[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Notices]
[Pages 80808-80809]
[FR Doc No: 2010-32268]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9242-5]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Consent Decree; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``CAA'' or the ``Act''), 42 U.S.C. 7413(g), notice is hereby
given of a proposed consent decree to address a lawsuit filed by
Natural Resources Defense Council, Inc. and Coalition for a Safe
Environment (collectively ``Plaintiffs'') in the United States District
Court for the Central District of California: Natural Resources Defense
Council, Inc., et al. v. Jackson, No. CV-10-6029-MMM-AGR (C.D. CA.). On
August 12, 2010, Plaintiffs filed a complaint alleging that EPA failed
to perform nondiscretionary duties under section 110(k)(2) of the CAA,
42 U.S.C. 7410(k)(2) to take final action to approve or disapprove (1)
the State Strategy for the 2007 State Implementation Plan (``2007 State
SIP''), submitted to EPA on November 16, 2007, and (2) the 2007 Air
Quality Management Plan for the South Coast Air Quality Management
District (``2007 South Coast SIP''), submitted to EPA on November 28,
2007. The proposed consent decree establishes a deadline for EPA to
take action.

DATES: Written comments on the proposed consent decree must be received
by January 24, 2011.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2010-1060, online at http://www.regulations.gov (EPA's preferred
method); by e-mail to<EMAIL_ADDRESS>by mail to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Jan Tierney, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    The proposed consent decree would resolve a lawsuit seeking to
compel the Administrator to take final action under section 110(k) of
the CAA to approve or disapprove (1) the State Strategy for the 2007
State Implementation Plan (``2007 State SIP''), submitted to EPA on
November 16, 2007, and (2) the 2007 Air Quality Management Plan for the
South Coast Air Quality Management District (``2007 South Coast SIP''),
submitted to EPA on November 28, 2007. Specifically, the consent decree
addresses only those elements of the 2007 State SIP and 2007 South
Coast SIP that were submitted by the State of California in response to
EPA's designations of ``nonattainment'' for the South Coast Air Basin
with respect to the 1997 NAAQS for ozone and PM2.5. The proposed
consent decree requires that no later than September 30, 2011, EPA
shall sign for publication in the Federal Register a notice of the
Agency's final action on the portions of the 2007 State SIP and 2007
South Coast SIP that relate to EPA's ``nonattainment'' designation of
the South Coast Air Basin with respect to the 1997 PM2.5 NAAQS, and
thereafter send the notice to the Office of the Federal Register for
review and publication.
    The proposed consent decree also requires that no later than
December 15, 2011, EPA shall sign for publication in the Federal
Register a notice of the Agency's final action on the portions of the
2007 State SIP and 2007 South Coast SIP that relate to the
nonattainment designation of the South Coast Air Basin with respect to
the 1997 ozone NAAQS, and thereafter send the notice to the Office of
the Federal Register for review and publication. After EPA fulfills its
obligations under the decree, the parties shall file a joint request to
the Court to dismiss this matter with prejudice.

    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who were not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines that consent to this consent decree should be
withdrawn, the terms of the decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How can I get a copy of the consent decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2010-1060) contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
http://www.regulations.gov. You may use http://www.regulations.gov to
submit or view public comments, access the index listing of the
contents of the official public docket, and to access those documents
in the public docket that are available electronically. Once in the
system, key in the appropriate docket identification number then select
``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at http://www.regulations.gov without change,
unless the comment contains copyrighted material, CBI, or other
information whose disclosure is restricted by statute. Information
claimed as CBI and other information whose disclosure is restricted by
statute is not included in the official public docket or in the
electronic public docket. EPA's policy is that copyrighted material,
including copyrighted material contained in a public comment, will not
be placed in EPA's electronic public docket but will be available only
in printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment and with any disk or
CD-ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the http://www.regulations.gov Web site to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through http://www.regulations.gov, your e-mail address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: December 16, 2010.
Kevin W. McLean,
Acting Associate General Counsel.
[FR Doc. 2010-32268 Filed 12-22-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 74, Number 80 (Tuesday, April 28, 2009)]
[Notices]
[Pages 19253-19254]
[FR Doc No: E9-9573]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59808; File No. SR-NYSEArca-2009-31]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Implementing Fee
Change

April 21, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on April 15, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the self-regulatory
organization. NYSE Arca filed the proposal pursuant to Section
19(b)(3)(A) \4\ of the Act and Rule 19b-4(f)(2) \5\ thereunder. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Schedule of Fees and Charges for
Exchange Services (the ``Schedule''). While changes to the Schedule
pursuant to this proposal will be effective upon filing, the changes
will become operative on April 15, 2009. A copy of this filing is
available on the Exchange's Web site at http://www.nyse.com, at the
Exchange's principal office and at the Commission's Public Reference
Room.

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 self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to revise its Schedule with respect to fees
applied to Primary Only Plus (``PO+'') orders. The changes, described
below, will become operative on April 15, 2009. The Exchange believes
that the proposed changes to the Schedule are equitable in that they
apply uniformly to our Users.
    Tier 1 and Tier 2 Rates
    For orders routed outside the Book in Tapes A, B, or C securities
to NASDAQ, the Exchange proposes a fee of $0.003 per share (previously
$0.0029).
    Take Tier
    For orders routed outside the Book in Tapes A, B, or C securities
to NASDAQ, the Exchange proposes a fee of $0.003 per share (previously
$0.00285).

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(the ``Act''), in general, and Section 6(b)(4) of the Act, in
particular, in that it is designed to provide for the equitable
allocation of reasonable dues, fees, and other charges among its
members and other persons using its facilities. The proposed rates are
part of the Exchange's continued effort to attract and enhance
participation on the Exchange, by offering attractive rebates for
liquidity providers and volume-based incentives. The Exchange believes
that the proposed changes to the Schedule are equitable in that they
apply uniformly to our Users.

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

    The Exchange does not believe that the proposed rule change will
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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing proposed rule change is effective upon filing
pursuant to Section 19(b)(3)(A) \6\ of the Act and subparagraph (f)(2)
of Rule 19b-4 \7\ thereunder, because it establishes a due, fee, or
other charge imposed by NYSE Arca on its members. At any time within 60
days of the filing of the proposed rule change, the Commission may
summarily abrogate 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.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(2).
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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-NYSEArca-2009-31 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-NYSEArca-2009-31. 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 inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office 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-NYSEArca-2009-31 and should
be submitted on or before May 19, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-9573 Filed 4-27-09; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 138 (Monday, July 20, 2015)]
[Proposed Rules]
[Pages 42774-42777]
[FR Doc No: 2015-17744]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0163; FRL-9930-75-Region 4]

Approval and Promulgation of Implementation Plans; Mississippi:
Miscellaneous Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve portions of a State Implementation Plan (SIP) revision
submitted by the Mississippi Department of Environmental Quality
(MDEQ), to EPA on July 25, 2010. The SIP revision includes multiple
changes to Mississippi's SIP to add definitions in accordance with
federal regulations and to implement clarifying language. EPA is not
proposing to take action on the aspects of the SIP revision related to
the Clean Air Interstate Rule (CAIR) or hazardous air pollutants at
this time.

