[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62381-62387]
[FR Doc No: 2016-21594]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2010-0861; FRL-9950-32-Region 6]

Approval and Promulgation of Implementation Plans; Texas;
Revisions to the General Definitions for Texas New Source Review and
the Minor NSR Qualified Facilities Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving and
disapproving portions of revisions to the Texas State Implementation
Plan (SIP) pertaining to the Texas New Source Review (NSR) program
submitted on March 13, 1996; July 22, 1998; September 11, 2000;
September 4, 2002; and October 5, 2010. Specifically, the EPA is
approving the severable portions of the amendments to the General
Definitions for the Texas NSR program, and the Minor NSR Qualified
Facilities Program. The EPA is disapproving a severable portion of the
General Definition of ``modification of existing facility'' submitted
on October 5, 2010. We are taking these actions under section 110,
parts C and D of the Clean Air Act (CAA).

DATES: This rule is effective on October 11, 2016.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2010-0861. All documents in the docket are
listed on the http://www.regulations.gov Web site. 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: Ms. Adina Wiley,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our May 2,
2016 proposal. See 81 FR 26180. In that document we proposed to approve
the Texas Qualified Facilities Program as a component of the Texas
Minor NSR program as submitted on October 5, 2010. We also proposed to
approve several updates to the General Definitions for Permitting
submitted from July 22, 1998 through October 5, 2010, with one
exception. We proposed to disapprove the severable portion of the
definition of ``modification of existing facility'' pertaining to
modifications made at natural gas processing facilities without a case-
by-case permit as submitted on October 5, 2010. We received comments
from three parties; our response to the comments received on our
proposed action are summarized below.

II. Response to Comments

    Comment: We received two supportive comment letters from the Texas
Commission on Environmental Quality (TCEQ) and the Texas Chemical
Council, wherein the commenters reiterated the objectives of the
proposed rulemaking and expressed support for the EPA finalizing as
proposed.
    Response: The EPA appreciates the support of the commenters. No
changes were made to the proposed rule as a result of these comments.
    Comment: The Lone Star Chapter of the Sierra Club submitted several
comments regarding anti-backsliding requirements of the CAA. First, the
commenter generally opposed any weakening in the Texas SIP if it fails
to meet the anti-backsliding requirements of the CAA section 110(l) and
stated that backsliding must not be allowed by the EPA in the Texas
SIP. Second, the commenter provided a link to the TCEQ Agenda Item
Request for the SIP Revision Adoption of the Houston-Galveston-Brazoria
(HGB) Area Redesignation Substitute for the 1997 Eight-Hour Ozone
National Ambient Air Quality Standard (NAAQS). The commenter stated
that ``If Sierra Club understands this Texas SIP change correctly, part
of the proposal would significantly change the threshold for emissions
that would trigger such controls/trading. The netting trigger would
increase substantially (from 5 to 40), a major source would change from

25 to 100, and a major modification would go from 25 to 40. Companies
would be able to break a modification into multiple, smaller
modifications and effectively avoid controls. Texas urban air quality
would suffer death from 1000 cuts. This unacceptable backsliding change
could be devastating to air quality. Companies that were planning major
air quality control projects in hopes of trading credits for profit are
choosing not to make those improvements, because their potential market
would disappear because of the proposed loophole.''
    Response: The EPA understands the commenter's concern about
backsliding. We evaluate proposed revisions to a SIP under CAA section
110(l). This evaluation under section 110(l) is generally referred to
as an ``anti-backsliding demonstration'' because it analyzes whether a
proposed change to the SIP will result in ``backsliding''; i.e., the
scenario where a change to the Texas SIP would result in worsening air
quality that could interfere with an area's ability to attain or
maintain the NAAQS or interfere with any other applicable requirements
of the CAA. We believe that the commenter has three main concerns: (1)
The commenter is generally concerned that approval of the Texas
Qualified Facilities Program will result in backsliding in the Texas
SIP; (2) the commenter is concerned that approval of the redesignation
substitute for the 1997 8-hour ozone NAAQS in the HGB nonattainment
area will result in backsliding; and (3) the commenter is concerned
that the Texas Qualified Facilities Program will result in backsliding
upon the approval of the redesignation substitute for the 1997 8-hour
ozone NAAQS in the HGB nonattainment area. We address each of these
three concerns below.
    First, as we explained in our proposed approval of the Texas
Qualified Facilities Program at 81 FR 26180, 26182--26183, we have
evaluated the program as a revision to the Texas Minor NSR SIP and with
respect to the requirements of CAA section 110(l). Our evaluation shows
that the program is designed to allow an existing permitted facility to
increase allowable emissions, provided that another permitted facility
has a corresponding decrease in permitted allowables.\1\ The program
requires enforceable changes be made to the underlying permits or
authorizations to reflect the new allowable emission rate for each
facility, and prohibits any net increase in permitted allowable
emissions. The relevant TCEQ authorizations and permitting programs
have all been SIP approved; each of these programs require the TCEQ to
issue an authorization or permit that will be protective of the NAAQS
and air quality consistent with the general permitting requirements at
40 CFR 51.160-51.164. As such, any existing permitted allowables have
been issued at levels protective of air quality.\2\ Therefore if
permitted facilities trade permitted allowable emission rates, there
will be no backsliding in permitted allowable emissions. The inclusion
of the qualified facilities changes into the relevant permits or
authorizations further ensures that the changes are federally
enforceable and will not violate Texas control strategies or interfere
with attainment of the NAAQS, reasonable further progress, control
measures, or PSD increment. See 35 TexReg 8944, 8960. The EPA continues
to find that the Qualified Facilities Program will not result in
backsliding of air quality requirements because the program is limited
to permitted facilities and permitted emission allowables. No changes
have been made to the proposed rule as a result of this comment.
---------------------------------------------------------------------------

    \1\ The TCEQ has clarified in the preamble to the final adoption
of the Qualified Facilities program that the term ``facility'' is
consistent with the EPA's use of the term ``emissions unit.'' See 35
TexReg 8944, 8960, October 1, 2010.
    \2\ Throughout this final rule, we use ``permitted allowables''
and ``permitted facilities'' to collectively refer to the allowable
emission rates established via a SIP-approved authorization or
permit program.
---------------------------------------------------------------------------

    Regarding the commenter's second concern, that the proposed
approval of the redesignation substitute in HGB for the 1997 8-hour
ozone NAAQS will result in backsliding, the EPA finds that this general
concern is not relevant to the proposed approval of the Texas Qualified
Facilities program into the Texas Minor NSR SIP. The EPA has proposed a
separate action on the redesignation substitute request for the 8-hour
ozone NAAQS for HGB and invited the public to submit comments
specifically on the effect of the redesignation substitute in this
separate action. See the separate rulemaking docket EPA-R06-OAR-2015-
0609 and our proposed rulemaking at 81 FR 33166. We will address all
comments received on the proposed redesignation substitute, including
any comments received regarding the applicable major source and major
modification thresholds in HGB, in this separate rulemaking action. No
changes have been made to the proposed rule as a result of this
comment.
    While we are not addressing general concerns about the impact of
the redesignation substitute in the HGB area in this action, we do
believe it is appropriate to address the commenter's final concern that
the use of the Qualified Facilities Program in HGB after the approval
of the redesignation substitute will result in backsliding. The
commenter is correct that if and when the redesignation substitute is
effective, the major source and major modification thresholds in HGB
will increase because the only applicable nonattainment area
designation in HGB will be the marginal designation for the 2008 8-hour
ozone NAAQS. 40 CFR 81.344. The EPA believes it is likely that more new
sources and modifications will be permitted under the SIP-approved
Texas Minor NSR mechanisms as a result of the increased thresholds.
While we anticipate an increase in the number of Minor NSR permitting
actions and a correlative decrease in Major NSR permitting actions, we
cannot predict whether more changes will occur using the Qualified
Facilities Program versus other SIP-approved Minor NSR mechanisms.
However, we disagree that any increase in usage of the Qualified
Facilities Program under the applicable thresholds will result in
backsliding of air quality requirements in the HGB nonattainment area.
The Texas SIP includes a suite of approved permitting regulations for
both Minor and Major NSR, which will continue to apply in the event of
approval of the redesignation substitute in the HGB area. Each of these
programs has been evaluated and approved by EPA as consistent with the
requirements of the CAA and protective of air quality, including the
requirements at 40 CFR 51.160 whereby the TCEQ cannot issue a permit or
authorize an activity that will result in a violation of applicable
portions of the control strategy or that will interfere with attainment
or maintenance of a national standard. So moving forward to a time when
the HGB area has a marginal designation as the only applicable
nonattainment designation, new sources and modifications will continue
to be permitted and authorized under the existing SIP requirements if
they are determined to be protective of air quality. As explained in
our proposed rulemaking, the Qualified Facilities Program can only be
used by facilities with existing permits or authorizations--that means
participating facilities were either permitted and authorized under the
1997 8-hour ozone requirements or will have to be authorized/permitted
under the new 2008 8-hour ozone requirements before a qualified change
occurs. Regardless, each participating facility will have a permitted
allowable

emission rate that may be increased commensurate with a simultaneous
decrease in another permitted allowable emission rate; resulting in no
net allowable increase. As explained in our proposed approval, relying
on permitted allowable emissions is appropriate for a Minor NSR
program. Further, a source can only use netting under the Qualified
Facilities Program to the extent that any net increase in actual
emissions is below the applicable major source threshold. Because the
permitted allowable emission rates are established, or will be
established, by the TCEQ as protective of air quality and the NAAQS, we
continue to maintain that the use of the Qualified Facilities Program
will function as proposed and will not result in backsliding. No
changes have been made to the proposed rule as a result of this
comment.
    We also disagree that companies could legally break what would
otherwise be major modifications into multiple, smaller changes using
the Qualified Facilities Program to effectively avoid controls. The EPA
views this practice as circumvention of Major NSR requirements. Based
on our regulations, policy and guidance, any company circumventing
Major NSR requirements by breaking modifications into multiple, smaller
modifications or changes would be subject to possible enforcement
actions.\3\
---------------------------------------------------------------------------

