WINTER SUMMER Total WINTER SUMMER Total WINTER SUMMER Total Total Total Total Total MECS O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 ECAO O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 ERCT O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 MACE O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 MACW O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 MACS O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 WUMS O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 MANO O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 MAPP O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 UPNY O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 DSNY O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 NYC O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 LILC O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 NENG O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 FRCC O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 VACA O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 TVA O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 SOU O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 ENTG O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 SPPN O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 SPPS O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 CALI O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 PNW O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 AZNM O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 RMPA O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 NWPE O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000

NOx SO2 MER CO2 Carbon Year: 2020, Plant Type: Coal Early Retirement 73 ( Emissions By R egion) Generation Trillion Emission Emission Emission Emission Emission  ( GWh) ( Btu) ( 1000 Tons) ( 1000 Tons) ( Tons) ( Mil Tonnes) ( Mil Tonnes)

WINTER SUMMER Total WINTER SUMMER Total WINTER SUMMER Total Total Total Total Total MECS Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 ECAO Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 ERCT Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 MACE Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 MACW Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 MACS Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 WUMS Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 MANO Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 MAPP Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 UPNY Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 DSNY Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 NYC Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 LILC Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 NENG Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 FRCC Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 VACA Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 TVA Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 SOU Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 ENTG Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 SPPN Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 SPPS Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 CALI Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 PNW Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 AZNM Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 RMPA Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 NWPE Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000

NOx SO2 MER CO2 Carbon Year: 2020, Plant Type: Nuke Early Retirement 74 ( Emissions By R egion) Generation Trillion Emission Emission Emission Emission Emission  ( GWh) ( Btu) ( 1000 Tons) ( 1000 Tons) ( Tons) ( Mil Tonnes) ( Mil Tonnes)

WINTER SUMMER Total WINTER SUMMER Total WINTER SUMMER Total Total Total Total Total MECS Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 ECAO Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 ERCT Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 MACE Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 MACW Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 MACS Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 WUMS Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 MANO Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 MAPP Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 UPNY Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 DSNY Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 NYC Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 LILC Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 NENG Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 FRCC Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 VACA Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 TVA Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 SOU Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 ENTG Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 SPPN Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 SPPS Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 CALI Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 PNW Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 AZNM Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 RMPA Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 NWPE Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000

NOx SO2 MER CO2 Carbon Year: 2020, System Totals ( By Region) Generation Trillion Emission Emission Emission Emission Emission  ( GWh) ( Btu) ( 1000 Tons) ( 1000 Tons) ( Tons) ( Mil Tonnes)( Mil Tonnes)

WINTER SUMMER Total WINTER SUMMER Total WINTER SUMMER Total Total Total Total Total Region MECS 71095. 51295. 122389. 645.55 474.98 1120.54 84.643 40.608 1 25.251 372.762 1.540 85.432 23.300 Region ECAO 345094. 262167. 607261. 3319.16 2519.90 5839.06 704.850 185.701 8 90.551 2502.699 9.369 495.542 135.148 Region ERCT 167445. 185823. 353269. 1470.62 1641.38 3112.00 69.222 87.048 1 56.270 324.873 2.992 189.674 51.729 Region MACE 80364. 59541. 139904. 756.43 565.72 1322.16 44.142 17.360 61.502 117.764 1.827 40.958 11.170 Region MACW 71766. 52188. 123954. 672.42 490.38 1162.80 101.843 25.853 1 27.695 632.265 4.105 79.769 21.755 Region MACS 30427. 23445. 53872. 297.82 229.08 526.90 49.950 10.814 60.764 216.064 1.033 32.388 8.833 Region WUMS 42009. 31324. 73334. 413.69 311.84 725.53 57.235 44.156 1 01.390 182.820 1.225 54.706 14.920 Region MANO 155118. 116716. 271834. 1569.33 1180.06 2749.38 187.884 75.648 2 63.532 744.192 3.245 150.291 40.988 Region MAPP 108688. 85546. 194234. 1073.89 849.97 1923.86 215.294 169.862 3 85.157 590.555 3.940 152.931 41.708 Region UPNY 50651. 36723. 87374. 333.88 256.26 590.13 31.191 17.028 48.218 185.351 1.489 27.204 7.419 Region DSNY 22499. 18094. 40593. 172.75 143.20 315.95 7.311 5.538 12.849 28.477 0.353 15.319 4.178 Region NYC 5559. 7106. 12665. 41.40 59.81 101.21 1.016 2.623 3.639 0.000 0.000 5.371 1.465 Region LILC 13242. 9552. 22794. 97.81 72.37 170.18 1.280 1.098 2.378 0.000 0.355 8.401 2.291 Region NENG 90057. 63911. 153968. 695.38 501.57 1196.95 16.034 11.706 27.741 33.599 1.966 48.671 13.274 Region FRCC 137240. 114777. 252017. 1189.15 1000.25 2189.40 88.738 73.365 1 62.103 230.608 1.969 125.122 34.124 Region VACA 209487. 163780. 373267. 1931.61 1524.41 3456.02 119.508 59.464 1 78.972 474.324 2.549 184.954 50.442 Region TVA 118955. 93248. 212203. 1046.94 847.41 1894.35 158.355 44.502 2 02.858 412.105 1.501 112.974 30.811 Region SOU 217715. 177234. 394949. 1891.70 1561.11 3452.81 221.426 63.742 2 85.168 955.500 3.083 225.719 61.560 Region ENTG 98777. 80682. 179459. 912.42 738.44 1650.86 69.527 43.084 1 12.612 206.473 1.733 87.578 23.885 Region SPPN 47035. 37922. 84957. 473.03 384.60 857.62 85.889 61.127 1 47.016 137.093 1.655 70.054 19.106 Region SPPS 80380. 76544. 156924. 683.65 659.95 1343.60 85.603 78.037 1 63.639 290.470 2.124 105.759 28.843 Region CALI 191274. 142871. 334144. 1543.05 1122.41 2665.46 15.201 10.230 25.432 18.728 1.093 92.007 25.093 Region PNW 123888. 94735. 218624. 433.86 346.78 780.64 21.927 18.569 40.496 21.413 0.440 42.147 11.495 Region AZNM 123962. 96810. 220772. 1088.38 849.04 1937.42 98.434 78.285 1 76.719 97.680 1.258 112.044 30.557 Region RMPA 36353. 28363. 64716. 317.81 242.76 560.57 56.859 44.814 1 01.674 78.183 0.460 49.735 13.564 Region NWPE 57087. 45824. 102910. 576.27 457.48 1033.74 113.018 89.486 2 02.504 106.968 1.137 90.800 24.764 System Total 2696166. 2156220. 4852385. 23647.98 19031.15 42679.13 2706.381 1359.748 40 66.129 8960.967 52.441 2685.550 732.423    (**) Industrial Boiler generation not included in generation totals

