[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72579-72580]
[FR Doc No: 2013-28244]

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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2013-0194; FRL-9838-6]

Revisions to the Arizona State Implementation Plan, Maricopa
County Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the Maricopa County
Area portion of the Arizona State Implementation Plan (SIP). This
action was proposed in the Federal Register on April 19, 2013 and
concerns particulate matter (PM) emissions from fugitive dust sources.
We are approving local statutes that regulate these emission sources
under the Clean Air Act (CAA or the Act).

DATES: This final rule is effective on January 2, 2014.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2013-0194 for
this action. Generally, documents in the docket for this action are
available electronically at http://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location
(e.g., confidential business information (CBI)). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On April 19, 2013 (78 FR 23527), EPA proposed to approve the
following statutes into the Arizona SIP.

----------------------------------------------------------------------------------------------------------------
              Local agency                Statute No.             Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
ADEQ....................................     9-500.04  Air Quality Control;                07/02/07     05/25/12
                                                        Definitions.
ADEQ....................................       11-877  Air Quality Control Measures...     07/02/07     05/25/12
ADEQ....................................    49-457.01  Leaf Blower Use Restrictions        07/02/07     05/25/12
                                                        and Training; Leaf Blowers
                                                        Equipment Sellers;
                                                        Informational Material;
                                                        Outreach; Applicability.
ADEQ....................................    49-474.01  Additional Board Duties in          07/02/07     05/25/12
                                                        Vehicle Emissions Control
                                                        Areas; Definitions.
ADEQ....................................    49-474.05  Dust Control; Training; Site        07/02/07     05/25/12
                                                        Coordinators.
ADEQ....................................    49-474.06  Dust Control Subcontractor          07/02/07     05/25/12
                                                        Registration; Fee.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these statutes because we determined that
they complied with the relevant CAA requirements. Our proposed action
contains more information on the statutes and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received one set of comments which were
submitted anonymously to the docket for this action at
www.regulations.gov. These comments clearly support our April 2013
proposed approval, but also present several concerns regarding
Arizona's efforts to reduce PM10 pollution. Specifically,
the comments recommend stronger control of emissions from leaf blowers,
expanding leaf blowers requirements beyond county employees, control of
leaf blowers in vacuum mode, control of leaf blowers on permitted
sites, and greater efforts to control coccidioidomycosis.

These are all constructive comments that could help reduce the harmful
effects of pollution in Arizona. However, we have no authority to
require such regulatory improvements as part of today's action on the
submitted Arizona statues.

III. EPA Action

    No comments were submitted that change our assessment of the
statutes as described in our proposed action. Therefore, as authorized
in section 110(k)(3) of the Act, EPA is fully approving these statutes
into the Arizona SIP.

IV. Statutory and Executive Order Reviews

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

In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 3, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: June 28, 2013.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart D--Arizona

0
2. Section 52.120, is amended by adding paragraphs (c)(157)(i)(A)(3)
through (5) to read as follows:

Sec.  52.120  Identification of plan.

* * * * *
    (c) * * *
    (157) * * *
    (i) * * *
    (A) * * *
    (3) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities
and towns), chapter 4 (general powers), article 8 (miscellaneous),
section 9-500.04 (``Air quality control; definitions''), excluding
paragraphs A.1, A.2, A.4, and A.10; paragraphs B through G; and
paragraph I.
    (4) Arizona Revised Statutes (West, 2012): Title 11 (counties),
chapter 6 (county planning and zoning), article 6 (air quality),
section 11-877 (``Air quality control measures'').
    (5) Arizona Revised Statutes (Thomson/West, 2005 main volume, 2012
Cumulative Pocket Part):
    (i) Title 49 (the environment), chapter 3 (air quality), article 2
(state air pollution control), section 49-457.01 (``Leaf blower use
restrictions and training; leaf blowers equipment sellers;
informational material; outreach; applicability''); and
    (ii) Title 49 (the environment), chapter 3 (air quality), article 3
(county air pollution control), sections 49-474.01 (``Additional board
duties in vehicle emissions control areas; definitions''), excluding
paragraphs A.1 through A.3, A.9, A.10, paragraphs C through G, and
paragraph I; 49-474.05 (``Dust control; training; site coordinators'');
and 49-474.06 (``Dust control; subcontractor registration; fee'').
* * * * *
[FR Doc. 2013-28244 Filed 12-2-13; 8:45 am]
BILLING CODE P


