[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Notices]
[Pages 56577-56578]
[FR Doc No: 2015-21027]

Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 /
Notices

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2015-0216; FRL-9932-42-OAR]
RIN 2060-ZA22

Release of Draft Control Techniques Guidelines for the Oil and
Natural Gas Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing the
availability of a draft Control Techniques Guidelines (CTG) document
for select oil and natural gas industry emission sources. This
document, when finalized, will provide state, local, and tribal air
agencies (air agencies) information to assist them in determining
reasonably available control technology (RACT) for volatile organic
compound (VOC) emissions from such sources.

DATES: Comments must be received on or before November 17, 2015.

ADDRESSES: The draft Control Techniques Guidelines for the Oil and
Natural Gas Industry is available primarily via the Internet at http://www.epa.gov/airquality/oilandgas/index.html.
    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2015-
0216, to the Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or withdrawn. The EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2015-0216. The 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 information
that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means the 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 the EPA
without going through http://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, the EPA recommends that you include
your name and other contact information in the body of your comment and
with any CD you submit. If the EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, the
EPA may not be able to consider your comment. Electronic files should
avoid the use of special characters, avoid any form of encryption and
be free of any defects or viruses. For additional information about the
EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on
submitting comments, go to section I.A of the SUPPLEMENTARY INFORMATION
section of this document.
    Docket. All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at http://www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, EPA Docket Center, EPA WJC West Building, Room 3334,
1301 Constitution Ave. NW., Washington, DC. 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
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Charlene Spells, U.S.
Environmental Protection Agency, Office of Air Quality Planning and
Standards, Sector Policies and Programs Division (E143-05), Research
Triangle Park, NC 27711; telephone number:(919) 541- 5255; fax
number:(919) 541-3470<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. What should I consider as I prepare my comments?

    Submitting CBI. Do not submit this information to the EPA through
http://www.regulations.gov or email. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a CD
that you mail to the EPA, mark the outside of the CD as CBI and then
identify electronically within the CD the specific information that is
claimed as CBI. In addition to one complete version of the comment that
includes information claimed as CBI, a copy of the comment that does
not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2. Send or deliver information identified as CBI only to the following
address: Tiffany Purifoy, OAQPS Document Control Officer (C404-02),
U.S. EPA, Research Triangle Park, NC 27711, Attention Docket ID No.
EPA-HQ-OAR-2015-0216.

II. Information About the Document

    Section 172(c)(1) of the Clean Air Act (CAA) provides that State
Implementation Plans (SIPs) for nonattainment areas must include
``reasonably available control measures'', including ``reasonably
available control technology'' (RACT), for existing sources of
emissions. Section 182(b)(2)(A)of the CAA requires that for Moderate
ozone nonattainment areas, states must revise their SIPs to include
RACT for each category of VOC sources covered by a CTG document issued
between November 15, 1990, and the date of attainment. CAA section
182(c) through (e) applies this requirement to States with ozone
nonattainment areas classified as Serious, Severe and Extreme.
    The CAA also imposes the same requirement on States in ozone
transport regions (OTR). Specifically, CAA Section 184(b) provides that
states in the Ozone Transport Region (OTR)

must revise their SIPs to implement RACT with respect to all sources of
VOCs in the state covered by a CTG issued before or after November 15,
1990. CAA section 184(a) establishes a single OTR comprised of
Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire,
New Jersey, New York, Pennsylvania, Rhode Island, Vermont and the
Consolidated Metropolitan Statistical Area (CMSA) that includes the
District of Columbia.
    The EPA defines RACT as ``the lowest emission limitation that a
particular source is capable of meeting by the application of control
technology that is reasonably available considering technological and
economic feasibility'' (44 FR 53761, September 17, 1979). The EPA is
developing this CTG to provide air agencies information to assist them
in determining RACT for VOC from select oil and natural gas emission
sources. In developing the CTG, the EPA, among other things, evaluated
the sources of VOC emissions from the oil and natural gas industry and
the available control approaches for addressing these emissions,
including the costs of such approaches. Based on available information
and data, the EPA is providing draft recommendations for RACT for
select oil and natural gas industry emission sources. The VOC RACT
recommendations contained in this draft CTG were made based on a review
of the 1983 CTG, the oil and natural gas NSPS, existing state and local
VOC emission reduction approaches, and information on costs, emissions
and available emission control technologies obtained since issuance of
these guidelines and rules. For instance, the EPA released for external
peer review five technical white papers on potentially significant
sources of emissions in the oil and gas sector. We considered
information included in the white papers, along with the input we
received from the peer reviewers and the public, when evaluating and
recommending a RACT level of control for emission sources. Upon
finalization of the CTG, air agencies can use the recommendations in
the CTG to inform their determinations as to what constitutes RACT for
VOC for these oil and natural gas industry emission sources in their
particular areas. The information contained in the CTG is provided only
as guidance. This guidance does not change, or substitute for,
requirements specified in applicable sections of the CAA or the EPA's
regulations; nor is it a regulation itself. The CTG does not impose any
legally binding requirements on any entity. It provides only
recommendations for air agencies to consider in determining RACT. Air
agencies are free to implement other technically-sound approaches that
are consistent with the CAA and the EPA's regulations.
    The recommendations contained in the CTG are based on data and
information currently available to the EPA. These general
recommendations may not apply in all situations. Regardless of whether
a state chooses to implement the recommendations contained in a CTG
through state rules, or to issue state rules that adopt different
approaches for RACT for VOC from oil and natural gas industry emission
sources, states must submit their RACT rules to the EPA for review and
approval as part of the SIP process. The EPA will evaluate the rules
and determine, through notice and comment rulemaking in the SIP review
process, whether the submitted rules meet the RACT requirements of the
CAA and the EPA's regulations. To the extent a state adopts any of the
recommendations in this CTG, upon its finalization, into its state RACT
rules, interested parties can raise questions and objections about the
substance of this guidance and the appropriateness of the application
of this guidance to a particular situation during the development of
the state rules and the EPA's SIP review process.
    Section 182(b)(2) of the CAA requires that a CTG issued between
November 15, 1990, and the date of attainment provide the period for
submitting SIP revisions in response to such CTG. In the draft CTG, the
EPA is providing a two-year period, from the date of final issuance,
for the required submittal.
    The Tribal Authority Rule (63 FR 7254, February 12, 1998) (TAR)
identifies CAA provisions for which it is appropriate to treat Indian
tribes in the same manner as states (TAS). Pursuant to the TAR, tribes
may apply for TAS for purposes of CAA section 110 and Part D planning
requirements in CAA section 172. As a result, tribes may, but are not
required to, apply for TAS for the purpose a developing a tribal
implementation plan (TIP) addressing RACT for sources located in a
Moderate (or higher) nonattainment area for ozone within the tribe's
jurisdiction. If the EPA grants that status and approves the TIP, the
tribe would implement RACT in Moderate (or higher) ozone nonattainment
areas within the geographic scope of the TAS designation. If a tribe
does not seek and obtain the authority from the EPA to establish a
plan, the EPA will be responsible for establishing CAA section 110 and
172 plans for reservations and trust lands if the EPA determines that
such a plan is necessary or appropriate to protect air quality in such
areas.