NOx SO2 MER CO2 Carbon Year: 2020, System Totals ( Emissions By Plant Type) Generation Trillion Emission Emission Emission Emission Emission  ( GWh) ( Btu) ( 1000 Tons) ( 1000 Tons) ( Tons) ( Mil Tonnes)( Mil Tonnes)

WINTER SUMMER Total WINTER SUMMER Total WINTER SUMMER Total Total Total Total Total Total Scrubbed Coal_ NOx 1 113162. 89772. 202934. 1103.21 874.92 1978.13 243.636 30.789 2 74.425 233.819 2.558 184.350 50.277 Total Scrubbed Coal 2 226937. 179384. 406321. 2349.16 1856.56 4205.72 489.620 386.527 8 76.147 643.109 7.102 398.732 108.745 Total Unscrubbed Coal_ NOx 3 173637. 135103. 308740. 1657.70 1288.41 2946.10 390.258 63.359 4 53.617 1934.627 6.653 275.664 75.181 Total Unscrubbed Coal 4 394353. 297555. 691908. 4027.66 3032.57 7060.23 798.134 598.211 13 96.344 3754.502 16.514 668.740 182.384 Total Oil/ Gas Steam 5 443. 23708. 24152. 4.25 235.26 239.51 0.423 28.856 29.278 0.000 0.000 12.711 3.467 Total Oil/ Gas Steam_ Nox 6 0. 1218. 1218. 0.00 12.11 12.11 0.000 0.852 0.852 0.000 0.000 0.642 0.175 Total Nuclear 7 447949. 339035. 786984. 4720.33 3573.37 8293.69 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Hydro 8 154390. 114990. 269380. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Comb. Cycle Gas 9 609750. 478945. 1088695. 4507.36 3553.59 8060.95 57.137 46.228 1 03.365 0.000 0.001 427.798 116.672 Total IGCC 10 2652. 2050. 4702. 19.30 14.91 34.21 0.902 0.697 1.598 0.000 0.006 3.185 0.869 Total Turbine 11 28797. 73913. 102710. 261.42 699.18 960.60 12.528 33.250 45.778 0.000 0.000 50.980 13.904 Total Biomass 12 5768. 4070. 9838. 51.27 36.19 87.46 0.513 0.362 0.875 3.498 0.025 0.000 0.000 Total Geothermal 13 13772. 10799. 24571. 369.68 289.40 659.08 0.000 0.000 0.000 0.000 1.027 0.000 0.000 Total Landfill Gas 14 4415. 3278. 7694. 51.28 38.22 89.50 6.308 4.701 11.009 0.000 0.000 0.000 0.000 Total Wind 15 11786. 6486. 18272. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Fuel Cell 16 37. 28. 65. 0.28 0.21 0.49 0.056 0.042 0.098 0.000 0.000 0.026 0.007 Total Solar 17 580. 312. 892. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Non Fossil_ Other 18 10028. 7909. 17936. 110.04 86.79 196.83 0.000 0.000 0.000 0.000 5.684 0.000 0.000 Total Fossil_ Other 19 559. 426. 985. 6.15 4.69 10.84 1.425 1.087 2.512 0.012 0.018 0.000 0.000 Total Pump Storage 20 4398. 5228. 9626. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Int. Imports 21 13160. 9497. 22657. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Cgn_ Coal 22 16161. 12812. 28973. 147.05 116.48 263.53 28.649 22.404 51.054 122.249 0.579 24.619 6.714 Total Cgn_ Gas 23 90470. 62458. 152928. 716.58 488.81 1205.39 22.634 14.914 37.549 0.000 0.000 63.971 17.447 Total Cgn_ Oil 24 1741. 1153. 2894. 13.16 8.75 21.92 0.099 0.100 0.199 0.000 0.000 1.163 0.317 Total Cgn_ Other 25 3984. 2965. 6949. 27.48 20.22 47.70 1.136 0.891 2.027 1.004 0.427 0.000 0.000 Total NonCG IPP_ Coal 26 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total NonCG IPP_ Gas 27 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total NonCG IPP_ Other 28 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Blr_ Coal 29 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Blr_ Gas 30 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Blr_ Oil 31 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Blr_ Other 32 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total SteamOnly Cogen 33 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Rep. Coal CC 34 195. 150. 345. 1.41 1.08 2.49 0.014 0.011 0.025 0.000 0.000 0.132 0.036 Total Rep. O/ G CC 35 36717. 27783. 64499. 265.09 200.59 465.69 2.651 2.006 4.657 0.000 0.000 24.714 6.740 Total Rep. Coal IGCC 36 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. Scrubber 37 31203. 24782. 55986. 316.48 251.35 567.83 56.676 45.013 1 01.689 61.079 1.585 53.909 14.703 Total Ret. ExistSCR & Scrub 38 29705. 23592. 53297. 285.89 227.06 512.96 27.616 5.803 33.419 47.361 0.562 47.768 13.028 Total Ret. ExistSNCR & Scrub 39 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. SCR 40 159195. 127994. 287189. 1533.78 1233.50 2767.28 400.402 35.418 4 35.820 1741.128 6.616 259.760 70.844 Total Ret. ExistScrub & SCR 41 67470. 53890. 121360. 678.09 541.65 1219.74 114.624 14.201 1 28.825 276.109 2.223 115.332 31.454 Total Ret. SNCR 42 10432. 7636. 18067. 110.46 80.42 190.88 26.655 12.835 39.490 104.299 0.384 17.972 4.901 Total Ret. ExistScrub & SNCR 43 2673. 2029. 4701. 28.83 21.92 50.76 8.264 4.221 12.485 8.303 0.109 4.727 1.289 Total Ret. SCR+ Scrb 44 29646. 23545. 53191. 284.59 226.03 510.62 16.021 5.843 21.864 29.868 0.368 47.758 13.025 Total Ret. SNCR+ Scrub 45 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. Gas Reburn 46 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistScrub+ GasR 47 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. GasReburn+ Scrub 48 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ACI 49 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistScrub& ACI 50 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistSCR& ACI 51 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistSNCR& ACI 52 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ACI & SCR 53 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistScrub& ACI& SCR 54 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ACI & SNCR 55 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistScrub& ACI& SNCR 56 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ACI & Srub 57 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistSCR& ACI& Scrub 58 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistSNCR& ACI& Scrub 59 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistSNCR& ExistScrub& ACI 60 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistSCR& ExistScrub& ACI 61 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. ExistNOx& ExistScrub& ACI 62 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. SCR & Scrub & ACI 63 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. SNCR & Scrub & ACI 64 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. O/ G SCR 65 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. O/ G SNCR 66 0. 1723. 1723. 0.00 16.89 16.89 0.000 1.128 1.128 0.000 0.000 0.896 0.244 Total Ret. Nuclear ( age 30+ 10 yrs) 67 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. Nuclear ( age 40+ 20 yrs) 68 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Ret. Biomass Cofiring 69 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total CT Early Retirement 70 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total CC Early Retirement 71 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total O/ G Early Retirement 72 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Coal Early Retirement 73 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 Total Nuke Early Retirement 74 0. 0. 0. 0.00 0.00 0.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 System Total 2696166. 2156220. 4852385. 23647.98 19031.15 42679.13 2706.381 1359.748 40 66.129 8960.967 52.441 2685.550 732.423 System Total Without Imports 2683006. 2146723. 4829729. 23647.98 19031.15 42679.13 2706.381 1359.748 40 66.129 8960.967 52.441 2685.550 732.423    (**) Industrial Boiler generation in BBtu, not included in generation totals