    \3\ See 54 FR 27274, June 28, 1989. See also, EPA's June 13,
1989, Guidance on Limiting Potential to Emit in New Source
Permitting; EPA's September 18, 1989, Response to the Request for
Clarification of Policy Regarding the ``Net Emissions Increase'';
EPA's June 23, 1993, Memorandum on the Applicability of New Source
Review Circumvention Guidance to 3M, Maplewood Minnesota; 75 FR
19570-71, April 15, 2010 (proposed rule); and EPA's August 26, 2011
Letter from Stephen Page, OAQPS, to David Isaacs, Semiconductor
Industry Association, pages 6-8. All of these documents are included
in the docket for this rulemaking.
---------------------------------------------------------------------------

III. Final Action

    Section 110(k)(3) of the Act states that the EPA may partially
approve and partially disapprove a SIP submittal if we find that only a
portion of the submittal meets the requirements of the Act. We find
that the majority of the October 5, 2010 revision to the Texas SIP is
approvable because the submitted rules are adopted and submitted in
accordance with the CAA and are consistent with the EPA's regulations
regarding NSR and Minor NSR. Therefore, the EPA approves the following
as a revision to the Texas SIP under section 110 and parts C and D of
the CAA:
     Substantive and non-substantive revisions to the General
Definitions at 30 TAC Section 116.10, as initially adopted on June 17,
1998 and submitted on July 22, 1998 and revised through the October 5,
2010 submittal, with the exception of 30 TAC Section 116.10(9)(F). Note
that 30 TAC Section 116.10(5)(F) has not been submitted or proposed for
inclusion in the Texas SIP.
     New section 30 TAC Section 116.17 establishing the
definitions for the Minor NSR Qualified Facilities Program as adopted
by the State on September 15, 2010 and submitted on October 5, 2010.
     Substantive revisions to 30 TAC Section 116.116(e)(1)-
(e)(11) creating the Texas Minor NSR Qualified Facilities Program as
adopted by the State on September 15, 2010 and submitted on October 5,
2010.
     New section 30 TAC Section 116.117 establishing the
documentation and notification requirements for the Minor NSR Qualified
Facilities Program as adopted by the State on September 15, 2010 and
submitted on October 5, 2010. Note that 30 TAC Section 116.117(a)(4)(B)
has not been submitted or proposed for inclusion in the Texas SIP.
     Revisions to 30 TAC Section 116.311(a)(2), providing that
revisions authorized under the Qualified Facilities Program are not
subject the permit renewal provisions \4\ under 30 TAC Section 116.311,
as adopted by the State on June 17, 1998 and submitted on July 22,
1998; and further revised by the adoption of August 21, 2002 and
submitted on September 4, 2002.
---------------------------------------------------------------------------

    \4\ Note that the federal regulations under the CAA do not
require a permit renewal process for an approved NSR program. See 40
CFR 51.160-51.166.
---------------------------------------------------------------------------

     The SIP narrative titled ``Revisions to the State
Implementation Plan (SIP) Concerning the Qualified Facility Program as
Authorized by Senate Bill 1126'' as submitted on October 5, 2010.
    The EPA's approval does not make federally enforceable any
Qualified Facility actions that were authorized by the State before the
effective date of the EPA's final approval of the Qualified Facilities
Program. Additionally, as a result of today's final approval, we are
revising the existing provisions in 40 CFR 52.2270(c) and (e) to show
the correct approval status of the Texas Minor NSR Qualified Facilities
program. We are also deleting the provisions codifying our prior
disapproval of the Texas Minor NSR Qualified Facilities program at 40
CFR 52.2273(b)(1)(iii), (b)(1)(iv), and (b)(2)-(4), and our prior
disapproval of the definition of ``BACT'' at 40 CFR 52.2273(d)(1)(i).
    We are also disapproving the severable portion of the definition of
``modification of existing facility'' at 30 TAC Section 116.10(9)(F)
pertaining to natural gas processing facilities as submitted on October
5, 2010. The EPA previously disapproved this provision on November 17,
2011, as promulgated at 30 TAC Section 116.10(11)(G) in the March 13,
1996; July 22, 1998 and the September 4, 2002 Texas SIP submittals. The
state resubmitted the provision on October 5, 2010, unchanged with the
exception of changing the numbering to 30 TAC Section 116.10(9)(F) and
provided no additional evidence to substantiate inclusion in the Texas
Minor NSR program or to address the anti-backsliding requirements under
CAA section 110(l). As such, we find that this provision is not clearly
limited to Minor NSR and is disapprovable as inconsistent with the
requirements of section 110 of the Act and the EPA's regulations under
40 CFR 51.160-51.164 regarding Minor NSR. The provision in subparagraph
(F) in the definition of ``modification of existing facility'' that we
are disapproving was not submitted to meet a mandatory requirement of
the CAA. Therefore, EPA is not imposing any sanctions and no Federal
Implementation Plan clocks will be triggered. See CAA section 179(a).
    At this time the EPA is also finalizing several unrelated
corrections to the Texas SIP to accurately reflect recent federal final
actions.
     We are correcting 40 CFR 52.2270(c) to include 30 TAC
Section 116.112 as part of the Texas SIP. On December 7, 2005, the EPA
approved 30 TAC Section 116.112--Distance Limitations as adopted by the
TCEQ on January 14, 2004. See 70 FR 72720. As a result of this final
approval, we included this provision in the table of EPA-Approved
Regulations in the Texas SIP at 40 CFR 52.2270(c). 30 TAC Section
116.112 was inadvertently removed from 40 CFR 52.2270(c) due to a
typographical error in a later final rulemaking. We have taken no
action to remove the Distance Limitation provisions at 30 TAC Section
116.112 from the Texas SIP; therefore, we are merely correcting a
clerical error.
     The EPA is also correcting 40 CFR 52.2270(c) to include
the date and Federal Register citation for the EPA's final approval of
30 TAC Section 116.760 into the Texas SIP. This section was included in
our final approval of the Texas Flexible Permits Program on July 14,
2014; however, the table in 40 CFR 52.2270(c) does not include the date
or citation of EPA's approval. We are correcting this inadvertent
omission.
     The EPA is clarifying the SIP status of 30 TAC Section
116.110(c). This section was returned to the TCEQ on

June 29, 2011, as it was inappropriately submitted for inclusion in the
Texas SIP. As such, we are revising 40 CFR 52.2270(c) to specify that
30 TAC Section 116.110(c) is not part of Texas' approved SIP.
     Additionally, the EPA is substantially revising 40 CFR
52.2273 to accurately reflect the disapproval status of the Texas SIP.
We are deleting the following existing provisions; as a result of the
deletions to 40 CFR 52.2273 described here, we are renumbering this
section to improve readability.
    [cir] 40 CFR 52.2273(d)(4)(viii) because of our January 6, 2014
final approval. See 79 FR 00551.
    [cir] 40 CFR 52.2273(d)(5)(i) because of our November 10, 2014
final approval. See 79 FR 66626.
    [cir] 40 CFR 52.2273(d)(5)(ii) because of our April 1, 2014 final
approval. See 79 FR 18183.
    [cir] 40 CFR 52.2273(f)(1) because of our April 1, 2014 final
approval. See 79 FR 18183.

IV. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the Texas regulations as described in the Final Action
section above. We have made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA. There is no burden imposed under the PRA because this action
merely proposes to approve state permitting provisions that are
consistent with the CAA and disapprove state permitting provisions that
are inconsistent with the CAA.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities as identified in the
RFA. This action merely proposes to approve state permitting provisions
that are consistent with the CAA and disapprove state permitting
provisions that are inconsistent with the CAA; therefore this action
will not impose any requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector. This action merely
approves state permitting provisions that are consistent with the CAA
and disapproves state permitting provisions that are inconsistent with
the CAA; and therefore will have no impact on small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will 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.

F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This action does not apply on any Indian
reservation land or any other area of Indian country where the EPA or
an Indian tribe has demonstrated that a tribe has jurisdiction. Thus,
Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it merely proposes to approve state
permitting provisions that are consistent with the CAA and disapprove
state permitting provisions that are inconsistent with the CAA.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This action merely proposes to
approve state permitting provisions that are consistent with the CAA
and disapprove state permitting provisions that are inconsistent with
the CAA.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

L. Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 8, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 1, 2016.
Samuel Coleman,
Acting Regional Administrator, Region 6.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart SS--Texas

0
2. In Sec.  52.2270:
0
a. In paragraph (c), the table titled ``EPA Approved Regulations in the
Texas SIP'' is amended by:
0
i. Revising the entries for Sections 116.10, 116.110, 116.116, 116.311,
and 116.760.
0
ii. Adding entries for Sections 116.17, 116.112, and 116.117.
0
b. In paragraph (e), the table titled ``EPA Approved Nonregulatory
Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended
by adding the entry ``Revisions to the State Implementation Plan (SIP)
Concerning the Qualified Facility Program as Authorized by Senate Bill
1126'' at the end of the table.
    The revisions and additions read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                   State approval/
        State citation            Title/subject       submittal       EPA approval date         Explanation
                                                        date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
          Chapter 116 (Reg 6)--Control of Air Pollution by Permits for New Construction or Modification
----------------------------------------------------------------------------------------------------------------
                                            Subchapter A--Definitions
----------------------------------------------------------------------------------------------------------------
Section 116.10................  Definitions......       9/15/2010  9/9/2016, [Insert       SIP does not include
                                                                    Federal Register        30 TAC Section
                                                                    citation].              116.10(5)(F) or
                                                                                116.10(9)(F).