DATES: Written comments must be received on or before August 19, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2013-0163, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2013-0163,'' Air Regulatory Management
Section (formerly Regulatory Development Section), Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air
Regulatory Management Section (formerly Regulatory Development
Section), Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official

hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2013-0163. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information may not be publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
www.regulations.gov or in hard copy at the Air Regulatory Management
Section, Air Planning and Implementation Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA
requests that if at all possible, you contact the person listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Lakeman can be reached by phone at<PHONE_NUMBER> or
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On June 25, 2010, MDEQ submitted a SIP revision to EPA for approval
into the Mississippi SIP. MDEQ's July 25, 2010, SIP revision includes
multiple changes to Mississippi's air pollution control regulation APC-
S-1, entitled ``Air Emission Regulations for the Prevention, Abatement,
and Control of Air Contaminants,'' to add and amend definitions in
accordance with federal regulations and to implement clarifying
language. Specifically, these changes include amendments to Section 2--
``Definitions'' and Section 3--``Specific Criteria for Sources of
Particulate Matter.'' With the exception of the changes in Section 8
related to hazardous air pollutants and the changes in Section 14
related to Mississippi's CAIR provisions, EPA is proposing to approve
Mississippi's July 25, 2010, SIP revision, which became state effective
on February 6, 2009.\1\ EPA will consider action on Mississippi's
changes to its CAIR provisions and its hazardous air pollutants
provisions in a separate action.
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    \1\ MDEQ's submission includes a revision to APC-S-1, Section
8--``Provisions for Hazardous Air Pollutants'' that updates the
incorporate by reference date to October 3, 2008, for relevant
federal regulations related to National Emission Standard for
Hazardous Air Pollutants (NESHAPS) and the Clean Air Mercury Rule
(CAMR). However, EPA has not incorporated APC-S-1, Section 8 into
the Mississippi SIP, and therefore, EPA is not proposing to approve
these changes related to NESHAPS and CAMR into the SIP.
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II. Mississippi's July 25, 2010, SIP Revision

A. Changes to APC-S-1, Section 2--``Definitions''

1. ``Air Cleaning Device''
    Mississippi is amending the definition of ``Air Cleaning Device''
by adding language to clarify that the term ``air pollution control
device'' is synonymous with the term ``air cleaning device.'' The
definition of ``air cleaning device'' includes ``[a]ny method, process
or equipment which removes, reduces or renders less noxious air
contaminants discharged into the atmosphere.'' Mississippi's July 25,
2010, SIP revision, simply clarifies that the term ``air pollution
control device'' has the same definition as ``air cleaning device'' by
adding a phrase noting that these two terms are ``synonymous.''
Mississippi chose to link the two terms rather than provide a separate
definition entry for ``air pollution control device.'' Mississippi is
making this change to provide clarity to the regulated community
regarding the definition for the term ``air pollution control device.''
2. ``Ozone Action Day''
    Mississippi's July 25, 2010, SIP submission amends the definition
for ``Ozone Action Day'' by changing the dates from April 1 and
September 30 to March 1 and October 30, respectively, to align with the
time period for ozone monitoring in Mississippi as specified in 40 CFR
part 58. See table in 40 CFR part 58 entitled, ``Table D-3 of Appendix
D to Part 58--Ozone Monitoring Season by State.''
3. ``PM2.5''
    Mississippi added a definition of ``PM2.5'' as
``[p]articulate matter with an aerodynamic diameter less than or equal
to a nominal 2.5 micrometers as measured by a reference method based on
appendix L of 40 CFR part 50 and designated in accordance with 40 CFR
part 53 or by an equivalent method designated in accordance with 40 CFR
part 53.'' This definition is consistent with EPA's definition codified
at 40 CFR part 53 as well as the agency's longstanding characterization
of fine particular matter. This change, if approved, will result in a
renumbering of definitions at APC-S-1.
4. ``PM2.5 emissions''
    Mississippi added a definition of ``PM2.5 emissions'' as
``[f]inely divided solid or liquid material, with an aerodynamic
diameter less than or equal to a nominal 2.5 micrometers, emitted to
the ambient air as measured by an applicable EPA Test Method, an
equivalent or alternative method specified by EPA, or by a test method
specified in the approved State Implementation Plan.'' This definition
is consistent with EPA's definition for ``direct PM2.5
emissions'' \2\ except that

the State's definition does not include a condensable PM2.5
component.\3\ However, EPA considers this definition acceptable because
there are currently no PM2.5 nonattainment areas in
Mississippi and because the State's prevention of significant
deterioration (PSD) program at APC-S-5 requires sources to consider the
condensable portion of PM2.5 emissions when determining PSD
applicability. This change, if approved, will result in a renumbering
of definitions at APC-S-1.
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    \2\ Under the federal definition, ``direct PM2.5
emissions'' means ``solid particles emitted directly from an air
emissions source or activity, or gaseous emissions or liquid
droplets from an air emissions source or activity which condense to
form particulate matter at ambient temperatures. Direct
PM2.5 emissions include elemental carbon, directly
emitted organic carbon, directly emitted sulfate, directly emitted
nitrate, and other inorganic particles (including but not limited to
crustal material, metals, and sea salt).'' 40 CFR 51.1000.
    \3\ The federal provisions for implementation of the
PM2.5 NAAQS require, after January 1, 2011, that states
must consider the condensable fraction of direct PM2.5
emissions when establishing limits under 40 CFR 51.1009 (Reasonable
further progress requirements (RFP)) and 40 CFR 51.1010
(Requirements for reasonably available control technology (RACT) and
reasonably available control measures (RACM)). See 40 CFR
51.1002(c). However, Mississippi's adopted definition of
``PM2.5 emissions'' does not explicitly include the
condensable fraction of direct PM2.5 emissions. EPA notes
that if PM2.5 nonattainment areas are designated within
the State in the future, the State's definition of
``PM2.5 emissions'' may need to be revised to include
condensable emissions to ensure that the RFP and RACT/RACM
provisions are properly implemented. EPA also notes that
Mississippi's PSD permitting program at APC-S-5 already requires
sources to account for PM2.5 condensable emissions when
determining PM2.5 emission limitations and PSD
applicability.
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B. Changes to APC-S-1, Section 3--``Specific Criteria for Source of
Particular Matter''

1. Paragraph 4--``Fuel Burning''
    As it currently exists in the SIP, APC-S-1, Section 3.4(b)--
``Combination Boilers''--states that particulate matter emissions from
combination boilers involved in fuel burning operations that utilize a
mixture of combustibles are allowed emission rates up to 0.30 grains
per standard dry cubic foot. Mississippi's July 25, 2010, SIP
submission added language to clarify that section 3.4(b) is only
applicable to fuel burning operations that utilize a mixture of
combustibles ``to produce steam or heat water or any other heat
transfer medium through indirect means.''
2. Paragraph 6--``Manufacturing Processes''
    Mississippi is amending subparagraph (a) relating to particulate
matter emission limits based on process weight rate to clarify that the
emission limit listed in that subparagraph applies to the manufacturing
process including any associated stacks, vents, outlets, or combination
thereof.
3. Paragraph 7--``Open Burning''
    Mississippi is amending subparagraph (a)(1) to clarify that fires
set for burning of agricultural wastes in the field and/or
silvicultural wastes for forest management purposes must obtain a
permit from the Mississippi Forestry Commission regardless of whether
there is an available Forestry Commission tower servicing the area in
which the burning occurs.
4. Paragraph 8--``Incineration''
    Mississippi is adding subparagraph (c) to clarify that the
particulate matter emission limit for incinerators, 0.2 grains per
standard dry cubic foot of flue gas, does not apply to ``afterburners,
flares, thermal oxidizers, and other similar devices used to reduce the
emissions of air pollutants from processes.'' EPA notes that all
particulate matter emissions discharged from such control devices are
part of the total emissions from the process unit and are not excluded
from determinations of compliance with applicable emission limitations.
Mississippi also amended the text of subparagraph (a) to reference
subparagraph (c) to further clarify that devices listed at paragraph
(c) are not required to apply the particulate matter emission limit for
incinerators identified in subparagraph (a).