[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Page 53101]
[FR Doc No: 2021-20689]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4514-DR; Docket ID FEMA-2021-0001]

Tennessee; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Tennessee (FEMA-4514-DR), dated April 2, 2020, and
related determinations.

DATES: This amendment was issued August 5, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
dated April 2, 2020 for the State of Tennessee is hereby amended to
include the Hazard Mitigation Grant Program.

    All areas within the State of Tennessee are eligible for
assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-20689 Filed 9-23-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: May 21, 2010 (Volume 75, Number 98)]
[Notices]
[Page 28596]
[DOCID:fr21my10-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12704-004]

Tidewalker Associates; Notice of Preliminary Permit Application
Accepted For Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

May 17, 2010.
    On April 12, 2010, Tidewalker Associates filed a successive
preliminary permit application, pursuant to section 4(f) of the Federal
Power Act (FPA), proposing to study the feasibility of the Half-Moon
Cove Tidal Power Project, to be located in Cobscook and Passamaquoddy
Bay, Washington County, Maine.
    The proposed project would consist of: (1) A new 1,200-foot-long
rock-filled barrage with a crest elevation of approximately 27 feet
above mean sea level (msl); (2) a new 30-foot-wide, 15-foot-high
filling and emptying gated section; (3) the 850-acre Half-Moon Cove
with a surface elevation of 13.0 feet above msl; (4) a new powerhouse
with four turbine generating units with a total capacity of 9.0
megawatts; and (5) a new 34.5 kilovolt, 7.1-mile-long transmission
line. The project would produce an estimated average annual generation
of about 45,000 megawatt-hours.
    Applicant Contact: Normand Laberge, Tidewalker Associates, 46 Place
Cove Road, Trescott, Maine 04652,<PHONE_NUMBER>.
    FERC Contact: Tom Dean,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under ``eFiling'' link. If unable to be filed electronically, documents
may be paper-filed. To paper-file, an original and eight copies should
be mailed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426. For more
information on how to submit these types of filings please go to the
Commission's Web site located at http: //www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of the Commission's Web site at http:/
/www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
12704) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-12242 Filed 5-20-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Notices]
[Pages 74340-74341]
[FR Doc No: 2020-25653]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10016-78-OAR]
RIN 2060-AT31

Fuels Regulatory Streamlining Implementation; Notification of
Workshop

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of workshop.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing a
virtual workshop on the Fuels Regulatory Streamlining rule ahead of its
implementation date of January 1, 2021.

DATES: The virtual workshop will be held on December 9-10, 2020.
Additional information regarding the workshop appears below under
SUPPLEMENTARY INFORMATION.

ADDRESSES: All attendees must pre-register for the workshop by
notifying the contact person listed under FOR FURTHER INFORMATION
CONTACT by December 2, 2020. Additional information related to the
workshop will be posted on the EPA website at: https://www.epa.gov/diesel-fuel-standards/fuels-regulatory-streamlining. Interested parties
should check the website for any updated information.

FOR FURTHER INFORMATION CONTACT: Nick Parsons, Office of Transportation
and Air Quality, Assessment and Standards Division, Environmental
Protection Agency; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA is hosting a virtual workshop to discuss
the implementation of 40 CFR part 1090 (``Part 1090'') ahead of its
implementation date of January 1, 2021. The Fuels Regulatory
Streamlining final rule was signed on October 15, 2020. This rule
streamlines and modernizes EPA's fuel quality regulations previously
under 40 CFR part 80 (``Part 80'') to help reduce administrative burden
for stakeholders, while improving overall compliance assurance and
maintaining environmental performance.
    The virtual workshop will provide the opportunity for EPA to update
stakeholders on its progress regarding the implementation of Part 1090
and for stakeholders to inquire about the regulatory requirements of
Part 1090 prior to its implementation date of January 1, 2021. The
workshop will cover a broad range of topics related to the
implementation of the Part 1090 regulations and how the Part 1090
regulations relate to the previous Part 80 regulations.

