFFF......................................  Misc. Organic Chemical Production                X                X
                                             and Processes (MON).
GGGG......................................  Solvent Extraction for Vegetable                 X                X
                                             Oil Production.
HHHH......................................  Wet Formed Fiberglass Mat                        X                X
                                             Production.
IIII......................................  Auto and Light Duty Truck (Surface               X                X
                                             Coating).
JJJJ......................................  Paper and other Web (Surface                     X                X
                                             Coating).
KKKK......................................  Metal Can (Surface Coating).......               X                X
MMMM......................................  Misc. Metal Parts and Products                   X                X
                                             (Surface Coating).
NNNN......................................  Surface Coating of Large                         X                X
                                             Appliances.
OOOO......................................  Fabric Printing Coating and Dyeing               X                X
PPPP......................................  Plastic Parts (Surface Coating)...               X                X
QQQQ......................................  Surface Coating of Wood Building                 X                X
                                             Products.
RRRR......................................  Surface Coating of Metal Furniture               X                X
SSSS......................................  Surface Coating for Metal Coil....               X                X
TTTT......................................  Leather Finishing Operations......               X                X

UUUU......................................  Cellulose Production Manufacture..               X                X
VVVV......................................  Boat Manufacturing................               X                X
WWWW......................................  Reinforced Plastic Composites                    X                X
                                             Production.
XXXX......................................  Rubber Tire Manufacturing.........               X                X
YYYY......................................  Combustion Turbines...............               X                X
ZZZZ......................................  Reciprocating Internal Combustion                X                X
                                             Engines (RICE).
AAAAA.....................................  Lime Manufacturing Plants.........               X                X
BBBBB.....................................  Semiconductor Manufacturing.......               X                X
CCCCC.....................................  Coke Ovens: Pushing, Quenching and               X                X
                                             Battery Stacks.
DDDDD.....................................  Industrial/Commercial/                       X \6\            X \6\
                                             Institutional Boilers and Process
                                             Heaters.
EEEEE.....................................  Iron Foundries....................               X                X
FFFFF.....................................  Integrated Iron and Steel.........               X                X
GGGGG.....................................  Site Remediation..................               X                X
HHHHH.....................................  Miscellaneous Coating                            X                X
                                             Manufacturing.
IIIII.....................................  Mercury Cell Chlor-Alkali Plants..               X                X
JJJJJ.....................................  Brick and Structural Clay Products           X \7\            \(7)\
                                             Manufacturing.
KKKKK.....................................  Clay Ceramics Manufacturing.......           X \7\            \(7)\
LLLLL.....................................  Asphalt Roofing and Processing....               X                X
MMMMM.....................................  Flexible Polyurethane Foam                       X                X
                                             Fabrication Operation.
NNNNN.....................................  Hydrochloric Acid Production,                    X                X
                                             Fumed Silica Production.
OOOOO.....................................  (Reserved)........................  ...............  ...............
PPPPP.....................................  Engine Test Facilities............               X                X
QQQQQ.....................................  Friction Products Manufacturing...               X                X
RRRRR.....................................  Taconite Iron Ore Processing......               X                X
SSSSS.....................................  Refractory Products Manufacture...               X                X
TTTTT.....................................  Primary Magnesium Refining........               X                X
UUUUU.....................................  Coal and Oil-Fired Electric                  X \8\            X \8\
                                             Utility Steam Generating Units.
VVVVV.....................................  (Reserved)........................  ...............  ...............
WWWWW.....................................  Hospital Ethylene Oxide                          X                X
                                             Sterilizers.
XXXXX.....................................  (Reserved)........................  ...............  ...............
YYYYY.....................................  Electric Arc Furnace Steelmaking                 X                X
                                             Area Sources.
ZZZZZ.....................................  Iron and Steel Foundries Area                    X                X
