[Federal Register: September 30, 2008 (Volume 73, Number 190)]
[Notices]
[Page 56869]
[DOCID:fr30se08-101]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold an Open Meeting on Wednesday, October
1, 2008 at 10 a.m., in the Auditorium, Room L-002.
    The subject matter of the Open Meeting will be:
    Item 1: The Commission will hear oral argument on an appeal by Gary
M. Kornman from an initial decision of an administrative law judge
barring him from associating with any broker, dealer, or investment
adviser. The law judge based her decision to impose associational bars
on Kornman's having been criminally convicted of making a false
statement to the Commission in violation of 18 U.S.C. 1001. Issues
likely to be considered include whether it is in the public interest to
bar Kornman from association with any broker, dealer, or investment
adviser.
    Item 2: The Commission will hear oral argument on an appeal by
Nature's Sunshine Products, Inc. (``Nature's Sunshine'') from an
initial decision of an administrative law judge. The law judge found
that Nature's Sunshine had violated Section 13(a) of the Securities
Exchange Act of 1934 and Exchange Act Rules 13a-1 and 13a-13 by failing
to file any annual report on Form 10-K since filing its Form 10-K for
the year ended December 31, 2004, and by failing to file any quarterly
report on Form 10-Q with financial statements that had been reviewed by
a registered independent public accounting firm since filing its Form
10-Q for the quarter ended June 30, 2005. Issues likely to be
considered include whether it is necessary or appropriate for the
protection of investors to revoke the registration of Nature's
Sunshine's common stock.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact: The Office of the
Secretary at<PHONE_NUMBER>.

    Dated: September 24, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-22830 Filed 9-29-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Notices]
[Pages 27271-27272]
[FR Doc No: 2012-11228]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Commercial Air
Tour Operator Reports

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew for full clearance an
information collection that has been granted emergency clearance. The
commercial air tour operational data provided to the FAA and NPS will
be used by the agencies as background information useful in the
development of air tour management plans and voluntary agreements for
purposes of meeting the mandate of the National Parks Air Tour
Management Act (NPATMA) of 2000.

DATES: Written comments should be submitted by July 9, 2012.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0750
    Title: Commercial Air Tour Operator Reports
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Request for full clearance of an information
collection that has been granted short-term emergency clearance.
    Background: The FAA Modernization and Reform Act of 2012 included
amendments to the National Parks Air Tour Management Act (NPATMA) of
2000. One of these amendments requires commercial air tour operators
conducting tours over national park units to begin reporting on the
number of operations they conduct and any such other information
prescribed by the FAA Administrator and the Director of the National
Park Service (NPS). The Administrator and Director have 90 days from
date of enactment of the FAA Modernization and Reform Act of 2012
(enacted February 14, 2012) to jointly issue an initial request for
reports and the specified frequency and format of these reports. OMB
granted emergency clearance of this information collection on April 25,
2012, expiring on October 31, 2012.
    Respondents: Approximately 75 air tour operators.
    Frequency: Information is collected quarterly, or annually for park
units with fewer than 50 tours per year.
    Estimated Average Burden per Response: 11.66 hours.
    Estimated Total Annual Burden: 3,300 hours.

ADDRESSES: Send comments to the FAA at the following address: Ms. Kathy
DePaepe, Room 126B, Federal Aviation Administration, AES-200, 6500 S.
MacArthur Blvd., Oklahoma City, OK 73169.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency

will summarize and/or include your comments in the request for OMB's
clearance of this information collection.

    Issued in Washington, DC on May 3, 2012.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer IT Enterprises
Business Services Division, AES-200.
[FR Doc. 2012-11228 Filed 5-8-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 205 (Tuesday, October 23, 2012)]
[Rules and Regulations]
[Pages 64722-64724]
[FR Doc No: 2012-26003]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0803]
RIN 1625-AA00

Safety Zone: Leukemia & Lymphoma Light the Night Walk Fireworks
Display; Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone on the
Willamette River between the Steele Bridge and the Burnside Bridge on
October 27, 2012 from 6:30 p.m. (P.D.T.) to 7:30 p.m. (P.D.T.). This
safety zone is necessary to ensure the safety of the maritime public
during a fireworks display, and will do so by prohibiting unauthorized
persons and vessels from entering the safety zone unless authorized by
the Sector Columbia River Captain of the Port (COTP) or his designated
representative.

DATES: This rule is effective from 12:01 a.m. until 11:59 p.m. on
October 27, 2012. This rule will be enforced from 6:30 p.m. to 7:30
p.m. on October 27, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0803]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email, ENS Ian McPhillips, Waterways Management Division,
Marine Safety Unit Portland, U.S. Coast Guard; telephone (503) 240-
9319, email<EMAIL_ADDRESS>If you have questions on viewing or
submitting

material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
for this rule because to do so would be impracticable since the event
will have taken place by the time the notice could be published and
comments taken. Coast Guard Marine Safety Unit Portland, OR received
information regarding this event September 14, 2012, more than 5,000
people are anticipating this event to commence as scheduled, and
rescheduling is not an option.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register for the reasons described above.
Allowing 30 days for the rule to take effect would be impracticable.

B. Basis and Purpose

    The Captain of the Port has been delegated the authority to
establish safety zones for safety or environmental purposes in 33 CFR
160.5.
    A fireworks display creates hazardous conditions for vessels in the
area and the people onboard those vessels due to loud noises, falling
debris, and explosions, as well as potential heavy vessel traffic
congregating near the display.
    To protect mariners and spectators from the hazards described
above, a safety zone is needed to help improve the safety of the
maritime public in the area during the fireworks display by prohibiting
persons and vessels from entering areas where the risks associated with
the fireworks display are present.

C. Discussion of the Rule

    This rule establishes a temporary safety zone in the Sector
Columbia River Captain of the Port Zone. The safety zone will be
established on the Willamette River from shore to shore between the
Steele Bridge and the Burnside Bridge, and will be enforced during the
Leukemia & Lymphoma Light the Night Walk fireworks display from 6:30
p.m. (P.D.T.) to 7:30 p.m. (P.D.T.) on October 27, 2012. All persons
and vessels will be prohibited from entering the safety zone during
this time unless authorized by the Sector Columbia River Captain of the
Port or his designated representative.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The Coast Guard has made
this determination because the safety zone created by this rule will
not significantly affect the maritime public as vessels may still
transit the zone with prior authorization from the Coast Guard.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule would affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of the Willamette River from 6:30 p.m.
(P.D.T.) to 7:30 p.m. (P.D.T.) on October 27, 2012.
    This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
safety zone would be activated, and thus subject to enforcement, for
only 1 hour in the evening. Although the safety zone would apply to the
entire width of the river, traffic would be allowed to pass through the
zone with the permission of the Captain of the Port. Before the
activation of the zone, we will issue maritime advisories widely
available to users of the river.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER

INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone
around the fall out area of a fireworks display. This rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. An environmental analysis
checklist supporting this determination and a Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T13-231 to read as follows:

Sec.  165.T13-231  Safety Zone; Leukemia & Lymphoma Light the Night
Walk Fireworks Display; Willamette River, Portland, OR.