    Dated: November 12, 2020.
Byron J. Bunker,
Director, Compliance Division, Office of Transportation and Air
Quality.
[FR Doc. 2020-25653 Filed 11-19-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 58 (Tuesday, March 26, 2019)]
[Notices]
[Pages 11390-11391]
[FR Doc No: 2019-05755]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

FAA Approval of Noise Compatibility Program; Westover
Metropolitan Airport, Chicopee, Massachusetts

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the Noise Compatibility Program submitted by the Westover
Municipal Development Corporation under the provisions of Title I of
the Aviation Safety and Noise Abatement Act of 1979. On March 7, 2019
the New England Region Airports Division Manager approved the Noise
Compatibility Program under Part 150. On November 7, 2018, the FAA had
determined the noise exposure maps submitted by the Westover Municipal
Development Corporation were in compliance with applicable requirements
of Part 150.

DATES: The effective date of the FAA's approval of the Westover
Metropolitan Airport noise compatibility program is March 7, 2019.

FOR FURTHER INFORMATION CONTACT: Richard Doucette, Federal Aviation
Administration, New England Region, Airports Division, ANE-600, 1200
District Avenue, Burlington MA 01803, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Authority: 49 U.S.C. 47501-47510; 14 CFR part 150
    This notice announces that the FAA has given its overall approval
to the Westover Metropolitan Airport noise compatibility program,
effective March 7, 2019.
    Under Section 104 (a) of the Aviation Safety and Noise Abatement
Act of 1979 (hereinafter the Act), an airport operator who has
previously submitted a noise exposure map may submit to the FAA a noise
compatibility program which sets forth the measures taken or proposed
by the airport operator for the reduction of existing non-compatible
land uses and prevention of additional non-compatible land uses within
the area covered by the noise exposure maps.
    The Act requires such programs to be developed in consultation with
interested and affected parties including local communities, government
agencies, airport users, and FAA personnel.
    Each airport noise compatibility program developed in accordance
with Federal Aviation Regulation (FAR), Part 150 is a local program,
not a federal program. The FAA does not substitute its judgment for
that of the airport proprietor with respect to which measures should be
recommended for action. The FAA's approval or disapproval of FAR Part
150 program recommendations is measured according to the standards
expressed in Part 150 and the Act, and is limited to the following
determinations:
    (a) The noise compatibility program was developed in accordance
with the provisions and procedures of FAR Part 150;
    (b) program measures are reasonably consistent with achieving the
goals of reducing existing non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses;
    (c) program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, violate the terms of airport grant agreements, or
intrude into areas preempted by the federal government; and
    (d) program measures relating to the use of flight procedures can
be implemented within the period covered by the program without
derogating safety, adversely affecting the efficient use and management
of the navigable airspace and air traffic control systems, or adversely
affecting other powers and responsibilities of the Administrator as
prescribed by law.
    Specific limitations with respect to FAA's approval of an airport
noise compatibility program are delineated in FAR Part 150, Section
150.5. Approval is not a determination concerning the acceptability of
land uses under Federal, state, or local law. Approval does not by
itself constitute a FAA implementing action. A request for Federal
action or approval to implement specific noise compatibility measures
may be required, and an FAA decision on the request may require an
environmental assessment of the proposed action.
    Approval does not constitute a commitment by the FAA to financially
assist in the implementation of the program nor a determination that
all measures covered by the program are

eligible for grant-in-aid funding from the FAA under the Airport and
Airway Improvement Act of 1982. Where Federal funding is sought,
requests for project grants must be submitted to the FAA Regional
Office in Burlington, Massachusetts.
    The Westover Municipal Development Corporation previously submitted
to the FAA noise exposure maps and associated documentation produced
during the noise compatibility planning study. The Westover
Metropolitan Airport noise exposure maps were determined by FAA to be
in compliance with applicable requirements on November 7, 2018. Notice
of this determination was published in the Federal Register December 6,
2018.
    The Westover Metropolitan Airport study contains a proposed noise
compatibility program comprised of actions designed for implementation
by airport. The Westover Municipal Development Corporation requested
that the FAA evaluate and approve this material as a noise
compatibility program as described in Section 104 (b) of the Act. The
FAA began its review of the program on November 2, 2018, and was
required by a provision of the Act to approve or disapprove the program
within 180 days (other than the use of new flight procedures for noise
control). Failure to approve or disapprove such a program within the
180-day period shall be deemed to be an approval of such a program.
    The submitted program contained a few changes to noise mitigation
measures in the Noise Compatibility Program. Two measures (relating to
subdivision regulations and a pilot awareness program) were not
recommended for approval and the FAA concurred. One measure (relating
to monitoring of nighttime operations) had been only partly approved
previously, is now approved. The FAA completed its review and
determined that the procedural and substantive requirements of the Act
and FAR Part 150 have been satisfied. The New England Region Airports
Division Manager therefore approved the overall program on March 7,
2019. The Record of Approval, as well as other evaluation materials and
the documents comprising the submittal, are available for review at the
FAA office listed above and at the administrative offices of Westover
Metropolitan Airport.

    Issued in Burlington, Massachusetts on March 7, 2019.
Gail Lattrell,
Acting Manager, Airports Division, FAA New England Region.
[FR Doc. 2019-05755 Filed 3-25-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: September 29, 2010 (Volume 75, Number 188)]
[Rules and Regulations]
[Page 59934-59935]
[DOCID:fr29se10-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0911; Airspace Docket No. 10-ASO-32]

Amendment to Class E Airspace; Smithfield, NC

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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

SUMMARY: This action amends Class E airspace at Johnston County
Airport, Smithfield, NC, by correcting an omission of the geographic
coordinates of the Area Navigation (RNAV) Global Positioning System
(GPS) Special Standard Instrument Approach Procedure (SIAP) serving the
Johnston Memorial Hospital to aid in the navigation of our National
Airspace System.

