[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49253-49259]
[FR Doc No: 2021-18914]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R07-UST-2021-0345; FRL-8775-02-R7]

Kansas: Final Approval of State Underground Storage Tank Program
Revisions, Codification, and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA
or Act), the Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the State of Kansas's Underground
Storage Tank (UST) program submitted by the Kansas Department of Health
and Environment (KDHE). This action also codifies EPA's approval of
Kansas's State program and incorporates by reference those provisions
of the State regulations that we have determined meet the requirements
for approval. The provisions will be subject to EPA's inspection and
enforcement authorities under sections 9005 and 9006 of RCRA Subtitle I
and other applicable statutory and regulatory provisions.

DATES: This rule is effective November 1, 2021, unless EPA receives
adverse comment by October 4, 2021. If EPA receives adverse comments,
it will publish a timely withdrawal in the Federal Register informing
the public that the rule will not take effect. The incorporation by
reference of certain publications listed in the regulations is approved
by the Director of the Federal Register, as of November 1, 2021, in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    Instructions: Direct your comments to Docket ID No. EPA-R07-UST-
2021-0345. EPA's policy is that all comments received will be included
in the public docket without change and may be available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov, or email. The Federal https://www.regulations.gov
website is an ``anonymous access'' system, which means the EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an email comment directly to the EPA
without going through https://www.regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the internet. If
you

submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and also with
any disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties, and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. EPA encourages electronic submittals, but if
you are unable to submit electronically, please reach out to the EPA
contact person listed in the document for assistance.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information might not be publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Publicly
available docket materials are available electronically through
www.regulations.gov.
    IBR and supporting material: You can view and copy the documents
that form the basis for this codification and associated publicly
available materials either through www.regulations.gov or by contacting
Cassandra Mance at<PHONE_NUMBER> or<EMAIL_ADDRESS>Out of an
abundance of caution for members of the public and our staff, the EPA
Region 7 office will be closed to the public to reduce the risk of
transmitting COVID-19. Please call or email the contact listed above if
you need access to material indexed but not provided in the docket.

FOR FURTHER INFORMATION CONTACT: Cassandra Mance, Tanks, Toxics, and
Pesticides Branch, Land, Chemical, and Redevelopment Division, U.S.
Environmental Protection Agency, Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219;<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Approval of Revisions to Kansas's Underground Storage Tank Program

A. Why are revisions to state programs necessary?

    States that have received final approval from the EPA under section
9004(b) of RCRA, 42 U.S.C. 6991c(b), must maintain an underground
storage tank program that is equivalent to, consistent with, and no
less stringent than the Federal UST program. Either EPA or the approved
state may initiate program revision. When EPA makes revisions to the
regulations that govern the UST program, states must revise their
programs to comply with the updated regulations and submit these
revisions to the EPA for approval. Program revision may be necessary
when the controlling Federal or state statutory or regulatory authority
is modified or when responsibility for the state program is shifted to
a new agency or agencies.

B. What decisions has the EPA made in this rule?

    On February 11, 2021, in accordance with 40 CFR 281.51(a), Kansas
submitted a complete program revision application seeking the EPA
approval for its UST program revisions (State Application). Kansas's
revisions correspond to the EPA final rule published on July 15, 2015
(80 FR 41566), which revised the 1988 UST regulations and the 1988
State program approval (SPA) regulations (2015 Federal Revisions). As
required by 40 CFR 281.20, the State Application contains the
following: A transmittal letter requesting approval, a description of
the program and operating procedures, a demonstration of the State's
procedures to ensure adequate enforcement, a Memorandum of Agreement
outlining the roles and responsibilities of the EPA and the
implementing agency, a statement of certification from the Attorney
General, and copies of all relevant State statutes and regulations. We
have reviewed the State Application and determined that the revisions
to Kansas's UST program are equivalent to, consistent with, and no less
stringent than the corresponding Federal requirements in subpart C of
40 CFR part 281, and that the Kansas program provides for adequate
enforcement of compliance (40 CFR 281.11(b)). Therefore, the EPA grants
Kansas final approval to operate its UST program with the changes
described in the program revision application and as outlined below in
section I.G. of this document.

C. What is the effect of this approval decision?

    This action does not impose additional requirements on the
regulated community because the regulations being approved by this rule
are already effective in Kansas and they are not changed by this
action. This action merely approves the existing State regulations as
meeting the Federal requirements and renders them federally
enforceable.

D. Why is EPA using a direct final rule?

    EPA is publishing this direct final rule concurrent with a proposed
rule because we view this as a noncontroversial action and anticipate
no adverse comment. EPA is providing an opportunity for public comment
now.

E. What happens if the EPA receives comments that oppose this action?

    Along with this direct final rule, the EPA is publishing a separate
document in the ``Proposed Rules'' section of this issue of the Federal
Register that serves as the proposal to approve the State's UST program
revisions, providing opportunity for public comment. If EPA receives
comments that oppose this approval, EPA will withdraw the direct final
rule by publishing a document in the Federal Register before the rule
becomes effective. The EPA will base any further decision on the
approval of the State program changes after considering all comments
received during the comment period. EPA will then address all public
comments in a later final rule. You may not have another opportunity to
comment. If you want to comment on this approval, you must do so at
this time.