III. Specific Comments Solicited

    In addition to providing an opportunity to review and comment on
the draft CTG, the EPA is also soliciting specific comment on the
following:
    1. Information on costs associated with retrofitting an existing
storage vessel to allow routing of emissions to a control device.
    2. Information on the implementation of a monitoring plan that
includes the use of optical gas imaging for fugitive emissions at
existing well sites.
    3. Interaction of the CTG with new builds in areas affected by the
CTG. Refer to materials in the docket (EPA-HQ-OAR-2015-0216).
    4. The appropriateness of a daily average of 15 barrel equivalents
as a representative threshold to define low production wells for
purposes of requiring a fugitive emissions program and information on
fugitive air emissions associated with low production wells.

    Dated: August 18, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015-21027 Filed 9-17-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Notices]
[Pages 14520-14521]
[FR Doc No: 2016-05689]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Application for Special Permits

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

ACTION: List of Applications for Special Permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations (49 CFR part 107,
subpart B), notice is hereby given that the Office of Hazardous
Materials Safety has received the application described herein. Each
mode of transportation for which a particular special permit is
requested is indicated by a number in the ``Nature of Application''
portion of the table below as follows: 1--Motor vehicle, 2--Rail
freight, 3--Cargo vessel, 4--Cargo aircraft only, 5--Passenger-carrying
aircraft.

DATES: Comments must be received on or before April 18, 2016.
    Address Comments to Record Center, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, Washington,
DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.
    Copies of the applications are available for inspection in the
Records Center, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with Part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(6); 49 CFR 1.53(b)).

    Issued in Washington, DC, on February 16, 2016.
Don Burger,
Chief, General Approvals and Permits.

                                              Special Permits Data
----------------------------------------------------------------------------------------------------------------
                                                                      Regulation(s)       Nature of the special
   Application No.           Docket No.            Applicant             affected            permits thereof
----------------------------------------------------------------------------------------------------------------
20085-N..............  .....................  EQ INDUSTRIAL        173.308(a)(3),        To authorize the
                                               SERVICES, INC..      173.308(a)(4),       transportation in
                                                                    173.21(h)(2)(i).     commerce of untested
                                                                                and unapproved lighters
                                                                                for the purpose of
                                                                                disposal. (mode 1).
20118-N..............  .....................  AMERICASE, INC.....  172.500, 172.200,    To authorize the
                                                                    172.300, 172.600,    manufacture, mark, sale
                                                                    172.700(a),          and use of specially-
                                                                    173.185(f),          designed packaging used
                                                                    172.400.             for the transportation
                                                                                in commerce of damaged
                                                                                or recalled lithium ion
                                                                                cells, batteries, and
                                                                                lithium cells and
                                                                                batteries. (mode 1, 3).
20157-N..............  .....................  KIMBER MFG., INC...  Parts 171-180......  To authorize the
                                                                                transportation in
                                                                                commerce of certain
                                                                                pyrotechnic articles as
                                                                                not subject to the
                                                                                requirements of the
                                                                                Hazardous Materials
                                                                                Regulations. (modes 1,
                                                                                4).
20158-N..............  .....................  PALL CORPORATION...  173.202, 173.242...  To authorize the
                                                                                transportation in
                                                                                commerce of an
                                                                                isopropanol solution in
                                                                                non-specification
                                                                                packaging. (modes 1,
                                                                                4).
20159-N..............  .....................  ELKHORN AVIATION,    175.30(a)(1),        To authorize the
                                               INC..                172.101 Column       transportation in
                                                                    (9B), 172.200,       commerce of certain
                                                                    172.300, 173.1,      hazardous materials by
                                                                    173.27(b)(2).        14 CFR part 133
                                                                                Rotorcraft External
                                                                                Load Operations
                                                                                transporting hazardous
                                                                                materials attached to
                                                                                or suspended from an
                                                                                aircraft, in remote
                                                                                areas of the U.S. only,
                                                                                without being subject
                                                                                to certain hazard
                                                                                communication
                                                                                requirements, quantity
                                                                                limitations and certain
                                                                                loading and stowage
                                                                                requirements. (mode 4).
20181-N..............  .....................  QUANTUM FUEL         173.302a...........  To authorize the
                                               SYSTEMS                                   manufacture, mark, sale
                                               TECHNOLOGIES                              and use of a non-DOT
                                               WORLDWIDE, INC..                          specification fully
                                                                                wrapped fiber
                                                                                reinforced composite
                                                                                gas cylinder with a non-
                                                                                load sharing plastic
                                                                                liner that meets ISO
                                                                                11119-3: 2013, except
                                                                                as specified. (mode 1).

20182-N..............  .....................   A123 SYSTEMS LLC..  173.185(a)(1)......  To authorize the
                                                                                transportation in
                                                                                commerce of lithium
                                                                                batteries tested in
                                                                                accordance with the UN
                                                                                Manual of Tests and
                                                                                Criteria Sixth
                                                                                Revision. (modes
                                                                                1,2,3,4,5).
20209-N..............  .....................  BREN-TRONICS, INC..  172.102(c)(2),       To authorize the
                                                                    Special Provision    transportation in
                                                                    A54, 173.185(b)(5).  commerce of lithium ion
                                                                                batteries in strong
                                                                                outer packagings and
                                                                                with a net weight of
                                                                                greater than 35 kg when
                                                                                Transported aboard
                                                                                cargo aircraft. (mode
                                                                                4).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-05689 Filed 3-16-16; 8:45 am]
 BILLING CODE 4909-60-M


[Federal Register: April 29, 2009 (Volume 74, Number 81)]
[Rules and Regulations]
[Page 19453-19458]
[DOCID:fr29ap09-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R03-RCRA-2009-0916; FRL-8898-7]

Pennsylvania: Final Authorization of State Hazardous Waste
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Pennsylvania has applied to EPA for final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). EPA has determined that these
revisions satisfy all requirements needed to qualify for final
authorization and is authorizing Pennsylvania's revisions through this
immediate final action. EPA is publishing this rule to authorize the
revisions without a prior proposal because we believe this action is
not controversial and do not expect comments that oppose it. Unless we
receive written comments that oppose this authorization during the
comment period, the decision to authorize Pennsylvania's revisions to
its hazardous waste program will take effect. If we receive comments
that oppose this action we will publish a document in the Federal
Register withdrawing the relevant portions of this rule, before they
take effect, and a separate document in the proposed rules section of
this Federal Register will serve as a proposal to authorize revisions
to Pennsylvania's program that were the subject of adverse comments.
Today's document also corrects errors made in the authorization history
that was published in the January 20, 2004 Federal Register
authorization document for Pennsylvania.

DATES: This final authorization will become effective on June 29, 2009,
unless EPA receives adverse written comments by May 29, 2009. If EPA
receives any such comment, it will publish a timely withdrawal of this
immediate final rule in the Federal Register and inform the public that
this authorization will not take effect as scheduled.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
RCRA-2009-0916, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: Charles Bentley, Mailcode 3LC50, Office of State Programs,
U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2029.
    4. Hand Delivery: At the previously listed EPA Region III address.
Such deliveries are only accepted during normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    You may inspect and copy Pennsylvania's application from 8 a.m. to
4:00 p.m., Monday through Friday at the following locations:
Pennsylvania Department of Environmental Protection, Environmental
Education and Information Center, 1st Floor, Rachel Carson State Office
Building, 400 Market St., Harrisburg, PA 17105, Phone number (717) 772-
1828; Pennsylvania Department of Environmental Protection, Southwest
Regional Office, 400 Waterfront Drive, Pittsburgh, PA 15222, Phone
number:<PHONE_NUMBER>; and EPA Region III, Library, 2nd Floor, 1650
Arch Street, Philadelphia, PA 19103, Phone number:<PHONE_NUMBER>.
Persons with a disability may use the AT&T Relay Service to contact
Pennsylvania Department of Environmental Protection by calling (800)
654-5984 (TDD users), or<PHONE_NUMBER> (voice users).
    Instructions: Direct your comments to Docket ID No. EPA-R03-RCRA-
2009-0916. EPA's policy is that all comments received will be included
in the public file without change and may be made available on line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The Federal http://www.regulations.gov
Web site is an ``anonymous access'' system which means that 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 file
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 and any form of encryption, and be free of any defects or
viruses.