[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Notices]
[Page 14130]
[FR Doc No: 2015-06215]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9924-50-OCFO]

Meeting of the Environmental Financial Advisory Board--Public
Notice

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of open meeting of the Environmental Financial Advisory
Board.

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SUMMARY: The United States Environmental Protection Agency's (USEPA)
Environmental Financial Advisory Board (EFAB) will hold a public
meeting on May 14-15, 2015. EFAB is an EPA advisory committee chartered
under the Federal Advisory Committee Act (FACA) to provide advice and
recommendations to EPA on creative approaches to funding environmental
programs, projects, and activities.
    The purpose of this meeting is to hear from informed speakers on
environmental finance issues, proposed legislation, and EPA priorities;
to discuss activities, progress, and preliminary recommendations with
regard to current EFAB work projects; and to consider requests for
assistance from EPA offices.
    Environmental finance discussions and presentations are expected
on, but not limited to, the following topics: Water infrastructure
financing; financing operations and maintenance at green sites; and
EPA's Water Infrastructure and Resiliency Financing Center.
    The meeting is open to the public; however, seating is limited. All
members of the public who wish to attend the meeting must register, in
advance, no later than Friday, May 1, 2015. Registration is required
for all members of the public to assure an expeditious security
process.

DATES: The full board meeting will be held on Thursday, May 14, 2015
from 1:00 p.m. to 5 p.m., EDT and Friday, May 15, 2015 from 9:00 a.m.
to 5 p.m., EDT.

ADDRESSES: District of Columbia Water and Sewer Authority, 5000
Overlook Drive, Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT: For information on access or services
for individuals with disabilities, or to request accommodations for a
person with a disability, please contact Sandra Williams, U.S. EPA, at
(202) 564-4999 or<EMAIL_ADDRESS>at least 10 days prior to
the meeting, to allow as much time as possible to process your request.

    Dated: March 6, 2015.
David Bloom,
Acting Chief Financial Officer.
[FR Doc. 2015-06215 Filed 3-17-15; 8:45 am]
 BILLING CODE 6560-50-P


From:
David Ailor<EMAIL_ADDRESS>Sent:
Tuesday, October 10, 2023 5:47 PM
To:
Jones, DonnaLee<EMAIL_ADDRESS>Cc:
'GABRIELLE RAYMOND'<EMAIL_ADDRESS>Subject:
RE: tall batteries

Donna Lee:

There are five "tall" byproduct coke batteries (i.e., 6 meters or more in height) for purposes of M303:

 Cleveland-Cliffs - Burns Harbor: Batteries 1B and 2;
 DTE-EES: Battery 5; and,
 USS - Clairton: Batteries B and C.

Contact me if you have any questions.  DCA

David C. Ailor, P.E.
President
American Coke and Coal Chemicals Institute
25 Massachusetts Avenue, N.W.
Suite 800
Washington, D.C. 20001
Phone (Cell):<PHONE_NUMBER>
eFax:<PHONE_NUMBER>
<EMAIL_ADDRESS>www.accci.org

From: Jones, DonnaLee<EMAIL_ADDRESS>Sent: Tuesday, October 10, 2023 12:56 PM
To<EMAIL_ADDRESS>Cc: GABRIELLE RAYMOND<EMAIL_ADDRESS>Subject: tall batteries
Importance: High

David  -  Would you be able to find out which batteries are considered "tall" for purposes of Method 303 among your COETF coke facilities so we can compare to our records? This would be very helpful. Thanks.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards
Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02)
Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER>
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

Pronouns - She/Her/Hers
Salutation - Dr./Ms.