F. For what has Kansas previously been approved?

    On June 6, 1994, the EPA finalized a rule approving the UST
program, effective July 6, 1994, to operate in lieu of the Federal
program. On September 27, 1994, effective November 28, 1994, the EPA
codified the approved Kansas program, incorporating by reference the
State statutes and regulatory provisions that are subject to EPA's
inspection and enforcement authorities under RCRA sections 9005 and
9006, 42 U.S.C. 6991d and 6991e, and other applicable statutory and
regulatory provisions.

G. What changes are we approving with this action?

    On February 11, 2021, in accordance with 40 CFR 281.51(a), Kansas
submitted a complete application for final approval of its UST program
revisions adopted on July 6, 2020. The EPA now makes an immediate final
decision, subject to receipt of written comments that oppose this
action, that Kansas's UST program revisions satisfy all of the
requirements necessary to qualify for final approval. Therefore, EPA
grants Kansas final approval for the following program changes:

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        Required Federal element           Implementing State authority
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40 CFR 281.30, New UST Systems and       KAR 28-44 Sections 13; 14; 16;
 Notification.                            17(a); 17(c); 19; 23; and 31.
40 CFR 281.31, Upgrading Existing UST    KAR 28-44 Sections 16(a)-(b)
 Systems.                                 and 31.
40 CFR 281.32, General Operating         KAR 28-44 Sections 19 and 23.
 Requirements.
40 CFR 281.33, Release Detection.......  KAR 28-44 Sections 23 and 31.
40 CFR 281.34, Release Reporting,        KAR 28-44 Section 24.
 Investigation, and Confirmation.
40 CFR 281.35, Release Response and      KAR 28-44 Section 25.
 Corrective Action.
40 CFR 281.36, Out-of-service Systems    KAR 28-44 Sections 26 and 31.
 and Closure.
40 CFR 281.37, Financial Responsibility  KAR 28-44 Section 27.
 for USTs Containing Petroleum.
40 CFR 281.39, Operator Training.......  KAR 28-44 Section 30.
40 CFR 281.41, Legal Authorities for     KAR 28-44 Section 12.
 Enforcement Response.
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    The State also demonstrates that its program provides adequate
enforcement of compliance as described in 40 CFR 281.11(b) and part
281, subpart D. The KDHE has broad statutory authority with respect to
USTs to regulate installation, operation, maintenance, closure, and UST
releases, and to the issuance of orders. These statutory authorities
are found in: Kansas Statutes Annotated, Chapter 65, Article 34,
Section 100 et seq., and Kansas Administrative Regulations, Chapter 28,
Article 44.

H. Where are the revised rules different from the Federal rules?

Broader in Scope Provisions
    The following statutory and regulatory provisions are considered
broader in scope than the Federal program, and are therefore not
enforceable as a matter of Federal law pursuant to 40 CFR
281.12(a)(3)(ii):
    Kansas statutes and regulations include references to the
aboveground storage tank program, which is broader in scope than the
Federal program. KSA 65-34 Sections 105(a)(2), 105(a)(13), 106(a), 118,
129, and 130; KAR 28-44 Section 29.
    Agreements between the secretary and local governments or agencies
to act as the secretary's agent in order to carry out provisions of the
Kansas Storage Tank Act are broader in scope than the Federal program.
KSA 65-34 Section112.
    Kansas statutory provisions related to the petroleum storage tank
release trust funds, environmental assurance fee, and storage tank fee
fund are broader in scope than the Federal program. KSA 65-34 Sections
114, 117, 119-125, and 128.
    Kansas statutory provisions related to the third-party liability
insurance plan and severability are broader in scope than the Federal
program. KSA 65-34 Sections 126 and 127.
    Kansas statutory provisions related to the UST redevelopment fund
are broader in scope. KSA 65-34 Sections 131-134.
    Each person installing, removing, or testing a UST or UST system
must be licensed in Kansas, submit nonrefundable initial licensing and
annual renewal fees, and may have a license suspended or revoked if the
requirements are not met. KSA 65-34 Sections 105(a)(8), 105(a)(11),
105(a)(12), 110, and 111; KAR 28-44 Sections 12(c), 12(d), 20, 21, and
22.
    Each owner must obtain an installation or modification permit from
the department before installing or modifying a UST or UST system and
submit an installation application fee. KSA 65-34 Sections 105(a)(10)
and 106; KAR 28-44 Sections 12(d) and 15.
    Each owner of a UST must submit a registration fee and an annual
operating fee for each tank. If an owner fails to submit the completed
registration notification form or secure an annual operating permit
within the state-specified timeframe, the owner will be assessed
penalty fees. KSA 65-34 Section 105(a)(10); KAR 28-44 Sections 12(d),
17(b), 17(c) as it applies to penalty fees, 17(d), 17(e), and 17(f).
    Any owner or operator of a nonregulated tank may register that tank
with the department for the purpose of qualifying the owner or operator
to participate in the petroleum storage tank release trust funds. KAR
28-44 Section 18.
More Stringent Provisions
    The following regulatory requirements are considered more stringent
than the federal program, and on approval, they become part of the
federally approved program and are federally enforceable pursuant to 40
CFR 281.12(a)(3)(i):
    UST systems with impressed current cathodic protection systems must
be inspected every 30 days to ensure the equipment is running properly.
KAR 28-44 Section 19(a)(2).
    In addition to the recordkeeping requirements listed at 40 CFR
280.34(b), owners and operators of UST systems shall also maintain
records on the drop tickets for the preceding 12 months. Kansas defines
drop tickets as a bill of lading, invoice, or similar document that
reflects fuel delivery by a petroleum transport company to a specific
facility and includes the deliverer's name, the delivery date, and the
quantity delivered. KAR 28-44 Sections 14(c)(1) and 19(a)(8)(B)(iii).
    Only field-constructed tanks and airport hydrant fuel distribution
systems can use vapor monitoring as an approved leak detection method.
KAR 28-44 Section 23(e).
    Groundwater monitoring is not an approved leak detection method.
KAR 28-44 Section 23(f).
    Within 15 days of permanent closure, each owner or operator shall
ensure that each contractor submits a completed permanent tank
abandonment form to the department. KAR 28-44 Section 26(a)(3)(C).
    No comparable exam is accepted for operator training. KAR 28-44
Section 30(a)(1)(A).
    Each Class A operator of a facility or group of facilities shall
reside or be stationed within four hours of each managed facility to
respond to emergencies as needed. KAR 28-44 Section 30(a)(1)(C).