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference certain changes to Mississippi's air pollution control
regulation APC-S-1, entitled ``Air Emission Regulations for the
Prevention, Abatement, and Control of Air Contaminants.'' Specifically,
these changes include the amendments to Section 2--``Definitions'' and
Section 3--``Specific Criteria for Sources of Particulate Matter''
described in section II, above. EPA has made, and will continue to
make, these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve portions of Mississippi's July 25,
2010, SIP submission revising Rule APC-S-1 to add and amend definitions
in accordance with federal regulations and to implement clarifying
language. EPA has preliminarily determined that these changes to the
Mississippi SIP are in accordance with the Clean Air Act (CAA or Act)
and EPA policy and regulations. With the exception of changes in
Section 8 related to hazardous air pollutants and the changes in
Section 14 related to Mississippi's CAIR provisions, EPA is proposing
to approve Mississippi's SIP revisions provided to EPA on July 25,
2010. EPA will consider action on Mississippi's changes to its CAIR
provisions and its hazardous air pollutants provisions in a separate
action.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because

application of those requirements would be inconsistent with the CAA;
and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.

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

    Dated: July 9, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-17744 Filed 7-17-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 1, 2010 (Volume 75, Number 62)]
[Proposed Rules]
[Page 16388-16391]
[DOCID:fr01ap10-28]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-1014-201002; FRL-9133-1]

Approval and Promulgation of Implementation Plans; Commonwealth
of Kentucky: Prevention of Significant Deterioration and Nonattainment
New Source Review Rules: Nitrogen Oxide as Precursor to Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a revision to Kentucky's State
Implementation Plan (SIP), submitted by the Kentucky Energy and
Environment Cabinet, through the Kentucky Division of Air Quality
(KDAQ) to EPA on February 5, 2010. The proposed revision modifies
Kentucky's prevention of significant deterioration (PSD) and
nonattainment new source review (NNSR) permitting regulations in the
SIP to address permit requirements promulgated in the 1997 8-Hour Ozone
National Ambient Air Quality Standards (NAAQS) Implementation Rule--
Phase 2 (hereafter referred to as the ``Ozone Implementation NSR
Update''). The Ozone Implementation NSR Update revised permit
requirements relating to the implementation of the 1997 8-hour ozone
NAAQS specifically incorporating nitrogen oxides (NOX) as a
precursor to ozone. The proposed revision also includes provisions
addressing permit requirements promulgated by EPA on May 1, 2007, which
exclude from the NSR major source permitting requirements ``chemical
process plants'' that produce ethanol through a natural fermentation
process (hereafter referred to as the ``Ethanol Rule''.)

DATES: Comments must be received on or before May 3, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-1014, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: EPA-R04-OAR-2009-1014, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.

    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2009-1014.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through http:/
/www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: For information regarding the Kentucky
SIP, contact Ms. Twunjala Bradley, Regulatory Development Section, Air
Planning Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>For information regarding NSR,
contact Ms. Yolanda Adams, Air Permits Section, at the same address
above. Telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>For information regarding 8-hour ozone NAAQS,
contact Ms. Jane Spann, Regulatory Development Section, at the same
address above. Telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Action Is EPA Proposing Today?
II. What Is the Background for the Action That EPA Is Proposing To
Take Today?
III. What Is EPA's Analysis of Kentucky's SIP Revision?
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. What Action Is EPA Proposing Today?

    The Commonwealth of Kentucky, through KDAQ, submitted a revision on
February 5, 2010, to the Kentucky SIP which relates to Kentucky's Air
Quality Regulations, Chapter 51--401 KAR 51:001 ``Definitions for 401
KAR Chapter 51,'' 401 KAR 51:017 ``Prevention of Significant
Deterioration of Air Quality,'' and 401 KAR 51:052 ``Review of New
Sources in or Impacting upon Nonattainment Areas.'' The SIP revision
addresses the Ozone Implementation NSR Update requirements for Kentucky
to include NOX as an ozone precursor for permitting
purposes. Specifically, the Ozone Implementation NSR Update
requirements included changes to major source thresholds for sources in
certain classes of nonattainment areas, changes to offset ratios for
marginal, moderate, serious, severe, and extreme ozone nonattainment
areas, provisions addressing offset requirements for facilities that
shut down or curtail operation, and a requirement stating that
NOX emissions are ozone precursors. The proposed revision
also includes provisions for excluding ``chemical process plants'' that
produce ethanol through a natural fermentation process from the NSR
major source permitting requirements. Pursuant to section 110 of the
Clean Air Act (CAA or Act), EPA is proposing to approve these revisions
into the Kentucky SIP.
    Additionally, the rule revision provided in Kentucky's February 5,
2010, submittal updates Kentucky's PSD and NSR permitting regulations
to make them consistent with changes to the Federal regulations by
removing the existing standards and requirements for clean units (CU)
and pollution control projects (PCP). However, EPA is not taking action
on the Kentucky rule updates regarding CU and PCP because these
portions of Kentucky's rule are specifically not approved into
Kentucky's federally-approved SIP.

II. What Is the Background for the Action That EPA Is Proposing To Take
Today?

    On July 18, 1997, EPA promulgated a revised 8-hour ozone NAAQS of
0.08 parts per million--also referred to as the 1997 8-hour ozone
NAAQS. On April 30, 2004, EPA designated areas as attainment,
nonattainment and unclassifiable for the 1997 8-hour ozone NAAQS. As
part of the 2004 designations, EPA also promulgated an implementation
rule for the 1997 8-hour ozone NAAQS in two phases. Phase 1 of EPA's
1997 8-hour ozone implementation rule (Phase 1 Rule), published on
April 30, 2004, effective on June 15, 2004, provided the implementation
requirements for designating areas under subpart 1 and subpart 2 of the
CAA (69 FR 23857).
    On November 29, 2005, EPA promulgated the second phase for
implementation provisions related to the 1997 8-hour ozone standards--
also known as the Phase 2 Rule (70 FR 71612). The Phase 2 Rule
addressed control and planning requirements as they applied to areas
designated nonattainment for the 1997 8-hour ozone NAAQS such as
reasonably available control technology, reasonably available control
measures, reasonable further progress, modeling and attainment
demonstrations and NSR, and the impact to reformulated gas for

the 1997 8-hour ozone NAAQS transition. Specific to this rulemaking,
the Phase 2 Rule made changes to Federal regulations 40 CFR 51.165 and
51.166, which govern the NNSR and PSD permitting programs. Pursuant to
these changes, states were required to submit SIP revisions
incorporating NOX as an ozone precursor by no later than
June 15, 2007. Kentucky's February 5, 2010, SIP submission (the subject
of this action) addresses the state requirement to adopt provisions to
include NOX as a precursor for ozone for PSD and NNSR
permitting purposes.
    In addition, on May 1, 2007, EPA promulgated revisions to the PSD
and NNSR regulations to address applicability of permitting
requirements for ``chemical process plants'' (72 FR 24059). The
revisions to 40 CFR 51.165, 51.166, 52.21, and Appendix S, define
``chemical process plants'' under the regulatory definition of ``major
stationary source'' to exclude ethanol manufacturing facilities that
produce ethanol by natural fermentation processes. Kentucky's February
5, 2010, SIP submission addresses these minimum program elements of the
PSD and NNSR programs for ``chemical processing plants.''