DATES: Effective 0901 UTC, January 13, 2011. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA received a request from the National Aeronautical
Navigation Services to correct the omission of the geographic
coordinates for the point in space serving Johnston Memorial Hospital
in the amendment of the Class E airspace published in the Federal
Register on July 27, 2010 (75 FR 43817). This action makes the
adjustment.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace at Smithfield, NC, by making the
addition of the geographic coordinates of the RNAV (GPS) approach point
in space serving Johnston Memorial Hospital to coincide with the FAAs
National Aeronautical Navigation Services depiction. Accordingly, since
this is an administrative change, and does not involve a change in the
dimensions or operating requirements of that airspace, notice and
public procedures under 5 U.S.C. 553 (b) are unnecessary.
    The Class E airspace designations are published in Paragraph 6005
of FAA order 7400.9U, dated August 18, 2010, and effective September
15, 2010, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.
    The FAA has determined that his regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator.

Subtitle VII, Aviation Programs, describes in more detail the scope of
the agency's authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A. Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Smithfield, NC.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for Part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9U, Airspace Designations and Reporting
Points, dated August 18, 2010, and effective September 15, 2010, is
amended as follows:

Paragraph 6005 Class E Airspace Extending Upward From 700 feet or
More Above the Surface of the Earth

* * * * *

ASO NC E5 Smithfield, NC [Amended]

Johnston County Airport, NC
    (Lat. 35[deg]32[min]27[sec] N., long 78[deg]23[min]25[sec] W.)
Johnston Memorial Hospital
Point In Space Coordinates
    (Lat. 35[deg]31[min]23[sec] N., long 78[deg]20[min]35[sec] W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Johnston County Airport and within 2
miles each side of the 023[deg] bearing from the airport extending
from the 6.5-mile radius to 10.2 miles northeast of the Johnston
County Airport and within a 6-mile radius of the point in space
(lat.35[deg]31[min]23[sec] N., long. 78[deg]20[min]35[sec] W.)
serving Johnston Memorial Hospital.

    Issued in College Park, Georgia, on September 17, 2010.
Myron A. Jenkins,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2010-24113 Filed 9-28-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 30 (Wednesday, February 15, 2017)]
[Rules and Regulations]
[Pages 10712-10718]
[FR Doc No: 2017-03075]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0705; FRL-9957-00]

Thiamethoxam; Pesticide Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes a tolerance for residues of
thiamethoxam in or on bananas. Syngenta Crop Protection, LLC requested
this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective February 15, 2017. Objections and
requests for hearings must be received on or before April 17, 2017, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2015-0705, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

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

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

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

    You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2015-0705 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
April 17, 2017. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2015-0705, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.

Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-For Tolerance

    In the Federal Register of November 23, 2015 (80 FR 72941) (FRL-
9936-73), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
5E8401) by Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro,
NC 27409-8300. The petition requested that 40 CFR part 180 be amended
by establishing a tolerance for residues of the insecticide,
thiamethoxam, in or on banana at 0.04 parts per million (ppm). That
document referenced a summary of the petition prepared by Syngenta, the
registrant, which is available in the docket, http://www.regulations.gov. Comments were received on the notice of filing.
EPA's response to these comments is discussed in Unit IV.C.
    Based upon review of the data supporting the petition, EPA has
modified the level at which the tolerance is being established. The
reason for this change is explained in Unit IV.D.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
    Tolerances for residues of thiamethoxam are listed in 40 CFR
180.565 and are expressed in terms of the combined residues of the
insecticide thiamethoxam and its metabolite CGA-322704. Metabolite CGA-
322704 is also the registered active ingredient clothianidin (tolerance
listings in 40 CFR 180.586). Clothianidin (hereinafter referred to as
CGA-322704) has a complete toxicological database and appears to have
effects in mammals that are different from those of thiamethoxam. A
separate risk assessment that addresses risks from CGA-322704 residues
resulting from the direct application of CGA-322704 (clothianidin), as
well as risks from residues of CGA-322704 coming from thiamethoxam uses
has been conducted, and there are no risk estimates of concern as a
result of the proposed tolerance for thiamethoxam residues in imported
bananas. This risk assessment can be found at http:www.regulations.gov
in docket ID number EPA-HQ-OPP-2015-0705.
    Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for thiamethoxam including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with thiamethoxam follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.

    In mammals, toxicological effects are seen primarily in the liver,
kidney, testes, and blood cellular system. In addition, developmental
neurological effects were observed in rats. These developmental effects
are being used to assess risks associated with acute exposures to
thiamethoxam, and the liver and testicular effects are the basis for
assessing longer-term exposures.
    There is no indication of quantitative or qualitative
susceptibility in the developmental toxicity studies. There is evidence
of quantitative susceptibility in the developmental neurotoxicity study
and both two-generation reproductive studies. However, clear no
observed adverse effects levels (NOAELs) were identified for the
susceptibility in the 2-generation reproduction and developmental
neurotoxicity (DNT) studies and the endpoints and doses chosen for risk
assessment are protective of the susceptibility observed in these
studies.
    Thiamethoxam is classified as ``not likely to be carcinogenic to
humans'' at levels below which certain amounts of metabolites are
produced. The liver tumors that were observed in the mouse have been
demonstrated to be a result of a non-genotoxic mode of action dependent
on sufficient amounts of a hepatotoxic metabolite being produced.
Although humans are qualitatively capable of producing the active
metabolite, thiamethoxam is unlikely to pose a cancer risk to humans
unless sufficient amounts of metabolites are persistently formed to
drive a carcinogenic response. The chronic endpoint selected for
regulating exposure to thiamethoxam is sufficiently protective of the
key events (perturbation of liver metabolism, hepatotoxicity/
regenerative proliferation) in the animal mode of action. At those
levels, the Agency does not expect sufficient generation of the
necessary metabolites to elicit a carcinogenic response; therefore,
separate quantification of carcinogenic potential is not required.
    Specific information on the studies received and the nature of the
adverse effects caused by thiamethoxam as well as the NOAEL and the
lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies
can be found at http:www.regulations.gov in the document titled
``Thiamethoxam. Human Health Risk Assessment for Tolerances on Imported
Bananas'' on page 33 in docket ID number EPA-HQ-OPP-2015-0705.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/assessing-human-health-risk-pesticides.
    A summary of the toxicological endpoints for thiamethoxam used for
human risk assessment is shown in Table 1 of this unit.