    (a) Location. The following area is a safety zone: All waters of
the Willamette River at Portland, OR, bounded by the Steele Bridge to
the north, the Burnside Bridge to the south, and the shoreline to the
east and west.
    (b) Regulations. In accordance with the general regulations in
Sec.  165.23 if this part, no person or vessel may enter or remain in
this zone unless authorized by the Captain of the Port or his
designated representatives.
    (c) Enforcement period. This section will be enforced October 27,
2012 from 6:30 p.m. (P.D.T.) to 7:30 p.m. (P.D.T.).

    Dated: October 11, 2012.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2012-26003 Filed 10-22-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Notices]
[Page 38280]
[FR Doc No: 2019-16776]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3416-EM; Docket ID FEMA-2019-0001]

Louisiana; Amendment No. 2 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of an emergency declaration for
the State of Louisiana (FEMA-3416-EM), dated July 11, 2019, and related
determinations.

DATES: This amendment was issued July 18, 2019.

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: Notice is hereby given that the incident
period for this emergency is closed effective July 15, 2019.

    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.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-16776 Filed 8-5-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: February 27, 2008 (Volume 73, Number 39)]
[Rules and Regulations]
[Page 10383-10390]
[DOCID:fr27fe08-5]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-TX-0015; FRL-8532-1]

Approval and Promulgation of Air Quality Implementation Plans;
Texas; Revisions To Control Volatile Organic Compound Emissions;
Volatile Organic Compound Control for El Paso, Gregg, Nueces, and
Victoria Counties and the Ozone Standard Nonattainment Areas of
Beaumont/Port Arthur, Dallas/Fort Worth, and Houston/Galveston

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving certain control measures adopted by the State
of Texas on the following dates: September 7, 2001, July 18, 2002,
January 28, 2003, November 7, 2003, and December 17, 2004. The effect
of this action is to finalize the proposed approval of these measures
published on September 28, 2006 in the Federal Register (71 FR 56920)
because they enhance the Texas VOC Reasonably Available Control
Technology (RACT) State Implementation Plan (SIP) by improving volatile
organic compound (VOC) emission controls in Texas. This action is being
taken under Section 110(l) and part D of the Clean Air Act.

DATES: This rule will be effective on March 28, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2005-TX-0015. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the Air
Planning Section (6PD-L), Environmental Protection Agency, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733. The file will be made
available by appointment for public inspection in the Region 6 FOIA
Review Room between the hours of 8:30 a.m. and 4:30 p.m. weekdays
except for legal holidays. Contact the person listed in the FOR FURTHER
INFORMATION CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER>
to make an appointment. If possible, please make the appointment at
least two working days in advance of your visit. There will be a 15
cents per page fee for making photocopies of documents. On the day of
the visit, please check in at the EPA Region 6 reception area at 1445
Ross Avenue, Suite 700, Dallas, Texas.

FOR FURTHER INFORMATION CONTACT: Ellen Belk, Air Planning Section,
(6PD-L), Environmental Protection Agency (EPA), Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone number: (214)
665-2164; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Comments Received on EPA's Proposal and EPA's Response
III. Final Action
IV. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us, or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Texas mean the State of Texas, unless the
context indicates otherwise.

I. Background

    On September 7, 2001, July 18, 2002, January 28, 2003, November 7,
2003, and December 17, 2004, the State of Texas submitted revised rules
for incorporation into the Texas VOC RACT SIP. The SIP revisions
include additions and amendments to Title 30 of the Texas
Administrative Code, Chapter 115, Control of Air Pollution from
Volatile Organic Compounds (30 TAC 115).
    The State of Texas adopted these rules as revisions to the approved
SIP. The State rules (1) add new requirements to control VOC emissions
from industrial wastewater systems in El Paso County, the Beaumont/Port
Arthur and Houston/Galveston 8-hour ozone standard nonattainment areas,
and four counties in the Dallas/Fort Worth 8-hour ozone standard
nonattainment area: Collin, Dallas, Denton, and Tarrant Counties, and
(2) amend requirements to identify and correct emissions from VOC leaks
from facilities that refine petroleum or process natural gas, gasoline
or petrochemicals in these areas and from petroleum refineries in
Gregg, Nueces, and Victoria Counties.
    On September 28, 2006, we published (1) a direct final rule
approving revisions to Texas regulations to control VOC emissions and
making ministerial corrections to the table in 40 CFR 52.2270(c) (71 FR
56872) and (2) a proposal for the rule (71 FR 56920). The rule and
proposal stated that if any relevant adverse comments were received by
the end of the public comment period on October 30, 2006, the direct
final rule would be withdrawn and we would respond to the comments in a
subsequent final action. Relevant adverse comments were received during
the comment period, and the direct final rule was withdrawn on November
21, 2006 (71 FR 67311). Our September 28, 2006 proposal (71 FR 56920)
provides the basis for today's final action.

II. Comments Received on EPA's Proposal and EPA's Response

    EPA received one letter commenting on the September 28, 2006,
direct-final rule and proposal. The comments in the letter can be
placed in two categories: (1) Comment on leak repair, and (2) comment
on monitoring.

(1) Comment on Leak Repair

    Comment: The commenter stated that, while there are a number of
provisions strengthening controls of VOC monitoring and reporting
requirements in the proposal, there are also a number of provisions
that appear to weaken controls, and was concerned that these provisions
may result in the emission of additional VOCs, thereby further
jeopardizing reaching attainment in ozone nonattainment areas. The
commenter was concerned the provisions allowing additional time for
leak repair in situations involving installation of improved
technologies may result in significant emissions during the repair
delay. The specific revision of concern discussed fugitive emission
control requirements for delay of leak repairs (30 TAC 115.352). The
commenter stated that ``While the goal of this provision appears to be
encouraging installation of improved technologies to prevent future
leaks, * * * VOC emissions during the repair delay could be
significant.''
    Response: EPA agrees with the commenter that these rules include a
number of provisions improving controls of volatile organic compounds,
monitoring and reporting requirements, but disagrees with the commenter
that the revisions may result in increased VOC emissions that
jeopardize attainment. To the contrary, the revisions do not weaken
controls but provide for a more focused and targeted approach in the
VOC inspection and monitoring program taking into account safety and
better monitoring methods. The provisions allow delay of repair for
pumps, compressors, or agitators when an owner/operator chooses to
replace existing seal designs with upgraded technologies (30 TAC
115.352(2)(C)). When the repair of a pump, compressor, or agitator will
include an upgraded seal design, the repair must be completed as soon
as practicable, but not later than six months after the leak is
detected. Overall, this revision will result in fewer and smaller leaks
by winnowing out components that repeatedly leak.\1\ EPA's guidelines
for New Source Performance Standards and RACT allow for delay of
repair, recognizing the value of replacement of components that
repeatedly leak.\2,\\3\ It is recognized in the field that individual
leaks are not likely to become excessive due to considerations of
safety and product loss. Companies that choose to replace repeatedly
leaking components with the upgraded seal technologies that do not
continually leak will be able to have the time to install the better,
more effective

technology that results in fewer emissions in the long term, as opposed
to quickly repairing the equipment and continuing operation with less
effective methods of preventing leaks.
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    \1\ EPA Environmental Regulations and Technology, ``Fugitive VOC
Emissions in the Synthetic Organic Chemicals Manufacturing
Industry'', EPA-625/10-84-004, pages 15-16, 20.
    \2\ 40 CFR part 60, Subpart GGG.
    \3\ EPA Guideline Series, ``Control of Volatile Organic Compound
Leaks from Petroleum Refinery Equipment'', EPA-450/2-78-036, pages
1-2, 2-1, 2-2, and 6-5.
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(2) Comment on Monitoring