III. What Is EPA's Analysis of Kentucky's SIP Revision?

    On February 5, 2010, the Commonwealth of Kentucky submitted a
revision to EPA for approval which revised the Commonwealth's
permitting provisions to adopt EPA's Federal regulations specified in
the Ozone Implementation NSR Update relating to the incorporation of
NOX as an ozone precursor and to address permitting
requirements specified in EPA's Ethanol Rule. Specifically, the
revision relates to Kentucky's Air Quality Regulations, Chapter 51--401
KAR 51:001 ``Definitions for 401 KAR Chapter 51,'' 401 KAR 51:017
``Prevention of Significant Deterioration of Air Quality,'' and 401 KAR
51:052 ``Review of New Sources in or Impacting upon Nonattainment
Areas.'' The revision became state-effective on February 5, 2010. The
submittal revised Kentucky's PSD and NNSR permit programs to make them
consistent with changes to the Federal regulations set forth in the
Ozone Implementation NSR Update. These changes include changes to major
source thresholds for sources in certain classes of nonattainment
areas, changes to offset ratios for marginal, moderate, serious,
severe, and extreme ozone nonattainment areas, provisions addressing
offset requirements for facilities that shut down or curtail operation,
and a requirement stating that NOX emissions are ozone
precursors. In addition, the submittal revised Kentucky's PSD and NNSR
permit programs to make them consistent with changes to the Federal
regulations set forth in EPA's Ethanol Rule. These changes include
changes to the regulatory definition of ``major stationary source'' to
exclude ethanol manufacturing facilities that produce ethanol by
natural fermentation processes. These changes affect both the
applicability threshold and whether this industry must count fugitive
emissions in determining its major source status.
    The revision included in Kentucky's PSD and NNSR programs are
substantively the same as the Ozone Implementation NSR Update and the
Ethanol Rule. The Kentucky rules have been formatted to conform to
Kentucky rule drafting standards (KRS Chapter 13A), but in substantive
content the rules are the same as the Federal rules. As part of its
review of the Kentucky submittal, EPA performed a line-by-line review
of the proposed revisions and has determined that they are consistent
with the permit program requirements for NSR, set forth at 40 CFR
51.165 and 51.166.
    Kentucky's February 5, 2010, SIP submission providing the PSD and
NNSR rule revisions also includes the removal of provisions that were
vacated by the United States Court of Appeals for the District of
Columbia Circuit.\1\ Since EPA did not take action on Kentucky's SIP
with regard to the vacated portions (i.e., these provisions were not
incorporated into the federally-approved SIP), EPA is not taking action
through this rulemaking on the removal of these provisions as provided
in Kentucky's February 5, 2010, submittal.
---------------------------------------------------------------------------

    \1\ On December 31, 2002 (67 FR 80186), EPA published final rule
changes to 40 CFR parts 51 and 52, regarding the CAA's PSD and NNSR
programs. On November 7, 2003 (68 FR 63021), EPA published a notice
of final action on the reconsideration of the December 31, 2002,
final rule changes. The December 31, 2002, and the November 7, 2003,
final actions are collectively referred to as the ``2002 NSR Reform
Rules.'' On June 24, 2005, the United States Court of Appeals for
the DC Circuit Court vacated portions of the 2002 NSR Reform Rules
pertaining to CU and PCP.
---------------------------------------------------------------------------

IV. Proposed Action

    Pursuant to section 110 of the CAA, EPA is proposing to approve
Kentucky's SIP revision, submitted February 5, 2010, which incorporates
NOX as an ozone precursor for permitting purposes into the
Kentucky SIP, and addresses major source applicability for ethanol
manufacturing facilities. EPA is proposing to approve these revisions
because they are consistent with the CAA, and EPA regulation and
policy.

V. Statutory and Executive Order Reviews.

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

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 17, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-7319 Filed 3-31-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 30, 2010 (Volume 75, Number 189)]
[Notices]
[Page 60443-60444]
[DOCID:fr30se10-71]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EC10-67-001]

BHE Holdings, Inc., Maine & Maritimes Corporation; Notice of
Filing

September 22, 2010.
    Take notice that, on September 15, 2010, BHE Holdings, Inc. and
Maine & Maritimes Corporation (Merger Applicants) submitted an
amendment to an earlier application that was filed on May 11, 2010, in
the above-referenced proceeding pursuant to section 203 of the Federal
Power Act.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the

Web site that enables subscribers to receive e-mail notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please e-mail<EMAIL_ADDRESS>or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: October 5, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-24512 Filed 9-29-10; 8:45 am]
BILLING CODE 6717-01-P


U. S. ENVIRONMENTAL PROTECTION AGENCY

Washington, D.C. 20460

OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION

PC Code: 060109

DP Barcode: 373378

376634

May 20, 2010

MEMORANDUM

SUBJECT:	Tier II Drinking Water Exposure Assessment to Establish a Tolerance of Thiamethoxam on Peanut and Alfalfa Seeds

TO:	Dennis McNeilly, Chemist/Risk Assessor

	Christina Swartz, Branch Chief

Julie Chao, Risk Manager Reviewer

	Venus Eagle, Risk Manager

FROM:	Christopher M. Koper, Chemist

	Environmental Risk Branch I

	Environmental Fate and Effects Division

THROUGH:	Anita Pease, Acting Branch Chief

	Brian Anderson, Risk Assessment Process Leader

Faruque Khan, Senior Fate Scientist, Secondary Reviewer

Environmental Risk Branch I

	Environmental Fate and Effects Division

A Tier II screening-level drinking water assessment was conducted for the proposed new use of thiamethoxam on peanut and alfalfa seeds submitted by Syngenta Crop Protection, Inc.  Tolerances for leafy vegetables, dry bulb onions and corn were also included in this assessment after review of the submitted labels showed increased rates that were not previously assessed for these crops.

Thiamethoxam is a systemic neonicotinoid insecticide that can be applied as a seed treatment for various crops.  This assessment was based on information contained in the Cruiser( Insecticide (EPA Reg. No. 100-941) and Cruiser( PD (EPA Reg. No. 100-RGAL) labels.  The estimated drinking water concentrations (EDWCs) are based on the maximum proposed application rates specified in the product labels.  The EDWCs for the human health risk assessment are presented in Table 1.

For surface water, the EDWCs for the crops modeled in this assessment did not exceed the previous EDWCs for rice reported in the previous drinking water assessment (D363202) dated 07 April 2009. The reported acute concentration of 131.77 µg/L, annual mean (chronic) concentration of 11.31 µg/L and the highest 30 year annual average concentration of 11.31 µg/L from the rice model are higher than the reported EDWCs for various uses in Table 1.  Therefore, the current EDWCs for surface water do not supersede the drinking water concentrations previously estimated for this chemical.

For groundwater, based on the highest annual use rate for dry bulb onion (0.300 lbs. a.i./acre) and the proposed use rates for peanut seed (0.080 lbs. a.i./acre) and alfalfa seed (0.022 lbs. a.i./acre), the SCI-GROW model concentrations of thiamethoxam were 4.66 µg/L, 1.24 µg/L and 0.34 µg/L, respectively (Table 1).  These values were compared to 4.14 µg/L reported for grapes in the previous drinking water assessment (D329467) dated 10 January 2007.  It is important to note that the predicted groundwater value for grapes is a corrected value described in detail in a previous drinking water assessment (D368072) dated 02 February 2010. Since 4.66 µg/L for dry bulb onions is greater than 4.14 µg/L, the current EDWC supersedes the previously recommended EDWC for groundwater.

In conclusion, the current EDWCs for surface water do not supersede the estimated drinking water concentrations previously derived for thiamethoxam. The current EDWC for groundwater supersedes the estimated drinking water concentration previously estimated for this chemical. Therefore, the recommended EWDC for groundwater is 4.66 µg/L.