FOR FURTHER INFORMATION CONTACT: Charles Bentley, Mailcode 3LC50,
Office of State Programs, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029, Phone number:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Corrections to January 20, 2004 (69 FR 2674) Authorization Document

    The January 20, 2004 authorization document for Pennsylvania (69 FR
2674, column 2) contains an erroneous paragraph at Section F. The
existing paragraph should be replaced with the following language:
    ``Initially, Pennsylvania received final authorization to implement
its hazardous waste management program effective January 30, 1986 (51
FR 1791). EPA granted authorization for changes to Pennsylvania's
regulatory program on September 26, 2000, effective November 27, 2000
(65 FR 57734). ''

II. Authorization of Revisions to Pennsylvania's Hazardous Waste
Program

A. Why Are Revisions to State Programs Necessary

    States that have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. Authorization of revisions to State programs
may be necessary when Federal or State statutory or regulatory
authority is modified or when certain other revisions occur. Most
commonly, States must revise their programs because of revisions to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule

    EPA concludes that Pennsylvania's application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant Pennsylvania
final authorization to operate its hazardous waste program with
revisions described in its application for program revisions, subject
to the procedures described in section E, below. Pennsylvania has
responsibility for permitting treatment, storage, and disposal
facilities (TSDFs) within its borders and for carrying out the aspects
of the RCRA program described in its application, subject to the
limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA).
New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, EPA will implement those HSWA requirements and
prohibitions for which Pennsylvania has not been authorized, including
issuing HSWA permits, until the State is granted authorization to do
so.

C. What Is the Effect of This Authorization Decision

    This decision serves to authorize revisions to Pennsylvania's
authorized hazardous waste program. This action does not impose
additional requirements on the regulated community because the
regulations for which Pennsylvania is being authorized by today's
action are already effective and are not changed by today's action.
Pennsylvania has enforcement responsibilities under its state hazardous
waste program for violations of its program, but EPA retains its
authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to:
     Perform inspections, and require monitoring, tests,
analyses or reports;
     Enforce RCRA requirements and suspend or revoke permits;
and
     Take enforcement actions regardless of whether
Pennsylvania has taken its own actions.

D. Why Wasn't There a Proposed Rule Before This Rule

    EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the proposed rules section of today's
Federal Register we are publishing a separate document that proposes to
authorize Pennsylvania's program revisions. If EPA receives comments
that oppose this authorization, or portions thereof, that document will
serve as a proposal to authorize the revisions to Pennsylvania's
program that were the subject of adverse comment.

E. What Happens if EPA Receives Comments That Oppose This Action

    If EPA receives comments that oppose this authorization, or
portions thereof, we will withdraw this rule, or portions thereof, by
publishing a document in the Federal Register before the rule would
become effective. EPA will base any further decision on the
authorization of Pennsylvania's program revisions on the proposal
mentioned in the previous section. We will then address all public
comments in a later final rule. You may not have another opportunity to
comment. If you want to comment on this authorization, you must do so
at this time. If we receive comments that oppose the authorization of a
particular revision to the Commonwealth's hazardous waste program, we
will withdraw that part of this rule, but the authorization of the
program revisions that the comments do not oppose will become effective
on the date specified above. The Federal Register withdrawal document
will specify which part of the authorization will become effective, and
which part is being withdrawn.

F. What Has Pennsylvania Previously Been Authorized for

    Initially, Pennsylvania received final authorization to implement
its hazardous waste management program effective January 30, 1986 (51
FR 1791). EPA granted authorization for revisions to Pennsylvania's
regulatory program on September 26, 2000, effective November 27, 2000
(65 FR 57734); and on January 20, 2004, effective March 22, 2004 (69 FR
2674).

G. What Revisions Are We Authorizing With This Action

    On May 31, 2007, Pennsylvania submitted an initial program revision
application, seeking authorization of additional revisions to its
program in accordance with 40 CFR 271.21. Subsequently, on January 2,
2009, the Commonwealth submitted a revised program revision
application. Pennsylvania's revision application includes various
regulations that are equivalent to, and no less stringent than,
revisions to the Federal hazardous waste program, as published in the
Federal

Register on September 30, 1999, November 19, 1999, July 10, 2000, May
14, 2001 and from June 29, 2001 through October 12, 2005, as well as
miscellaneous changes to its previously authorized program. We now make
an immediate final decision, subject to receipt of written comments
that oppose this action, that Pennsylvania's hazardous waste program
revision satisfies all of the requirements necessary to qualify for
final authorization. Therefore, EPA grants Pennsylvania's final
authorization for the following program revisions:
1. Program Revision Changes for Federal Rules
    Pennsylvania seeks authority to administer the Federal requirements
that are listed in Table 1. This Table lists the Commonwealth analogs
that are being recognized as no less stringent than the analogous
Federal requirements.\1\ Unless otherwise stated, the Commonwealth's
regulatory references are to Title 25, Pennsylvania Code (25 Pa. Code),
Chapters 260a through 266a, 266b, 268a, and 270a, effective May 1,
1999, as amended December 14, 2002. Pennsylvania's authority to
incorporate subsequent changes to the Federal program is found at Pa.
Code Section 260a.3(e). The Commonwealth's statutory authority has not
changed since August 10, 2000. For additional information on the
Commonwealth's statutory authority please consult the Commonwealth's
authorization revision Federal Register document (65 FR 57734)
published on September 26, 2000.
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    \1\ \\ In its revision application Pennsylvania also sought
authorization for the National Environmental Performance Track
Program. On March 16, 2009, EPA announced its intention to halt and
review the National Performance Track Program. Therefore, EPA is not
granting Pennsylvania final authorization for ``The National
Environmental Performance Track Program (4/22/04, 69 FR21737; as
amended 10/25/04, 69 FR 62217; Revision Checklist 204).''