    Comment: The commenter was concerned about the revisions to
monitoring requirements for flanges, and questioned whether the
provisions for monitoring were a relaxation. The specific revision of
concern addressed monitoring for leaks (30 TAC 115.354 and 115.357) in
petroleum refining and petrochemical processing facilities. The
commenter was concerned that this revision relaxes monitoring
requirements and will allow VOC emissions to go undetected.
    Response: The monitoring provisions for flanges allow flanges to be
excluded from weekly sight, sound, or smell inspection requirements if
they are monitored at least once each calendar year using EPA Method
21, or if they are unsafe to inspect. If a flange is not safe to
inspect, then it must be inspected as soon as possible during a time
that it is safe to inspect. Annual monitoring of flanges with EPA
Method 21 is better for detecting leaks than weekly visual, audible,
and/or olfactory inspections since it is more sensitive and accurate in
identifying VOC leaks. The Method 21 instrument will detect not only
the leaks likely to be detected by sight, sound, and smell, but also
smaller leaks which may have previously been undetected by sight,
sound, and smell.\4\
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    \4\ 40 CFR part 60, Appendix A.
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    Overall, greater emission reductions are expected as a result of
annual monitoring with Method 21. Test Method 21 is a long established,
reproducible method which allows for the use of new technologies as it
does not mandate the use of a specific instrument.\5\ Safety
requirements are an inherent aspect of this Method. The Method
identifies the reagents, standards, and the calibration performance
evaluation procedures. The Method has been in use since May 1981.
Method 21 includes requirements for sample collection, preservation,
storage, custody, and transport requirements for reproducibility
purposes that enhance both the detection and enforcement aspects of the
program. The Method contains quality control measures that will ensure
precision and accuracy of instrument response to reference standard.
For these reasons, EPA disagrees that the monitoring provisions are a
relaxation of the rule. These monitoring provisions encourage
facilities to use the more sensitive and more accurate Method 21 for
inspecting for leaks, which will lead to better leak detection and
consequently, to reduced emissions.
---------------------------------------------------------------------------

    \5\ EPA-600/2081-022 Office of Research and Development prepared
by Industrial Environmental Research, RTP, NC 27711; and EPA-625/R-
92-003 Office of Technology Transfer, Seminar Publication Organic
Air Emissions from Waste Management Facilities.
---------------------------------------------------------------------------

III. Final Action

    We have carefully considered the comments received and still
believe we should approve the SIP revisions submitted by Texas. The
revisions enhance VOC emission controls. The control of VOC emissions
will help to attain and maintain the 8-hour national ambient air
quality standard (NAAQS) for ozone in Texas. Our approval of the
revisions will not interfere with any applicable requirement concerning
attainment or any other applicable requirement of the CAA in compliance
with the requirements of section 110(l) of the CAA. Under section
110(l) EPA may not approve a SIP revision if the revision would
interfere with any applicable requirement concerning attainment or any
other applicable requirement of the CAA, including RACT. This approval
will make the revised regulations federally enforceable. EPA is
approving the SIP revisions included in the submittals by the State of
Texas on (1) September 7, 2001, (2) July 18, 2002, (3) January 28,
2003, (4) November 7, 2003, and (5) December 17, 2004, pertaining to
control of VOC emissions. These SIP revisions were adopted by the State
of Texas on the following dates: (1) August 8, 2001, (2) April 26,
2002, (3) December 13, 2002, (4) October 22, 2003, and (5) December 1,
2004.
    We are also making ministerial corrections to the table in 40 CFR
52.2270(c) to reflect accurately previous approved SIP submittal dates,
Federal Register citations of EPA action and EPA approved State
regulations. The ministerial corrections revise the table entries for
sections 115.125, 115.146, 115.148, 115.162, 115.163, 115.164, and
115.165 to reflect EPA approval of these State regulations on December
20, 2000 (65 FR 79745) and July 16, 2001 (66 FR 36913). Table entries
for section 115.332 to 115.339, and section 115.342 to 115.349 are
being removed to reflect EPA approval of the repeal of these State
regulations on January 26, 1999 (64 FR 3841).

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason and because this action will not have a significant, adverse
effect on the supply, distribution, or use of energy, this action is
also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001). This action merely approves state
law as meeting Federal requirements and imposes no additional
requirements beyond those imposed by state law. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Because this rule
merely approves a state rule implementing a Federal standard, EPA lacks
the discretionary authority to modify today's regulatory decision on
the basis of environmental justice considerations.

    In reviewing SIP submissions under the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note), EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
In this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 28, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: February 13, 2008.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart SS--Texas

0
2. The table in Sec.  52.2270(c) entitled ``EPA Approved Regulations in
the Texas SIP'' is amended under Chapter 115 (Reg 5) as follows:
    a. By revising Subchapter B--General Volatile Organic Compound
Sources.
    b. By revising Subchapter D--Petroleum Refining and Petrochemical
Processes.
    c. By revising Subchapter F--Miscellaneous Industrial Sources.
    d. By revising Subchapter J--Administrative Provisions.
    The amendments read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

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

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                  Chapter 115 (Reg 5)--Control of Air Pollution From Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Subchapter B--General Volatile Organic Compound Sources
                                Division 1: Storage of Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Section 115.112..........  Control Requirements.     05/08/92  03/07/95, 60 FR 12438
Section 115.113..........  Alternate Control         04/26/02  02/27/08 [Insert FR
                            Requirements.                       page number where
                                                                document begins].
Section 115.114..........  Inspection                05/08/92  03/07/95, 60 FR 12438
                            Requirements.
Section 115.115..........  Approved Test Methods     05/08/92  03/07/95, 60 FR 12438
Section 115.116..........  Monitoring and            04/26/02  02/27/08 [Insert FR
                            Recordkeeping                       page number where
                            Requirements.                       document begins].
Section 115.117..........  Exemptions...........     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.119..........  Counties and              05/08/92  03/07/95, 60 FR 12438
                            Compliance Schedules.
----------------------------------------------------------------------------------------------------------------
                                          Division 2: Vent Gas Control
----------------------------------------------------------------------------------------------------------------
Section 115.120..........  Vent Gas Definitions.     12/13/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.121..........  Emission                  12/13/02  02/27/08 [Insert FR
                            Specifications.                     page number where
                                                                document begins].
Section 115.122..........  Control Requirements.     12/13/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.123..........  Alternate Control         12/13/02  02/27/08 [Insert FR
                            Requirements.                       page number where
                                                                document begins].