                                                  * * * * * * *
Section 116.17................  Qualified               9/15/2010  9/9/2016, [Insert       .....................
                                 Facility                           Federal Register
                                 Definitions.                       citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Subchapter B--New Source Review Permits
----------------------------------------------------------------------------------------------------------------
                                         Division 1--Permit Application
----------------------------------------------------------------------------------------------------------------
Section 116.110...............  Applicability....        8/9/2000  7/14/2014, 79 FR 40666  SIP includes 30 TAC
                                                                                Section
                                                                                116.110(a)(3)
                                                                                adopted on 6/17/
                                                                                1998.
                                                                                SIP does not include
                                                                                30 TAC Sections
                                                                                116.110(a)(5),
                                                                                116.110(c), or
                                                                                116.110(d).

                                                  * * * * * * *
Section 116.112...............  Distance                1/14/2004  12/7/2005, 70 FR 72720  .....................
                                 Limitations.

                                                  * * * * * * *
Section 116.116...............  Changes to              9/15/2010  9/9/2016, [Insert       SIP does not include
                                 Facilities.                        Federal Register        30 TAC Section
                                                                    citation].              116.116(b)(3).
Section 116.117...............  Documentation and       9/15/2010  9/9/2016, [Insert       SIP does not include
                                 Notification of                    Federal Register        30 TAC Section
                                 Changes to                         citation].              116.117(a)(4)(B).
                                 Qualified
                                 Facilities.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Subchapter D--Permit Renewals
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 116.311...............  Permit Renewal          8/21/2002  9/9/2016, [Insert       SIP does not include
                                 Application.                       Federal Register        30 TAC Section
                                                                    citation].              116.311(a)(6).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Subchapter G: Flexible Permits
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 116.760...............  Flexible Permit        11/16/1994  7/20/2015, 80 FR 42729  .....................
                                 Renewal.

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

* * * * *
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable           State
     Name of SIP provision          geographic or      submittal/       EPA approval date          Comments
                                 nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Revisions to the State           Statewide.........       9/15/2010  9/9/2016, [Insert       ...................
 Implementation Plan (SIP)                                            Federal Register
 Concerning the Qualified                                             citation].
 Facility Program as Authorized
 by Senate Bill 1126.
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.2273 is revised to read as follows:

Sec.  52.2273  Approval status.

    (a) With the exceptions set forth in this subpart, the
Administrator approves Texas' plan for the attainment and maintenance
of the national standards.
    (b) The EPA is disapproving the following Texas SIP revisions
submittals under 30 TAC Chapter 35--Emergency and Temporary Orders and
Permits; Temporary Suspension or Amendment of Permit Conditions as
follows:
    (1) The following provisions under 30 TAC Chapter 35, Subchapter
A--Purpose, Applicability and Definitions:
    (i) 30 TAC Section 35.1--Purpose--adopted November 18, 1998 and
submitted December 10, 1998.
    (ii) 30 TAC Section 35.2--Applicability--adopted November 18, 1998
and submitted December 10, 1998.
    (iii) 30 TAC Section 35.3--Definitions--adopted November 18, 1998
and submitted December 10, 1998.
    (2) The following provisions under 30 TAC Chapter 35, Subchapter
B--Authority of the Executive Director:
    (i) 30 TAC Section 35.11--Purpose and Applicability--adopted
November 18, 1998 and submitted December 10, 1998.
    (ii) 30 TAC Section 35.12--Authority of the Executive Director--
adopted November 18, 1998 and submitted December 10, 1998.
    (iii) 30 TAC Section 35.13--Eligibility of the Executive Director--
adopted November 18, 1998 and submitted December 10, 1998.
    (3) The following provisions under 30 TAC Chapter 35, Subchapter
C--General Provisions:
    (i) 30 TAC Section 35.21--Action by the Commission or Executive
Director--adopted November 18, 1998 and submitted December 10, 1998.
    (ii) 30 TAC Section 35.22--Term and Renewal of Orders--adopted
November 18, 1998 and submitted December 10, 1998.
    (iii) 30 TAC Section 35.23--Effect of Orders--adopted November 18,
1998 and submitted December 10, 1998.
    (iv) 30 TAC Section 35.24--Application for Emergency or Temporary
Orders--adopted November 18, 1998 and submitted December 10, 1998. No
action is taken on subsection (b) and paragraphs (e)(6)-(7) which are
outside the scope of the SIP.
    (v) 30 TAC Section 35.25--Notice and Opportunity for Hearing--
adopted November 18, 1998 and submitted December 10, 1998. No action is
taken on paragraphs (e)(1)-(8) and (11)-(15) which are outside the
scope of the SIP.
    (vi) 30 TAC Section 35.26--Contents of Emergency or Temporary
Order--adopted November 18, 1998 and submitted December 10, 1998.
    (vii) 30 TAC 35.27--Hearing Required--adopted November 18, 1998 and
submitted December 10, 1998.
    (viii) 30 TAC Section 35.28--Hearing Requests--adopted November 18,
1998 and submitted December 10, 1998.
    (ix) 30 TAC Section 35.29--Procedures for a Hearing--adopted
November 18, 1998 and submitted December 10, 1998.
    (x) 30 TAC Section 35.30--Application Fees--adopted November 18,
1998 and submitted December 10, 1998.
    (4) The following provisions under 30 TAC Chapter 35, Subchapter
K--Air Orders:
    (i) 30 TAC Section 35.801--Emergency Orders Because of a
Catastrophe--adopted November 18, 1998 and submitted December 10, 1998;
revised June 28, 2006 and submitted July 17, 2006.
    (ii) 30 TAC Section 35.802--Applications for an Emergency Order--
adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC
116.411); revised November 18, 1998 and submitted December 10, 1998 (as
redesignated to 30 TAC 35.802); revised June 28, 2006 and submitted
July 17, 2006.
    (iii) 30 TAC Section 35.803--Public Notification--adopted August
16, 1993 and submitted August 31, 1993 (as 30 TAC 116.412); revised
November 18, 1998 and submitted December 10, 1998 (as redesignated to
30 TAC 35.803).
    (iv) 30 TAC Section 35.804--Issuance of an Emergency Order--adopted
November 18, 1998 and submitted December 10, 1998; revised June 28,
2006 and submitted July 17, 2006.
    (v) 30 TAC Section 35.805--Contents of an Emergency Order--adopted
August 16, 1993 and submitted August 31, 1993 (as 30 TAC 116.415);
revised November 18, 1998 and submitted December 10, 1998 (as
redesignated to 30 TAC 35.805); revised June 28, 2006 and submitted
July 17, 2006.
    (vi) 30 TAC Section 35.806--Requirement to Apply for a Permit or
Modification--adopted August 16, 1993 and submitted August 31, 1993 (as
30 TAC 116.416); revised November 18, 1998 and submitted December 10,
1998 (as redesignated to 30 TAC Section 35.806).
    (vii) 30 TAC Section 35.807--Affirmation of an Emergency Order--
adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC
116.414); revised November 18, 1998 and submitted December 10, 1998 (as
redesignated to 30 TAC Section 35.807); revised June 28, 2006 and
submitted July 17, 2006.
    (viii) 30 TAC Section 35.808--Modification of an Emergency Order--
adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC
Section 116.417); revised November 18, 1998 and submitted December 10,
1998 (as redesignated to 30 TAC Section 35.808); revised June 28, 2006
and submitted July 17, 2006.
    (ix) 30 TAC Section 35.809--Setting Aside an Emergency Order--
adopted August 16, 1993 and submitted August 31, 1993 (as 30 TAC
Section 116.418); revised November 18, 1998 and submitted December 10,
1998 (as redesignated to 30 TAC Section 35.809).

    (c) The EPA is disapproving the Texas SIP revision submittals under
30 TAC Chapter 101--General Air Quality Rules as follows:
    (1) The following provisions under 30 TAC Chapter 101, Subchapter
F--Emissions Events and Scheduled Maintenance, Startup, and Shutdown
Activities:
    (i) 30 TAC Section 101.222 (Demonstrations): Sections 101.222(h),
101.222(i), and 101.222(j), adopted December 14, 2005, and submitted
January 23, 2006.
    (ii) [Reserved]
    (2) [Reserved]
    (d) The EPA is disapproving the following Texas SIP revisions
submittals under 30 TAC Chapter 116--Control of Air Pollution by
Permits for New Construction and Modification as follows:
    (1) The following provisions under 30 TAC Chapter 116, Subchapter
A--Definitions:
    (i) Definition of ``actual emissions'' in 30 TAC Section 116.10(1),
submitted March 13, 1996 and repealed and re-adopted June 17, 1998 and
submitted July 22, 1998;
    (ii) Definition of ``allowable emissions'' in 30 TAC Section
116.10(2), submitted March 13, 1996; repealed and re-adopted June 17,
1998 and submitted July 22, 1998; and submitted September 11, 2000.
    (iii) Definition of ``modification of existing facility''
pertaining to oil and natural gas processing facilities adopted
February 14, 1996 and submitted on March 13, 1996 at 30 TAC Section
116.10(11)(G); repealed and re-adopted June 17, 1998, submitted July
22, 1998; adopted August 21, 2002, and submitted September 4, 2002.
    (iv) Definition of ``modification of existing facility'' pertaining
to oil and natural gas processing facilities adopted September 15,
2010, and submitted October 5, 2010, as 30 TAC Section 116.10(9)(F).
    (2) The following provisions under 30 TAC Chapter 116, Subchapter
B--New Source Review Permits:
    (i) 30 TAC Section 116.118 submitted March 13, 1996 and repealed
and re-adopted June 17, 1998 and submitted July 22, 1998.
    (ii) [Reserved]
    (3) The following provision under 30 TAC Chapter 116, Subchapter
K--Emergency Orders: 30 TAC Section 116.1200--Applicability, adopted
August 16, 1993 and submitted August 31, 1993 (as 30 TAC Section
116.410); revised November 18, 1998 and submitted December 10, 1998;
revised January 11, 2006 and submitted February 1, 2006 (as
redesignated to 30 TAC Section 116.1200).
    (e) The EPA is disapproving the attainment demonstration for the
Dallas/Fort Worth Serious ozone nonattainment area under the 1997 ozone
standard submitted January 17, 2012. The disapproval applies to the
attainment demonstration, the determination for reasonably available
control measures, and the attainment demonstration motor vehicle
emission budgets for 2012.