       Table 1--Pennsylvania's Analogs to the Federal Requirements
------------------------------------------------------------------------
     Description of federal
requirement and Federal Register        Federal            Analogous
 reference (revision checklists       requirement        Pennsylvania
              \2\)                                         authority
------------------------------------------------------------------------
NESHAPS: Final Standards for      40 CFR 260.10       25 Pa. Code,
 Hazardous Air Pollutants for      ``dioxins and       Section
 Hazardous Waste Combustors        furans (D/F)'';     260a.3(e);
 (MACT Rule) (09/30/99, 64 FR      260.10 ``TEQ'';     Incorporated by
 52828; as amended 11/19/99, 64    261.38/Table 1;     reference at 25
 FR 63209; Revision Checklist      264.340(b)-(e);     Pa. Code Sections
 182).                             264.601             260a.1(a),
                                   introductory        261a.1,
                                   paragraph;          264a.1(a),
                                   265.340(b) & (c);   265a.1(a),
                                   266.100(b)-(h);     266a.20 (as
                                   266.101(c)          modified at
                                   introductory        266a.100),
                                   paragraph &         270a.1(a), and
                                   (c)(1);             270a.41(6).
                                   266.105(c) & (d);
                                   266.112(b)(1)
                                   introductory
                                   paragraph;
                                   266.112(b)(2)(i)
                                   and Note; 266,
                                   Appendix VIII;
                                   270.19
                                   introductory
                                   paragraph;
                                   270.19(e); 270.22
                                   introductory
                                   paragraph;
                                   270.42, Appendix
                                   I; 270.62
                                   introductory
                                   paragraph; and
                                   270.66
                                   introductory
                                   paragraph.
NESHAPS: Final Standards for      40 CFR              25 Pa. Code,
 Hazardous Air Pollutants for      261.38(c)(2)(iv);   Section
 Hazardous Waste Combustors (07/   264.340(b)(1) &     260a.3(e);
 10/00, 65 FR 42292; as amended    (3); and            Incorporated by
 05/14/01, 66 FR 24270 and 07/03/  270.42(j)(2).       reference at 25
 01, 66 FR 35087; Revision                             Pa. Code,
 Checklist 188).                                       Sections 261a.1,
                                                       264a.1(a), and
                                                       270a.1(a).
Mixture and Derived From Rules    40 CFR              25 Pa. Code,
 Revision II (10/3/01, 66 FR       261.3(a)(2)(iv);    Section
 50332; as amended 12/3/01, 66     and 261.3(g)(4).    260a.3(e);
 FR 60153; Revision Checklist                          Incorporated by
 194).                                                 reference at 25
                                                       Pa. Code, Section
                                                       261a.1.
Inorganic Chemical Manufacturing  40 CFR              25 Pa. Code,
 (11/20/01, 66 FR 58258; as        261.4(b)(15);       Section
 amended 04/09/02, 67 FR 17119;    261.32; 261,        260a.3(e);
 Revision Checklist 195).          Appendix VII;       Incorporated by
                                   268.36(a)-(c);      reference at 25
                                   and 268.40, Table.  Pa. Code,
                                                       Sections 261a.1
                                                       and 268a.1(a).
CAMU Amendments (01/22/02, 67 FR  40 CFR 260.10;      25 Pa. Code,
 2962; Revision Checklist 196).    264.550(a) & (b);   Section
                                   264.551(a)          260a.3(e);
                                   introductory        Incorporated by
                                   paragraph;          reference at 25
                                   265.552;            Pa. Code,
                                   264.554(a); and     Sections
                                   264.555.            260a.1(a) and
                                                       264a.1(a).
Hazardous Air Pollutant           40 CFR              25 Pa. Code,
 Standards for Combustors:         264.340(b)(1);      Section
 Interim Standards (02/13/02, 67   264.340(b)(4);      260a.3(e);
 FR 6792; Revision Checklist       265.340(b)(1);      Incorporated by
 197).                             265.340(b)(3);      reference at 25
                                   266.100(b)(2)(i)-   Pa. Code,
                                   (v); 270.19(e);     Sections
                                   270.22              264a.1(a),
                                   introductory        265a.1(a),
                                   paragraph; 270.62   266a.20 and
                                   introductory        270a.1(a).
                                   paragraph; 270.66
                                   introductory
                                   paragraph; and
                                   270.235.
Hazardous Air Pollutant           40 CFR 266.100(a);  25 Pa. Code,
 Standards for Combustors:         266.100(b)(1);      Section
 Corrections (02/14/02, 67 FR      266.100(d)(1)(i)    260a.3(e);
 6968; Revision Checklist 198).    (B);                Incorporated by
                                   266.100(d)(2);      reference at 25
                                   266.100(d)(3)       Pa. Code,
                                   introductory        Sections 266a.20
                                   paragraph;          (as modified at
                                   266.100(d)(3)(i)    266a.100) and
                                   introductory        270a.1(a).
                                   paragraph;
                                   266.100(d)(3)(i)
                                   (D); and
                                   270.42(j)(1).
Vacatur of Mineral Processing     40 CFR              25 Pa. Code,
 Spent Materials Being Reclaimed   261.2(c)(3);        Section
 as Solid Wastes and TCLP Use      261.4(a)(17); and   260a.3(e);
 with MGP Waste (03/13/02, 67 FR   261.24(a).          Incorporated by
 11251; Revision Checklist 199).                       reference at 25
                                                       Pa. Code, Section
                                                       261a.1.
Zinc Fertilizers Made from        40 CFR              25 Pa. Code,
 Recycled Hazardous Secondary      261.4(a)(20);       Section
 Materials (07/24/02, 67 FR        261.4(a)(21);       260a.3(e);
 48393; Revision Checklist 200).   266.20(b);          Incorporated by
                                   266.20(d); and      reference at 25
                                   268.40.             Pa. Code,
                                                       Sections 261a.1,
                                                       266a.20 and
                                                       268a.1(a).
National Treatment Variance for   40 CFR 268.40/      25 Pa. Code,
 Radioactively Contaminated        Table.              Section
 Batteries (10/0702, 67 FR                             260a.3(e);
 62618; Revision Checklist 201).                       Incorporated by
                                                       reference at 25
                                                       Pa. Code, Section
                                                       268a.1(a).