Section 115.125..........  Testing Requirements.     12/06/00  07/16/01, 66 FR 36913
Section 115.126..........  Monitoring and            12/13/02  02/27/08 [Insert FR
                            Recordkeeping                       page number where
                            Requirements.                       document begins].
Section 115.127..........  Exemptions...........     12/13/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.129..........  Counties and              12/13/02  02/27/08 [Insert FR
                            Compliance Schedules.               page number where
                                                                document begins].
----------------------------------------------------------------------------------------------------------------
                  Division 3: Control of Volatile Organic Compound Leaks from Transport Vessels
----------------------------------------------------------------------------------------------------------------
Section 115.131..........  Emission                  05/04/94  05/22/97, 62 FR 27964
                            Specifications.
Section 115.132..........  Control Requirements.     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.133..........  Alternate Control         04/26/02  02/27/08 [Insert FR
                            Requirements.                       page number where
                                                                document begins].
Section 115.135..........  Testing Requirements.     05/04/94  05/22/97, 62 FR 27964
Section 115.136..........  Monitoring and            04/26/02  02/27/08 [Insert FR
                            Recordkeeping                       page number where
                            Requirements.                       document begins].
Section 115.137..........  Exemptions...........     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.139..........  Counties and              04/26/02  02/27/08 [Insert FR
                            Compliance Schedules.               page number where
                                                                document begins].
----------------------------------------------------------------------------------------------------------------
                                        Division 4: Industrial Wastewater
----------------------------------------------------------------------------------------------------------------
Section 115.140..........  Industrial Wastewater     04/26/02  02/27/08 [Insert FR
                            Definitions.                        page number where
                                                                document begins].
Section 115.142..........  Control Requirements.     12/13/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.143..........  Alternate Control         12/13/02  02/27/08 [Insert FR
                            Requirements.                       page number where
                                                                document begins].
Section 115.144..........  Inspection and            12/13/02  02/27/08 [Insert FR
                            Monitoring                          page number where
                            Requirements.                       document begins].
Section 115.145..........  Approved Test Methods     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.146..........  Recordkeeping             10/27/99  12/20/00, 65 FR 79745
                            Requirements.
Section 115.147..........  Exemptions...........     12/13/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.148..........  Training Requirements     10/27/99  12/20/00, 65 FR 79745
Section 115.149..........  Counties and              12/13/02  02/27/08 [Insert FR
                            Compliance Schedules.               page number where
                                                                document begins].
----------------------------------------------------------------------------------------------------------------
                                   Division 5: Municipal Solid Waste Landfills
----------------------------------------------------------------------------------------------------------------
Section 115.152..........  Control Requirements.     05/04/94  05/22/97, 62 FR 27964
Section 115.153..........  Alternate Control         04/26/02  02/27/08 [Insert FR
                            Requirements.                       page number where
                                                                document begins].
Section 115.155..........  Approved Test Methods     05/04/94  05/22/97, 62 FR 27964
Section 115.156..........  Monitoring and            05/04/94  05/22/97, 62 FR 27964
                            Recordkeeping
                            Requirements.
Section 115.157..........  Exemptions...........     05/04/94  05/22/97, 62 FR 27964
Section 115.159..........  Counties and              04/26/02  02/27/08 [Insert FR
                            Compliance Schedules.               page number where
                                                                document begins].
----------------------------------------------------------------------------------------------------------------
                                           Division 6: Batch Processes
----------------------------------------------------------------------------------------------------------------
Section 115.160..........  Batch Process             12/13/02  02/27/08 [Insert FR
                            Definitions.                        page number where
                                                                document begins].
Section 115.161..........  Applicability........     12/13/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.162..........  Control Requirements.     12/06/00  07/16/01, 66 FR 36913
Section 115.163..........  Alternate Control         10/27/99  12/20/00, 65 FR 79745
                            Requirements.
Section 115.164..........  Determination of          12/06/00  07/16/01, 66 FR 36913
                            Emissions and Flow
                            Rates.
Section 115.165..........  Approved Test Methods     12/06/00  07/16/01, 66 FR 36913
                            and Testing
                            Requirements.
Section 115.166..........  Monitoring and            12/13/02  02/27/08 [Insert FR
                            Recordkeeping                       page number where
                            Requirements.                       document begins].
Section 115.167..........  Exemptions...........     12/13/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].

Section 115.169..........  Counties and              04/26/02  02/27/08 [Insert FR
                            Compliance Schedules.               page number where
                                                                document begins].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
              Subchapter D--Petroleum Refining, Natural Gas Processing, and Petrochemical Processes
            Division 1: Process Unit Turnaround and Vacuum-Producing Systems in Petroleum Refineries
----------------------------------------------------------------------------------------------------------------
Section 115.311..........  Emission                  04/26/02  02/27/08 [Insert FR
                            Specifications.                     page number where
                                                                document begins].
Section 115.312..........  Control Requirements.     12/13/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.313..........  Alternate Control         04/26/02  02/27/08 [Insert FR
                            Requirements.                       page number where
                                                                document begins].
Section 115.315..........  Testing Requirements.     05/08/92  03/07/95, 60 FR 12438
Section 115.316..........  Monitoring and            04/26/02  02/27/08 [Insert FR
                            Recordkeeping                       page number where
                            Requirements.                       document begins].
Section 115.317..........  Exemptions...........     05/08/92  03/07/95, 60 FR 12438
Section 115.319..........  Counties and              04/26/02  02/27/08 [Insert FR
                            Compliance Schedules.               page number where
                                                                document begins].
----------------------------------------------------------------------------------------------------------------
      Division 2: Fugitive Emission Control in Petroleum Refineries in Gregg, Nueces, and Victoria Counties
----------------------------------------------------------------------------------------------------------------
Section 115.322..........  Control Requirements.     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.323..........  Alternate Control         08/08/01  02/27/08 [Insert FR
                            Requirements.                       page number where
                                                                document begins].
Section 115.324..........  Inspection                05/08/02  03/07/95, 60 FR 12438
                            Requirements.
Section 115.325..........  Testing Requirements.     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.326..........  Recordkeeping             12/13/02  02/27/08 [Insert FR
                            Requirements.                       page number where
                                                                document begins].
Section 115.327..........  Exemptions...........     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.329..........  Counties and              08/08/01  02/27/08 [Insert FR
                            Compliance Schedules.               page number where
                                                                document begins].
----------------------------------------------------------------------------------------------------------------
 Division 3: Fugitive Emission Control in Petroleum Refining, Natural Gas/Gasoline Processing, and Petrochemical
                                     Processes in Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 115.352..........  Control Requirements.     12/01/04  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.353..........  Alternate Control         04/26/02  02/27/08 [Insert FR
                            Requirements.                       page number where
                                                                document begins].
Section 115.354..........  Monitoring and            12/01/04  02/27/08 [Insert FR
                            Inspection                          page number where
                            Requirements.                       document begins].
Section 115.355..........  Approved Test Methods     12/01/04  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.356..........  Recordkeeping             12/01/04  02/27/08 [Insert FR
                            Requirements.                       page number where
                                                                document begins].
Section 115.357..........  Exemptions...........     12/01/04  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.359..........  Counties and              12/01/04  02/27/08 [Insert FR
                            Compliance Schedules.               page number where
                                                                document begins].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Subchapter F--Miscellaneous Industrial Sources
                                           Division 1: Cutback Asphalt
----------------------------------------------------------------------------------------------------------------
Section 115.510..........  Cutback Asphalt           08/31/99  12/22/99, 64 FR 71670
                            Definitions.
Section 115.512..........  Control Requirements.     11/17/04  3/29/05, 70 FR 15769.
Section 115.513..........  Alternative Control       08/31/99  12/22/99, 64 FR 71670
                            Requirements.
Section 115.515..........  Testing Requirements.     08/31/99  12/22/99, 64 FR 71670
Section 115.516..........  Recordkeeping             11/17/04  3/29/05, 70 FR 15769.
                            Requirements.
Section 115.517..........  Exemptions...........     11/17/04  3/29/05, 70 FR 15769.  Ref 52.2299(c)(88).
Section 115.519..........  Counties and              11/17/04  3/29/05, 70 FR 15769.  Ref 52.2299(c)(88).
                            Compliance Schedules.
----------------------------------------------------------------------------------------------------------------