[Federal Register: August 26, 2010 (Volume 75, Number 165)]
[Notices]
[Page 52558]
[DOCID:fr26au10-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62688A; File Nos. SR-BATS-2010-018; SR-BX-2010-044; SR-
CBOE-2010-065; SR-CHX-2010-14; SR-EDGA-2010-05; SR-EDGX-2010-05; SR-
FINRA-2010-033; SR-ISE-2010-66; SR-NYSE-2010-49; SR-NYSEAmex-2010-63;
SR-NYSEArca-2010-61; SR-NASDAQ-2010-079; SR-NSX-2010-08]

Self-Regulatory Organizations; BATS Exchange, Inc.; Chicago Board
Options Exchange, Incorporated; Chicago Stock Exchange, Inc.; EDGA
Exchange, Inc.; EDGX Exchange, Inc.; Financial Industry Regulatory
Authority, Inc.; International Securities Exchange LLC; NASDAQ OMX BX,
Inc.; The NASDAQ Stock Market LLC; National Stock Exchange, Inc.; New
York Stock Exchange LLC; NYSE Amex LLC; NYSE Arca, Inc.; Correction

August 19, 2010.
    The Securities and Exchange Commission published a document in the
Federal Register of August 18, 2010, concerning a Notice of Designation
of Longer Period for Commission Action on Proposed Rule Changes
Relating to Trading Pauses Due to Extraordinary Market Volatility by
BATS Exchange, Inc.; Chicago Board Options Exchange, Incorporated;
Chicago Stock Exchange, Inc.; EDGA Exchange, Inc.; EDGX Exchange, Inc.;
Financial Industry Regulatory Authority, Inc.; International Securities
Exchange LLC; NASDAQ OMX BX, Inc.; The NASDAQ Stock Market LLC;
National Stock Exchange, Inc.; New York Stock Exchange LLC; NYSE Amex
LLC; and NYSE Arca, Inc. The document contained a typographical error
in the signature block.
    In the Federal Register of August 18, 2010, in FR Doc. 2010-20366,
on page 51138, in the 3rd column, correct the signature block to read
``By the Commission'' and remove footnote 7.

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-21176 Filed 8-25-10; 8:45 am]
BILLING CODE 8010-01-P


19528 Federal Register / Vol. 68, No. 76 / Monday, April 21, 2003 / Notices G. Ineligible proposals. Proposals will be determined to be ineligible if: ( 1) The candidate organization is not currently defined as an air pollution control agency under section 302( b) of the Clean Air Act; ( 2) a required match could not be met; ( 3) the proposal is incomplete ( proposals must address each and every component outlined in section VII ( N); or ( 4) the proposal is received after the deadline.

Section VIII. OTAQ/ Section 105 Funded Outreach Projects Since this competition is designed to fund new projects ( rather than duplicating or growing existing programs), potential candidate organizations are recommended to visit the OTAQ web site to identify representative projects already being funded. The item, entitled `` OTAQ/ Section 105 Funded Outreach Projects,'' can be found at www. epa. gov/ otaq/. Click on `` Recent Additions'' to find a brief sketch of representative projects funded to date through the Office of Transportation and Air Quality, either with section 105 funding ( indicated by year of funding) or projects that are intended to be national in scope, supported by OTAQ program funding ( indicated by an asterisk ``*'').

Note: Some Web sites listed by funded organizations provide helpful information on a variety of air quality efforts being undertaken by the funded organization. Section IX. Other Items of Interest Is there other information I should have before applying? Yes.   Submission of an Intent to Apply or a final proposal does not guarantee funding.   Supplementary information, including letters of recommendation, will be retained in the files, but will not be reviewed by the evaluators.   Only those organizations selected will be required to submit a complete `` Application for Federal Assistance and Budget Information'' ( SF 424 and SF 424A) to the appropriate EPA Regional office.