II. Codification

A. What is codification?

    Codification is the process of placing a state's statutes and
regulations that comprise the state's approved UST program into the
CFR. Section 9004(b) of RCRA, as amended, allows the EPA to approve
State UST programs to operate in lieu of the Federal program. The EPA
codifies its authorization of state programs in 40 CFR part 282 and
incorporates by reference state statutes and regulations that the EPA
will enforce under sections 9005 and 9006 of RCRA and any other
applicable state provisions. The incorporation by reference of state
authorized programs in the CFR should substantially enhance the
public's ability to discern the current status of the approved state
program and state requirements that can be federally enforced. This
effort provides clear notice to the public of the

scope of the approved program in each state.

B. What is the history of codification of Kansas's UST program?

    EPA incorporated by reference the KDHE approved UST program
effective November 28, 1994 (59 FR 186; September 27, 1994). In this
document, EPA is revising 40 CFR 282.66 to include the approved
revisions.

C. What codification decisions have we made in this rule?

    Incorporation by reference: In this rule, we are finalizing
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are finalizing the
incorporation by reference of the federally approved Kansas UST program
described in the amendments to 40 CFR part 282 set forth below. The EPA
has made, and will continue to make, this document generally available
through www.regulations.gov or by contacting the EPA Region 7 contact
listed in the ADDRESSES section of this preamble.
    The purpose of this Federal Register document is to codify Kansas's
approved UST program. The codification reflects the State program that
would be in effect at the time EPA's approved revisions to the Kansas
UST program addressed in this direct final rule become final. The
document incorporates by reference Kansas's UST statutes and
regulations and clarifies which of these provisions are included in the
approved and federally enforceable program. By codifying the approved
Kansas program and by amending the CFR, the public will more easily be
able to discern the status of the federally-approved requirements of
the Kansas program.
    EPA is incorporating by reference the Kansas approved UST program
in 40 CFR 282.66. Section 282.66(d)(1)(i) incorporates by reference for
enforcement purposes the State's statutes and regulations.
    Section 282.66 also references the Attorney General's Statement,
Demonstration of Adequate Enforcement Procedures, the Program
Description, and the Memorandum of Agreement, which are approved as
part of the UST program under Subtitle I of RCRA. These documents are
not incorporated by reference.

D. What is the effect of Kansas's codification on enforcement?

    The EPA retains the authority under sections 9005 and 9006 of
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and regulatory provisions to undertake inspections and
enforcement actions and to issue orders in approved States. With
respect to these actions, EPA will rely on Federal sanctions, Federal
inspection authorities, and Federal procedures rather than the state
authorized analogues to these provisions. Therefore, the EPA is not
incorporating by reference such particular, approved Kansas procedural
and enforcement authorities. Section 282.66(d)(1)(ii) of 40 CFR lists
those approved Kansas authorities that would fall into this category.

E. What State provisions are not part of the codification?

    The public also needs to be aware that some provisions of the
State's UST program are not part of the federally approved State
program. Such provisions are not part of the RCRA Subtitle I program
because they are ``broader in scope'' than Subtitle I of RCRA. Section
281.12(a)(3)(ii) of 40 CFR states that where an approved state program
has provisions that are broader in scope than the Federal program,
those provisions are not a part of the federally approved program. As a
result, State provisions which are broader in scope than the Federal
program are not incorporated by reference for purposes of federal
enforcement in part 282. Section 282.66(d)(1)(iii) lists for reference
and clarity the Kansas statutory and regulatory provisions which are
broader in scope than the Federal program and which are not, therefore,
part of the approved program being codified in this document.
Provisions that are broader in scope cannot be enforced by EPA; the
State, however, will continue to implement and enforce such provisions
under State law.

III. Statutory and Executive Order Reviews

    This action only applies to Kansas's UST Program requirements
pursuant to RCRA section 9004 and imposes no requirements other than
those imposed by State law. It complies with applicable Executive
Orders (EOs) and statutory provisions as follows:

A. Executive Order 12866: Regulatory Planning and Review; Executive
Order 13563: Improving Regulation and Regulatory Review

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Orders 12866 (58 FR 51735, October
4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action approves
and codifies State requirements for the purpose of RCRA section 9004
and imposes no additional requirements beyond those imposed by State
law. Therefore, this action is not subject to review by OMB.