                               Division 2: Pharmaceutical Manufacturing Facilities
----------------------------------------------------------------------------------------------------------------
Section 115.531..........  Emission                  05/04/94  05/22/97, 62 FR 27964
                            Specifications.
Section 115.532..........  Control Requirements.     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.533..........  Alternate Control         04/26/02  02/27/08 [Insert FR
                            Requirements.                       page number where
                                                                document begins].
Section 115.534..........  Inspection                05/04/94  05/22/97, 62 FR 27964
                            Requirements.
Section 115.535..........  Testing Requirements.     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.536..........  Monitoring and            05/04/94  05/22/97, 62 FR 27964
                            Recordkeeping
                            Requirements.
Section 115.537..........  Exemptions...........     05/04/94  05/22/97, 62 FR 27964
Section 115.539..........  Counties and              04/26/02  02/27/08 [Insert FR
                            Compliance Schedules.               page number where
                                                                document begins].
----------------------------------------------------------------------------------------------------------------
                 Division 3: Degassing or Cleaning of Stationary, Marine, and Transport Vessels
----------------------------------------------------------------------------------------------------------------
Section 115.541..........  Emission                  04/26/02  02/27/08 [Insert FR
                            Specifications.                     page number where
                                                                document begins].
Section 115.542..........  Control Requirements.     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.543..........  Alternate Control         04/26/02  02/27/08 [Insert FR
                            Requirements.                       page number where
                                                                document begins].
Section 115.544..........  Inspection                05/04/94  05/22/97, 62 FR 27964
                            Requirements.
Section 115.545..........  Approved Test Methods     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.546..........  Monitoring and            04/26/02  02/27/08 [Insert FR
                            Recordkeeping                       page number where
                            Requirements.                       document begins].
Section 115.547..........  Exemptions...........     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.549..........  Counties and              04/26/02  02/27/08 [Insert FR
                            Compliance Schedules.               page number where
                                                                document begins].
----------------------------------------------------------------------------------------------------------------
                                   Division 4: Petroleum Dry Cleaning Systems
----------------------------------------------------------------------------------------------------------------
Section 115.552..........  Control Requirements.     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.553..........  Alternate Control         05/04/94  05/22/97, 62 FR 27964
                            Requirements.
Section 115.555..........  Testing Methods and       05/04/94  05/22/97, 62 FR 27964
                            Procedures.
Section 115.556..........  Recordkeeping             05/04/94  05/22/97, 62 FR 27964
                            Requirements.
Section 115.557..........  Exemptions...........     05/04/94  05/22/97, 62 FR 27964
Section 115.559..........  Counties and              04/26/02  02/27/08 [Insert FR
                            Compliance Schedules.               page number where
                                                                document begins].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                     Subchapter J--Administrative Provisions
                                     Division 1: Alternate Means of Control
----------------------------------------------------------------------------------------------------------------
Section 115.901..........  Insignificant             07/13/94  05/22/97, 62 FR 27964
                            Emissions.
Section 115.910..........  Availability of           04/26/02  02/27/08 [Insert FR
                            Alternate Means of                  page number where
                            Control.                            document begins].
Section 115.911..........  Criteria for Approval     04/26/02  02/27/08 [Insert FR
                            of Alternate Means                  page number where
                            of Control Plans.                   document begins].
Section 115.912..........  Calculations for          04/26/02  02/27/08 [Insert FR
                            Determining                         page number where
                            Alternate Means of                  document begins].
                            Control Reductions.
Section 115.913..........  Procedures for            04/26/02  02/27/08 [Insert FR
                            Alternate Means of                  page number where
                            Control Plan                        document begins].
                            Submittal.
Section 115.914..........  Procedures for an         04/26/02  02/27/08 [Insert FR
                            Alternate Means of                  page number where
                            Control Plan                        document begins].
                            Approval.
Section 115.915..........  Public Notice Format.     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.916..........  Review of Approved        04/26/02  02/27/08 [Insert FR
                            Alternate Means of                  page number where
                            Control Plans and                   document begins].
                            Termination of
                            Alternate Means of
                            Control Plans.
----------------------------------------------------------------------------------------------------------------

                                          Division 2: Early Reductions
----------------------------------------------------------------------------------------------------------------
Section 115.920..........  Applicability........     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.923..........  Documentation........     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
----------------------------------------------------------------------------------------------------------------
                              Division 3: Compliance and Control Plan Requirements
----------------------------------------------------------------------------------------------------------------
Section 115.930..........  Compliance Dates.....     04/26/02  02/27/08 [Insert FR
                                                                page number where
                                                                document begins].
Section 115.932..........  Congtrol Plan             04/26/02  02/27/08 [Insert FR
                            Procedure.                          page number where
                                                                document begins].
Section 115.934..........  Control Plan              04/26/02  02/27/08 [Insert FR
                            Deviation.                          page number where
                                                                document begins].
Section 115.936..........  Reporting Procedure..     11/10/93  05/22/97, 62 FR 27964
Section 115.940..........  Equivalency               04/26/02  02/27/08 [Insert FR
                            Determination.                      page number where
                                                                document begins].
Section 115.950..........  Use of Emissions          12/06/00  09/06/06, 71 FR 52698
                            Credits for
                            Compliance.
----------------------------------------------------------------------------------------------------------------

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

* * * * *
 [FR Doc. E8-3380 Filed 2-26-08; 8:45 am]

BILLING CODE 6560-50-P


              Foreign Purchaser Acknowledgement Statement (FPAS)
                                  Quick Guide

The United States Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) developed the Foreign Purchaser Acknowledgment Statement (PFAS) application to provide registrants an electronic option to create and submit `EPA Form 9600-026  -  FPAS via the Pesticide Submission Portal (PSP) in the Central Data Exchange (CDX).
This quick reference guide explains how to electronically submit a FPAS using the PSP. This guide assumes a user has a CDX account and is registered for the PSP program service. Please refer to the  PSP Registration Guide  for information on how to obtain a CDX account and register for PSP.

Exhibit 1-1 shows a screen capture of the `My CDX' screen:

Exhibit 1-1: `MyCDX' Screen  -  PSP Program Services
Navigation: Upon logging into the Central Data Exchange (CDX), users are navigated to the `MyCDX' screen. Select either the `Primary Submitter' or `Authorized Agent' role for the `PSP: Pesticide Submission Portal (Company Number Requests)' Program Service to access the Pesticide Submission Portal (PSP).
Note: If the selected role is associated with multiple organizations, chose the correct organization and select the `Proceed' button. Otherwise, navigation directly into PSP will occur.