Section X. How To Apply How do I apply? Informal `` Intents to Apply'' may take the form of e mail, fax or phone call to the EPA Program Contact listed below. Include organization, contact, phone, email and project title/ subject ( if known at time of Intent). Please submit informal `` Intents To Apply'' by Monday, May 26, 2003. To be considered eligible, completed original proposals must be date stamped ( postmarked or dated by overnight express) on or before midnight, Monday, July 7, 2003. ( Original + 6, including cover letters on copies   no binders, spiral binding or supplemental materials please!) Please pay special attention to the distinction in addresses for regular mail and overnight or in person delivery. Via regular mail to: Susan Bullard, Director of Outreach, U. S. EPA Office of Transportation and Air Quality, 1200 Pennsylvania Avenue, NW., Mail Code 6406J, Washington, DC 20460.

( Please note that, in the face of circumstances beyond the agency's control in Washington, DC, it may take significantly longer than expected for regular mail to reach the Office of Transportation and Air Quality.)

Express mail which is to be delivered in person ( FedEx, UPS, Airborne, etc.) must leave the sender and be dated by no later than midnight on Monday, July 7, 2003, and should be delivered to the following address: Susan Bullard, Director of Outreach, U. S. EPA Office of Transportation and Air Quality, 501 Third Street, NW., Room 5304D, Washington, DC 20001, ( 202) 564   9856, ( 202) 564   8991 ( backup number for expressed proposals only).

Note: Proposals e mailed or faxed will serve only as a placeholder, and must be followed by a hard copy original and 6 copies postmarked/ date stamped no later than the deadline. If no original is received which meets the deadline, the proposal will not be considered.

Deadline for Completed Final Proposals Date stamped ( postmarked or express mail dated) no later than midnight on Monday, July 7, 2003.

SECTION XI. EPA REGIONAL SECTION 105 GRANT COORDINATORS Region 1 ( Boston) ...................................................................... Paul Bryan ................................................................................. 617   918   1673 Region 2 ( New York) ................................................................. Marlon Gonzales ....................................................................... 212   637   3769 Region 3 ( Philadelphia) ............................................................. Russ Bowen .............................................................................. 215   814   2057 Region 4 ( Atlanta) ...................................................................... Todd Rinck ................................................................................ 404   562   9062 Region 5 ( Chicago) .................................................................... Robert Miller .............................................................................. 312   353   0396 Diane Nelson ............................................................................. 312   886   2929 Region 6 ( Dallas) ....................................................................... Rexene Hanes .......................................................................... 214   665   2726 Region 7 ( Kansas City) .............................................................. Mark Smith ................................................................................ 913   551   7876 Region 8 ( Denver) ..................................................................... Marisa Mcphilliamy .................................................................... 303   312   6965 Region 9 ( San Francisco) .......................................................... Valerie Cooper .......................................................................... 415   947   4103 Region 10 ( Seattle) .................................................................... David Debruyn .......................................................................... 206   553   4218 Section XII. OTAQ Program Contact Susan Bullard, Director of Outreach, EPA Office of Transportation and Air Quality ( OTAQ), 1200 Pennsylvania Avenue, NW., ( Mail Code 6406J), Washington, DC 20460, ( Phone) 202/ 564   9856, ( Fax) 202/ 565   2085, bullard. susan@ epa. gov.

Margo Tsirigotis Oge,

Director, Office of Transportation and Air Quality. [ FR Doc. 03   9744 Filed 4   18   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0119; FRL   7301   6]

Cyprodinil; Notice of Filing a Pesticide Petition to Establish a Tolerance for a Certain Pesticide Chemical in or on Food AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of a certain pesticide chemical in or on various food commodities. DATES: Comments, identified by docket ID number OPP   2003   0119, must be received on or before May 21, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Shaja R. Brothers, Registration Division VerDate Jan< 31> 2003 15: 26 Apr 18, 2003 Jkt 200001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 21APN1. SGM 21APN1 19529 Federal Register / Vol. 68, No. 76 / Monday, April 21, 2003 / Notices ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 308   3194; e mail address: brothers. shaja@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does This Action Apply to Me?