B. Paperwork Reduction Act

    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.). ``Burden'' is defined at 5 CFR 1320.3(b).

C. Unfunded Mandates Reform Act and Executive Order 13175: Consultation
and Coordination With Indian Tribal Governments

    Because this action approves and codifies 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 (2 U.S.C. 1531-
1538). For the same reason, this action also does not significantly or
uniquely affect the communities of Tribal governments, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).

D. Executive Order 13132: Federalism

    This action will not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely approves and codifies State
requirements as part of the State RCRA underground storage tank program
without altering the relationship or the distribution of power and
responsibilities established by RCRA.

E. Executive Order 13045: Services of Children From Environmental
Health and Safety Risks

    This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant, and
it does not make decisions based on environmental health or safety
risks.

F. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a
``significant regulatory action'' as defined under Executive Order
12866.

G. National Technology Transfer and Advancement Act

    Under RCRA section 9004(b), EPA grants a State's application for
approval as long as the State meets the criteria required by RCRA. It
would thus be inconsistent with applicable law for EPA, when it reviews
a State approval application, to require the use of any particular
voluntary consensus standard in place of another standard that
otherwise satisfies the requirements of RCRA. Thus, the requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272) do not apply.

H. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this rule approves pre-
existing State rules which are at least equivalent to, and no less
stringent than existing Federal requirements, and imposes no additional
requirements beyond those imposed by State law, and there are no
anticipated significant adverse human health or environmental effects,
the rule is not subject to Executive Order 12898.

I. Executive Order 12630: Governmental Actions and Interference With
Constitutionally Protected Property Rights

    EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the Executive order.

J. Executive Order 12988: Civil Justice Reform

    As required by Section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801-808, generally provides
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. EPA will submit a report containing this document and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). However,
this action will be effective November 1, 2021 because it is a direct
final rule.

    Authority:  This rule is issued under the authority of sections
2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

List of Subjects in 40 CFR Part 282

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous substances, Incorporation
by reference, Insurance, Intergovernmental relations, Oil pollution,
Penalties, Petroleum, Reporting and recordkeeping requirements, Surety
bonds, Water pollution control, Water supply.

    Dated: August 24, 2021.
Edward H. Chu,
Acting Regional Administrator, EPA Region 7.
    For the reasons set forth in the preamble, EPA is amending 40 CFR
part 282 as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
1. The authority citation for part 282 continues to read as follows:

    Authority:  42 U.S.C. 6912, 6991c, 6991d, and 6991e.

0
2. Revise Sec.  282.66 to read as follows:

Sec.  282.66  Kansas State-Administered Program.

    (a) History of the approval of Kansas's program. The State of
Kansas is approved to administer and enforce an underground storage
tank program in lieu of the Federal program under Subtitle I of the
Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42
U.S.C. 6991 et seq. The State's program, as administered by the Kansas
Department of Health and Environment, was approved by EPA pursuant to
42 U.S.C. 6991c and part 281 of this Chapter. EPA approved the Kansas
program on June 6, 1994, and it was effective on July 6, 1994. A
subsequent program revision application was approved by EPA and became
effective on November 1, 2021.
    (b) Enforcement authority. Kansas has primary responsibility for
administering and enforcing its federally approved underground storage
tank program. However, EPA retains the authority to exercise its
inspection and enforcement authorities under sections 9005 and 9006 of
Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, as well as under any
other applicable statutory and regulatory provisions.
    (c) Retaining program approval. To retain program approval, Kansas
must revise its approved program to adopt new changes to the federal
Subtitle I program which makes it more stringent, in accordance with
section 9004 of RCRA, 42 U.S.C. 6991c and 40 CFR part 281, subpart E.
If Kansas obtains approval for the revised requirements pursuant to
section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory and
regulatory provisions will be added to this subpart and notice of any
change will be published in the Federal Register.
    (d) Final program approval. Kansas has final approval for the
following elements of its program application originally submitted to
EPA and approved on June 6, 1994 and effective July 6, 1994, and the
program revision application approved by EPA, effective on November 1,
2021.
    (1) State statutes and regulations--(i) Incorporation by reference.
The provisions cited in this paragraph, and listed in Appendix A to
Part 282, are incorporated by reference as part of the underground
storage tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
The Director of the Federal Register approves this incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may
obtain copies of the Kansas regulations and statutes that are
incorporated by reference in this paragraph from the Kansas Department
of Health and Environment website at: www.kdheks.gov/tanks/regs.html or
the KDHE Storage Tank Section, 1000 SW Jackson, Suite 410, Topeka, KS
66612; Phone number:<PHONE_NUMBER>. You may inspect all approved
material at the EPA Region 7 Office, 11201 Renner Boulevard, Lenexa, KS
66219; Phone Number:<PHONE_NUMBER>; or the National Archives and
Records Administration (NARA), Email<EMAIL_ADDRESS>website:
https://