[FR Doc. 2016-21594 Filed 9-8-16; 8:45 am]
 BILLING CODE 6560-50-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 17, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-2002-12190

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of    American Airlines, Inc. filed 3/9/2004 to:

XX Renew exemption under 49 U.S.C. 40109 to provide the following
service:

Scheduled foreign air transportation of persons, property, and mail
between points in the United States and the following points in
Australia:  Darwin, Alice Springs, Canberra, Coolangatta, Hobart,
Launceston, and Townsville.  American also seeks the right to integrate
this requested authority with its existing certificate and exemption
authority.  American states that it will serve these points under its
code-share arrangement with Qantas Airways Ltd.

Applicant rep:  Carl B. Nelson, Jr.<PHONE_NUMBER>    DOT Analyst:
Gerald Caolo<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken:  May 17, 2004, through  May
17, 2006

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the U.S.-Australia Air
Transport Agreement.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity

	   XX  Standard exemption conditions (attached)

________________________

Conditions:  The route integration authority granted is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of the route integration authority requested should be construed as
conferring upon American rights (including fifth-freedom intermediate
and/or beyond rights) to serve markets where U.S. carrier entry is
limited unless American notifies the Department of its intent to serve
such a market and unless and until the Department has completed any
necessary carrier selection procedures to determine which carrier(s)
should be authorized to exercise such rights; and (b) should there be a
request by any carrier to use the limited-entry route rights that are
included in American’s authority by virtue of the route integration
exemption granted here, but that are not then being used by American,
the holding of such authority by route integration will not be
considered as providing any preference for American in a competitive
carrier selection proceeding to determine which carrier(s) should be
entitled to use the authority at issue.

The authority granted to serve intermediate and beyond points is limited
to countries with which the United States has signed open-skies
agreements and/or countries for which the carrier holds authority to
serve under certificates or exemptions issued by the Department, and for
which it holds route integration authority by virtue of either the
present action or other action of the Department.

Remarks:  The authority for which American requested renewal expired May
16, 2004, but had been kept in force pursuant to the provisions of the
Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by 14 CFR
Part 377, pending action on its timely-filed renewal application.

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the exemption authority was consistent with the
public interest; and (3) grant of the authority would not constitute a
major regulatory action under the Energy Policy and Conservation Act of
1975.  To the extent not granted, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

 By diplomatic note dated February 25, 1994, the United States
Government selected Gold Coast (Coolangatta).  American’s authority
will be referenced as Gold Coast (Coolangatta).