NESHAP: Standards for Hazardous   40 CFR 270.19(e);   25 Pa. Code,
 Air Pollutants for Hazardous      270.22              Section
 Waste Combustors--Corrections     introductory        260a.3(e);
 (12/19/02, 67 FR 77687;           paragraph; 270.62   Incorporated by
 Revision Checklist 202).          introductory        reference at 25
                                   paragraph and       Pa. Code, Section
                                   270.66              270a.1(a).
                                   introductory
                                   paragraph.
NESHAP: Surface Coating of        40 CFR              25 Pa. Code,
 Automobiles and Light-Duty        264.1050(h); and    Section
 Trucks (04/26/04, 69 FR 22602;    265.1050(g).        260a.3(e);
 Revision Checklist 205).                              Incorporated by
                                                       reference at 25
                                                       Pa. Code,
                                                       Sections
                                                       264a.1(a) and
                                                       265a.1(a).
Nonwastewaters from Productions   40 CFR              25 Pa. Code,
 of Dyes, Pigments, and Food,      261.4(b)(15);       Section
 Drug, and Cosmetic Colorants      261.32(a);          260a.3(e);
 (02/24/05, 70 FR 9138, as         261.32, Table;      Incorporated by
 amended 06/16/05, 70 FR 35032;    261.32(b) through   reference at 25
 Revision Checklist 206).          (d); 261,           Pa. Code,
                                   Appendix VII;       Sections 261a.1
                                   261, Appendix       and 268a.1(a).
                                   VIII; 268.20;
                                   268.21 through
                                   268.29; 268.40
                                   Table; and
                                   268.48(a) Table.
Testing and Monitoring            40 CFR 260.11;      25 Pa. Code,
 Activities: Methods Innovation    260,21(d);          Section
 Rule and SW-846 Update IIIB (06/  260.22(d)(1)(i);    260a.3(e);
 14/05, 70 FR 34538; as amended    261.3(a)(2)(v)      Incorporated by
 08/01/05, 70 FR 44150; Revision   introductory        reference at 25
 Checklist 208).                   paragraph;          Pa. Code,
                                   261.21(a)(1);       Sections
                                   261.22(a)(1) &      260a.1(a),
                                   (a)(2);             261a.1,
                                   261.35(b)(2)(iii)   264a.1(a),
                                   (A) & (B);          265a.1(a),
                                   261.38(c)(7)        266a.20,
                                   introductory        268a.1(a) and
                                   paragraph; 261,     270a.1(a).
                                   Appendices I, II
                                   and III;
                                   264.190(a);
                                   264.314(c);
                                   264.1034(c)(1)(ii
                                   ), (c)(1)(iv),
                                   (d)(1)(iii) and
                                   (f);
                                   264.1063(d)(2);
                                   264, Appendix IX;
                                   265.190(a);
                                   265.314(d);
                                   265.1034(c)(1)(ii
                                   ), (c)(1)(iv),
                                   (d)(1)(iii) and
                                   (f);
                                   265.1063(d)(2);
                                   265.1081 ``Waste
                                   stabilization
                                   process'';
                                   265.1084(a)(3)(ii
                                   )(C),
                                   (a)(3)(iii),
                                   (b)(3)(ii)(C),
                                   (b)(3)(iii) and
                                   (c)(3)(i);
                                   266.100(d)(1)(ii)
                                   and (g)(2);
                                   266.102(b)(1);
                                   266.106(a);
                                   266.112(b)(1)
                                   introductory
                                   paragraph and
                                   (b)(2)(i); 266,
                                   Appendix IX;
                                   268.40(b); 268.40
                                   Table; 268.48
                                   Table; 268,
                                   Appendix IX;
                                   270.19(c)(1)(iii)
                                   and (iv);
                                   270.22(a)(2)(ii)(
                                   B);
                                   270.62(b)(2)(i)(C
                                   ), (b)(2)(i)(D),
                                   (c)(2)(i) and
                                   (c)(2)(ii).
Project XL Site-Specific          40 CFR              25 Pa. Code,
 Rulemaking for the Ortho-McNeil   261.4(b)(17).       Section
 Pharmaceutical, Inc. Facility                         260a.3(e);
 in Spring House, PA Involving                         Incorporated by
 On-Site Treatment of Mixed                            reference at 25
 Waste (06/27/05, 70 FR 36850).                        Pa. Code, Section
                                                       261a.1.
Revision of Wastewater Treatment  40 CFR              25 Pa. Code,
 Exemptions for Hazardous Waste    261.3(a)(2)(iv)(A   Section
 Mixtures (10/04/05, 70 FR         ), (a)(2)(iv)(B),   260a.3(e);
 57769; Revision Checklist 211).   (a)(2)(iv)(D),      Incorporated by
                                   (a)(2)(iv)(F) and   reference at 25
                                   (a)(2)(iv)(G).      Pa. Code, Section
                                                       261a.1.
National Emission Standards for   40 CFR 260.11(a)    25 Pa. Code,
 Hazardous Air Pollutants: Final   first sentence      Section
 Standards for Hazardous Air       and (c)(1);         260a.3(e);
 Pollutants for Hazardous Waste    264.340(b)(1)       Incorporated by
 Combustors (10/12/05, 70 FR       first sentence      reference at 25
 59401; Revision Checklist 212).   and (b)(5);         Pa. Code,
                                   265.340(b)(1)       Sections
                                   first sentence;     260a.1(a),
                                   266.100(b)(1)       264a.1(a),
                                   first sentence,     265a.1(a),
                                   (b)(3) and          266a.20 and
                                   (b)(4); 270.6;      270a.1(a).
                                   270.10(l);
                                   270.19(e) ;
                                   270.22
                                   introductory
                                   paragraph;
                                   270.24(d)(3);
                                   270.25(e)(3);
                                   270.32(b)(3);
                                   270.42(j)(1),
                                   (j)(2), (j)(3)
                                   and (k); 270.42
                                   Appendix I,
                                   Section L; 270.62
                                   introductory
                                   paragraph; 270.66
                                   introductory
                                   paragraph;
                                   270.235 section
                                   heading, (a)(1)
                                   introductory
                                   paragraph, (a)(2)
                                   introductory
                                   paragraph, (b)(1)
                                   introductory
                                   paragraph, (b)(2)
                                   and (c).
------------------------------------------------------------------------

    The Commonwealth is not seeking authorization for the following
RCRA revisions that occurred between July 30, 2003 and October 12,
2005, which address changes to the Federal recycled used oil, manifest,
mercury-containing equipment and standardized permit regulations and
the Project XL requirements for New York State Public Utilities.
---------------------------------------------------------------------------

    \2\A Revision Checklist is a document that addresses the
specific revisions made to the Federal regulations by one or more
related final rules published in the Federal Register. EPA develops
these checklists as tools to assist States in developing their
authorization applications and in documenting specific State analogs
to the Federal Regulations. For more information see EPA's RCRA
State Authorization Web page at http://www.epa.gov/osw/laws-regs/
state/index.htm.

------------------------------------------------------------------------
          Federal requirement                 Regulatory explanation
------------------------------------------------------------------------
68 FR 44659, 07/30/03 (Revision          Hazardous Waste Management
 Checklist 203).                          System; Identification and
                                          Listing of Hazardous Waste;
                                          Recycled Used Oil Management
                                          Standards.

70 FR 10776, 03/04/05, as amended on     Modification of the Hazardous
 June 16, 2005 (70 FR 35034) (Revision    Waste Manifest System.
 Checklist 207).
70 FR 29909, 05/24/05..................  Project XL Rulemaking Extension
                                          for New York State Public
                                          Utilities
70 FR 45508, 08/05/05 (Revision          Mercury-Containing Equipment.
 Checklist 209).
70 FR 53419, 09/08/05 (Revision          Standardized Permit for RCRA
 Checklist 210).                          Hazardous Waste Management
                                          Facilities.
------------------------------------------------------------------------