 Table 1--Summary of Toxicological Doses and Endpoints for Thiamethoxam for Use in Human Health Risk Assessment
----------------------------------------------------------------------------------------------------------------
                                    Point of departure
        Exposure/scenario            and uncertainty/      RfD, PAD, LOC for    Study and toxicological effects
                                      safety  factors       risk assessment
----------------------------------------------------------------------------------------------------------------
Acute dietary (All populations     NOAEL = 34.5 mg/kg/   Acute RfD = 0.35 mg/  Rat Developmental Neurotoxicity
 including infants and children).   day UFA = 10x.        kg/day.               study.
                                   UFH = 10x...........  aPAD = 0.35 mg/kg/    LOAEL = 298.7 mg/kg/day based on
                                   FQPA SF = 1x........   day.                  decreased body weight and
                                                                                reduced brain morphometric
                                                                                measurements.
Chronic dietary (All populations)  NOAEL= 1.2 mg/kg/day  Chronic RfD = 0.012   2-Generation reproduction study.
                                    UFA = 10x.            mg/kg/day.           LOAEL = 1.8 mg/kg/day based on
                                   UFH = 10x...........  cPAD = 0.012 mg/kg/    increased incidence and severity
                                   FQPA SF = 1x........   day.                  of tubular atrophy in testes of
                                                                                F1 generation males.
                                                                               2-Generation reproduction study,
                                                                               LOAEL = 156 mg/kg/day (males),
                                                                                not determined (females) based
                                                                                on sperm abnormalities and germ
                                                                                cell loss in F1 males.
Incidental oral short-term         NOAEL= 31.6 mg/kg/    LOC for MOE = 100...  28-day Dog study.
 infants/children <6 years old (1   day UFA = 10x.                             LOAEL = 47.7/43.0 (M/F) mg/kg/day
 to 30 days).                      UFH = 10x...........                         based on body weight loss;
                                   FQPA SF = 1x........                         leukopenia and increased
                                                                                hematocrit, hemoglobin and
                                                                                erythrocyte count; increased
                                                                                plasma urea and creatinine;
                                                                                reduced thymus weight in males
                                                                                and females, increased thyroid
                                                                                weight in males and reduced
                                                                                brain weight in females; and,
                                                                                histopathological changes in
                                                                                liver, thymus and spleen.

Dermal short-term adults (1 to 30  Oral study NOAEL =    LOC for MOE = 100...  2-Generation reproduction study;
 days).                             1.2 mg/kg/day                               1998.
                                    (dermal absorption                         LOAEL = 1.8 mg/kg/day based on
                                    rate = 5%.                                  increased incidence and severity
                                   UFA = 10x...........                         of tubular atrophy in testes of
                                   UFH = 10x...........                         F1 generation males.
                                   FQPA SF = 1x........                        2-Generation reproduction study;
                                                                                2004.
                                                                               LOAEL = 156 mg/kg/day (males),
                                                                                not determined (females) based
                                                                                on sperm abnormalities and germ
                                                                                cell loss in F1 males.
Dermal short-term infants/         Dermal study NOAEL=   LOC for MOE = 100...  Rat 28-Day Dermal Toxicity Study.
 children <6 years old (1 to 30     60 mg/kg/day.                              LOAEL = 250 (females) mg/kg/day
 days).                            UFA = 10x...........                         based on increased plasma
                                   UFH = 10x...........                         glucose, triglyceride levels,
                                   FQPA SF = 1x........                         and alkaline phosphatase
                                                                                activity and inflammatory cell
                                                                                infiltration in the liver and
                                                                                necrosis of single hepatocytes
                                                                                in females.
Inhalation short-term adults (1    Oral study NOAEL=     LOC for MOE = 100...  2-Generation reproduction study.
 to 30 days).                       1.2 mg/kg/day.                             LOAEL = 1.8 mg/kg/day based on
                                   UFA = 10x...........                         increased incidence and severity
                                   UFH = 10x...........                         of tubular atrophy in testes of
                                   FQPA SF = 1x........                         F1 generation males.
                                                                               2-Generation reproduction study.
                                                                               LOAEL = 156 mg/kg/day (males),
                                                                                not determined (females) based
                                                                                on sperm abnormalities and germ
                                                                                cell loss in F1 males.
Inhalation short-term infants/     Inhalation (or oral   LOC for MOE = 100...  28-day Dog study.
 children <6 years old (1 to 30     study NOAEL = 31.6                         LOAEL = 47.7/43.0 (M/F) mg/kg/day
 days).                             mg/kg/day                                   based on body weight loss;
                                    (inhalation                                 leukopenia and increased
                                    toxicity = oral                             hematocrit, hemoglobin and
                                    toxicity).                                  erythrocyte count; increased
                                   UFA = 10x...........                         plasma urea and creatinine;
                                   UFH = 10x...........                         reduced thymus weight in males
                                   FQPA SF = 1x........                         and females, increased thyroid
                                                                                weight in males and reduced
                                                                                brain weight in females; and,
                                                                                histopathological changes in
                                                                                liver, thymus and spleen.
                                  ------------------------------------------------------------------------------
Cancer (Oral, dermal, inhalation)  ``Not Likely to be Carcinogenic to Humans'' based on convincing evidence that
                                       a non-genotoxic mode of action for liver tumors was established in the
                                                mouse. Quantification of cancer risk is not required.
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
  level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor.
  UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among
  members of the human population (intraspecies).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to thiamethoxam, EPA considered exposure under the petitioned-
for tolerances as well as all existing thiamethoxam tolerances in 40
CFR 180.565. EPA assessed dietary exposures from thiamethoxam in food
as follows:
    i. Acute exposure. Quantitative acute dietary exposure and risk
assessments are performed for a food-use pesticide, if a toxicological
study has indicated the possibility of an effect of concern occurring
as a result of a 1-day or single exposure.
    Such effects were identified for thiamethoxam. In estimating acute
dietary exposure, EPA used food consumption information from the United
States Department of Agriculture's (USDA) National Health and Nutrition
Examination Survey, What We Eat in America (NHANES/WWEIA). As to
residue levels in food, EPA assumed tolerance level residues and 100
percent crop treated (PCT).
    ii. Chronic exposure. In conducting the chronic dietary exposure
assessment EPA used the food consumption data from USDA's NHANES/WWEIA.
As to residue levels in food, the chronic analysis is based on
tolerance levels and anticipated residues calculated from field trial
data for selected commodities and 100 PCT.
    iii. Cancer. Based on the data summarized in Unit III.A., EPA has
concluded that thiamethoxam does not pose a cancer risk to humans.
Therefore, a dietary exposure assessment for the purpose of assessing
cancer risk is unnecessary.
    iv. Anticipated residue and PCT information. Section 408(b)(2)(E)
of FFDCA authorizes EPA to use available data and information on the
anticipated residue levels of pesticide residues in food and the actual
levels of pesticide residues that have been measured in food. If EPA
relies on such information, EPA must require pursuant to FFDCA section
408(f)(1) that data be provided 5 years after the tolerance is
established, modified, or left in effect, demonstrating that the levels
in food are not above the levels anticipated. For the present action,
EPA will issue such data call-ins as are required by FFDCA section
408(b)(2)(E) and authorized under FFDCA section 408(f)(1). Data will be
required to be submitted no later than 5 years from the date of
issuance of these tolerances.
    2. Dietary exposure from drinking water. The Agency used screening
level water exposure models in the dietary exposure analysis and risk
assessment for thiamethoxam in drinking water. These simulation models
take into account data on the physical, chemical, and fate/transport
characteristics of thiamethoxam. Further information regarding EPA
drinking water models used in pesticide exposure assessment can be
found at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/about-water-exposure-models-used-pesticide.