Exhibit 1-2 shows a screen capture of how to navigate the PSP `Home' screen to access the FPAS application:

Exhibit 1-2: Pesticide Submission Portal `Home' Screen  -  Create FPAS Submission Option
Navigation: In the `Submissions and Tools' panel, select the `Foreign Purchaser Acknowledgment Statement' option in the first column, review the Paperwork Reduction Act Notice in the second column, and finally select the `Create Submission' button to navigate to the `Create Passphrase' screen and create a package.

Exhibit 1-3 shows a screen capture of the `Create Passphrase' screen:

Exhibit 1-3: `Create Passphrase' Screen
Navigation: Enter a passphrase in the `New Passphrase' field that is at least eight (8) characters long and does not contain special characters. Next, enter the same passphrase in the `Confirm Passphrase' field. Finally, select the `Next' button to navigate to the `Package Information' screen.
Important: The user who creates a submission is responsible for remembering the passphrase and only distributing it to authorized persons. OPP is unable to retrieve a passphrase or unlock a package if the passphrase is lost or forgotten. A new submission will need to be created when a passphrase is lost or forgotten. OPP suggests that each organization use the same passphrase for all submissions. A shared passphrase ensures that someone from the same organization can retrieve and/or complete the submission when the package creator is unavailable. A `Passphrase Hint' may be created to assist with passphrase recall.

Exhibit 1-4 shows a screen capture of the `Package Information' screen:

Exhibit 1-4: `Package Information' Screen
Navigation: Perform the following steps on the `Package Information' screen:
 First, enter a value in the `Package Name' field.
 Select the `Add Application' button (not pictured) to enable the applications panel.
 Select the `Foreign Purchaser Acknowledgment Statement' checkbox to display the available applications.
 Select the `Foreign Purchaser Acknowledgment Statement' and/or `Annual Summary' checkbox(es) to display a number box for the application type(s).
 Select the number of each `Foreign Purchaser Acknowledgment Statement' and/or `Annual Summary' to be included in the submission.
 Select the `Save' button.

Exhibit 1-5 shows a screen capture of the `Package Information' screen with one FPAS application added:

Exhibit 1-5: `Package Information' Screen Displaying FPAS Application
Navigation: Confirm that the correct number of `Foreign Purchaser Acknowledgment Statement' applications were added to the package and then select the `Next' button to navigate to the `Package Documents' screen.

Exhibit 1-6 shows a screen capture of the `Package Documents' screen:

Exhibit 1-6: `Package Documents' Screen
Navigation: Perform the following steps on the `Package Documents' screen to include an optional cover letter that applies to all `Foreign Purchaser Acknowledgment Statement' applications included in the submission:
 Select the `Add' button (not pictured).
 Upload a file by searching local drives or dragging and dropping the file into the upload area.
 Indicate whether the file contains Confidential Business Information (CBI).
 Select the `Save' button to attach the uploaded file to the package. A file is attached when it is displayed in the table at the top of the screen.
 Finally, select the `Next' button to navigate to the `Application Info' screen for the first application in the package.

Exhibit 1-7 shows a screen capture of the `Application Information' screen:

Exhibit 1-7: `Application Information' Screen
Navigation: Perform the following steps on the `Application Information' screen:
 Update the `Application Name,' if necessary.
 Enter the `Product Name' of the exported product.
 Finally, select the `Next' button to navigate to the `Application Documents' screen.

Exhibit 1-8 shows a screen capture of the `Application Documents' screen:

Exhibit 1-8: `Application Documents' Screen
Navigation: Perform the following steps on the `Application Documents' screen:
 Select the `Add' button (not pictured).
 Confirm that the values in the `Document Type' and `Document Sub-Type' fields are accurate. Note: The `Document Sub-Type' value should always match the application type.
 Upload a file by searching local drives or dragging and dropping the file into the upload area.
 Indicate whether the file contains CBI.
 Select the `Save' button to attach the uploaded file to the application. A file is attached when it is displayed in the table at the top of the screen.
 Finally, select the `Submit' button to begin the submission process.
Note: If there are additional applications in the package a `Next' button will display to navigate to the `Application Info' screen for the next application in the package in lieu of the `Submit' button.

Exhibit 1-9 shows a screen capture of the screens that comprise the PSP submission process:

Exhibit 1-9: PSP Submission Process Screen
Navigation: The PSP submission process includes steps to validate that a submission is complete, generate a PDF rendering of submitted data, and electronically sign the package submission. Follow these steps to complete the submission process:
 Review the information on the `Submitter Information' screen for accuracy and select the `Validate' button.
 If the package submission passes validation, select the `Continue' button on the `Validation' screen.
 Next, review the generated PDF rendering and select the `Sign, Encrypt, and Submit' button.
 Enter the required account credentials into the `eSignature Widget' and select the `Sign' button.
 Finally, a message indicating submission success will display. Select the `Finish' button to return to the PSP `Home' screen.


Overview of Imazalil Risk Assessment Introduction This document summarizes EPA's occupational and ecological risk findings for the pesticide imazalil, as presented fully in the documents, " Imazalil: HED Risk Assessment for the Reregistration Eligibility Decision ( RED) Document," dated February 7, 2002, and " Environmental Risk Assessment for the Reregistration of Imazalil," dated September 22, 1999. EPA's dietary risk assessment and tolerance reassessment for Imazalil can be found in the Tolerance Reassessment Decision document ( TRED) issued for Imazalil on July 12, 2002. The purpose of this overview is to help the reader understand the conclusions reached in the risk assessments by identifying the key features and findings of the assessments. This overview was developed in response to general comments from the public which indicated that EPA's risk assessments were difficult to understand, that they were too lengthy, and that it was not easy to compare the assessments for different chemicals due to the use of different formats.

The imazalil risk assessments and additional supporting documents are posted on EPA's Internet website ( http:// www. epa. gov/ pesticides/ imazalil. htm) and are available in the Pesticide Docket for public viewing. Meetings with stakeholders ( i. e., growers, extension officials, commodity group representatives, worker and environmental advocates, and other government officials) will be held to discuss the risk assessments, the identified risk and solicit input on risk mitigation strategies, if needed. This feedback will be used to complete the Reregistration Eligibility Decision ( RED) document, which will include the resulting risk management decisions. The Agency plans to conduct a close out conference call with interested stakeholders to describe the regulatory decisions presented in the RED.

The Agency is in the process of developing criteria for characterizing and testing endocrine disrupting chemicals and plans to implement an Endocrine Disruptor Screening Program. Imazalil will be reevaluated at that time and additional testing may be required. 2 Use Profile ° Fungicide ( systemic): Registered for post harvest treatment of citrus fruits, for seed treatment of barley and wheat prior to planting, and as a disinfectant in chicken hatcheries. There is also an import tolerance for bananas.

° Formulations: Formulated as impregnated material ( 14.9% active ingredient( ai)), liquid ( up to 31% ai), emulsifiable concentrate ( up to 68.25% ai), and flowable concentrate ( 10% ai).

° Methods of Application: Applied by seed treatment methods, drenches, smoke generators, fruit waxing equipment, and hand held equipment.