2. Miscellaneous Changes
    In addition to adopting the Federal program revisions discussed in
Section G.1, Pennsylvania has made various regulatory revisions to its
authorized program. Pennsylvania is seeking authorization for these
miscellaneous changes. These changes are categorized as follows: (a)
Redesignations and Corrections of Typographical Errors; (b)
Clarification of Ambiguous Requirements; (c) Changes to Manifest
Requirements; and (d) New Provisions Added for Clarification.
Regulatory citations annotated with an asterisk are deemed to be more
stringent than the Federal program. A further discussion of
Pennsylvania's miscellaneous regulatory changes is found in the
following application document for Pennsylvania: ``Pennsylvania Third
Supplemental Legal Statement for Final Authorization.''
(a) Redesignations and Corrections of Typographical Errors
    The Commonwealth provisions listed below were amended to correct
typographical errors or were merely redesignated. All of these changes
were made without affecting the stringency of the Commonwealth's
currently authorized program. EPA has evaluated the changes described
and has determined that they are consistent with and no less stringent
than the corresponding Federal regulations.
    Title 25, Pennsylvania Code (25 Pa. Code), Sec. Sec.  261a.3(a),
261a.5(b), 262a.12(b) introductory paragraph through
262a.12(b)(1)(iv)*, 262a.21(a), 263a.20(a), 263a.20(b) introductory
paragraph, 263.20(b)(1), 265a.13(1) introductory paragraph, 270a.42(b),
270a.60(a) introductory paragraph, 270a.60(a)(2), 270a.60(b)(1)(iv)*,
270a.60(b)(5), 270a.62, 270a.66 and 270a.81(b)(5).
(b) Clarification of Ambiguous Requirements
    The Commonwealth has amended the following provisions in order to
clarify ambiguities identified through the implementation of the
regulations. Some of these amendments remove more stringent
requirements or leave previously more stringent provisions equivalent
to the federal program.
    25 Pa. Code, Sec. Sec.  260a.10 ``Treatment'', 262a.50,
264a.97(1)*, 264a.173(2)*, 265a.173(2)*, 265a.175 (Reserved),
270a.42(c)*, 270a.60(a)(1)*, 270a.83(a)(4), 270a.51(a),
270a.60(b)(2)(ii)*, 270a.60(b)(3)(ii)*, 270a.60(b)(4)(ii)* and
270a.60(b)(5)(ii)*.
(c) Changes to the Commonwealth's Manifest Requirements
    The Commonwealth provisions listed below contain new and amended
provisions that address the administration of the Pennsylvania
hazardous waste manifest program. Some of these new provisions are
additional requirements not found in the federal regulations and are
therefore more stringent.
    25 Pa. Code, Sec. Sec.  262a.20 introductory paragraph, 262a.20(1),
262a.21(b), 262a.23(a)(1), 262a.23(a)(2)*, 262a.23(a)(3),
262a.23(a)(4), 263a.12(3)*, 263a.20(b)(2), 263a.20(b)(3), 263a.21(2),
263a.21(3)*, 264a.71(1), 264a.71(3)*, 264a.71(4), 265a.71(1),
265a.71(3)* and 265a.71(4).
(d) New Provisions Added for Clarification
    The following provisions are new provisions that the Commonwealth
added to provide clarity on how the hazardous waste program operates or
to provide guidance on proper compliance methods. Some of these new
provisions increase the stringency of the hazardous waste program. 25
Pa. Code, Sec. Sec.  261a.3(b)*, 262a.11, 262a.12(b)(1)(v)*, 262a.34*,
262a.43 and 270a.51(b)-(d).

H. Where Are the Revised Pennsylvania Rules Different From the Federal
Rules

1. Pennsylvania Requirements That Are Broader in Scope Than the Federal
Program
    The Pennsylvania hazardous waste program contains certain
provisions that are beyond the scope of the Federal program. The
following provisions from the December 20, 2002 amendments to the
Commonwealth's regulations are new and amended provisions that are
broader in scope than the federal hazardous waste program.
    25 Pa. Code, Sec. Sec.  263a.12(1) & (2), 263a.13, 263a.24(b),
263a.26(c), 270a.3, and 262a.12(b)(2).
    These broader in scope provisions are not part of the program being
authorized by today's action. EPA cannot enforce requirements that are
broader in scope, although compliance with such provisions is required
by Pennsylvania law. A further discussion of Pennsylvania's broader in
scope provisions is found in the following application document for
Pennsylvania: ``Pennsylvania Third Supplemental Legal Statement for
Final Authorization.''
2. Pennsylvania Requirements That Are More Stringent Than the Federal
Program
    The Pennsylvania hazardous waste program contains some provisions
that are more stringent than is required by the RCRA program as
codified in the July 1, 2004 edition of title 40 of the Code of Federal
Regulations (CFR), as amended through October 12, 2005. These more
stringent provisions are being recognized as a part of the Federally
authorized program. The specific more stringent provisions are noted in
Section G.2.

I. Who Handles Permits After This Authorization Takes Effect?

    After authorization, Pennsylvania will issue permits for all the
provisions for which it is authorized and will administer the permits
it issues. EPA will continue to administer any RCRA hazardous waste
permits or portions of permits that we issued prior to the effective
date of this authorization. Until such time as formal transfer of EPA
permit responsibility to Pennsylvania occurs and EPA terminates its
permit, EPA and Pennsylvania agree to coordinate the administration of
permits in order to maintain consistency. We will not issue any more
new permits or new portions of permits for the provisions listed in
Section G after the effective date of this authorization. EPA will
continue to implement and issue permits for HSWA requirements for which
Pennsylvania is not yet authorized.

J. How Does This Action Affect Indian Country (18 U.S.C. 115) in
Pennsylvania

    Pennsylvania is not seeking authorization to operate the program on

Indian lands, since there are no Federally recognized Indian lands in
Pennsylvania.

K. What Is Codification and Is EPA Codifying Pennsylvania's Hazardous
Waste Program as Authorized in This Rule

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized State rules in 40 CFR part 272. We reserve the amendment
of 40 CFR part 272, subpart NN, for this authorization of
Pennsylvania's program revisions until a later date.

L. Administrative Requirements

    The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this
action would not significantly or uniquely affect the communities of
Tribal governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). In any case, Executive Order 13175 does not apply to
this rule since there are no Federally recognized tribes in the
Commonwealth of Pennsylvania.
    This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely authorizes State
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant and it does not make decisions based on
environmental health or safety risks that may disproportionately affect
children. This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
    Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 3701, et seq.) do not apply. As
required by section 3 of Executive Order 12988 (61 FR 4729, February 7,
1996), in issuing this rule, EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. EPA has
complied with Executive Order 12630 (53 FR 8859, March 18, 1988) by
examining the takings implications of the rule in accordance with the
Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings issued under the executive
order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document 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 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); this
action will be effective June 29, 2009.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: April 9, 2009.
William C. Early,
Acting Regional Administrator, EPA Region III.
[FR Doc. E9-9792 Filed 4-28-09; 8:45 am]

BILLING CODE 6560-50-P


<EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE
PETITIONS PUBLISHED IN THE FEDERAL REGISTER (11/19/2010)>

<EPA Registration Division contact: [Shaja Joyner (PM-20)<PHONE_NUMBER>]>

<INSTRUCTIONS:  Please utilize this outline in preparing the pesticide
petition.  In cases where the outline element does not apply, please
insert “NA-Remove” and maintain the outline. Please do not change
the margins, font, or format in your pesticide petition. Simply replace
the instructions that appear in green and brackets, i.e., “[insert
company name],” with the information specific to your action.>

<TEMPLATE:>

<[Syngenta Crop Protection]>

<[Insert petition number]>

<	EPA has received a pesticide petition ([insert petition number]) from
[Syngenta Crop Protection], [P. O. Box 18300, Greensboro, NC  27409]
proposing, pursuant to section 408(d) of the Federal Food, Drug, and
Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180.532.>

<(Options (pick one)>

<	1. by amending the tolerance for residues of>

<	[cyprodinil:  2-Pyrimidinamine, 4-cyclopropyl-6-methyl-N-phenyl-] in
or on the raw agricultural commodity [] at []

Nut, Tree, Group 14, at 0.10 part per million (ppm)

Almond, hulls, at 18.0 part per million

Upon approval of the aforementioned tolerances, it is proposed that 40
CFR 180.532 be amended to remove the established tolerances for the
residues of cyprodinil in or on the raw agricultural commodity:

Almond, at 0.02 part per million

Pistachio, at 0.10 part per million

EPA has determined that the petition contains data or information
regarding the elements set forth in section 408 (d)(2) of  FDDCA;
however, EPA has not fully evaluated the sufficiency of the submitted
data at this time or whether the data supports granting of the petition.
Additional data may be needed before EPA rules on the petition.>

<A. Residue Chemistry>

<1. Plant metabolism.  The metabolism of cyprodinil is adequately
understood for the purpose of the proposed tolerances.  The metabolism
of cyprodinil has been characterized in plants and animals. No
toxicologically significant metabolites have been identified. The
metabolism profile supports the use of an analytical enforcement method
that accounts for only parent cyprodinil.