www.archives.gov/federal-register/cfr/ibr-locations.html.
    (A) EPA-Approved Kansas Statutory Requirements Applicable to the
Underground Storage Tank Program, July 2015.
    (B) EPA-Approved Kansas Regulatory Requirements Applicable to the
Underground Storage Tank Program, July 2020.
    (ii) Legal basis. EPA evaluated the following statutes, which
provide the legal basis for the State's implementation of the
underground storage tank program, but they are not being incorporated
by reference for enforcement purposes and do not replace Federal
authorities: Kansas Statutes Annotated, Chapter 65, Public Health,
Article 34, Kansas Storage Tank Act, Sections: 108--Enforcement of act:
Duties of owner or operator; records, reports, documents, other
information; 109--Unlawful acts: penalties; and 113--Civil penalties
and remedies for violations.
    (iii) Provisions not incorporated by reference. The following
statutory and regulatory provisions are broader in scope than the
Federal program, are not part of the approved program, and are not
incorporated by reference in this section for enforcement purposes:
    (A) Kansas Statutes Annotated, Chapter 65, Public Health, Article
34, Kansas Storage Tank Act, Sections: 105(a)(2) and 105(a)(13) as they
apply to aboveground storage tanks; 105(a)(8) as it applies to tank
tightness tester qualifications; 105(a)(10) as it applies to
registration and permit fees; 105(a)(11) and 105(a)(12) as they apply
to licensing tank installers and/or contractors and fees for these
licenses; 106 as it applies to aboveground storage tanks and permits to
construct, install, or modify storage tanks; 110 as it applies to
licensing tank installers and contractors; 111 as it applies to
suspension of licenses; 112 as it applies to agreements between
secretary and local governments; 114 as it applies to the underground
petroleum storage tank release trust fund; 117 as it applies to the
environmental assurance fee; 118 as it applies to corrective action for
aboveground storage tanks; 119-125 as they apply to the petroleum
storage tank release trust funds; 126 and 127 as they apply to the
third party liability insurance plan; 128 as it applies to the storage
tank fee fund; 129 and 130 as they apply to the aboveground petroleum
storage tank release trust fund; 131-134 and 139 as they apply to the
UST redevelopment fund.
    (B) Kansas Department of Health and Environment Permanent
Administrative Regulations, Chapter 28, Article 44, Petroleum Products
Storage Tanks, Sections: 12(c) as it applies to the suspension and
revocation of licenses; 12(d) as it applies to fee payments; 15 as it
applies to underground storage tank installation or modification
permits and the fees for these permits; 17(b)-(f) as they apply to the
fees for underground storage tank registration and annual operating
permits and the associated penalties; 18 as it applies to registration
of non-regulated underground storage tanks; 20-22 as they apply to
licensing underground storage tank contractors, installers, testers,
and removers, fees for these licenses, and the suspension or revocation
of tester licenses; 29 as it applies to aboveground storage tanks.
    (2) Statement of legal authority. The ``Attorney General's Letter
of Certification'', signed by the Kansas Attorney General on August 23,
1993, and December 4, 2020, though not incorporated by reference, are
referenced as part of the approved underground storage tank program
under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Adequate Enforcement Procedures'' submitted as part
of the original application on July 2, 1992, and as part of the program
revision application on February 11, 2021, though not incorporated by
reference, is referenced as part of the approved underground storage
tank program under Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program description. The program description and any other
material submitted as part of the original application on July 2, 1992,
and as part of the program revision application on February 11, 2021,
though not incorporated by reference, are referenced as part of the
approved underground storage tank program under Subtitle I of RCRA, 42
U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 7 and the Kansas Department of Health and Environment,
signed by the EPA Regional Administrator on March 25, 2019, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program under Subtitle I of RCRA, 42 U.S.C.
6991 et seq.

0
3. Appendix A to part 282 is amended by revising the entry for
``Kansas'' to read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations

* * * * *

Kansas

    (a) The statutory provisions include Kansas Statutes Annotated,
2015; Chapter 65, Public Health; Article 34, Solid and Hazardous
Waste; Section 100 et seq., Kansas Storage Tank Act:
    Section 100 Statement of legislative findings
    Section 101 Citation of Act
    Section 102 Definitions
    Section 103 Exceptions to application of Act
    Section 104 Notification to department of tank's existence
    Section 105 Rules and regulations, except for 65-34, 105 (a)(2),
the following words in (a)(8), ``including determination of the
qualifications of persons performing or offering to perform such
testing,'' (a)(10), (a)(11), (a)(12) and the following words in
(a)(13), ``and aboveground storage tanks in existence on July 1,
1992'' and ``and aboveground storage tanks placed in service prior
to July 1, 1992''
    Section 106 Permit to construct, install, modify, or operate
storage tank, except the following words in the title and (a),
``construct, install, modify or'' and ``and any aboveground storage
tank registered with the department on July 1, 1992,''
    Section 107 Evidence of financial responsibility required;
limitation of liability
    Section 115 Liability for costs of corrective action
    Section 118 Corrective action; duties of owners and operators;
duties of Secretary; consent agreement; contents, except for the
following words in (b), ``or from the aboveground fund, if the
release was from an aboveground petroleum storage tank.'' and ``or
from the aboveground fund, if the release was from an aboveground
petroleum storage tank.''
    Section 135 Underground storage tank operators, training
program, requirements
    Section 138 Underground storage tank systems; secondary
containment
    (b) The regulatory provisions include Kansas Administrative
Regulations, 2020; Chapter 28, Department of Health and Environment;
Article 44, Petroleum Products Storage Tanks:
    Section 12 General provisions, except (c) and (d)
    Section 13 Program scope and interim prohibition
    Section 14 Definitions
    Section 16 Underground storage tank systems: Design,
construction, installation, modification, and notification
    Section 17 Underground storage tank registration and operating
permit, except (b), the following words in (c), ``be assessed a
penalty fee of $50.00 for each tank if the owner fails to'', (d),
(e), and (f)
    Section 19 General operating requirements
    Section 23 Release detection
    Section 24 Release reporting, investigation, and confirmation