                                             Sources.
AAAAAA....................................  (Reserved)........................  ...............  ...............
BBBBBB....................................  Gasoline Distribution Bulk                       X                X
                                             Terminals, Bulk Plants, and
                                             Pipeline Facilities.
CCCCCC....................................  Gasoline Dispensing Facilities....               X                X
DDDDDD....................................  Polyvinyl Chloride and Copolymers                X                X
                                             Production Area Sources.
EEEEEE....................................  Primary Copper Smelting Area                     X                X
                                             Sources.
FFFFFF....................................  Secondary Copper Smelting Area                   X                X
                                             Sources.
GGGGGG....................................  Primary Nonferrous Metals Area                   X                X
                                             Source: Zinc, Cadmium, and
                                             Beryllium.
HHHHHH....................................  Paint Stripping and Miscellaneous                X                X
                                             Surface Coating Operations at
                                             Area Sources.
IIIIII....................................  (Reserved)........................  ...............  ...............
JJJJJJ....................................  Industrial, Commercial, and                      X                X
                                             Institutional Boilers Area
                                             Sources.
KKKKKK....................................  (Reserved)........................  ...............  ...............
LLLLLL....................................  Acrylic and Modacrylic Fibers                    X                X
                                             Production Area Sources.
MMMMMM....................................  Carbon Black Production Area                     X                X
                                             Sources.
NNNNNN....................................  Chemical Manufacturing Area                      X                X
                                             Sources: Chromium Compounds.
OOOOOO....................................  Flexible Polyurethane Foam                       X                X
                                             Production and Fabrication Area
                                             Sources.
PPPPPP....................................  Lead Acid Battery Manufacturing                  X                X
                                             Area Sources.
QQQQQQ....................................  Wood Preserving Area Sources......               X                X
RRRRRR....................................  Clay Ceramics Manufacturing Area                 X                X
                                             Sources.
SSSSSS....................................  Glass Manufacturing Area Sources..               X                X
TTTTTT....................................  Secondary Nonferrous Metals                      X                X
                                             Processing Area Sources.
UUUUUU....................................  (Reserved)........................  ...............  ...............
VVVVVV....................................  Chemical Manufacturing Area                      X                X
                                             Sources.
WWWWWW....................................  Plating and Polishing Operations                 X                X
                                             Area Sources.
XXXXXX....................................  Metal Fabrication and Finishing                  X                X
                                             Area Sources.
YYYYYY....................................  Ferroalloys Production Facilities                X                X
                                             Area Sources.
ZZZZZZ....................................  Aluminum, Copper, and Other                      X                X
                                             Nonferrous Foundries Area Sources.
AAAAAAA...................................  Asphalt Processing and Asphalt                   X                X
                                             Roofing Manufacturing Area
                                             Sources.
BBBBBBB...................................  Chemical Preparation Industry Area               X                X
                                             Sources.
CCCCCCC...................................  Paints and Allied Products                       X                X
                                             Manufacturing Area Sources.
DDDDDDD...................................  Prepared Feeds Areas Sources......               X                X
EEEEEEE...................................  Gold Mine Ore Processing and                     X                X
                                             Production Area Sources.
FFFFFFF--GGGGGGG..........................  (Reserved)........................  ...............  ...............
HHHHHHH...................................  Polyvinyl Chloride and Copolymers                X                X
                                             Production Major Sources.
----------------------------------------------------------------------------------------------------------------
\1\ Authorities which may not be delegated include: Sec.   63.6(g), Approval of Alternative Non-Opacity Emission
  Standards; Sec.   63.6(h)(9), Approval of Alternative Opacity Standards; Sec.   63.7(e)(2)(ii) and (f),
  Approval of Major Alternatives to Test Methods; Sec.   63.8(f), Approval of Major Alternatives to Monitoring;
  Sec.   63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting; and all authorities identified
  in the subparts (e.g., under ``Delegation of Authority'') that cannot be delegated.