° Use Rates: For treating citrus, the maximum rate by wax treatment is 2,000 ppm ( 1.665 lb ai/ 100 gal). The seed treatment maximum application rate is 0.01008 lb ai/ 100 lb of seed ( slurry type seed treatment). In egg handling facilities ( hatchery and equipment), the maximum rates are 0.00032 lb ai/ 1,000 ft3 for spray and 0.022 lb ai/ 1,000 ft3 for smoke generator.

° Annual Poundage: Estimates for total annual domestic use averages approximately 6000 pounds of active ingredient. Crops with the highest percent crop treated are grapefruit 22%, tangerines 26%, lemons no storage 22%, pre storage 24%, and post storage 3%, and limes 50%. In terms of pounds applied, oranges, grapefruit, and lemons account for the greatest agricultural use.

° Registrants: Jansen Pharmaceutica ( basic producer) and Makhteshim Agan of North America.

Human Health Risk Assessment This section addresses occupational risk issues only. Please see the July 12, 2002 TRED to see the specifics of the Agency's tolerance reassessment decision for acute and chronic dietary, and drinking water risk. Since the July 12, 2002, TRED, the registrant conducted a study and submitted new data to address whether a linear low dose ( Q*) model or a threshold cancer model should be used to characterize the cancer risk for imazalil. The Agency reviewed the study and concluded the Q* model was most appropriate. The registrant indicated they will provide additional analysis and data on this issue during the Phase 5 comment period. There is the possibility that this additional data may result in a determination that a threshold cancer model is more appropriate. The Agency will consider their comments and adjust the cancer model if appropriate. 3 ° Imazalil is classified as " Likely to be carcinogenic in humans," according to EPA's July 1999 Draft Guidelines for Carcinogenic Assessment. Carcinogenicity studies in rodents indicate imazalil is carcinogenic to male Swiss albino mice and Wistar rats, based on a significant increase in liver adenomas and combined adenomas/ carcinomas. In rats, there was also an increased incidence of combined thyroid follicular cell adenomas/ carcinomas.

$ Based on current science policy and absent information supporting a mode of action in test animals, EPA quantified the human cancer risk by a linear low dose ( Q 1 *) extrapolation. The most potent unit risk, Q 1 *( mg/ kg/ day) 1 for imazalil based on male mouse liver adenoma and/ or carcinoma combined tumor rates is 6.1 x 10 2 ( mg/ kg/ day) 1 in human equivalents.

° Imazalil is a Toxicity Category I for primary eye irritation, Toxicity Category II for oral, Toxicity Category III for dermal, and Toxicity Category IV for inhalation.

° The primary target organ for imazalil toxicity in animals is the liver.

Occupational Risk ( For a complete discussion, see section 4.4 of the Human Health Risk Assessment)

Workers can be exposed to a pesticide while mixing and loading, or applying a pesticide, and entering a treated site. For non cancer risks, handlers and worker risks are measured by a Margin of Exposure ( MOE) which determine how close the occupational exposure comes to a No Observed Adverse Effect Level ( NOAEL) from animal studies. For imazalil, MOEs greater than 100 do not exceed the Agency's level of concern. The target for cancer risks is 1 x 10 6, however, the Agency is concerned with risks above 1 x 10 4. For risks between 1 x 10 6 and 1 x 10 4, the Agency will pursue risk mitigation where feasible. For workers entering a treated site, entry restrictions are calculated to determine the minimum length of time required before workers or others are allowed to re enter.

In the case of imazalil, dermal and inhalation risks are assessed separately since the toxicological endpoints for these exposures are not the same and Agency policy is to not aggregate the risks ( inhalation plus dermal) if the toxicological effects are not similar. Exposures to imazalil are expected to be short, intermediate and long term by dermal and/ or inhalation routes of exposure. Life time cancer risk is also calculated for the various scenarios.

$ For the short term dermal toxicity endpoint, the NOAEL of 160 mg/ kg/ day is based on skin effects and swollen livers from a 21 day dermal study in the rabbit. The LOAEL is 250 mg/ kg/ day.

° For estimating intermediate and long term dermal risks, EPA used oral animal studies in the absence of appropriate dermal toxicity studies. The dermal absorption factor is 40%, based upon the maximum blood concentration observed in a rat dermal absorptions study. This factor was used for converting dermal exposures to equivalent oral doses. ( A 4 comparison of oral and dermal toxicity studies suggests that the actual dermal absorption rate for imazalil may be lower; the apparent rate may be as low as 4% in the rabbit. Thus, the dermal absorption factor may over predict the amount of imazalil available to elicit a toxic response, making both the intermediate and long term dermal risks assessments conservative.)

° For the intermediate term dermal toxicity endpoint, the NOAEL of 16 mg/ kg/ day is based on severe liver effects at the oral LOAEL of 32 mg/ kg/ day from a 90 day feeding study in the rat.

° For the long term dermal toxicity endpoint, a NOAEL of 2.5 mg/ kg/ day is based on systemic toxicity, decreased body weight gain, increased liver weight and increased alkaline phosphates at the oral LOAEL of 20 mg/ kg/ day from the one year feeding study in the dog.

° For estimating short, intermediate and long term inhalation risks, EPA used oral animal studies in the absence of appropriate inhalation toxicity studies. EPA assumes 100% of the inhaled imazalil dose is absorbed by the body.

° For the short term inhalation toxicity endpoint, a NOAEL of 5 mg/ kg/ day is based on an increased incidence of reabsorption and decreased number of fetuses from a developmental toxicity study in rabbits where the LOAEL is 10 mg/ kg/ day.

° For the intermediate term and long term inhalation toxicity endpoints, a NOAEL of 2.5 mg/ kg/ day is based on the above one year feeding study in the dog.

° As described above, based on current science policy and absent information supporting a mode of action in test animals, EPA quantified the human cancer risk by a linear low dose ( Q 1 *) extrapolation. The most potent unit risk, Q 1 *( mg/ kg/ day) 1 for imazalil based on male mouse liver adenoma and/ or carcinoma combined tumor rates, is 6.1 x 10 2 ( mg/ kg/ day) 1 in human equivalents.

Occupational Handler Summary EPA identified 14 handler exposure scenarios resulting from mixing/ loading and applying ( liquid and dry) imazalil for seed treatment ( on farm and commercial seed treatment equipment); for citrus, mixing/ loading and applying various formulations with drenching, waxing and foaming equipment; and in chicken hatcheries, mixing/ loading and applying liquid formulation for high pressure handwand applications and applying/ lighting smoke canisters.

° No chemical specific exposure studies are available for the occupational assessment. Surrogate exposure data from the Pesticide Handler Exposure Database ( PHED) and other available data, were used to assess potential exposure for each scenario. 5 ° The following assumptions and factors were used for completing the occupational risk assessment:

° The average body weight of 70 kg is used, representing a typical adult. ° Exposure duration is assumed to be 35 years. This represents a typical working lifetime. ° A lifetime is assumed to be 70 years. ° The Q 1 * used in the cancer assessment was 6.11 x10 2 ( mg/ kg/ day) 1. ° Exposure frequencies used in the calculations are: 250 days for chicken hatcheries, 15 days for commercial seed treatment, 10 days on farm seed treatment, and 100 days for commercial citrus applicator.