Table 1  Thiamethoxam Estimated Drinking Water Concentrations (EDWCs) for Surface Water and Groundwater Based on Selected Crop Scenarios

Proposed Label Use	PRZM/EXAMS

Scenario

(first app. date)	Application Rate

(interval between applications)	1-in-10 year acute

(µg/L)	1-in-10 year chronic

(µg/L)	30 year average (µg/L)

Surface Water

Peanuts	NC Peanuts

(May 9)

1 app. X 0.080 lbs. ai/acre

1.51

0.16

0.05

Alfalfa	CA Alfalfa

(January  9)

1 app. X 0.022 lbs. ai/acre

0.37

0.07

0.03

	MN Alfalfa

(May 25)

1 app. X 0.022 lbs. ai/acre

0.27

0.03

0.02

	NC Alfalfa

(March 25)

1 app. X 0.022 lbs. ai/acre

0.55

0.08

0.03

	PA Alfalfa

(March 9)

1 app. X 0.022 lbs. ai/acre

0.37

0.05

0.03

	TX Alfalfa

(August 25)

1 app. X 0.022 lbs. ai/acre

0.89

0.10

0.05

	IL Alfalfa

(May 25)

1 app. X 0.022 lbs. ai/acre

0.58

0.06

0.03

Leafy Vegetables

	CA Lettuce

(Feb. 9)

1 app. X 0.266 lbs. ai/acre

23.78 1

3.68 1

1.29 1

Dry Bulb Onions	CA Onion

(Jan. 9)

1 app. x 0.300 lbs ai/acre

1.57

0.25

0.06

	GA Onion

(Sept. 8)

1 app. x 0.300 lbs ai/acre

20.45

1.54

0.44

Corn	KS Corn

(May 3)

1 app. X 0.210 lbs. ai/acre

11.88

1.34

0.63

	MS Corn

(April 3)

1 app. X 0.210 lbs. ai/acre

17.93

1.81

0.75

	NE Corn

(May 18)

1 app. X 0.210 lbs. ai/acre

15.43

1.73

0.70

	OH Corn

(April 24)

1 app. X 0.210 lbs. ai/acre

12.46

1.50

0.39

Groundwater

Peanuts	NA

1 app. x 0.080 lbs ai/acre

1.24

1.24

1.24

Alfalfa	NA

1 app. x 0.022 lbs ai/acre

0.34

0.34

0.34

Dry Bulb Onion	NA

1 app. x 0.300 lbs ai/acre

4.66 1

4.66 1

4.66 1

Surface water values denote maximum PCA adjusted EDWC values with PCA factor of 0.87.

Seed treatment is the method of application for all crop scenarios with a 2.54 cm. incorporation depth, 100

% application efficiency and 0% spray drift.

NA = Not Applicable

1 = Bolded EDWCs are the maximum concentrations predicted by PRZM/EXAMS and SCI-GROW models

Monitoring Data

Thiamethoxam is not included as one of the analytes monitored in U.S. surface and groundwater under the USGS’s National Water Quality Assessment (NAWQA) program.

Two small-scale prospective groundwater (PGW) monitoring studies (MRID 47486201) were initiated in southwest Michigan in June 2001 and southwestern Georgia in the spring of 2002 to determine the potential for the active ingredient thiamethoxam and its degradates (i.e: CGA-322704, CGA-355190, CGA-353042, NOA-404617, NOA-407475) to reach groundwater when used in a vulnerable hydrogeologic setting. Analytical data were collected from spring 2001 through the 47-months after treatment (MAT; May 2005) sampling event for the Michigan study and from spring 2002 through 36 months after application (MAA; May 2005) sampling event for the Georgia study.  The monitoring data demonstrate that concentrations of the analytes of interest have peaked in the groundwater and have either completely dissipated or have leveled off for an extended period of time.  Further details concerning this study can be found in the following memorandum (D325449) dated 12 June 2006.

In Michigan, thiamethoxam residues found in soil-pore water samples clearly peaked at 3.5 µg/L 14 MAT and then declined. No quantifiable residues of thiamethoxam > LOQ (0.05 µg/L) were determined in any of the 3, 6, and 9-ft lysimeters after the 36, 16, and 41-MAT sampling events, respectively. By the 47-MAT sampling event, only trace level detections of thiamethoxam were observed in three of the 15-ft. lysimeter units (maximum concentration 0.11 µg/L).

In Georgia, thiamethoxam residues were confirmed in only four shallow monitoring wells (MW-1S, MW-3S, MW-5S, and MW-8S) during 47 months of sampling. Thiamethoxam residues in groundwater peaked at 43-MAT, and by 47-MAT, residues were confined to two shallow monitoring wells only (maximum concentration 0.12 µg/L).  Thiamethoxam was not detected (LOQ = 0.050 µg/L) in any groundwater samples collected from the deep monitoring wells during 47 months of sampling.

Drinking Water Exposure Modeling

Estimated drinking water concentrations (EDWCs) were generated using EFED’s standard suite of models.  Application rates for the proposed new uses on peanut and alfalfa seeds were assessed, based on information provided on the labels.  Since there is no standard scenario for alfalfa, the specialty OP (Organophosphate) and NMC (N-Methyl Carbamate) scenarios for alfalfa were utilized.  In addition, EDWCs for leafy vegetables, dry bulb onions and corn were also included in this assessment after review of the submitted labels showed increased rates that were not previously assessed for these crops.

Models

Pesticide Root Zone Model (PRZM v3.12.2, May 12, 2005) and Exposure Analysis Modeling System (EXAMS v<IP_ADDRESS>, April 25, 2005) are simulation models coupled with the input PE5.pl shell (PE5, PE Version 5.0, November 15, 2006) to generate EDWCs of thiamethoxam residues that may occur in surface water used as drinking water.  The PRZM model simulates pesticide movement and transformation on and across the agricultural field resulting from crop applications.  The EXAMS model simulates pesticide loading via runoff, erosion, and spray drift assuming a standard watershed of 172.8 ha that drains into an adjacent standard drinking water index reservoir of 5.26 ha, an average depth of 2.74 m.  A more detailed description of the index reservoir watershed can be found in Jones et al., 1998.  The coupled PRZM/EXAMS model and user’s manuals may be downloaded from the U.S. Environmental Protection Agency (EPA) Water Models web-page (USEPA, 2010).  Percent Crop Areas (PCA) that account for the maximum area within a watershed that may be planted with the modeled crop are applied to concentrations predicted by PRZM/EXAMS.

Screening Concentration in Ground Water (SCI-GROW v2.3, Jul. 29, 2003) is a regression model used as a screening tool to estimate pesticide concentrations found in ground water used as drinking water.  The SCI-GROW model was developed by fitting a linear model to ground water concentrations with the Relative Index of Leaching Potential (RILP) as the independent variable.  Ground water concentrations were taken from 90-day average high concentrations from Prospective Ground Water studies.  The RILP is a function of aerobic soil metabolism and the soil-water partition coefficient.  The output of SCI-GROW represents the concentrations of residues that might be expected in shallow unconfined aquifers under sandy soils, which is representative of the ground water most vulnerable to pesticide contamination and likely to serve as a drinking water source.  The SCI-GROW user’s manual is currently under development; however, information concerning the model can be found on the EPA Water Models web-page (USEPA, 2010).

Input Parameters

Input parameters for the PRZM/EXAMS and SCI-GROW models are listed in Table 2 and Table 3.  Explanations of various model input parameters are discussed below.

Table 2.  PRZM/EXAMS Input Parameters for Thiamethoxam.