>

<2. Analytical method. Syngenta Crop Protection has developed and
validated analytical methodology for enforcement purposes. This method
(Syngenta Crop Protection Method AG-631B) has passed an Agency petition
method validation for several commodities and is currently the
enforcement method for cyprodinil. An extensive database of method
validation data using this method on various crop commodities is
available.

>

<3. Magnitude of residues. Complete residue data to support the
requested tolerances have been submitted. The requested tolerances are
adequately supported.

In support of the requested tolerance, ten crop-field trials were
conducted in accordance with the requirements of the EPA Residue
Chemistry Guidelines 860.1500 to determine the magnitude of residue of
cyprodinil in or on tree nuts.  Cyprodinil was applied in four
applications at a rate of 0.5 lb cyprodinil/A per application with a
retreatment interval of 14 days.  The raw agricultural commodities of
tree nuts, i.e., almond hulls, almond nutmeat, and pecan nutmeat, were
harvested at typical commercial maturity, which approximated a
pre-harvest interval (PHI) of 14 days.  Site Selection and number of
trials were determined to satisfy the requirements listed in OPPTS
860.1500, Crop Field Trials – Required Number of Field Trials for Crop
Groups and  – Suggested Distribution of Field Trials by Region for
Crops.  Pecan trials were conducted accordingly - 2 trials located in
Region 2, 1 trial in Region 4, 1 trial in Region 6, 1 trial in Region 8,
and for almonds 5 trials were conducted in Region 10.  Trial parameters
included concentrate and dilute cover sprays, simulation of aerial
application, the use of an adjuvant, and residue decline.  Tree nut
samples were collected 14 days after application.  The highest averaged
field trial residue (HAFT) level of cyprodinil resulting from a seasonal
rate of 2.0 lb cyprodinil/A was 9.5 ppm in almond hulls, 0.044 ppm in
almond nutmeat, and 0.015 ppm in pecan nutmeat for a 14 day PHI.  In
the current study, samples of almond hulls, almond nutmeat, and pecan
nutmeat were stored frozen from sampling to extraction for a maximum of
10 months.  A storage stability study was conducted to determine the
stability of cyprodinil (CGA219417) in or on almond hulls and nutmeat
fortified at 1.0 mg/kg and stored frozen at -20ºC ± 10 ºC.

B. Toxicological Profile>

<>

An assessment of toxic effects caused by cyprodinil is discussed in Unit
III.A. and Unit III.B. of the Federal Register dated June 22, 2001 (66
FR 33478) (FRL-6778-7).

The technical cyprodinil product is classified in toxicity categories
III & IV [CAUTION] based on acute oral, dermal, inhalation toxicity and
eye/skin irritation studies. The formulated end use products are also
classified in toxicity categories III & IV [CAUTION] based on similar
studies.

<1. Acute toxicity.  The acute toxicity data of cyprodinil show that
this chemical is >not acutely toxic by the oral, inhalation and dermal
routes of exposure. Technical cyprodinil, however, is a dermal
sensitizer.

<2. Genotoxicty. Cyprodinil was shown to be negative in studies for>
point mutation, for chromosome aberration, and for DNA repair.  These
results indicate that cyprodinil is unlikely to initiate cancer or cause
inheritable genetic defects.

<3. Reproductive and developmental toxicity.  >Reproductive Toxicity:
In a two-generation reproduction study in rats, the NOEL for maternal
systemic toxicity is 1000 ppm and the NOEL for reproductive toxicity is
1000 ppm.  Developmental Toxicity:  Cyprodinil is not teratogenic. In
the rabbit developmental toxicity study, no developmental toxicity was
noted even at the highest dose tested (HDT) of 400 mg/k. In the rat
developmental toxicity study, the developmental and maternal NOELs were
both 200 mg/kg based on reduced ossification and body weight in pups and
decreased food consumption/weight gain in dams at 1000 mg/kg (HDT).

<4. Subchronic toxicity. Subchronic Oral Toxicity: In subchronic
studies, the lowest NOEL is 50 ppm based on a rat study.  Subchronic
Dermal Toxicity: For female rats receiving dermal applications of
cyprodinil; NOEL was 5 mg/kg/.day; the NOEL for the male rats in this
study is 125 mg/kg/day.

>

<5. Chronic toxicity. Chronic Oral Toxicity: Two chronic studies found
NOELs of 75 ppm in a 24-month rat study and 2500 ppm in a one-year
Beagle study. Neither study found evidence of carcinogenicity for
cyprodinil.

>

<6. Animal metabolism. The metabolism of cyprodinil in rats is
adequately understood.

                                            >

<7. Metabolite toxicology. The residue of concern for tolerance setting
purposes is the parent compound. The EPA has reviewed the hazard profile
of the pryimidine metabolites (CGA-249287, NOA-422054) of cyprodinil.
EPA has concluded that the toxicity of the CGA-249287 and NOA-422054
metabolites is no greater than that of the parent.

>

<8. Endocrine disruption. Cyprodinil does not belong to a class of
chemicals known or suspected of having adverse effects on the endocrine
system. Developmental toxicity studies in rats and rabbits and a
reproduction study in rats gave no indication that cyprodinil might have
any effects on endocrine function related to development and
reproduction. The chronic studies also showed no evidence of a long-term
effect related to the endocrine system.

>

<C. Aggregate Exposure>

<1. Dietary exposure. Tier III acute and chronic dietary exposure
evaluations were performed for cyprodinil using the Dietary Exposure
Evaluation Model (DEEM-FCIDTM, version 2.16) from Exponent.  These
cyprodinil exposure assessments included all current and pending uses
and proposed uses on tree nuts (14-day PHI).  These assessments utilized
residue data from field trials where cyprodinil was applied at the
maximum intended use rate and samples were harvested at the minimum
pre-harvest interval (PHI) to obtain maximum residues.  Empirically
derived processing factors for apple juice (0.39X), apple pomace
(5.22X), grape juice (0.29X), dried prune (2.05X), tomato puree (0.52X),
and tomato paste (2.3X) were used in these assessments.  All other
processing factors used the DEEM-FCIDTM Version 7.87 defaults.  All
consumption data for these assessments was taken from the USDA’s
Continuing Survey of Food Intake by individuals (CSFII) with the 1994-96
consumption database and the Supplemental CSFII children’s survey
(1998) consumption database.  The percent of crop treated value was
assumed to be 100% for all commodities.  Secondary residues in beef
liver and kidney were estimated based on “maximum reasonably balanced
diets” and transfer information from feeding studies.