 PAGE

 PAGE   3


12002300 12   Nectarine                          1.000000   1.000  1.000  21

15002310 15   Oat, bran                          1.000000   1.000  1.000   6

15002320 15   Oat, flour                         1.000000   1.000  1.000   6

15002321 15   Oat, flour-babyfood                1.000000   1.000  1.000   6

15002330 15   Oat, groats/rolled oats            1.000000   1.000  1.000   6

15002331 15   Oat, groats/rolled oats-babyfood   1.000000   1.000  1.000   6

08002340 8    Okra                               1.000000   1.000  1.000  53

10002400 10   Orange                             1.000000   1.000  1.000  23

10002410 10   Orange, juice                      1.000000   1.000  1.000  22

10002411 10   Orange, juice-babyfood             1.000000   1.000  1.000  22

10002420 10   Orange, peel                       1.000000   1.000  1.000  23

04012480 4A   Parsley, leaves

                 110-Uncooked; Fresh or N/S; Cook Meth N/S

                                                 1.000000   1.000  1.000  47

                 210-Cooked; Fresh or N/S; Cook Meth N/S

                                                 1.000000   1.000  1.000  47

                 211-Cooked; Fresh or N/S; Baked

                                                 1.000000   1.000  1.000  47

                 212-Cooked; Fresh or N/S; Boiled

                                                 1.000000   1.000  1.000  47

                 213-Cooked; Fresh or N/S; Fried

                                                 1.000000   1.000  1.000  47

                 215-Cooked; Fresh or N/S; Boiled/baked

                                                 1.000000   1.000  1.000  47

                 221-Cooked; Frozen; Baked       1.000000   1.000  1.000  47

                 232-Cooked; Dried; Boiled       1.000000   1.000  1.000  47

                 240-Cooked; Canned; Cook Meth N/S

                                                 1.000000   1.000  1.000  48

                 242-Cooked; Canned; Boiled      1.000000   1.000  1.000  48

01012500 1AB  Parsley, turnip rooted             1.000000   1.000  1.000  45

01012510 1AB  Parsnip                            1.000000   1.000  1.000  45

01012511 1AB  Parsnip-babyfood                   1.000000   1.000  1.000  45

06022550 6B   Pea, succulent                     1.000000   1.000  1.000  34

06022551 6B   Pea, succulent-babyfood            1.000000   1.000  1.000  34

06022590 6B   Pea, pigeon, succulent             1.000000   1.000  1.000  34

12002600 12   Peach

                 110-Uncooked; Fresh or N/S; Cook Meth N/S

                                                 1.000000   1.000  1.000  25

                 120-Uncooked; Frozen; Cook Meth N/S

                                                 1.000000   1.000  1.000  25

                 130-Uncooked; Dried; Cook Meth N/S

                                                 1.000000   1.000  1.000  25

                 210-Cooked; Fresh or N/S; Cook Meth N/S

                                                 1.000000   1.000  1.000  25

                 211-Cooked; Fresh or N/S; Baked

                                                 1.000000   1.000  1.000  25

                 213-Cooked; Fresh or N/S; Fried

                                                 1.000000   1.000  1.000  25

                 221-Cooked; Frozen; Baked       1.000000   1.000  1.000  25

                 223-Cooked; Frozen; Fried       1.000000   1.000  1.000  25

                 240-Cooked; Canned; Cook Meth N/S

                                                 1.000000   1.000  1.000  24

12002601 12   Peach-babyfood                     1.000000   1.000  1.000  24

12002610 12   Peach, dried                       0.005400   1.000  1.000

12002611 12   Peach, dried-babyfood              0.005400   1.000  1.000

12002620 12   Peach, juice                       1.000000   1.000  1.000  25

12002621 12   Peach, juice-babyfood              1.000000   1.000  1.000  25

11002660 11   Pear                               1.000000   1.000  1.000  26

11002661 11   Pear-babyfood                      1.000000   1.000  1.000  26

11002670 11   Pear, dried                        0.005600   1.000  1.000

11002680 11   Pear, juice                        1.000000   1.000  1.000  26

11002681 11   Pear, juice-babyfood               1.000000   1.000  1.000  26

08002700 8    Pepper, bell                       1.000000   1.000  1.000   7

08002701 8    Pepper, bell-babyfood              1.000000   1.000  1.000   7

08002710 8    Pepper, bell, dried                1.000000   1.000  1.000   7

08002711 8    Pepper, bell, dried-babyfood       1.000000   1.000  1.000   7

08002720 8    Pepper, nonbell                    1.000000   1.000  1.000   7

08002721 8    Pepper, nonbell-babyfood           1.000000   1.000  1.000   7

08002730 8    Pepper, nonbell, dried             1.000000   1.000  1.000   7

01032960 1C   Potato, chips                      1.000000   1.000  1.000  27

01032970 1C   Potato, dry (granules/ flakes)     0.006300   1.000  1.000

01032971 1C   Potato, dry (granules/ flakes)-b   0.006300   1.000  1.000

01032980 1C   Potato, flour                      0.006300   1.000  1.000

01032981 1C   Potato, flour-babyfood             0.006300   1.000  1.000

01032990 1C   Potato, tuber, w/peel              1.000000   1.000  1.000  27

01032991 1C   Potato, tuber, w/peel-babyfood     1.000000   1.000  1.000  27

01033000 1C   Potato, tuber, w/o peel            1.000000   1.000  1.000  27

01033001 1C   Potato, tuber, w/o peel-babyfood   1.000000   1.000  1.000  27

10003070 10   Pummelo                            1.000000   1.000  1.000  60

09023080 9B   Pumpkin                            1.000000   1.000  1.000  59

09023090 9B   Pumpkin, seed                      1.000000   1.000  1.000  59

04013130 4A   Radicchio                          1.000000   1.000  1.000  50

01013140 1AB  Radish, roots                      1.000000   1.000  1.000  45

01013160 1AB  Radish, Oriental, roots            1.000000   1.000  1.000  45

05023180 5B   Rape greens                        1.000000   1.000  1.000  51

04023220 4B   Rhubarb                            1.000000   1.000  1.000  49

01013270 1AB  Rutabaga                           1.000000   1.000  1.000  45

15003280 15   Rye, grain                         1.000000   1.000  1.000   6

15003290 15   Rye, flour                         1.000000   1.000  1.000   6

01013310 1AB  Salsify, roots                     1.000000   1.000  1.000  45

15003440 15   Sorghum, grain                     1.000000   1.000  1.000   6

15003450 15   Sorghum, syrup                     1.000000   1.000  1.000   6

06003470 6    Soybean, seed                      1.000000   1.000  1.000  28

06003480 6    Soybean, flour                     1.000000   1.000  1.000  28

06003481 6    Soybean, flour-babyfood            1.000000   1.000  1.000  28

06003490 6    Soybean, soy milk                  1.000000   1.000  1.000  28

06003491 6    Soybean, soy milk-babyfood or in   1.000000   1.000  1.000  28

06003500 6    Soybean, oil                       1.000000   1.000  1.000  28

06003501 6    Soybean, oil-babyfood              1.000000   1.000  1.000  28

04013550 4A   Spinach

                 110-Uncooked; Fresh or N/S; Cook Meth N/S

                                                 1.000000   1.000  1.000  29

                 210-Cooked; Fresh or N/S; Cook Meth N/S

                                                 1.000000   1.000  1.000  29

                 211-Cooked; Fresh or N/S; Baked

                                                 1.000000   1.000  1.000  29

                 212-Cooked; Fresh or N/S; Boiled

                                                 1.000000   1.000  1.000  29

                 213-Cooked; Fresh or N/S; Fried

                                                 1.000000   1.000  1.000  29

                 215-Cooked; Fresh or N/S; Boiled/baked

                                                 1.000000   1.000  1.000  29

                 220-Cooked; Frozen; Cook Meth N/S

                                                 1.000000   1.000  1.000  29

                 221-Cooked; Frozen; Baked       1.000000   1.000  1.000  29

                 222-Cooked; Frozen; Boiled      1.000000   1.000  1.000  29

                 232-Cooked; Dried; Boiled       1.000000   1.000  1.000  29

                 240-Cooked; Canned; Cook Meth N/S

                                                 1.000000   1.000  1.000  30

                 242-Cooked; Canned; Boiled      1.000000   1.000  1.000  30

04013551 4A   Spinach-babyfood                   1.000000   1.000  1.000  30

09023560 9B   Squash, summer                     1.000000   1.000  1.000  31

09023561 9B   Squash, summer-babyfood            1.000000   1.000  1.000  31

09023570 9B   Squash, winter                     1.000000   1.000  1.000  31

09023571 9B   Squash, winter-babyfood            1.000000   1.000  1.000  31

01033660 1CD  Sweet potato                       1.000000   1.000  1.000  35

01033661 1CD  Sweet potato-babyfood              1.000000   1.000  1.000  35

04023670 4B   Swiss chard                        1.000000   1.000  1.000  49

10003690 10   Tangerine                          1.000000   1.000  1.000  60

10003700 10   Tangerine, juice                   1.000000   1.000  1.000  61

01033710 1CD  Tanier, corm                       1.000000   1.000  1.000  46

08003740 8    Tomatillo                          1.000000   1.000  1.000  54

08003750 8    Tomato                             1.000000   1.000  1.000  37

08003751 8    Tomato-babyfood                    1.000000   1.000  1.000  37

08003760 8    Tomato, paste                      1.000000   1.000  1.000  36

08003761 8    Tomato, paste-babyfood             1.000000   1.000  1.000  36

08003770 8    Tomato, puree                      1.000000   1.000  1.000  36

08003771 8    Tomato, puree-babyfood             1.000000   1.000  1.000  36

08003780 8    Tomato, dried                      0.000004   1.000  1.000

08003781 8    Tomato, dried-babyfood             0.000004   1.000  1.000

08003790 8    Tomato, juice                      1.000000   1.000  1.000  37

01033870 1CD  Turmeric                           1.000000   1.000  1.000  46

01013880 1AB  Turnip, roots                      1.000000   1.000  1.000  45

05023890 5B   Turnip, greens                     1.000000   1.000  1.000  51

95003980 O    Watercress                         1.000000   1.000  1.000  47

09013990 9A   Watermelon                         1.000000   1.000  1.000  38

09014000 9A   Watermelon, juice                  1.000000   1.000  1.000  38

15004010 15   Wheat, grain                       1.000000   1.000  1.000   6

15004011 15   Wheat, grain-babyfood              1.000000   1.000  1.000   6

15004020 15   Wheat, flour                       1.000000   1.000  1.000   6

15004021 15   Wheat, flour-babyfood              1.000000   1.000  1.000   6

15004030 15   Wheat, germ                        1.000000   1.000  1.000   6

15004040 15   Wheat, bran                        1.000000   1.000  1.000   6

01034060 1CD  Yam, true                          1.000000   1.000  1.000  46

01034070 1CD  Yam bean                           1.000000   1.000  1.000  46

Food only including commodities where PDP data were available

Results

U.S. Environmental Protection Agency                                  Ver. 2.02

DEEM-FCID ACUTE Analysis for METHOMYL                            (1994-98 data)

Residue file: allfood PDP.R98                     Adjustment factor #2 NOT used.

Analysis Date: 06-13-2007/03:32:11    Residue file dated: 06-13-2007/02:50:00/8

Daily totals for food and foodform consumption used.

MC iterations = 1000      MC list in residue file     MC seed = 10

Run Comment: ""

======================================================================== =======

Summary calculations (per capita):

                    95th Percentile      99th Percentile      99.9th Percentile

                   Exposure   % aRfD    Exposure   % aRfD    Exposure   % aRfD

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

U.S. Population:

                    0.000111     7.39    0.000202    13.47    0.000751    50.04

All infants:

                    0.000175    11.68    0.000273    18.20    0.000590    39.36

Children 1-2 yrs:

                    0.000235    15.65    0.000448    29.89    0.002064   137.63

Children 3-5 yrs:

                    0.000198    13.22    0.000352    23.48    0.001772   118.10

Children 6-12 yrs:

                    0.000136     9.07    0.000218    14.55    0.000951    63.38

Youth 13-19 yrs:

                    0.000093     6.23    0.000159    10.59    0.000537    35.80

Adults 20-49 yrs:

                    0.000076     5.06    0.000134     8.92    0.000554    36.96

Adults 50+ yrs:

                    0.000063     4.21    0.000129     8.63    0.000674    44.94

Females 13-49 yrs:

                    0.000074     4.91    0.000132     8.80    0.000625    41.70

Food Only Excluding Commodities Where Residues Were Nondetectable

Residue File

U.S. Environmental Protection Agency                                 Ver. 2.02

DEEM-FCID Acute analysis for METHOMYL

Residue file name: C:\Documents and Settings\ffort\My Documents\Methomyl\Final Dietary files\ALL Nondetects.R98

Analysis Date 06-13-2007             Residue file dated: 06-13-2007/19:54:53/8

Reference dose (aRfD) = 0.0015 mg/kg bw/day

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

RDL indices and parameters for Monte Carlo Analysis:

Index Dist Parameter #1           Param #2    Param #3    Comment

  #   Code

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

  1    6   Apples PDP.RDF

  2    6   Apple juice PDP.rdf

  3    6   Apple sauce PDP.rdf

  4    6   Asparagus PDP.rdf

  5    6   Asparagus canned PDP.rdf

  6    6   Barley PDP.rdf

  7    6   Bell Peppers PDP.rdf

  8    6   Broccoli PDP.rdf

  9    6   cantaloupe PDP.rdf

  10   6   carrot PDP.rdf

  11   6   cauliflower PDP.rdf

  12   6   Celery PDP.rdf

  13   6   cucumber PDP.rdf

  14   6   eggplant PDP.rdf

  15   6   grape PDP.rdf

  16   6   Grapefruit PDP.rdf

  17   6   green bean PDP.rdf

  18   6   Green beans PROCESSED.RDF

  19   6   Green beans frozen PDP.rdf

  20   6   Head Lettuce PDP.rdf

  21   6   Nectarines PDP.rdf

  22   6   Orange juice PDP.rdf

  23   6   Orange PDP.rdf

  24   6   Peaches canned PDP.rdf

  25   6   Peaches PDP.rdf

  26   6   Pear PDP.rdf

  27   6   potato PDP.rdf

  28   6   soybean PDP.rdf

  29   6   Spinach PDP.rdf

  30   6   Spinach canned PDP.rdf

  31   6   Squash PDP.rdf

  32   6   strawberry PDP.rdf

  33   6   sweet corn canned.rdf

  34   6   Sweet Pea canned frozen PDP.rdf

  35   6   Sweet Potato PDP.rdf

  36   6   Tomato Paste canned PDP.rdf

  37   6   Tomato PDP.rdf

  38   6   Watermelon PDP.rdf

  39   6   Grape juice PDP.rdf

  40   6   avocado Tol.rdf

  41   6   blueberry Tol.rdf

  42   6   onion Tol.rdf

  43   6   turnip tops.rdf

  44   6   hops.rdf

  45   6   Root_tuber_Group 1AB.rdf

  46   6   Root_tuber_Group 1CD.rdf

  47   6   leafy veg Group 4a.rdf

  48   6   Leafy veg canned group 4a.rdf

  49   6   Leafy Veg Group 4b.rdf

  50   6   Radicchio.rdf

  51   6   brassica group 5a.rdf

  52   6   CABBAGE.RDF

  53   6   okra.rdf

  54   6   Tomatillo.rdf

  55   6   Balsam pear_chines waxgourd.rdf

  56   6   casaba.rdf

  57   6   chayote fruit.rdf

  58   6   honeydew.rdf

  59   6   Pumpkin.rdf

  60   6   Citrus.rdf

  61   6   Citrus juice.rdf

  62   6   succulent bean.rdf

  63   6   succulent beans canned.rdf

  64   6   succulent beans  frozen.rdf

  65   6   Blueberry PDP data.rdf

  66   6   Leaf Lettuce PDP.rdf

  EPA    Crop Food Name                         Def Res     Adj.Factors  RDL

  Code    Grp                                    (ppm)       #1     #2   Pntr

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

11000070 11   Apple, fruit with peel             1.000000   1.000  1.000   1

11000080 11   Apple, peeled fruit                1.000000   1.000  1.000   1

11000081 11   Apple, peeled fruit-babyfood       1.000000   1.000  1.000   1

11000090 11   Apple, dried                       0.000390   1.000  1.000

11000091 11   Apple, dried-babyfood              0.000390   1.000  1.000

95000200 O    Avocado                            2.000000   1.000  1.000  40

09020210 9B   Balsam pear                        1.000000   1.000  1.000  55

06030300 6C   Bean, black, seed                  0.050000   1.000  1.000

06020310 6B   Bean, broad, succulent             1.000000   1.000  1.000  62

06030320 6C   Bean, broad, seed                  0.050000   1.000  1.000

06020330 6B   Bean, cowpea, succulent

                 212-Cooked; Fresh or N/S; Boiled

                                                 1.000000   1.000  1.000  62

                 222-Cooked; Frozen; Boiled      1.000000   1.000  1.000  64

                 242-Cooked; Canned; Boiled      1.000000   1.000  1.000  63

06030340 6C   Bean, cowpea, seed                 0.050000   1.000  1.000

06030350 6C   Bean,  great northern, seed        0.050000   1.000  1.000

06030360 6C   Bean, kidney, seed                 0.050000   1.000  1.000

06020370 6B   Bean, lima, succulent

                 210-Cooked; Fresh or N/S; Cook Meth N/S

                                                 1.000000   1.000  1.000  62

                 212-Cooked; Fresh or N/S; Boiled

                                                 1.000000   1.000  1.000  62

                 213-Cooked; Fresh or N/S; Fried

                                                 1.000000   1.000  1.000  62

                 221-Cooked; Frozen; Baked       1.000000   1.000  1.000  64

                 222-Cooked; Frozen; Boiled      1.000000   1.000  1.000  64

                 240-Cooked; Canned; Cook Meth N/S

                                                 1.000000   1.000  1.000  63

                 242-Cooked; Canned; Boiled      1.000000   1.000  1.000  63

06030380 6C   Bean, lima, seed                   0.050000   1.000  1.000

06030390 6C   Bean, mung, seed                   0.050000   1.000  1.000

06030400 6C   Bean, navy, seed                   0.050000   1.000  1.000

06030410 6C   Bean, pink, seed                   0.050000   1.000  1.000

06030420 6C   Bean, pinto, seed                  0.050000   1.000  1.000

06010430 6A   Bean, snap, succulent

                 110-Uncooked; Fresh or N/S; Cook Meth N/S

                                                 1.000000   1.000  1.000  17

                 210-Cooked; Fresh or N/S; Cook Meth N/S

                                                 1.000000   1.000  1.000  17

                 211-Cooked; Fresh or N/S; Baked

                                                 1.000000   1.000  1.000  17

                 212-Cooked; Fresh or N/S; Boiled

                                                 1.000000   1.000  1.000  17

                 213-Cooked; Fresh or N/S; Fried

                                                 1.000000   1.000  1.000  17

                 215-Cooked; Fresh or N/S; Boiled/baked

                                                 1.000000   1.000  1.000  17

                 221-Cooked; Frozen; Baked       1.000000   1.000  1.000  18

                 222-Cooked; Frozen; Boiled      1.000000   1.000  1.000  18

                 232-Cooked; Dried; Boiled       1.000000   1.000  1.000  17

                 240-Cooked; Canned; Cook Meth N/S

                                                 1.000000   1.000  1.000  18

                 242-Cooked; Canned; Boiled      1.000000   1.000  1.000  18

06010431 6A   Bean, snap, succulent-babyfood

                 240-Cooked; Canned; Cook Meth N/S

                                                 1.000000   1.000  1.000  18

02000510 2    Beet, garden, tops                 6.000000   1.000  1.000

01010520 1A   Beet, sugar                        0.002200   1.000  1.000

01010521 1A   Beet, sugar-babyfood               0.002200   1.000  1.000

01010530 1A   Beet, sugar, molasses              0.002200   1.000  1.000

01010531 1A   Beet, sugar, molasses-babyfood     0.002200   1.000  1.000

13020570 13B  Blueberry                          1.000000   1.000  1.000  65

13020571 13B  Blueberry-babyfood                 1.000000   1.000  1.000  65

05010610 5A   Broccoli                           1.000000   1.000  1.000   8

05010611 5A   Broccoli-babyfood                  1.000000   1.000  1.000   8

05010620 5A   Broccoli, Chinese                  1.000000   1.000  1.000  51

05020630 5B   Broccoli raab                      1.000000   1.000  1.000  51

05010640 5A   Brussels sprouts                   1.000000   1.000  1.000  51

05010690 5A   Cabbage                            1.000000   1.000  1.000  52

05020700 5B   Cabbage, Chinese, bok choy         1.000000   1.000  1.000  52

05010710 5A   Cabbage, Chinese, napa             1.000000   1.000  1.000  52

05010720 5A   Cabbage, Chinese, mustard          1.000000   1.000  1.000  52

09010750 9A   Cantaloupe                         1.000000   1.000  1.000   9

04020760 4B   Cardoon                            1.000000   1.000  1.000  49

09010800 9A   Casaba                             1.000000   1.000  1.000  56

05010830 5A   Cauliflower                        1.000000   1.000  1.000  11

04020850 4B   Celery                             1.000000   1.000  1.000  12

04020851 4B   Celery-babyfood                    1.000000   1.000  1.000  12

04020860 4B   Celery, juice                      1.000000   1.000  1.000  12

04020870 4B   Celtuce                            1.000000   1.000  1.000  47

06030980 6C   Chickpea, seed                     0.050000   1.000  1.000

06030981 6C   Chickpea, seed-babyfood            0.050000   1.000  1.000

06030990 6C   Chickpea, flour                    0.050000   1.000  1.000

09021020 9B   Chinese waxgourd                   1.000000   1.000  1.000  55

10001060 10   Citrus citron                      1.000000   1.000  1.000  60

10001070 10   Citrus hybrids                     1.000000   1.000  1.000  60

10001080 10   Citrus, oil                        1.000000   1.000  1.000  60

05021170 5B   Collards                           1.000000   1.000  1.000  51

95001280 O    Cottonseed, oil                    0.050000   1.000  1.000

95001281 O    Cottonseed, oil-babyfood           0.050000   1.000  1.000

09021350 9B   Cucumber                           1.000000   1.000  1.000  13

08001480 8    Eggplant                           1.000000   1.000  1.000  14

04021520 4B   Fennel, Florence                   1.000000   1.000  1.000  49

95001750 O    Grape                              1.000000   1.000  1.000  15

95001760 O    Grape, juice                       1.000000   1.000  1.000  39

95001761 O    Grape, juice-babyfood              1.000000   1.000  1.000  39

95001770 O    Grape, leaves                      1.000000   1.000  1.000  15

95001780 O    Grape, raisin                      1.000000   1.000  1.000  15

95001790 O    Grape, wine and sherry             1.000000   1.000  1.000  39

10001800 10   Grapefruit                         1.000000   1.000  1.000  16

10001810 10   Grapefruit, juice                  1.000000   1.000  1.000  16

06031820 6C   Guar, seed                         0.050000   1.000  1.000

06031821 6C   Guar, seed-babyfood                0.050000   1.000  1.000

09011870 9A   Honeydew melon                     1.000000   1.000  1.000  58

95001880 O    Hop                               12.000000   0.002  1.000

05021940 5B   Kale                               1.000000   1.000  1.000  51

05011960 5A   Kohlrabi                           1.000000   1.000  1.000  51

10001970 10   Kumquat                            1.000000   1.000  1.000  60

03001980 3    Leek                               1.000000   1.000  1.000  42

10001990 10   Lemon                              1.000000   1.000  1.000  60

10002010 10   Lemon, peel                        1.000000   1.000  1.000  60

06032030 6C   Lentil, seed                       0.050000   1.000  1.000

04012040 4A   Lettuce, head                      1.000000   1.000  1.000  20

04012050 4A   Lettuce, leaf                      1.000000   1.000  1.000  66

10002060 10   Lime                               1.000000   1.000  1.000  60

05022290 5B   Mustard greens                     1.000000   1.000  1.000  51

12002300 12   Nectarine                          1.000000   1.000  1.000  21

08002340 8    Okra                               1.000000   1.000  1.000  53

03002390 3    Onion, green                       1.000000   1.000  1.000  42

10002400 10   Orange                             1.000000   1.000  1.000  23

10002420 10   Orange, peel                       1.000000   1.000  1.000  23

06022550 6B   Pea, succulent                     1.000000   1.000  1.000  34

06022551 6B   Pea, succulent-babyfood            1.000000   1.000  1.000  34

06032560 6C   Pea, dry                           0.050000   1.000  1.000

06032561 6C   Pea, dry-babyfood                  0.050000   1.000  1.000