You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to:   Crop production ( NAICS 111)   Animal production ( NAICS 112)   Food manufacturing and pesticide manufacturing ( NAICS 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of This Document and Other Related Information?

1. EPA Docket. EPA has established an official public docket for this action under docket ID number OPP   2003   0119. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although, a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although, not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in EPA dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only on printed paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although, not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or on paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also, include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2003   0119. The system is an `` anonymous access'' system, which means EPA will not VerDate Jan< 31> 2003 15: 26 Apr 18, 2003 Jkt 200001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 21APN1. SGM 21APN1 19530 Federal Register / Vol. 68, No. 76 / Monday, April 21, 2003 / Notices know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID number OPP   2003   0119. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB) ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID number OPP   2003   0119. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID number OPP   2003   0119. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Make sure to submit your comments by the deadline in this notice. 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. What Action is the Agency Taking?

EPA has received a pesticide petition as follows proposing the establishment and/ or amendment of regulations for residues of a certain pesticide chemical in or on various food commodities under section 408 of the Federal Food, Drug, and Cosmetic Act ( FFDCA), 21 U. S. C. 346a. EPA has determined that this petition contains data or information regarding the elements set forth in FFDCA section 408( d)( 2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petition. Additional data may be needed before EPA rules on the petition.

List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: April 15, 2003. Debra Edwards, Director, Registration Division, Office of Pesticide Programs.

Summary of Petition The petitioner's summary of the pesticide petitions is printed below as required by FFDCA section 408( d)( 3). The summary of the petitions was prepared by Interregional Research Project Number ( IR 4) and represents the view of the petitioner. The petition summary announces the availability of a description of the analytical methods available to EPA for the detection and measurement of the pesticide chemical residues or an explanation of why no such method is needed.

Interrgional Research Project Number ( IR 4)

Syngenta Crop Protection, Inc.

PP 2E6447, 2E6461, 2E6485, 3E6529, and 3E6530 EPA has received pesticide petitions ( 2E6447, 2E6461, 2E6485, 3E6529, 3E6530) from Interregional Research Project Number ( IR 4), 681 U. S. Highway # 1 South, North Brunswick, NJ 08902 proposing, pursuant to section 408( d) of the Federal Food, Drug, and Cosmetic Act ( FFDCA), 21 U. S. C. 346a( d), to amend 40 CFR part 180, by establishing tolerances for residues of cyprodinil in or on the following raw agricultural commodities: 1. PP 2E6447 proposes the establishment of a tolerance for lychee, longan, rambutan, pulasan, and Spanish lime at 2.0 parts per million ( ppm). 2. PP 2E6461 proposes the establishment of a tolerance for carrot at 0.5 ppm. 3. PP 2E6485 proposes the establishment of a tolerance for Brassica, head and stem subgroup 5A at 2.0 ppm, Brassica, leafy greens subgroup 5B at 10.0 ppm, and turnip, greens at 10.0 ppm. 4. PP 3E6529 proposes the establishment of a tolerance for herb subgroup 19A at 10 ppm. 5. PP 2E6530 proposes the establishment of a tolerance for almond, hulls at 8.0 ppm. EPA has determined that the petitions contain data or information regarding the elements set forth in section 408( d)( 2) of the FFDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the petitions. Additional data may be needed before EPA rules on the petitions. This notice includes a summary of the petitions prepared by VerDate Jan< 31> 2003 18: 46 Apr 18, 2003 Jkt 200001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 21APN1. SGM 21APN1 19531 Federal Register / Vol. 68, No. 76 / Monday, April 21, 2003 / Notices Syngenta Crop Protection, Inc., Greensboro, NC 27409.