Input Parameter:	Value:	Comment:	Source:

Scenario(s):	Peanuts: NC Peanuts

Alfalfa: CA, MN, NC, PA, TX, IL Alfalfa

Leafy Vegetables:  CA Lettuce

Dry Bulb Onions: CA, GA Onions

Corn:  KS, MS, NE, OH Corn	representative scenarios for each use	N/A

Maximum Single

Application Rate

lbs a.i./A (kg a.i./ha)	Peanuts:  0.080  (0.090)

Alfalfa:  0.022  (0.025)

Leafy Vegetables:  0.266 (0.299)

Dry Bulb Onions: 0.300  (0.337)

Corn:  0.210  (0.236)	proposed rates	proposed  label

Applications per Year	Seed Treatments:

Peanuts:  1

Alfalfa:  1

Leafy Vegetables:  1

Dry Bulb Onions: 1

Corn:  1	label directions.  Label specifies rates per season.  If crops are rotated with those on which thiamethoxam is used, yearly rates may be higher. 	proposed label

Application Interval (days)	N/A (single application only) 	intervals were selected to reflect labeled application patterns.	proposed label

Date of Initial Application

(scenario/day/month)	Peanuts:

NC Peanuts:  09-05

Alfalfa:

CA Alfalfa:  09-01

MN Alfalfa:  25-05

NC Alfalfa:  25-03

PA Alfalfa:  09-03

TX Alfalfa:  25-08

IL Alfalfa:  25-05

Leafy Vegetables:

CA Lettuce:  09-02

Dry Bulb Onions:

CA Onions:  09-01

GA Onions:  08-09

Corn:

KS Corn:  03-05

MS Corn:  03-04

NE Corn:  18-05

OH Corn:  24-04	7 days before crop emergence was selected for seed treatment scenarios.

	Crop Scenarios

Application Method	ground (seed treatment)	label directions	proposed label

CAM Input	4	soil applied, user defined incorporation depth, uniform with depth	proposed label

Incorporation Depth (cm.)	2.54 	label directions  (> 1 in.)	proposed label

IPSCND Input	1	remaining pesticide on foliage is converted to surface application to the top soil layer 	US EPA, 2005

Spray Drift Fraction	0	incorporated seed treatment	Input parameter guidance (USEPA, 2009)

Application Efficiency	1.00	seed treatment	Input parameter guidance

(USEPA, 2009)

Molecular Mass (g/mol)	291.7	product chemistry data	US EPA, 2007

Vapor Pressure at 25°C (torr)	4.95 x 10-11	product chemistry data	US EPA, 2007

Henry’s Law Constant

(atm-m3/mol)	4.65 x 10-15	calculated from volatility and solubility data registrant submitted data

Solubility in Water at 25oC (mg/L)	4100	product chemistry data	US EPA, 2007

Organic Carbon Partition Coefficient (KOC) (L/kgOC)	70.23	represents the average KOC	MRID 44703502

Aerobic Soil Metabolism Half-life (days)	480.92	represents the 90th %-ile confidence bound on the mean half-life	MRID 44703418

MRID 44703419

MRID 44703501

Aerobic Aquatic Metabolism Half-life (days)	19.92	represents the 90th %-ile confidence bound on the mean half-life	MRID 44715032

Anaerobic Aquatic Metabolism Half-life (days)	43.98	represents the 90th %-ile confidence bound on the mean half-life	MRID 44715029

MRID 44715030

MRID 44715031

Hydrolysis Half-lives (days)	Stable	pH 7	MRID 44703417

Aqueous Photolysis

Half-life (days)	4.46	represents the 90th %-ile confidence bound on the mean half-life	MRID 44715032

 N/A = Not Applicable

Table 3.  SCI-GROW Input Parameters for Thiamethoxam.

Input Parameter	Value	Comment	Source

Maximum Application Rate per growing season (lbs a.i./A)	0.300 (dry bulb onion)

0.080 (peanuts)

0.022 (alfalfa)	maximum application rate	proposed label

Applications per Year	1	label directions	proposed label

Organic Carbon Partition Coefficient (KOC) (L/kgOC)	48	represents the median KOC value	MRID 44703502

Aerobic Soil Metabolism

Half-life (days)	302	represents the mean half-life value	MRID 44703418

MRID 44703419

MRID 44703501

Application methods and rates were obtained from the proposed labels for peanut and alfalfa seeds and from existing labels for leafy vegetables, dry bulb onions and corn.  Considering the seed treatment, the date of initial application of thiamethoxam was 7 days before the crop emergence date from the respective crop scenarios.  In addition, among the 10 possible scenarios available for corn, the Kansas, Mississippi, Nebraska, and Ohio corn scenarios were selected to be representative of upper bound estimations in this assessment.

Standard percent cropped areas (PCA) were used for all uses as estimates of the extent of watershed on which crops is grown (Effland et al., 1999).  The default agricultural PCA of 0.87 was used for the proposed uses because they are not confined to specific regions of the U.S.  Actual fractions of cropped areas could be less in some areas of the country. The model input and output data for these estimates are attached in Appendix A and B.

REFERENCES

Effland, W. R., N. C. Thurman, I. Kennedy.  1999.  Proposed Methods for Determining Watershed-derived Percent Crop Areas and Considerations for Applying Crop Area Adjustments to Surface Water Screening Models.  Presentation to the FIFRA Science Advisory Panel, May 27, 1999.  Online at:   HYPERLINK "http://www.epa.gov/scipoly/sap/1999/index.htm"  http://www.epa.gov/scipoly/sap/1999/index.htm

Jones, R. D., S. Abel, W. R. Effland, R. Matzner, R. Parker.  1998.  An Index Reservoir for Use in Assessing Drinking Water Exposure.  Proposed Methods for Basin-scale Estimation of Pesticide Concentrations in Flowing Water and Reservoirs for Tolerance Reassessment.  Presentation to FIFRA Science Advisory Panel, June 29-30, 1998.  Online at:   HYPERLINK "http://www.epa.gov/scipoly/sap/1998/index.htm"  http://www.epa.gov/scipoly/sap/1998/index.htm

USEPA.  2005.  PRZM-3, A Model for Predicting Pesticide and Nitrogen Fate in the Crop Root and Unsaturated Soil Zones:  Users Manual for Release 3.0.  May 2005.

USEPA.  2006.  Termination of Sampling Request for the Michigan and Georgia Small-Scale Prospective Groundwater Monitoring Studies for Thiamethoxam.  D325449.  June 12, 2006.

USEPA.  2007.  Revised Tier II Drinking Water Assessment for Thiamethoxam. U.S. Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances.  DP DP329467. January 10, 2007.

USEPA.  2009.  Guidance for Selecting Input Parameters in Modeling the Environmental Fate and Transport of Pesticides, Version 2.1.  U.S. Environmental Protection Agency, Office of Prevention, Pesticides and Toxic Substances, Office of Pesticide Programs, Environmental Fate and Effects Division, October 22, 2009.