    Based on the Tier 1 Rice Model and Screening Concentration in
Ground Water (SCI-GROW) models, the estimated drinking water
concentrations (EDWCs) of thiamethoxam for acute exposures are
estimated to be 131.77 parts per billion (ppb) for surface water and
4.66 ppb for ground water and for chronic exposures are estimated to be
11.31 ppb for surface water and 4.66 ppb for ground water.
    Modeled estimates of drinking water concentrations were directly
entered into the dietary exposure model. For the acute dietary risk
assessment, the water concentration value of 131.77 ppb was used to
assess the contribution to drinking water. For the chronic dietary risk
assessment, the water concentration of value 11.31 ppb was used to
assess the contribution to drinking water.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
    Thiamethoxam is currently registered for the following uses that
could result in residential exposures: Turf and indoor environments
(crack-and-crevice uses). EPA assessed residential exposure using the
following assumptions: For residential handlers, short-term dermal and
inhalation exposure is anticipated from both the lawn/turf and indoor
crack-and-crevice uses. In terms of post application exposure, short-
term dermal and incidental oral exposures are anticipated from both the
lawn/turf and the crack-and-crevice uses. These exposures are expected
from activities on turf such as playing, mowing, golfing, hand-to-
mouth, object-to-mouth, incidental soil ingestion, and from contacting
treated carpets. Post application inhalation exposure is also
anticipated from indoor crack-and-crevice applications. The Agency
selected only the most conservative, or worst case, residential adult
and child scenarios to be included in the aggregate estimates, based on
the lowest overall MOE (i.e., highest risk estimates). The worst case
residential exposures for adults and children 1 to 2 years old were
associated with post-application exposure to treated turf. Further
information regarding EPA standard assumptions and generic inputs for
residential exposures may be found at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Thiamethoxam is a member of the neonicotinoid class of pesticides
and produces, as a metabolite, another neonicotinoid, CGA-322704.
Structural similarities or common effects do not constitute a common
mechanism of toxicity. Evidence is needed to establish that the
chemicals operate by the same, or essentially the same, sequence of
major biochemical events (EPA, 2002). Although CGA-322704 and
thiamethoxam bind selectively to insect nicotinic acetylcholine
receptors (nAChR), the specific binding site(s)/receptor(s) for CGA-
322704, thiamethoxam and the other neonicotinoids are unknown at this
time. Additionally, the commonality of the binding activity itself is
uncertain, as preliminary evidence suggests that CGA-322704 operates by
direct competitive inhibition, while thiamethoxam is a non-competitive
inhibitor. Furthermore, even if future research shows that
neonicotinoids share a common binding activity to a specific site on
insect nAChRs, there is not necessarily a relationship between this
pesticidal action and a mechanism of toxicity in mammals. Structural
variations between the insect and mammalian nAChRs produce quantitative
differences in the binding affinity of the neonicotinoids towards these
receptors which, in turn, confers the notably greater selective
toxicity of this class towards insects, including aphids and
leafhoppers, compared to mammals. While the insecticidal action of the
neonicotinoids is neurotoxic, the most sensitive regulatory endpoint
for CGA-322704 is based on unrelated effects in mammals, including
changes in body and thymus weights, delays in sexual maturation, and
still births. Additionally, the most sensitive toxicological effect in
mammals differs across the neonicotinoids (such as testicular tubular
atrophy with thiamethoxam, and mineralized particles in thyroid colloid
with imidacloprid). Therefore, unlike other pesticides for which EPA
has followed a cumulative risk approach based on a common mechanism of
toxicity, EPA has not made a common mechanism of toxicity finding as to
thiamethoxam and any other substances and thiamethoxam does not appear
to produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has not assumed that
thiamethoxam has a common mechanism of toxicity with other substances.
For information regarding EPA's efforts to determine which chemicals
have a common mechanism of toxicity, and to evaluate the cumulative
effects of such chemicals, see the policy statements concerning common
mechanism determinations, and procedures for cumulating effects from
substances found to have a common mechanism, released by OPP on EPA's
Web site at http://www2.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the Food Quality
Protection Act (FQPA) Safety Factor (SF). In applying this provision,
EPA either retains the default value of 10X, or uses a different
additional safety factor when reliable data available to EPA support
the choice of a different factor.
    2. Prenatal and postnatal sensitivity. In the developmental
studies, there was no evidence of increased quantitative or qualitative
susceptibility of rat or rabbit fetuses to in utero exposure to
thiamethoxam. Effects in the young were seen in the presence of
maternal toxicity. There was evidence of quantitative susceptibility in
the developmental neurotoxicity study and both two-generation
reproductive studies. Although there was evidence of increased
quantitative susceptibility, there are no residual uncertainties with
regard to pre- and/or postnatal toxicity following in utero exposure to
rats or rabbits and pre and/or post-natal exposures to rats.
Considering the overall toxicity profile and the doses and endpoints
selected for risk assessment, the degree of concern for the effects
observed in the studies is low because the developmental/offspring
effects observed in the studies are well characterized and clear
NOAELs/LOAELs have been identified in the studies for the effects of
concern. Additionally, the Agency is confident that the endpoints and
PODs selected