\2\ Program delegated to New Mexico Environment Department (NMED) for standards promulgated by the EPA, as
  amended in the Federal Register through January 15, 2017.
\3\ Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards
  promulgated by the EPA, as amended in the Federal Register through September 13, 2013.
\4\ The NMED was previously delegated this subpart on February 9, 2004 (68 FR 69036). The ABCAQCB has adopted
  the subpart unchanged and applied for delegation of the standard. The subpart was vacated and remanded to the
  EPA by the United States Court of Appeals for the District of Columbia Circuit. See Mossville Environmental
  Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Court's holding this subpart is
  not delegated to NMED or ABCAQCB at this time.
\5\ This subpart was issued a partial vacatur by the United States Court of Appeals for the District of Columbia
  Circuit. See 72 FR 61060 (October 29, 2007).
\6\ Final Rule. See 76 FR (March 21, 2011), as amended at 78 FR 7138 (January 31, 2013); 80 FR 72807 (November
  20, 2015). Note that the ABCAQCB has not yet applied for updated delegation of these standards.
\7\ Final Promulgated Rule adopted by the EPA. See 80 FR 65470 (October 26, 2015). Note that Part 63 Subpart
  KKKKK was amended to correct minor typographical errors. See 80 FR 75817 (December 4, 2015). Note that the
  ABCAQCB has not yet applied for updated delegation of these standards.
\8\ Final Rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR 20172 (April 6, 2016). Final Supplemental
  Finding that it is appropriate and necessary to regulate HAP emissions from Coal- and Oil-fired EUSGU Units.
  See 81 FR 24420 (April 25, 2016). Note that the ABCAQCB has not yet applied for updated delegation of these
  standards.

* * * * *
[FR Doc. 2018-19801 Filed 9-11-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 3, 2007 (Volume 72, Number 191)]
[Notices]
[Page 56343-56344]
[DOCID:fr03oc07-46]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0947; FRL-8149-6]

Notice of Filing of a Pesticide Petition for Residues of
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the initial filing of a pesticide
petition proposing the establishment or modification of regulations for
residues of pesticide chemicals in or on various commodities.

DATES: Comments must be received on or before November 2, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0947 and the pesticide petition number
(PP), by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0947. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket

Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Susanne Cerrelli, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What Action is the Agency Taking?

    EPA is printing notice of the filing of a pesticide petition
received under section 408 of the Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a, proposing the establishment or modification of
regulations in 40 CFR part 180 for residues of pesticide chemicals in
or on various food commodities. EPA has determined that the pesticide
petition described in this notice contains data or information
regarding the elements set forth in FFDCA section 408(d)(2); however,
EPA has not fully evaluated the sufficiency of the submitted data at
this time or whether the data supports granting of the pesticide
petition. Additional data may be needed before EPA rules on this
pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition included in
this notice, prepared by the petitioner, is included in a docket EPA
has created for this rulemaking. The docket for this petition is
available on-line at http://www.regulations.gov.

Amendment to Existing Tolerance Exemption

    PP 7F7237. AgriVir, LLC, 7700 Leesburg Pike, Suite 208, Falls
Church, VA 22043, proposes to amend the current tolerance exemption(s)
in 40 CFR 180.1218 for residues of the microbial pesticide Indian meal
moth granulosis virus when used in or on all food commodities to read
as follows:
    ``An exemption from the requirement of a tolerance is established
for residues of the microbial pesticide Indian Meal Moth Granulosis
Virus (Indian meal moth Granulosis virus infected Indian meal moth
larval parts homogenized with heat treated wheat bran and brewer's
yeast by-products) when used in or on all food commodities.''

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: September 24, 2007.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. E7-19334 Filed 10-2-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Notices]
[Pages 65286-65287]
[FR Doc No: 2015-27120]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket ID PHMSA-2014-0092]

Pipeline Safety: National Pipeline Mapping System; Extension of
Comment Period and Notice of Operator Workshop

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice and request for comments; extension of comment period
and announcement of a National Pipeline Mapping System Operator
Technical Workshop.

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SUMMARY: PHMSA is sponsoring a one-day National Pipeline Mapping System
(NPMS) operator technical workshop on November 18, 2015, at a
Washington, DC area hotel. This notice also announces that the comment
period for the 60-day information collection published on August 27,
2015, (80 FR 52084) is extended until November 25, 2015, in order to
conduct this workshop that will provide PHMSA with important
information as it prepares to improve the NPMS submission process to
accept additional data.