06032580 6C   Pea, pigeon, seed                  0.050000   1.000  1.000

06022590 6B   Pea, pigeon, succulent             1.000000   1.000  1.000  34

12002600 12   Peach

                 110-Uncooked; Fresh or N/S; Cook Meth N/S

                                                 1.000000   1.000  1.000  25

                 120-Uncooked; Frozen; Cook Meth N/S

                                                 1.000000   1.000  1.000  25

                 130-Uncooked; Dried; Cook Meth N/S

                                                 1.000000   1.000  1.000  25

                 210-Cooked; Fresh or N/S; Cook Meth N/S

                                                 1.000000   1.000  1.000  25

                 211-Cooked; Fresh or N/S; Baked

                                                 1.000000   1.000  1.000  25

                 213-Cooked; Fresh or N/S; Fried

                                                 1.000000   1.000  1.000  25

                 221-Cooked; Frozen; Baked       1.000000   1.000  1.000  25

                 223-Cooked; Frozen; Fried       1.000000   1.000  1.000  25

                 240-Cooked; Canned; Cook Meth N/S

                                                 0.000000   1.000  1.000

12002610 12   Peach, dried                       0.005400   1.000  1.000

12002611 12   Peach, dried-babyfood              0.005400   1.000  1.000

12002620 12   Peach, juice                       1.000000   1.000  1.000  25

12002621 12   Peach, juice-babyfood              1.000000   1.000  1.000  25

95002630 O    Peanut                             0.050000   1.000  1.000

95002640 O    Peanut, butter                     0.050000   1.000  1.000

95002650 O    Peanut, oil                        0.050000   1.000  1.000

14002690 14   Pecan                              0.100000   1.000  1.000

08002700 8    Pepper, bell                       1.000000   1.000  1.000   7

08002701 8    Pepper, bell-babyfood              1.000000   1.000  1.000   7

08002710 8    Pepper, bell, dried                1.000000   1.000  1.000   7

08002711 8    Pepper, bell, dried-babyfood       1.000000   1.000  1.000   7

08002720 8    Pepper, nonbell                    1.000000   1.000  1.000   7

08002721 8    Pepper, nonbell-babyfood           1.000000   1.000  1.000   7

08002730 8    Pepper, nonbell, dried             1.000000   1.000  1.000   7

95002750 O    Peppermint                         2.000000   1.000  1.000

95002760 O    Peppermint, oil                    2.000000   1.000  1.000

95002890 O    Pomegranate                        0.100000   1.000  1.000

10003070 10   Pummelo                            1.000000   1.000  1.000  60

05023180 5B   Rape greens                        1.000000   1.000  1.000  51

04023220 4B   Rhubarb                            1.000000   1.000  1.000  49

95003520 O    Spearmint                          2.000000   1.000  1.000

95003530 O    Spearmint, oil                     2.000000   1.000  1.000

04023670 4B   Swiss chard                        1.000000   1.000  1.000  49

10003690 10   Tangerine                          1.000000   1.000  1.000  60

05023890 5B   Turnip, greens                     1.000000   1.000  1.000  51

95003980 O    Watercress                         1.000000   1.000  1.000  47

09013990 9A   Watermelon                         1.000000   1.000  1.000  38

09014000 9A   Watermelon, juice                  1.000000   1.000  1.000  38

Food Only Excluding Commodities Where Residues Were Nondetectable

Results

U.S. Environmental Protection Agency                                  Ver. 2.02

DEEM-FCID ACUTE Analysis for METHOMYL                            (1994-98 data)

Residue file: ALL Nondetects.R98                  Adjustment factor #2 NOT used.

Analysis Date: 06-13-2007/20:05:46    Residue file dated: 06-13-2007/19:54:53/8

Daily totals for food and foodform consumption used.

MC iterations = 1000      MC list in residue file     MC seed = 10

Run Comment: ""

======================================================================== =======

Summary calculations (per capita):

                    95th Percentile      99th Percentile      99.9th Percentile

                   Exposure   % aRfD    Exposure   % aRfD    Exposure   % aRfD

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

U.S. Population:

                    0.000076     5.07    0.000184    12.30    0.000955    63.64

All infants:

                    0.000041     2.70    0.000142     9.47    0.000609    40.57

Children 1-2 yrs:

                    0.000171    11.39    0.000419    27.95    0.002096   139.72

Children 3-5 yrs:

                    0.000158    10.54    0.000340    22.67    0.001790   119.32

Children 6-12 yrs:

                    0.000101     6.75    0.000205    13.70    0.000994    66.26

Youth 13-19 yrs:

                    0.000068     4.51    0.000154    10.29    0.000687    45.79

Adults 20-49 yrs:

                    0.000060     4.02    0.000143     9.56    0.000839    55.95

Adults 50+ yrs:

                    0.000062     4.14    0.000140     9.31    0.000751    50.05

Females 13-49 yrs:

                    0.000056     3.72    0.000147     9.79    0.000911    60.71

Attachment 7

Methomyl SLUA

Methomyl (090301)

Screening-level Usage Analysis (SLUA)

Date: 03-13-06

What is a Screening Level Usage Analysis (SLUA)?

Available estimates of pesticide usage data for a particular active ingredient that is used on agricultural crops in the United States.

What does it contain?

Pesticide usage data for a single active ingredient only.

Agricultural use sites (crops) that the pesticide is reported to be used on.

Available pesticide usage information (i.e., does not include all of the United States).

Annual percent of crop treated (average & maximum) for each agricultural crop.

Average annual pounds of the pesticide applied for each agricultural crop (i.e., for the states surveyed, not for the entire United States).

What assumptions can I make about the reported data?

Average pounds of active ingredient applied - Values are calculated by merging pesticide usage data sources together; averaging by year, averaging across all years, & then rounding.  Note:  If the estimated value is less than 500, then that value is labeled <500.  Estimated values between 500 & <1,000,000 are rounded to 1 significant digit.  Estimated values of 1,000,000 or greater are rounded to 2 significant digits.)

Average percent of crop treated - Values are calculated by merging data sources together; averaging by year, averaging across all years, & rounding to the nearest multiple of 5.  Note:  If the estimated value is less than 1, then the value is labeled <1.

Maximum percent of crop treated - Value is the single maximum value reported across all data sources, across all years, & rounded up to the nearest multiple of 5.  Note:  If the estimated value is less than 2.5, then the value is labeled <2.5.

What are the data sources used?

USDA-NASS (United States Department of Agriculture’s National Agricultural Statistics Service) – pesticide usage data from 1999 to 2004.

Private Pesticide Market Research – pesticide usage data from 1999 to 2004.

NCFAP 97 (National Center for Food and Agricultural Policy), and NPUD 2002 (National Pesticide Use Database) – insecticide pesticide usage data from NCFAP 97, and fungicide and herbicide usage data from NPUD 02, of the CropLife Foundation,  are used only if data are not available from the other sources.

California DPR data can be requested separately.

What are the data limitations?

Additional registered uses may exist but are not included because the available surveys do not report usage (e.g., small acreage crops).

Lack of reported usage data for the pesticide on a crop does not imply zero usage.

Usage data on a particular site may be noted in data sources, but not quantified.  In these instances, the site would not be reported in the SLUA.

Non-agricultural use sites (e.g., turf, post-harvest, mosquito control, etc.) are not reported in the SLUA.  A separate request must be made to receive these estimates.

Some sites show some use, even though they are not on the label.  This usage could be due to Section 18 requests, existing stocks of the chemical, data collection errors, experimental use permit (EUP), and/or because of an illegal use.

Who do I contact for further information and/or questions on this SLUA?

BEAD Analyst: Jenna Carter<PHONE_NUMBER>)

Reviewer: Art Grube<PHONE_NUMBER>)

Monday, March 13, 2006 12:05

Screening Level Estimates of Agricultural Uses of METHOMYL (090301)

Sorted Alphabetically

		Crop					Lbs. A.I.	Percent Crop Ttd.

	 	  	 						Avg.		Max

	1 	Alfalfa					10,000		<1          	<2.5

	2 	Almonds *		  	  	   <500		<1          	<2.5

	3 	Apples					 40,000		  5          	 10

	4 	Artichokes		 	  	    <500	 	  5           	   5

	5 	Asparagus		 	 	   3,000	  	  5          	 15

	6 	Avocados		 	 	   1,000	 	  5           	   5

	7 	Beans, Green				 30,000		10         	 20

	8 	Beets (NCFAP '97)	 	  	    <500		55		 --

	9 	Blueberries				 10,000		30          	 35

	10	Broccoli				 20,000		10          	 20

	11	Brussels Sprouts *   	  	  	    <500		 --		 --

	12	Cabbage			 	   8,000		10          	 20

	13	Cantaloupes	 			 10,000		15         	 30

	14	Carrots					 10,000		10          	 15

	15	Cauliflower			 	   5,000	 	10          	 20

	16	Celery					 20,000		35          	 55

	17	Cherries			  	    <500		<1       	 	 <2.5

	18	Chicory *			  	    <500		 --		  --

	19	Collards			 	   1,000	 	  5           	   5

	20	Corn				 	   7,000		<1           	 <2.5

	21	Cotton					 30,000		<1          	 <2.5

	22	Cucumbers				 30,000		10          	 15

	23	Dry Beans/Peas		 	   7,000		<1            	 <2.5

	24	Eggplant			  	    <500		10          	 10

	25	Garlic			 	 	   4,000	  	10          	 20

	26	Grapes				 	 30,000	 	  5           	   5

	27	Greens, Mustard		  	    <500	 	  5           	   5

	28	Greens, Turnip		  		    <500	 	  5           	   5

	29	Lemons			  	    <500		<1          	 <2.5

	30	Lettuce		     	     	            200,000		40         	 60

	31	Lima Beans, Proc.		 	    2,000	15          	 15

	32	Nectarines *		 	 	    6,000	15          	 25

	33	Okra				  	     <500 	  5           	   5

	34	Onions					  60,000	25          	 45

	35	Oranges			 	    1,000	<1          	 <2.5

	36	Parsley (NCFAP '97)	  	 	     <500	10		  --

	37	Peaches			 	    9,000 	  5           	   5

	38	Peanuts				  30,000	 	  5          	 10

	39	Pears				  	     <500	 --		 --

	40	Peas, Green			 	    1,000	<1          	 <2.5

	41	Pecans			 	 	    1,000	<1          	 <2.5

	42	Peppers				  30,000	20          	  30

43	Pomegranates (NCFAP'97)	 	    2,000	45

44	Potatoes				7,000		<1          	<2.5

	45	Prunes & Plums *		  	 <500		<1          	<2.5

	46	Pumpkins			            6,000	 	  5          	10

	47	Sorghum			 	1,000		<1                    <2.5

	48	Soybeans			  	 <500		<1          	<2.5

	49	Spinach			 	4,000		10          	 20

	50	Squash			 	 	5,000		10          	 15

	51	Strawberries			          30,000		25          	 40

	52	Sugar Beets			          10,000		<1          	 <2.5

@

„@

„`ú^„@

g

h

Ç

È

”ÿX

Ä

”ÿX

Ä

”ÿX

Ä

”ÿX

Ä

”ÿX

Ä

$

$

$

@

$

$

$

kdL

@

$

@

$

$

@

@

摧䲯¦z欀鍤

@

@

$

@

&

ê

@

&

@

Ff€

&

@

&

@

äý	¢

Ff5

Ffƒ

Ff

kd™

6

g

´

5

‚

Ï

Ñ

l

Ð

<

h

¹

î

#

x

Ì

D

œ

è

>

‹

Ø

Y

¦

ó

	<1                   <2.5

	58	Watermelons			          10,000		  5                    10

	59	Wheat				  	7,000	    	<1          	<2.5

______________________________________

All numbers rounded.