A. Residue Chemistry 1. Plant metabolism. The metabolism of cyprodinil is adequately understood for the purpose of the proposed tolerances. 2. Analytical method. Syngenta has developed and validated analytical methodology for enforcement purposes. This method ( Syngenta Crop Protection Method AG   631B) has passed an Agency petition method validation for several commodities and is currently the enforcement method for cyprodinil. An extensive data base of method validation data using this method on various crop commodities is available. 3. Magnitude of residues. Complete residue data to support the requested tolerances for almond, hulls, Brassica, head and stem ( Subgroup 5A), Brassica, leafy greens ( Subgroup 5B), turnip, greens, herbs ( Subgroup 19A), and lychee, longan, rambutan, pulasan, and Spanish lime have been submitted. The requested tolerances are adequately supported.

B. Toxicological Profile An assessment of toxic effects caused by cyprodinil is discussed in Unit III. A. and Unit III. B. of the Federal Register dated June 22, 2001 ( 66 FR 33478) ( FRL   6778   7). 1. Animal metabolism. The metabolism of cyprodinil in rats is adequately understood. 2. Metabolite toxicology. The residues of concern for tolerance setting purposes is the parent compound. Based on structural similarities to genotoxic nucleotide analogs, there was concern that the pryimidine metabolites ( CGA   249287, NOA   422054) may be more toxic than the parent compound. However, EPA's review indicates similar results in acute oral and mutagenicity studies with both the parent compound and the CGA   249287 metabolite. EPA concluded that the toxicity of the CGA   249287 and NOA   422054 metabolites is no greater than that of the parent, conditional on submission and review of confirmatory data of an acute oral toxicity study and bacterial reverse mutation assay for the NOA   422054 metabolite. Although, the metabolites CGA   232449 and CGA   263208 were determined to be of potential toxicological concern, there are not expected to be more toxic than cyprodinil per se. 3. Endocrine disruption. Cyprodinil does not belong to a class of chemicals known or suspected of having adverse effects on the endocrine system. Developmental toxicity studies in rats and rabbits and a reproduction study in rats gave no indication that cyprodinil might have any effects on endocrine function related to development and reproduction. The chronic studies also showed no evidence of a long term effect related to the endocrine system.

C. Aggregate Exposure 1. Dietary exposure. A Tier III acute and chronic dietary exposure evaluation was made using the Dietary Exposure Evaluation Model ( DEEMTM), version 7.76 from exponent. All consumption data for these assessments were taken from the USDA's Continuing Survey of Food Intake by Individuals ( CSFII) with the 1994   96 consumption data base and the Supplemental CSFII children's survey ( 1998) consumption data base. These exposure assessments included all registered uses and pending uses on watercress, bushberries, caneberries, juneberries, ligonberries, pistachios, and salal. i. Food   a. Acute exposure. Acute dietary risk assessments are performed for a food use pesticide if a toxicological study has indicated the possibility of an effect of concern occurring as a result of a 1 day or single exposure. EPA has not conducted an acute dietary risk assessment since no toxicological endpoint of concern was identified during the review of the available data. b. Chronic exposure. Percent of crop treated values were estimated based upon economic, pest and competitive pressures. The values used in these assessments were: ( Almonds, pome fruits, stone fruits and grapes), 100%; onions 9%; strawberries 42%; watercress, 95%; berries, 13%; pistachios, herbs, 80%; crop group 5A and 5B, carrots, turnip, greens, lychee, longan and Spanish lime, 10%. ii. Drinking water. Estimated Environmental Concentrations ( EECs) of cyprodinil in drinking water were determined by EPA. EPA groundwater model Screening Concentration in Groundwater ( SCI GROW) was used to determine acute and chronic estimated environmental concentrations in ground water and the Agency's surface water model, EPA's pesticide root zone model/ exposure analysis modeling system ( PRZM/ EXAMS) was used to determine acute and chronic EECs estimated environmental concentrations in surface water. Based on the model outputs, the EEC cyprodinil are 0.04 parts per billion ( ppb) for acute and chronic exposure to ground water and 32 ppb and 6 ppb for acute and chronic exposure, respectively, to surface water. 2. Non dietary exposure. There is a potential residential post application exposure to adults and children entering residential areas treated with cyprodinil. Since the Agency did not select a short term endpoint for dermal exposure, only intermediate dermal exposures were considered. Based on the residential use pattern, no long term post application residential exposure is expected.