DATES: The NPMS operator technical workshop will be held on November
18, 2015, at a Washington, DC-area hotel, from 8:00 a.m. to 5:00 p.m.
The comment period for the 60-day information collection published on
August 27, 2015 (80 FR 52084) is extended from October 26, 2015 to
November 25, 2015.

ADDRESSES: The workshop location, and hotel information will be
announced in PRIMIS at https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=107 once the conference room space has been procured.

FOR FURTHER INFORMATION CONTACT: Amy Nelson at<PHONE_NUMBER> or by email
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The purpose of the workshop is to discuss
and understand existing and future NPMS submission technical issues
such as (1) the format in which operators are storing the data that is
submitted to the NPMS, (2) how pipe segmentation for the submissions is
determined, (3) how data is submitted in a linear referencing format,
and (4) options Geographic Information Systems technicians have when an
attribute includes the word ``predominant'' (i.e., submitting actual
data or rolling up data to create a ``predominant'' value). This
workshop will not discuss any proposed new data

elements (attributes) or operators' opinions on the new data elements
(attributes). Because this workshop will rely heavily on dialogue
between PHMSA staff and operators in a ``whiteboard'' environment, the
workshop will not be webcast.
    Registration: Members of the public may attend this pubic meeting
for free. To help assure that adequate space is provided, all attendees
are encouraged to register for the workshop at https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=107. Name badge pick up
and on-site registration will be available starting at 7:30 a.m.,
eastern time on November 18, 2015, with the workshop taking place from
8:00 a.m. until approximately 5:00 p.m. eastern time. Refer to the
meeting Web site for agenda and times at https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=107.
    Comments: Members of the public may also submit written comments
regarding the NPMS Information Collection until November 25, 2015.
Comments should reference Docket ID PHMSA-2014-0092. Comments may be
submitted in the following ways:
     E-Gov Web site: http://www.regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency. Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System, U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590.
    Hand Delivery: DOT Docket Management System, Room W12-140, on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC between 9:00 a.m. and 5:00 p.m., Monday through Friday,
except Federal holidays.
    Instructions: Identify the Docket ID at the beginning of your
comments. If you submit your comments by mail, submit two copies. If
you wish to receive confirmation that PHMSA has received your comments,
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.regulations.gov.

    Note: Comments will be posted without changes or edits to http://www.regulations.gov including any personal information provided.

    Privacy Act Statement: Anyone may search the electronic form of all
comments received for any of our dockets. You may review DOT's complete
Privacy Act Statement in the Federal Register published April 11, 2000,
(65 FR 19477).
    Information on Services for Individuals with Disabilities: For
information on facilities or services for individuals with
disabilities, or to request special assistance at the meeting, please
contact Amy Nelson at<PHONE_NUMBER> or by email at<EMAIL_ADDRESS>by November 9, 2015.

    Issued in Washington, DC, on October 20, 2015, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Deputy Associate Administrator for Policy and Programs.
[FR Doc. 2015-27120 Filed 10-23-15; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24612-24613]
[FR Doc No: 2023-08482]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10893-01-R5]

Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Waelz Sustainable Products, LLC, Cass
County, Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final Order on petition for objection to a Clean Air
Act Title V operating permit.

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed
an Order dated March 14, 2023, denying an August 6, 2021, Petition from
Cass County Citizens Coalition (the Petitioner). The Petition requested
that EPA object to a Clean Air Act (CAA) title V operating permit
issued by the Indiana Department of Environmental Management (IDEM), to
Waelz Sustainable Products, LLC (WSP), located in Cass County, Indiana.