    Section 25 Release response and corrective action for UST
systems
    Section 26 Out-of-service UST systems and closure
    Section 27 Financial responsibility
    Section 30 Operating training and requirements
    Section 31 UST systems with field-constructed tanks and airport
hydrant fuel distribution systems
* * * * *
[FR Doc. 2021-18914 Filed 9-1-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Notices]
[Pages 44229-44231]
[FR Doc No: 2012-18375]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2012-0489; FRL-9355-7]

Cancellation of Pesticides for Non-Payment of Year 2012
Registration Maintenance Fees

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: Since the amendments of October 1988, the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) has required payment of an
annual maintenance fee to keep pesticide registrations in effect. The
fee due last January 15, 2012, has gone unpaid for 204 registrations.
Section 4(i)(5)(G) of FIFRA provides that the EPA Administrator may
cancel these registrations by order and without a hearing; orders to
cancel all 204 of these registrations have been issued within the past
few days.

DATES: A cancellation is effective on the date the cancellation order
is signed.

FOR FURTHER INFORMATION CONTACT: Michael Yanchulis, Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. Although this
action may be of particular interest to persons who produce or use
pesticides, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the information in this notice, consult the person listed
under FOR FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2012-0489, is available at http://www.regulations.gov or at the OPP Docket in the Environmental
Protection Agency Docket Center (EPA/DC), located in EPA West, Rm.
3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. Background

    Section 4(i)(5) of FIFRA, as amended in October 1988 (Pub. L. 100-
532), December 1991 (Pub. L. 102-237), and again in August 1996 (Pub.
L. 104-170), requires that all pesticide registrants pay an annual
registration maintenance fee, due by January 15 of each year, to keep
their registrations in effect. This requirement applies to all
registrations granted under FIFRA section 3 as well as those granted
under FIFRA section 24(c) to meet special local needs. Registrations
for which the fee is not paid are subject to cancellation by order and
without a hearing.
    The Food, Agriculture, Conservation, and Trade Act Amendments of
1991, Public Law 102-237, amended FIFRA to allow the EPA Administrator
to reduce or waive maintenance fees for minor agricultural use
pesticides when she determines that the fee would be likely to cause
significant impact on the availability of the pesticide for the use.
The Agency has waived the fee for 196 minor agricultural use
registrations at the request of the registrants.
    In fiscal year 2012, maintenance fees were collected in one billing
cycle. The Pesticide Registration Improvement Renewal Act (PRIRA) was
passed by Congress in October 2007. PRIRA authorized the Agency to
collect $22 million dollars in maintenance fees in fiscal year 2012. In
late 2011, all holders of either FIFRA section 3 registrations or FIFRA
section 24(c) registrations were sent lists of their active
registrations, along with forms and instructions for responding. They
were asked to identify which of their registrations they wished to
maintain in effect, and to calculate and remit the appropriate
maintenance fees. Most responses were received by the statutory
deadline of January 15. A notice of intent to cancel was sent in
February 2012, to companies who did not respond and to companies who
responded, but paid for less than all of their registrations. Since
mailing the notices of intent to cancel, EPA has maintained a toll-free
inquiry number through which the questions of affected registrants have
been answered.
    Maintenance fees have been paid for about 15,420 FIFRA section 3
registrations, or about 96% of the registrations on file in December
2011. Fees have been paid for about 2,028 FIFRA section 24(c)
registrations, or about 88% of the total on file in December 2011.
Cancellations for non-payment of the maintenance fee affect about 182
FIFRA section 3 registrations and about 22 FIFRA section 24(c)
registrations.
    The cancellation orders generally permit registrants to continue to
sell and distribute existing stocks of the canceled products until
January 15, 2013, 1 year after the date on which the fee was due.
Existing stocks already in the hands of dealers or users, however, can
generally be distributed, sold, or used legally until they are
exhausted. Existing stocks are defined as those stocks of a registered
pesticide product which are currently in the United States and which
have been packaged, labeled, and released for shipment prior to the
effective date of the cancellation order.
    The exceptions to these general rules are cases where more
stringent restrictions on sale, distribution, or use of the products
have already been imposed, through special reviews or other Agency
actions. These general provisions for disposition of stocks should
serve in most cases to cushion

the impact of these cancellations while the market adjusts.

III. Listing of Registrations Canceled for Non-Payment

    Table 1 of this unit lists all of the FIFRA section 24(c)
registrations, and Table 2 of this unit lists all of the FIFRA section
3 registrations which were canceled for non-payment of the 2012
maintenance fee. These registrations have been canceled by order and
without hearing. Cancellation orders were sent to affected registrants
via certified mail in the past several days. The Agency is unlikely to
rescind cancellation of any particular registration unless the
cancellation resulted from Agency error.