'<500' indicates less than 500 pounds of active ingredient.

'<2.5' indicates less than 2.5 percent of crop is treated.

* CA data only, but 95% or more of U.S. acres are in California

(   Setzer, W., Dose-Time Response Modeling of Human RBC AChE Activity: Methomyl Dosing , NCCT, EPA, 6/21/2006

       Setzer, W., Dose-Time Response Modeling of Rat RBC AChE Activity: Methomyl Gavage Dosing, NCCT, EPA, 6/22/2006

       Setzer, W., Dose-Time Response Modeling of Rat Brain AChE Activity: Methomyl Gavage Dosing, NCCT, EPA, 5/25/2006

Page   PAGE  13  of   NUMPAGES  96

 PAGE   12

58 3 PA


 [Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)] [Notices] [Pages 39959-39960] [FR Doc No: 2011-17034]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64792; File No. SR-EDGA-2011-19]

Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of

Filing and Immediate Effectiveness of Proposed Rule Change To Make

Available Without Charge the EDGA Book Feed and To Add a Description of

the EDGA Book Feed to New Rule 13.8

July 1, 2011.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934

(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given

that on June 29, 2011, EDGA Exchange, Inc. (the ``Exchange'' or

``EDGA'') filed with the Securities and Exchange Commission

(``Commission'') the proposed rule change as described in Items I and

II below, which items have been prepared by the Exchange. The

Commission is publishing this notice to solicit comments on the

proposed rule change from interested persons.

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

    \1\ 15 U.S.C. 78s(b)(1).

    \2\ 17 CFR 240.19b-4.

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

I. Self-Regulatory Organization's Statement of the Terms of the

Substance of the Proposed Rule Change

    The Exchange proposes to make available without charge the EDGA

book feed (``EDGA Book Feed''), an EDGA data feed that displays depth

of book information. The Exchange also proposes to add a description of

the EDGA Book Feed to new Rule 13.8. The text of the proposed rule

change is attached as Exhibit 5 and is available on the Exchange's Web

site at http://www.directedge.com, at the Exchange's principal office,

and at the Public Reference Room of the Commission.

II. Self-Regulatory Organization's Statement of the Purpose of, and

Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements

concerning the purpose of, and basis for, the proposed rule change and

discussed any comments it received on the proposed rule change. The

text of these statements may be examined at the places specified in

Item IV below. The self-regulatory organization has prepared summaries,

set forth in Sections A, B and C below, of the most significant aspects

of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and

Statutory Basis for, the Proposed Rule Change

1. Purpose

    The purpose of the proposed rule change is to describe the

availability of the EDGA Book Feed, a data feed that contains all

orders for securities trading on the Exchange. The EDGA Book Feed is

available to all EDGA members equally at no charge, and offers all

firms real-time data concerning EDGA's depth of book. EDGA makes the

EDGA Book Feed available to all market participants via subscription

through an established connection to EDGA through extranets, direct

connection, and service bureaus. The EDGA Book Feed is available in

multicast and unicast formats.

    The EDGA Book Feed contains the following data elements: all

displayed orders for listed securities trading on EDGA, order

executions, order cancellations, order modifications, order

identification numbers, and administrative messages.

    By making the EDGA Book Feed data available, EDGA enhances market

transparency and fosters competition among orders and markets. Member

firms may use the EDGA Book Feed to more accurately price their orders

based on EDGA's view of the depth of book information, such as all

displayed limit orders at any point in time. Additionally, Members can

track their own orders from order entry to execution.

    The Exchange proposes to add the definition of EDGA Book Feed to

new Rule 13.8(a). In addition, the Exchange proposes to add to Rule

13.8(b) the process by which a Member can obfuscate their unique order

identification number on the EDGA Book Feed for subsequent

replenishments of reserve orders per Market Participant Identifier

(``MPID'') for all logical ports or specific logical ports, as

designated by the Member. In order to do so, and have a randomly

generated order identification number applied to the replenishment of

Member's reserve orders, the Member would contact Member Services via

email or phone. Such feature would be enabled the next trading day by

the Exchange for the Member-selected MPID for all logical ports or

specific logical ports until further instructions are received by

Member Services from the Member. The Exchange believes that the random

order identification number would help deter other market participants

from being able to trace the life of a specific order, including short-

term price movements and trading patterns.

    At this time, EDGA does not have plans to charge an additional fee

associated with the receipt of the EDGA Book Feed. Should EDGA

determine to charge fees associated with the EDGA Book Feed, EDGA will

submit a proposed rule change to the Commission in order to implement

those fees.

2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent

with the objectives of Section 6 of the Act,\3\ in general, and

furthers the objectives of Section 6(b)(5),\4\ in particular, as it is

designed to prevent fraudulent and manipulative acts and practices, to

promote just and equitable principles of trade, to foster cooperation

and coordination with persons engaged in regulating, clearing,

settling, processing information with respect to, and facilitating

transactions in securities, to remove impediments to and perfect the

mechanism of a free and open market and a national market system, and,

in general, to protect investors and the public interest. EDGA believes

that this proposal is in keeping with those principles by promoting

increased transparency through the dissemination of the EDGA Book Feed

and by codifying its availability.

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

    \3\ 15 U.S.C. 78f.

    \4\ 15 U.S.C. 78f(b)(5).

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

    In addition, EDGA is making a voluntary decision to make this data

available. EDGA is not required by the Act in the first instance to

make the data available, unlike the best bid and offer which must be

made available under the Act. EDGA chooses to make the data available

as proposed in order to improve market quality, to attract order flow,

and to increase transparency. Once this filing becomes effective, EDGA

will be required to continue making the data available until such time

as EDGA changes its rule.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition

that is not necessary or appropriate in furtherance of the purposes of

the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed

Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit,

comments on this proposed rule change. The Exchange has not received

any

unsolicited written comments from members or other interested parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for

Commission Action

    Because the foregoing proposed rule change does not: (i)

Significantly affect the protection of investors or the public

interest; (ii) impose any significant burden on competition; and (iii)

become operative for 30 days from the date on which it was filed, or

such shorter time as the Commission may designate, it has become

effective pursuant to Section 19(b)(3)(A) of the Act \5\ and Rule 19b-

4(f)(6)(iii) thereunder.\6\

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

    \5\ 15 U.S.C. 78s(b)(3)(A).

    \6\ 17 CFR 240.19b-4(f)(6)(iii).

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

    A proposed rule change filed under Rule 19b-4(f)(6) \7\ normally

does not become operative prior to 30 days after the date of the

filing. However, pursuant to Rule 19b4(f)(6)(iii),\8\ the Commission

may designate a shorter time if such action is consistent with the

protection of investors and the public interest. The Exchange has asked

that the Commission waive the 30-day pre-operative waiting period

contained in Rule 19b-4(f)(6)(iii).\9\ The Exchange has requested such

waiver because it believes that such waiver is consistent with the

protection of investors and the public interest because it would permit

EDGA to immediately provide the information regarding the EDGA Book

Feed access requirements to market participants. Specifically, the

Exchange believes that, because the EDGA Book Feed is already

available, strictly voluntary, and free to receive, waiver is

consistent with the protection of investors and the public interest.

For these reasons, the Commission sees no reason to delay

implementation of the proposed rule change. The Commission believes it

is consistent with the protection of investors and the public interest

to waive the 30-day operative delay, and hereby grants such waiver.\10\

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

    \7\ 17 CFR 240.19b-4(f)(6).

    \8\ 17 CFR 240.19b-4(f)(6)(iii).

    \9\ Id.

    \10\ For purposes only of waiving the 30-day operative delay,

the Commission has considered the proposed rule change's impact on

efficiency, competition, and capital formation. 15 U.S.C. 78c(f).

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

    At any time within 60 days of the filing of the proposed rule

change, the Commission summarily may temporarily suspend such rule

change if it appears to the Commission that such action is necessary or

appropriate in the public interest, for the protection of investors, or

otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and

arguments concerning the foregoing, including whether the proposed rule

change is consistent with the Act. Comments may be submitted by any of

the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-EDGA-2011-19 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,

Secretary, Securities and Exchange Commission, 100 F Street, NE.,

Washington, DC 20549-1090.

All submissions should refer to File Number SR-EDGA-2011-19. This file

number should be included on the subject line if e-mail is used.

    To help the Commission process and review your comments more

efficiently, please use only one method. The Commission will post all

comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that

are filed with the Commission, and all written communications relating

to the proposed rule change between the Commission and any person,

other than those that may be withheld from the public in accordance

with the provisions of 5 U.S.C. 552, will be available for website

viewing and printing in the Commission's Public Reference Room on

official business days between the hours of 10 a.m. and 3 p.m. Copies

of such filing also will be available for inspection and copying at the

principal offices of the Exchange. All comments received will be posted

without change; the Commission does not edit personal identifying

information from submissions. You should submit only information that

you wish to make available publicly. All submissions should refer to

File Number SR-EDGA-2011-19, and should be submitted on or before July

28, 2011.

    For the Commission, by the Division of Trading and Markets,

pursuant to delegated authority.\11\

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

    \11\ 17 CFR 200.30-3(a)(12).

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

Cathy H. Ahn,

Deputy Secretary.

[FR Doc. 2011-17034 Filed 7-6-11; 8:45 am]

BILLING CODE 8011-01-P