ADDRESSES: The final Order, the Petition, and other supporting
information are available for public inspection during normal business
hours at the following address: Environmental Protection Agency, Region
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding Federal holidays and facility closures
due to COVID-19. We recommend that you contact the individual listed in
the FOR FURTHER INFORMATION CONTACT section before visiting the Region
5 office. Additionally, the final Order and Petition are available
electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Paymon Danesh, Air Permits Section,
Air Programs Branch (AR-18J), Environmental Protection Agency, Region
5, 77 West Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    The CAA affords EPA a 45-day period to review and object to, as
appropriate, operating permits proposed by state permitting authorities
under title V of the CAA. Section 505(b)(2) of the CAA authorizes any
person to petition the EPA Administrator to object to a title V
operating permit within 60 days after the expiration of EPA's 45-day
review period if EPA has not objected on its own initiative. Petitions
must be based only on objections to the permit that were raised with
reasonable specificity during the public comment period provided by the
state, unless the petitioner demonstrates that it was impracticable to
raise these issues during the comment period or unless the grounds for
the issues arose after this period.
    EPA received the August 6, 2021, Petition from the Petitioner
requesting that EPA object to the issuance of operating permit no. 017-
42728-00056 issued by IDEM to WSP. The Petition alleged that: (1) the
permit is unlawful because WSP is a secondary metal production plant
subject to the

Prevention of Significant Deterioration Program; (2) the permit is
unlawful for not including a specific timeframe for restoring normal
operation of bag leak detection systems after a malfunction or repair;
(3) the permit is unlawful because it relies on deficient and erroneous
calculations; (4) the permit is unlawful because it fails to assure
continuous compliance with emission limitations; and (5) the permit is
unlawful because its issuance violated public participation
requirements.
    On March 14, 2023, the EPA Administrator issued an Order denying
the Petition. The Order explains the basis for EPA's decision.
    Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner
may request judicial review of those portions of an order that deny
issues in a petition. Any petition for review of the Administrator's
March 14, 2023, Order shall be filed in the United States Court of
Appeals for the appropriate circuit no later than June 20, 2023.
    Authority: 42 U.S.C. 7401 et seq.

    Dated: April 17, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-08482 Filed 4-20-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Notices]
[Pages 19738-19739]
[FR Doc No: 2017-08596]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-1393]

Government-Owned Inventions; Availability for Licensing

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The invention listed in this document is owned by an agency of
the U.S. Government and is available for licensing to achieve
expeditious commercialization of results of federally funded research
and development.

FOR FURTHER INFORMATION CONTACT: Licensing information and copies of
the patent applications listed in this document may be obtained by
writing to the indicated licensing contact at the Food and Drug
Administration (FDA) Technology Transfer Program, 10903 New Hampshire
Ave., Bldg. 1, Rm. 4213, Silver Spring, MD 20993, telephone: 240-402-
2561, FAX:<PHONE_NUMBER>. A signed Confidential Disclosure Agreement
will be required to receive copies of the patent applications.

SUPPLEMENTARY INFORMATION: Technology descriptions follow.
    Title of Abstract: Solid-Phase Purification of Synthetic DNA
Sequences.
    Description of Technology: Scientists at FDA have developed a high-
throughput method for purifying full-length phosphorothioate and native
DNA sequences. This method comprises a modified silica gel that enables
capture of DNA sequences functionalized with a novel linker
specifically designed for exclusive capture of full-length sequences.
This

technology has been shown to generate DNA sequences of high purity
without the need of expensive equipment and associated accessories.
This discovery may improve the availability of pure DNA sequences for
clinical and/or synthetic biology applications.
    Potential Commercial Applications:
     A high-throughput purification technique for producing
small and large quantities of highly pure DNA sequences.
    Competitive Advantages:
     Cost effective.
     High-throughput capabilities.
     Time saving.
     High purity.
    Development Stage:
     In vitro data available.
    Inventors:
    Serge L. Beaucage.
    Andrzej Grajkowski.
    Publication: Grajkowski, A., J. Cieslak, and S.L. Beaucage,
``Solid-Phase Purification of Synthetic DNA Sequences,'' The Journal of
Organic Chemistry, 81 (15): pp. 6165-6175, 2016; DOI: 10.1021/
acs.joc.6b01020.
    Intellectual Property: U.S. Provisional Patent Application No. 62/
356,214, filed June 29, 2016, FDA Reference No. E-2016-005.
    Licensing and Collaborative Research Opportunity:
    Parties interested in licensing this technology should contact
Charlene Maddox at<EMAIL_ADDRESS>or
<EMAIL_ADDRESS>
    Dated: April 19, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-08596 Filed 4-27-17; 8:45 am]
 BILLING CODE 4164-01-P