>

<i. Food.  Acute exposure.  The acute dietary (food only) risk
assessment for females 13-49 years old (the only population subgroup for
which an acute toxicological endpoint has been established) was
performed using an acute reference dose (aRfD) of 1.5 mg/kg-bw/day,
based upon a rabbit study with a no observed adverse effect level
(NOAEL) of 150 mg/kg-bw/day and an uncertainty factor (UF) of 100X for
intra- and inter-species variations; no additional FQPA safety factor
was applied.  For the purpose of the aggregate risk assessment, the
exposure value was expressed in terms of margin of exposure (MOE), which
was calculated by dividing the NOAEL by the exposure for each population
subgroup.  In addition, exposure was expressed as a percent of the acute
reference dose (%aRfD).  Acute food exposure to the females 13-49 years
subpopulation resulted in a MOE of 3,517 (2.8% of the aRfD of 1.5
mg/kg-bw/day).  Since the Benchmark MOE for this assessment was 100 and
since the EPA generally has no concern for exposures below 100% of the
reference dose, Syngenta believes that there is a reasonable certainty
that no harm will result from acute dietary (food) exposure to residues
arising from all current, pending, and proposed uses for cyprodinil.

Chronic exposure.  The chronic reference dose (RfD) for cyprodinil is
0.03 mg/kg-bw/day, based on a chronic rat study with a NOAEL of 2.7
mg/kg-bw/day and an uncertainly factor of 100X for intra- and
inter-species variations; no additional FQPA safety factor was applied.
For the purpose of the aggregate risk assessment, the exposure values
were expressed in terms of margin of exposure (MOE), which was
calculated by dividing the NOAEL by the exposure for each population
subgroup.  In addition, exposure was expressed as a percent of the
chronic reference dose (%cRfD).  Chronic food exposures to the U.S.
population resulted in a MOE of 1,015 (8.9% of the cRfD of 0.03
mg/kg-bw/day).  Chronic food exposures to the most sensitive
subpopulation (children 1 - 2 years old) resulted in a MOE of 347 (25.9%
of the cRfD of 0.03 mg/kg-bw/day).  Since the Benchmark MOE for this
assessment was 100 and since the EPA generally has no concern for
exposures below 100% of the reference dose, Syngenta believes that there
is a reasonable certainty that no harm will result from chronic dietary
(food) exposure to residues arising from all current, pending, and
proposed uses for cyprodinil.

>

<ii. Drinking water. The Estimated Drinking Water Concentrations (EDWCs)
of cyprodinil and its degradate CGA249287, reported as combined total
residues (cyprodinil plus CGA249287), were determined for the proposed
use on tree nuts using Tier l SCI-GROW (version 2.3), which estimates
pesticide concentrations in ground water and Tier II PRZM/EXAMS (PE
version 5.0) which estimates pesticide concentrations in surface water.
For ground water, the currently registered uses on almond and grapes and
proposed use on tree nuts provided the highest combined EDWC of 0.1076
ppb (acute and chronic).   For surface water, the grape (aerial) use
provided the highest combined EDWCs of 39.417 ppb for acute and
22.691ppb for chronic.  The surface water EDWCs have been corrected for
a 0.87 PCA factor.   Since the surface water EDWCs exceed the ground
water EDWC, the surface water values will be used for risk assessment
purposes and considered protective for any ground water exposure
concerns.

Acute Exposure from Drinking Water:  The acute EDWC of 39.417 ppb
(0.039417 ppm) was incorporated with food residues as “water, direct
and indirect, all sources” directly into the DEEM-FCID™ software to
model the aggregate (food and water) exposures.  The acute drinking
water exposure contributions at the 99.9th percentile of exposures were
determined by taking the difference between the aggregate (food +
drinking water) exposures and the food (only) exposures for each
population subgroup.  Acute drinking water exposure at the 99.9th
percentile for females (13-49 years), the only population subgroup for
which an acute toxicological endpoint has been established, resulted in
a MOE of 211,566 (<0.1% of the aRfD of 1.5 mg/kg-bw/day).  Since the
Benchmark MOE for this assessment was 100, and since the EPA generally
has no concern for exposures below 100% of the reference dose, Syngenta
believes that there is a reasonable certainty that no harm will result
from acute drinking water exposure to residues arising from all current,
pending, and proposed uses for cyprodinil.

nd indirect, all sources” directly into the DEEM-FCID™ software to
obtain chronic dietary (drinking water) exposures.  Chronic drinking
water exposure to the U.S. population resulted in a MOE of 5,645 (1.6%
of the RfD of 0.03 mg/kg-bw/day).  The most sensitive subpopulation was
all infants (<1 year old), with a MOE of 1,722 (5.2% of the RfD of 0.03
mg/kg-bw/day).  Since the Benchmark MOE for this assessment was 100 and
since the EPA generally has no concern for exposures below 100% of the
reference dose, Syngenta believes that there is a reasonable certainty
that no harm will result from chronic drinking water exposure to
residues arising from all current, pending, and proposed uses for
cyprodinil.

>

<2. Non-dietary exposure.  Cyprodinil is not currently registered for
any uses that would result in residential handler
(mixer/loader/applicator) exposure.  A new product label for
Palladium®, containing cyprodinil and fludioxonil, allows professional
applications to ornamental plants in residential settings.  No
post-application residential exposure assessment is required because
post-application exposure to adults and children from ornamental
applications is negligible.

>

<D. Cumulative Effects>

<Cumulative Exposure to Substances With a Common Mechanism of Toxicity.
Section 408(b)(2)(D)(v) 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”.  The EPA does not have, at this time,
available data to determine whether cyprodinil has a common mechanism of
toxicity with other substances or how to include this pesticide in a
cumulative risk assessment.  For the purposes of this tolerance action,
the EPA has not assumed that cyprodinil has a common mechanism of
toxicity with other substances.

>

<E. Safety Determination>

<1. U.S. population. An acute toxicological endpoint has not been
established for the U.S. population, so an acute exposure assessment was
not performed for the U.S. population.  The chronic aggregate exposure
analysis showed that exposure from all current and proposed cyprodinil
uses resulted in a MOE of 860 (10.5% of the cRfD of 0.03 mg/kg-bw/day)
for the U.S. population, which exceeds the Benchmark MOE of 100.  A
cancer exposure analysis was not performed, since there is no evidence
of human carcinogenic potential for cyprodinil.  Based on the
completeness and reliability of the toxicity data supporting these
petitions, Syngenta believes that there is a reasonable certainty that
no harm will result from aggregate exposure from all current and
proposed uses of cyprodinil.

>

<2. Infants and children. An acute toxicological endpoint has not been
established for infants and children, so an acute exposure assessment
was not performed for infants and children.  The chronic aggregate
exposure analysis showed that exposure from all established and proposed
cyprodinil uses resulted in a MOE of 318 (28.3% of the cRfD of 0.03
mg/kg-bw/day) for children 1-2 years old, which exceeds the Benchmark
MOE of 100.  A cancer exposure analysis was not performed, since there
is no evidence of human carcinogenic potential for cyprodinil.  Based on
the completeness and reliability of the toxicity data supporting these
petitions, Syngenta believes that there is a reasonable certainty that
no harm will result from aggregate exposure from all current and
proposed uses of cyprodinil.

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d reliability of the toxicity data supporting these petitions, Syngenta
believes that there is a reasonable certainty that no harm will result
from aggregate exposure from all current and proposed uses of
cyprodinil.

>

<F. International Tolerances>

<Codex maximum residue levels have been established for residues of
cyprodinil in or on almonds, apples, barley, beans (except broad bean
and soya bean), cucumbers, dried grapes (currants, raisins and
sultanas), eggplant, eggs, grapes, lettuce (head & leaf), meat &
meat-by-products, milk, onions (bulb), pears, peppers (sweet), poultry,
prunes, raspberries, squash (summer), stone fruits, straw and fodder of
cereal grains, strawberries, tomatoes, wheat, and wheat bran.

  >

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