 Table 1--FIFRA Section 24(c) Registrations Canceled for Non-Payment of
                          2012 Maintenance Fee
------------------------------------------------------------------------
                SLN No.                           Product name
------------------------------------------------------------------------
AR-99-0008............................  IDA, Inc. Diuron 80W.
CA-78-0207............................  Union Carbide Sevin Brand 50-W
                                         Insecticide.
CA-98-0003............................  Volck Supreme Spray.
HI-94-0003............................  Dimilin 25W Insect Growth
                                         Regulator.
ID-06-0014............................  Prozap Zinc Phosphide Pellets.
KS-04-0005............................  Atrazine 4L.
KS-10-0003............................  Rozol Prairie Dog Bait.
MT-95-0003............................  Zinc Phosphide Oat Bait.
MT-09-0002............................  CFT Legumine Fish Toxicant.
NC-09-0003............................  Dinotefuran 20% Turf, Ornamental
                                         and Veg. Transplant.
NV-04-0003............................  Zinc Phosphide Oat Bait.
NV-06-0007............................  Prozap Zinc Phosphide Pellets.
NY-09-0003............................  Superchlor.
OR-09-0005............................  Assail 70WP Insecticide.
PA-08-0006............................  Dinotefuran 20% Turf, Ornamental
                                         & Veg. Transplant.
SD-07-0001............................  Zinc Phosphide Oat Bait.
SD-07-0002............................  Zinc Phosphide Prairie Dog Bait.
TX-11-0003............................  Bollgard II Cotton.
WA-03-0004............................  Formaldehyde Solution 37.
WA-06-0011............................  Tristar 70 WSP Insecticide.
WA-07-0006............................  Assail 70 WP Insecticide.
WA-10-0006............................  Burrows E Wrap.
------------------------------------------------------------------------

 Table 2--FIFRA Section 3 Registrations Canceled for Non-Payment of 2012
                             Maintenance Fee
------------------------------------------------------------------------
           Registration No.                       Product name
------------------------------------------------------------------------
000106-00079..........................  Broadspec 256.
000322-00008..........................  Pearson's Rat Poison.
000706-00106..........................  Claire Lice Killer.
001043-00117..........................  Amerse 2.
001043-00118..........................  LPH(R).
001327-00036..........................  Fulex DDVP Fumigator.
001327-00041..........................  Fulex Nicotine Fumigator.
001327-00042..........................  Fulex Permethrin Fumigator.
001561-00010..........................  Steramine 2-G Tablets.
001691-00115..........................  Oxyclear.
001769-00227..........................  Chemene X.
001990-00386..........................  Co-Op R.O.L. Mineral.
001990-00387..........................  Rabon Oral Larvicide Block.
003090-00214..........................  Sanitized Brand Moving Van
                                         Interior Fogger.
003377-00034..........................  Sanibrom S Biocide Technical.
003377-00074..........................  Stabrom 910 Biocide.
003487-20203..........................  Roach Destroyer.
003635-00267..........................  Deep Crystal.
003635-00275..........................  GCO-30, Bacteriostat and
                                         Algaecide.
003635-00277..........................  GCO-30LM Bacteriostat and
                                         Algaecide.
006390-00016..........................  Vikol LO-25.
007173-00247..........................  Generation Meal Bait Packs.
007173-00291..........................  Ant Gel Bait Syringe.
007173-00292..........................  Roach Gel Bait Syringe.
007173-00296..........................  Pinpoint Ant Gel Bait Station.
007173-00298..........................  Pinpoint Roach Gel Bait Station.
007405-00071..........................  Chemi-Cap Wasp and Hornet
                                         Killer.
007405-00075..........................  CPC Crawling Insect Killer.
007616-00084..........................  HSSH.
008177-00071..........................  Enterprise Stain & Wood
                                         Preservative.
008383-00006..........................  Sporicidin-HD Concentrated for
                                         Hemodialysis.
008655-00011..........................  Eastman Acetic Acid P Grain and
                                         Hay Preservative.
009339-00023..........................  Aquagard II Spray Waterbase
                                         Antifouling Paint for Outboards
                                         & Outdrive.
009468-00032..........................  Kull 50 S.
009468-00036..........................  Alecto H20 Herbicide.
009468-00038..........................  Dictator.
009468-00039..........................  2,4-D LV6.
009468-00040..........................  2,4-D LV4.
009468-00041..........................  2,4-D Amine 4.0.
009468-00042..........................  Duplex Herbicide.
009468-00043..........................  Impale Insecticide.
010308-00023..........................  Sumithion 20MC Roach Bait
                                         Concentrate.
010330-00016..........................  Ethylene Oxide 10% and Carbon
                                         Dioxide Sterilizing Gas.
010330-00018..........................  20% Ethylene Oxide & 80% Carbon
                                         Dioxide Sterilizing Gas.
010330-00021..........................  8.5% Ethylene Oxide & Carbon
                                         Dioxide Sterilizing Gas.
011623-00011..........................  Flying Insect Killer No. II.
011694-00099..........................  Medaphene Plus Disinfectant
                                         Spray.
014663-00001..........................  VBC Dinotefuran Technical.
015300-00016..........................  Chemical Treatment CL-2061.
035380-00001..........................  Elston Gopher Getter Bait.
035380-00003..........................  G.G. Jr. Hand Probe Gopher
                                         Getter Bait.
035484-00001..........................  Gordon's Bordeaux Mixture.
035975-00004..........................  Sodium Fluoroacetate (Compound
                                         1080) Livestock Protection
                                         Collar.
036426-00003..........................  Crude Pyrethrum Extract.
036638-00023..........................  Nomate PBW Fiber.
037731-20001..........................  Sun-Clor.
037910-00009..........................  Nissan T.C.C.A. Tablet.
037982-20001..........................  Bacticide.
037982-20003..........................  L.T. Sanitizer 9.2%.
039272-00012..........................  Wepak Lemon Disinfectant.
040208-00003..........................  Crack-Shot Residual Insect
                                         Killer.
040208-00006..........................  Avenger Dust Insecticide.
040510-00005..........................  Sanitizer, Phenolic Type,
                                         Concentrate Fed. Spec. 0-D-
                                         1435.
040849-00079..........................  Enforcer Fire Ant Bait.
042850-00003..........................  Results Pet Powder.
043576-00002..........................  Feather Glo Bird-Cage-Defender.
044392-00005..........................  MBC 325.
044428-00003..........................  Anti-Fouling Bottom Paint
                                         030010.
045337-00010..........................  Take Out Algicide.
046274-00002..........................  Dakin's Solution Disinfectant By
                                         Century.
048302-00004..........................  Ravax AF Synthetic Resin Anti-
                                         Fouling Paint.
049403-00016..........................  Nipacide BK.
049403-00025..........................  Nipacide CI 15.
049403-00032..........................  Nipacide TBX.
049403-00033..........................  Nipacide GSF-A.
049538-00003..........................  Phyton 27 New Dimension.
050404-00010..........................  Duranon Premium Insect Repellent
                                         Apparel.
051032-00014..........................  Micro-Sul Dusting/wettable
                                         Sulfur.
053254-00006..........................  Oxidan TCA Tablets.
053254-00008..........................  Oxidan TCA/T200 Tablets.
054998-00009..........................  Brom-Aid.
056336-00022..........................  Checkmate SF.
056336-00032..........................  Checkout 60/40.
056336-00033..........................  Checkout 40/60.
056336-00034..........................  Checkmate CM Puffer Dispenser.
056572-00002..........................  Chlorine Gas.
057727-00001..........................  Buddies Puddy.
059345-00001..........................  Equi-Fly Oral Larvicide.
059823-00003..........................  Biobarrier II, Preemergence Weed
                                         Control System.
061667-00004..........................  Ag Sanitizer 12.5%.
062563-00004..........................  Beauty Liquid Disinfecting
                                         Toilet Bowl Cleaner.
063898-00002..........................  Tomicide S.
065615-00001..........................  Scoot Mole Evacuator.
065615-00002..........................  Scoot TM Rabbit.