USEPA.  2010.  Water Models.  U.S. Environmental Protection Agency, Pesticides: Science and Policy.  Online at:   HYPERLINK "http://www.epa.gov/oppefed1/models/water/"  http://www.epa.gov/oppefed1/models/water/

Appendix A. PRZM/EXAMS Output Files

Appendix B. SCI-GROW Output Files:

Dry Bulb Onion:

SCIGROW

VERSION 2.3

ENVIRONMENTAL FATE AND EFFECTS DIVISION

OFFICE OF PESTICIDE PROGRAMS

U.S. ENVIRONMENTAL PROTECTION AGENCY

SCREENING MODEL

FOR AQUATIC PESTICIDE EXPOSURE

 SciGrow version 2.3

 chemical:Thiamethoxam on Dry Bulb Onion

 time is  4/16/2010  14: 7:45

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

  Application      Number of       Total Use    Koc      Soil Aerobic

  rate (lb/acre)  applications   (lb/acre/yr)  (ml/g)   metabolism (days)

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

      0.300           1.0           0.300      4.80E+01      302.0

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

 groundwater screening cond (ppb) =   4.66E+00

 *********************************************************************** *

Peanuts:

SCIGROW

VERSION 2.3

ENVIRONMENTAL FATE AND EFFECTS DIVISION

OFFICE OF PESTICIDE PROGRAMS

U.S. ENVIRONMENTAL PROTECTION AGENCY

SCREENING MODEL

FOR AQUATIC PESTICIDE EXPOSURE

 SciGrow version 2.3

 chemical:Thiamethoxam

 time is  5/11/2010  16:39:56

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

  Application      Number of       Total Use    Koc      Soil Aerobic

  rate (lb/acre)  applications   (lb/acre/yr)  (ml/g)   metabolism (days)

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

      0.080           1.0           0.080      4.80E+01      302.0

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

 groundwater screening cond (ppb) =   1.24E+00

 *********************************************************************** *

Alfalfa:

SCIGROW

VERSION 2.3

ENVIRONMENTAL FATE AND EFFECTS DIVISION

OFFICE OF PESTICIDE PROGRAMS

U.S. ENVIRONMENTAL PROTECTION AGENCY

SCREENING MODEL

FOR AQUATIC PESTICIDE EXPOSURE

SciGrow version 2.3

chemical:Thiamethoxam

time is  5/11/2010  16:41:54

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

Application      Number of       Total Use    Koc      Soil Aerobic

rate (lb/acre)  applications   (lb/acre/yr)  (ml/g)   metabolism (days)

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

0.022           1.0           0.022      4.80E+01      302.0

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

groundwater screening cond (ppb) =   3.42E-01

************************************************************************

 PAGE

Page   PAGE  1  of   NUMPAGES  25


[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Rules and Regulations]
[Pages 27202-27205]
[FR Doc No: 2019-12294]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2018-0371; FRL-9995-06-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
District of Columbia; Administrative Corrections and Emissions
Statements Certification for the 2008 Ozone National Ambient Air
Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving two
state implementation plan (SIP) revisions submitted by the District of
Columbia (the District). Under the Clean Air Act (CAA), states' SIPs
must require stationary sources in ozone nonattainment areas to report
annual emissions of nitrogen oxides (NOX) and volatile
organic compounds (VOC). The District formally submitted, as a SIP
revision, a statement certifying that the District's existing SIP-
approved emissions statements program satisfies these CAA requirements
for the 2008 ozone National Ambient Air Quality Standards (NAAQS). Upon
review of the District's submittal, EPA noted minor discrepancies
between the District's SIP-approved provisions, including the provision
containing the District's emissions statements requirements, and the
current edition of the District of Columbia Municipal Regulations
(DCMR) referenced in the District's submittal. Therefore, to correct
these minor discrepancies and update the District's SIP, the District
also formally submitted a revised edition of the sections of the DCMR
which addresses the discrepancies. EPA is proposing to approve the
District's SIP with the current edition of these SIP-approved
provisions. EPA is also proposing to approve the District's emissions
statements program certification for the 2008 ozone NAAQS. EPA is
proposing to approve these SIP revisions in accordance with the
requirements of the CAA.

DATES: This final rule is effective on July 12, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2018-0371. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Sara Calcinore, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2043. Ms. Calcinore can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Under the CAA, EPA establishes NAAQS for criteria pollutants in
order to protect human health and the environment. In response to
scientific evidence linking ozone exposure to adverse health effects,
EPA promulgated the first ozone NAAQS, the 0.12 parts per million (ppm)
1-hour ozone NAAQS, in 1979. See 44 FR 8202 (February 8, 1979). The CAA
requires EPA to review and reevaluate the NAAQS every five years in
order to consider updated information regarding the effects of the
criteria pollutants on human health and the environment. On July 18,
1997, EPA promulgated a revised ozone NAAQS, referred to as the 1997
ozone NAAQS, of 0.08 ppm averaged over eight hours. See 62 FR 38855.
This 8-hour ozone NAAQS was determined to be more protective of public
health than the previous 1979 1-hour ozone NAAQS. In 2008, EPA
strengthened the 8-hour ozone NAAQS from 0.08 to 0.075 ppm. The 0.075
ppm standard is referred to as the 2008 ozone NAAQS. See 73 FR 16436
(March 27, 2008).
    On May 21, 2012 and June 11, 2012, EPA designated nonattainment
areas for the 2008 ozone NAAQS. 77 FR 30088 and 77 FR 34221. Effective
July 20, 2012, the Washington, DC-MD-VA area was designated as marginal
nonattainment for the 2008 ozone NAAQS. The Washington, DC-MD-VA
marginal nonattainment area includes the District of Columbia. 40 CFR
81.309.
    Section 182 of the CAA identifies additional plan submissions and
requirements for ozone nonattainment areas. Specifically, section
182(a)(3)(B) of the CAA requires that states develop and submit, as a
revision to their SIP,

rules which establish annual reporting requirements for certain
stationary sources emitting VOCs or NOX. Sources that are
within ozone nonattainment areas must annually report the actual
emissions of NOX and VOC to the state. However, states may
waive this reporting requirement for classes and categories of
stationary sources that emit under 25 tons per year (tpy) of
NOX and/or VOC if the state provides an inventory of
emissions from these classes or categories of sources as required by
CAA sections 172 and 182. See CAA section 182(a)(3)(B)(ii).
    On March 6, 2015, EPA issued a final rule addressing a range of
nonattainment area SIP requirements for the 2008 ozone NAAQS, including
the emissions statements requirements of CAA section 182(a)(3)(B) (2015
final rule). 80 FR 12264. Per the preamble to EPA's 2015 final rule,
the source emissions statement requirement applies to all areas
designated nonattainment for the 2008 ozone NAAQS. See 80 FR 12264,
12291. The preamble to EPA's 2015 final rule also states that most
areas that are required to have an emissions statement program for the
2008 ozone NAAQS already have one in place due to a nonattainment
designation for an earlier ozone NAAQS. Id. The preamble to EPA's 2015
final rule states that, ``If an area has a previously approved
emissions statement rule in force for the 1997 ozone NAAQS or the 1-
hour ozone NAAQS that covers all portions of the nonattainment area for
the 2008 ozone NAAQS, such rule should be sufficient for purposes of
the emissions statement requirement for the 2008 ozone NAAQS.'' Id. In
cases where an existing emissions statement rule is still adequate to
meet the emissions statement requirement under the 2008 ozone NAAQS,
states may provide the rationale for that determination to EPA in a
written statement for approval in the SIP to meet the requirements of
CAA section 182(a)(3)(B). Id. In this statement, states should identify
how the emissions statement requirements of CAA section 182(a)(3)(B)
are met by their existing emissions statement rule. Id.
    In summary, the District is required to submit, as a formal
revision to its SIP, a statement certifying that the District's
existing emissions statement program satisfies the requirements of CAA
section 182(a)(3)(B) and covers the entirety of the District since it
is included as part of the Washington, DC-MD-VA marginal nonattainment
area for the 2008 ozone NAAQS.