Handler Risk Scenarios and Results The Agency evaluated 14 handler exposure scenarios, resulting from application of imazalil for seed treatment, citrus, and chicken hatcheries. The results of the non cancer short, intermediate and long term dermal and inhalation risk assessments show that all scenarios provide MOEs greater than or equal to 100 at baseline attire ( i. e., long pants, long sleeved shirts, no gloves), except for mixing/ loading liquid formulation for waxing equipment. With the addition of PPE, the MOE for this scenario is also much greater than 100. In this case, PPE is long pants, long sleeved shirts and chemical resistant gloves.

The results for cancer risk show that of the 14 scenarios evaluated with PPE, one scenario was 1.50 x 10 4 ( mixing, loading, applying for on farm seed treatment), two scenarios were in the 10 5 range ( mixing, loading, applying for both on farm and commercial seed treatment), and the remaining scenarios were in the 10 6 to 10 7 range. Most imazalil labels currently prescribe the following PPE for all handlers: long sleeved shirt and long pants, gloves, shoes, socks, and protective eye wear.

There was insufficient data for the Agency to quantify risks for the following 5 scenarios. ° Mix/ load of liquid with foaming equipment ° Application of liquid with drencher ° Application of liquid with foaming equipment ° Application of liquid with waxing equipment ° Application lighting and using smoke canister for chicken hatchery 6 Although the risks for these scenarios have not been quantified, the Agency does not believe there are risks of concern associated with these scenarios. EPA does not expect the risk for mixing and loading liquid for foaming equipment to be substantially different from mixing and loading liquid for waxing, which has acceptable risks. In the case of the application scenarios for the drenching, foaming and waxing, occupational exposure is unlikely because these operations are mechanically and remotely performed. Finally, the Agency did a very conservative risk assessment for handler risk from smoke generators containing imazalil. Even with these very conservative assumptions, the risks were acceptable with the use of an organic vapor respirator. EPA does not expect the risks to applicators lighting and using smoke canisters to be very different. The Agency will require data to confirm these conclusions.

Post Application Occupational Risk EPA has determined that there is potential exposure to workers handling citrus fruits after waxing or foaming, to persons working in egg handling facilities, and to persons handling treated seeds.

° For citrus, the main activities are sorting/ culling or packing of products following wax treatment. The Agency has no data specifically addressing the exposure from those activities. Exposure estimates for citrus in the risk assessment were derived from residue chemistry data, surface area calculations, and a reentry study for citrus found in the scientific literature.

$ For non cancer effects, risk from handling citrus was not of concern for intermediate term effects at baseline protection of ( long pants, long sleeved shirt, no gloves).

$ For cancer, the estimated lifetime cancer risk for citrus workers exposed to imazalil in post treatment was estimated to be 6.68 x 10 4 under the baseline exposure scenario. With the addition of protective gloves, risks are in the range 10 5 to 10 7.

$ Citrus exposure estimates are considered very conservative because ( 1) although imazalil is usually part of a wax matrix which substantially impedes transfer to the skin, it was assumed that all of the imazalil on the treated surface could be transferred to the skin; and ( 2) the transfer coefficients for the hands were obtained from a field study in which contact with contaminated foliage was highly probable; a conveyor belt treatment line would be unlikely to have such a high degree of contact ( exposure would likely be restricted to fingertips only).

$ Given the nature of the activities at egg handling facilities as described in February 7, 2002, Human Health Risk Assessment, EPA believes that there is minimal risk involved in dermal or inhalation exposure to imazalil in chicken hatcheries; therefore no postapplication inhalation or dermal risk assessment was performed for reentry following smoke generator or spraying applications in chicken factories.

$ Post application exposure to imazalil from treated seeds following soil incorporation is 7 considered to be negligible as long as the soil is not directly contacted. Farmers handling treated seed which has been stored for an indefinite time before use, represented a minimal exposure hazard to the handler and is not a risk of concern.

Ecological Risk To estimate potential ecological risk, EPA integrates the results of exposure and ecotoxicity studies using the quotient method. Risk quotients ( RQs) are calculated by dividing exposure estimates by ecotoxicity values, both acute and chronic, for various wildlife species.

RQs are then compared to levels of concern ( LOCs). Generally, the higher the RQ, the greater the potential risk. Risk characterization provides further information on the likelihood of adverse effects occurring by considering the fate of the chemical in the environment, and species potentially at risk, their spatial and temporal distributions and the nature of the effects observed in studies.

Environmental Fate and Transport ° Imazalil is moderately water soluble, very stable to hydrolysis, photodegrades relatively rapidly, degrades very slowly in soil under aerobic conditions, is immobile in soils, is not expected to volatilize, and has a high octanol water partition coefficient.

° Based on the above environmental fate properties, and with consideration of the product formulations, the application methods, and the application rates, EPA believes that the immobile and relatively persistent parent compound is not likely to be found in significant concentrations in the environment.

Terrestrial Organism Risk ° Based on the available data, imazalil is practically nontoxic to slightly toxic to birds, and moderately toxic to rats following acute exposure. A chronic toxicity study with mallard ducks indicated effects on embryo viability and hatchability, while body weight loss was observed with bobwhite quails. In the two generation rat chronic study, effects on body weight and litter size were observed.

° On the basis of risk quotients, imazalil use at the recommended application rates will not result in an acute or chronic risk to either avian or mammal species. No LOCs were exceeded due to the low application rate and minimal exposure.

Aquatic Organism Risk 8 ° Imazalil is moderately toxic to both freshwater fish and invertebrates in terms of acute toxicity.

° On the basis of risk quotients, imazalil did not exceed any of the Agency's levels of concern for freshwater organisms. No acute levels of concern for freshwater organisms were exceeded due to the extremely low exposure, which is attributable to the low application rate ( 0.01 lb ai/ A) and the seed treatment end use ( only 1% residue left on soil surface)

° Because of the extremely low exposure to freshwater organisms, acute toxicity testing for estuarine aquatic organisms and all chronic testing have been waived.

Incident Data ° There are no fish or wildlife incident reports regarding imazalil in EPA's Ecological Incident Information System.

Endangered Species ° None of imazalil RQ values for endangered species exceed Levels of Concern for either terrestrial or aquatic non target organisms. The risk quotients for freshwater fish and invertebrate values are 0.00005 and 0.00002, respectively. This is well below the L0C ( Level of Concern) value of 0.05. The RQ values for avian and mammal species are both < 0.01 and also well below the LOC of 0.05.

Summary of Pending Data The following confirmatory data requirements have been initially identified by the Agency:

Toxicology Data for OPPTS Guidelines:

° 870.6300 Developmental Neurotoxicity in Rats ° 870.6200 Acute Neurotoxicity Study in Rats ° 870.6200 Subchronic Neurotoxicity Study in rats Product and Residue Chemistry Data for OPPTS Guidelines:

° 860.1340 Residue analytical Method  Animal Commodities ° 860.1360 Multi residue Method ° 860.1480 Egg and poultry fumigation Study Occupational Exposure Data for OPPTS Guidelines ° Exposure study of citrus treatment applicators ( wax, foaming and drencher applications). 9 ° Exposure study for mixing/ loading with foaming equipment. ° Post application inhalation and dermal exposure following smoke generator or spraying applications in chicken hatcheries