D. Cumulative Effects Section 408( b)( 2)( D)( v) requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider `` available information'' concerning the cumulative effects of a particular pesticide's residues and `` other substances that have a common mechanism of toxicity.'' EPA does not have, at this time, available data to determine whether cyprodinil has a common mechanism of toxicity with other substances or how to include this pesticide in a cumulative risk assessment. For the purposes of this tolerance action, EPA has not assumed that cyprodinil has a common mechanism of toxicity with other substances.

E. Safety Determination The chronic dietary exposure analysis ( food only) showed that exposure from all established and proposed cyprodinil uses would be 7.48% of the chronic reference dose ( cRfD) for the most sensitive subpopulation, children 1   2 years old. EPA has determined that reliable data support using the standard margin of exposure ( MOE) and uncertainty factor ( 100 for combined interspecies and intraspecies variability) for cyprodinil and that an additional safety factor of 10 is not necessary to be protective of infants and children. Acute Drinking Water Levels of Comparison ( DWLOC) were calculated based on an acute populated adjusted dose ( aPAD) of 1.5 milligrams/ kilogram/ day. For the acute assessment, the females ( 13   50 years) subpopulation generated an acute DWLOC of approximately 44,600 ppb. The acute EEC of 32 ppb is considerably less than 44,600 ppb. For the chronic assessment, the children 1   2 years old subpopulation generated the lowest chronic DWLOC of approximately 280 ppb. Thus, the chronic DWLOC of 280 ppb is considerably higher than the chronic EEC of 6 ppb. Syngenta has considered the potential aggregate exposure from food, water and non occupational exposure routes and concluded that aggregate exposure is not expected to exceed 100% of the chronic reference dose and that there is a reasonable certainty that no harm will result to infants and children from the aggregate exposure to cyprodinil.

VerDate Jan< 31> 2003 15: 26 Apr 18, 2003 Jkt 200001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 21APN1. SGM 21APN1 19532 Federal Register / Vol. 68, No. 76 / Monday, April 21, 2003 / Notices F. International Tolerances There are no Codex maximum residue levels established for cyprodinil. [ FR Doc. 03   9750 Filed 4   18   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPPT   2003   0019; FRL   7304   2]

Certain New Chemicals; Receipt and Status Information AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: Section 5 of the Toxic Substances Control Act ( TSCA) requires any person who intends to manufacture ( defined by statute to include import) a new chemical ( i. e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5( d)( 2) and 5( d)( 3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice ( PMN) or an application for a test marketing exemption ( TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from February 11, 2003 to March 28, 2003, consists of the PMNs and the TMEs both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. DATES: Comments identified by the docket ID number OPPT   2003   0019 and the specific PMN number or TME number, must be received on or before May 21, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Director, Environmental Assistance Division, Office of Pollution Prevention and Toxics ( 7408M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 554   1404; e mail address: TSCAHotline epa. gov.

SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. As such, the Agency has not attempted to describe the specific entities that this action may apply to. Although others may be affected, this action applies directly to the submitter of the premanufacture notices addressed in the action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of This Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPPT   2003   0019. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, Rm. B102 Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is ( 202) 566   1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is ( 202) 566   0280. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number and specific PMN number or TME number in the subject line on the first page of your comment.

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