II. Summary of SIP Revision and EPA Analysis

    On May 25, 2018, the District, through the District of Columbia
Department of Energy and the Environment (DOEE), submitted, as a formal
revision to its SIP, a statement certifying that the District's
existing emissions statements program covers the District's portion of
the Washington, DC-MD-VA nonattainment area for the 2008 ozone NAAQS
and is at least as stringent as the requirements of CAA section
182(a)(3)(B). Upon review of the District's emissions statements
certification, EPA noted minor, stylistic and numbering discrepancies
between the District's SIP-approved emissions statements provisions and
the emissions statements provisions in the current publication of 20
DCMR Sec.  500 that are cited in the District's emissions statements
certification.
    EPA first approved the District's emissions statements requirements
found at 20 DCMR 500.7 into the District's SIP on May 26, 1995 (60 FR
27944).\1\ 40 CFR 52.470. However, in their emissions statements
certification for the 2008 ozone NAAQS, the District cites 20 DCMR
500.9 as containing their emissions statements requirements. According
to DOEE, pursuant to the District of Columbia Documents Act of 1978 (DC
Official Code section 2-611 et seq.) and Title III of the District of
Columbia Administrative Procedures Act (APA) (DC Official Code section
2-551 et seq.), the Council granted the Administrator of the Office of
Documents and Administrative Issuances (ODAI) editorial control of the
DCMR to make minor changes in order to conform to their style guide
without going through any official legal rulemaking process. Under this
authority, it appears that the Administrator of ODAI made numbering and
minor stylistic changes to several provisions under 20 DCMR 500, which
resulted in the renumbering of the District's emissions statements
provisions from 20 DCMR 500.7 to 20 DCMR 500.9.
---------------------------------------------------------------------------

    \1\ 20 DCMR 500.4-500.5 and 500.6 were also approved into the
District's SIP on January 26, 1995 (60 FR 5134) and October 27, 1999
(64 FR 57777), respectively. These provisions concern reporting
requirements related to the transfer of gasoline products.
---------------------------------------------------------------------------

    Therefore, on December 12, 2018, the District, through DOEE,
submitted a SIP revision requesting that the District's SIP be updated
to reflect these minor administrative changes, including the
renumbering of the District's SIP-approved emissions statements
provision from 20 DCMR 500.7 to 20 DCMR Sec.  500.9. This SIP revision
requests that EPA update the District's SIP to reflect the current
citations to 20 DCMR 500.4-500.9, rather than the now outdated
citations to 20 DCMR 500.4-500.5, 500.6, and 500.7. The SIP revision
also requests several minor stylistic changes to these SIP-approved
provisions, including, but not limited to, the use of ``Sec. '' as
opposed to ``section'' and the addition of semicolons.
    On March 5, 2019 (84 FR 7858), EPA published a notice of proposed
rulemaking (NPRM) for the District. In the NPRM, EPA found the
District's December 12, 2018 administrative changes approvable under
CAA section 110(a) and the District's May 25, 2018 emissions statements
certification for the 2008 ozone NAAQS approvable under CAA section
182(a)(3)(B). EPA proposed to approve both as revisions to the District
SIP. EPA received a public comment on the March 5, 2019 NPRM. The
submitted comment was not specific to this action and thus is not
addressed here.
    In this rulemaking action, EPA is approving the District's December
12, 2018 request to revise their SIP to reflect the current edition of
the DCMR for the SIP-approved provisions under 20 DCMR 500.4-500.9. EPA
is also approving the District's May 25, 2018 emissions statements
certification for the 2008 ozone NAAQS and is finding that the District
satisfies the emissions statements requirements of CAA section
182(a)(3)(B) for the 2008 ozone NAAQS. The rationale for EPA's proposed
approval of the District's SIP revision requesting administrative
changes to the SIP-approved provisions under 20 DCMR 500.4-500.9 and
the District's emissions statements certification for the 2008 ozone
NAAQS is included in the NPRM and will not be restated here.

III. Final Action

    EPA is approving, as a revision to the District's SIP, the
District's December 12, 2018 request to revise their SIP to reflect the
current provisions under 20 DCMR 500.4-500.9. EPA is also approving, as
a revision to the District's SIP, the District's May 25, 2018 emissions
statements certification for the 2008 ozone NAAQS as approvable under
CAA section 182(a)(3)(B).

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the
provisions under 20 DCMR 500.4-500.9. EPA has made, and

will continue to make, these materials generally available through
www.regulations.gov and at the EPA Region III Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully Federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\2\
---------------------------------------------------------------------------

    \2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

A. General Requirements

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

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 12, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action revising the District's SIP to reflect the current
provisions under 20 DCMR Sec. Sec.  500.4-500.9 and approving the
District's May 25, 2018 emissions statements certification for the 2008
ozone NAAQS as satisfying the requirements of CAA section 182(a)(3)(B)
for the 2008 ozone NAAQS may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: May 30, 2019.
Cosmo Servidio,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart J--District of Columbia

0
2. Amend Sec.  52.470:
0
a. In the table in paragraph (c) by:
0
i. Revising entries for ``Sections 500.4, 500.5'', ``Section 500.6'',
and ``Section 500.7''; and
0
ii. Adding entries in numerical order for ``Section 500.8'' and
``Section 500.9''; and
0
b. In the table in paragraph (e) by adding the entry ``Emissions
Statements Rule Certification for the 2008 Ozone NAAQS'' at the end of
the table.
    The revisions and additions read as follows:

Sec.  52.470   Identification of plan.

* * * * *
    (c) * * *

                      EPA-Approved Regulations and Statutes in the District of Columbia SIP
----------------------------------------------------------------------------------------------------------------
                                                             State                                Additional
          State citation              Title/subject     effective date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------
                    District of Columbia Municipal Regulations (DCMR), Title 20--Environment
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Chapter 5 Source Monitoring and Testing
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sections 500.4, 500.5............  Records and Reports        09/30/93  [6/12/2019, Insert   Approved into the
                                                                         Federal Register     SIP on January 26,
                                                                         citation].           1995.
                                                                                Administrative
                                                                                updates.
Section 500.6....................  Records and Reports        09/30/93  [6/12/2019, Insert   Approved into the
                                                                         Federal Register     SIP on January 26,
                                                                         citation].           1995.
                                                                                Administrative
                                                                                updates.
Section 500.7....................  Records and Reports        09/30/93  [6/12/2019, Insert   Approved into the
                                                                         Federal Register     SIP on January 26,
                                                                         citation].           1995.
                                                                                Administrative
                                                                                updates.
Section 500.8....................  Records and Reports        09/03/93  [6/12/2019, Insert   Approved into the
                                                                         Federal Register     SIP on October 27,
                                                                         citation].           1999.
                                                                                Administrative
                                                                                updates.
Section 500.9....................  Records and                 9/30/93  [6/12/2019, Insert   Approved into the
                                    Reports--Emissions                   Federal Register     SIP on May 26,
                                    Statements.                          citation].           1995.
                                                                                Administrative
                                                                                updates.

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

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Emissions Statements Rule          District of                05/25/18  [6/12/2019, Insert   Certification that
 Certification for the 2008 Ozone   Columbia portion                     Federal Register     the District's SIP-
 NAAQS.                             of the Washington,                   citation].           approved
                                    DC-MD-VA                                                  regulations at 20
                                    nonattainment area                                        DCMR Sec.   500.9
                                    for the 2008 ozone                                        meet the emissions
                                    NAAQS (i.e., the                                          statements
                                    District of                                               requirements of
                                    Columbia).                                                CAA section
                                                                                182(a)(3)(B) for
                                                                                the 2008 ozone
                                                                                NAAQS.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-12294 Filed 6-11-19; 8:45 am]
 BILLING CODE 6560-50-P