for risk assessment are protective of potential developmental/
reproductive effects.
    3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1x. That decision is based on the following
findings:
    i. The toxicity database for thiamethoxam is complete.
    ii. Evidence of neurotoxicity was seen in the acute and
developmental neurotoxicity studies. However, there is a low degree of
concern for the potential neurotoxic effects of thiamethoxam since
clear NOAELs were identified for the neurotoxic effects, the neurotoxic
effects were not the most sensitive endpoint in the toxicity database
and the endpoints chosen for risk assessment are protective of any
potential neurotoxicity.
    iii. There is no evidence that thiamethoxam results in increased
susceptibility in in utero rats or rabbits in the prenatal
developmental studies. There was evidence of quantitative
susceptibility in the developmental neurotoxicity study and both two-
generation reproductive studies, however, for the reasons cited above
in section III.D.2., the Agency is confident that the endpoints and
PODs selected for risk assessment are protective of potential
developmental/reproductive effects.
    iv. There are no residual uncertainties identified in the exposure
databases. The dietary exposure assessments are based on high-end
residue levels and processing factors, both of which account for parent
and metabolites of concern, and the assumption of 100 PCT for all
registered crops. EPA made conservative (protective) assumptions in the
ground and surface water modeling used to assess exposure to
thiamethoxam in drinking water. EPA used similarly conservative
assumptions to assess post-application exposure of children as well as
incidental oral exposure of toddlers. These assessments will not
underestimate the exposure and risks posed by thiamethoxam.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to thiamethoxam will occupy 9.5% of the aPAD for children 1-2 years
old, the population group receiving the greatest exposure.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
thiamethoxam from food and water will utilize 45% of the cPAD for
children 1-2 years old the population group receiving the greatest
exposure. Based on the explanation in Unit III.C.3., regarding
residential use patterns, chronic residential exposure to residues of
thiamethoxam is not expected.
    3. Short-term risk. Short-term aggregate exposure takes into
account short-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level).
    Thiamethoxam is currently registered for uses that could result in
short-term residential exposure, and the Agency has determined that it
is appropriate to aggregate chronic exposure through food and water
with short-term residential exposures to thiamethoxam.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water,
and residential exposures result in aggregate MOEs of 500 for adults
and 580 for children 1<2 years old. Because EPA's level of concern for
thiamethoxam is a MOE of 100 or below, these MOEs are not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level).
    An intermediate-term adverse effect was identified; however,
thiamethoxam is not registered for any use patterns that would result
in intermediate-term residential exposure. Intermediate-term risk is
assessed based on intermediate-term residential exposure plus chronic
dietary exposure. Because there is no intermediate-term residential
exposure and chronic dietary exposure has already been assessed under
the appropriately protective cPAD (which is at least as protective as
the POD used to assess intermediate-term risk), no further assessment
of intermediate-term risk is necessary, and EPA relies on the chronic
dietary risk assessment for evaluating intermediate-term risk for
thiamethoxam.
    5. Aggregate cancer risk for U.S. population. As discussed in Unit
III.A. and based on the lack of chronic risk discussed in Unit
III.E.2., thiamethoxam is not expected to pose a cancer risk to humans.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to thiamethoxam residues.

IV. Other Considerations

 A. Analytical Enforcement Methodology

    Adequate enforcement methodology (high-performance liquid
chromatography (HPLC)) is available to enforce the tolerance
expression.
    The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    Codex has established an MRL for thiamethoxam in bananas at 0.02
mg/kg which is different than the U.S. tolerance of 0.3 ppm. At this
time, the Codex and EPA residue definitions are different (Codex's MRL
is for the parent compound, thiamethoxam only, while EPA's is
thiamethoxam plus metabolite CGA-322704); therefore, it is not possible
to harmonize with the Codex MRL.

C. Response to Comments

    Three comments were received in response to the Notice of Filing.
One

simply said ``Good.'' The other two comments noted general concerns
about approving ``more herbicides and pesticides from Dow, Bayer, and
Monsanto'' and the toxicity of this chemical, stating, in part, that
``food should not be contaminated with these chemicals.'' The Agency
recognizes that some individuals believe that pesticides should be
banned on agricultural crops; however, the existing legal framework
provided by section 408 of the Federal Food, Drug and Cosmetic Act
(FFDCA) states that tolerances may be set when persons seeking such
tolerances or exemptions have demonstrated that the pesticide meets the
safety standard imposed by that statute. EPA has assessed the effects
of this chemical on human health and determined that aggregate exposure
to it will be safe. These comments provide no information to support a
different conclusion.

D. Revisions to Petitioned-For Tolerances

    The submitted banana field trial data support a tolerance of 0.03
ppm, instead of the petitioned-for tolerance of 0.04 ppm, in whole
bananas. The petitioner used a combined limit of quantitation (LOQ)
different from that used by the Agency for the input dataset of the
Organization for Economic Cooperation and Development (OECD) tolerance
calculation procedure. The combined LOQ used by EPA resulted in a
recommended tolerance of 0.03 ppm.

V. Conclusion

    Therefore, a tolerance is established for residues of thiamethoxam,
including its metabolites and degradates, in or on banana at 0.03 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes a tolerance under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: January 13, 2017.
Michael Goodis,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. In Sec.  180.565, add alphabetically the commodity ``Banana'' to the
table in paragraph (a) and revise footnote 1 to read as follows:

Sec.  180.565  Thiamethoxam; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------

                                * * * * *
Banana \1\..............................................            0.03

                                * * * * *
------------------------------------------------------------------------
\1\ There are no U.S. registrations for these commodities as of February
  15, 2017.

* * * * *
[FR Doc. 2017-03075 Filed 2-14-17; 8:45 am]
BILLING CODE 6560-50-P