065615-00004..........................  Scoot TM Deer Shrub and Tree
                                         Protection.
067360-00016..........................  Policida P-4.
067517-00003..........................  C & S Powder.
067517-00010..........................  Chlorinated Cleaner.
067517-00015..........................  Disinfectant Concentrate (4X).
067517-00021..........................  Purina Cattle Duster
                                         Insecticide.
067517-00026..........................  Purina Fly Larvicide (Feed
                                         Premix).
067517-00030..........................  Mushroom Farm Iodine
                                         Concentrate.
067517-00040..........................  Rabon Dust for Livestock and
                                         Poultry.
067517-00053..........................  Sanitizer Cleaner.
067517-00083..........................  Purina Cattle Mineral 12:12 VA
                                         Fly Larvicide.
067649-00005..........................  Chlorine SG.
067959-00002..........................  Trilin 10G.
067959-00004..........................  Trilin Herbicide.
068292-00002..........................  Weedaxe Herbicide.
069361-00013..........................  Triclopyr 4 Herbicide.
069361-00023..........................  Reaplon Ester.
069470-00024..........................  CDB Sanifizz 50 ST.
069493-00001..........................  Triad Pesticide.
070310-00002..........................  Agroneem Plus.
070369-00003..........................  Sunbeam Bacteriostat Tablets.
070387-00001..........................  Nimbecidine.
070553-00001..........................  Permethrin 98.5% Technical.
070553-00003..........................  Permethrin 80% MUP.
070567-00001..........................  BCS Sodium Hypochlorite Solution
                                         (12.5%) Mfg. Use.
070567-00003..........................  BCS Sodium Hypochlorite Solution
                                         (10%).
070567-00004..........................  BCS Sodium Hypochlorite Solution
                                         (11.9%).
071021-00003..........................  Formaldehyde Solution 37F.
071406-00006..........................  Diffusit SP.
071406-00007..........................  Diffusit SP 124.
072080-00002..........................  BAP-10.
072159-00004..........................  Agrisel Multi-Purpose Insect
                                         Killer 2.
072159-00008..........................  Bifenthrin Pro Insecticide.
072315-00010..........................  Olin Concentrated Sodium
                                         Hypochlorite.
072468-00003..........................  PMC 360.
072468-00005..........................  Mold Wipes 360.
072679-00002..........................  Copper Paint No. 4 Green.
073092-00001..........................  Superspeed SP52.
073601-00002..........................  Trichlor Chlorinating Tablets.
073601-00003..........................  Trichlor Granular.
073601-00005..........................  Dichlor 56.
074530-00041..........................  Helosate 70 Herbicide.
074530-00046..........................  Helosate Aquatic and VM
                                         Herbicide.
074530-00051..........................  Streamer Max.
074616-00001..........................  Calcium Hypochlorite.
075277-00001..........................  Deuce.
075340-00003..........................  Cop-R-Nap RTU Solution.
075341-00003..........................  Osmose Timberfume.
075341-00008..........................  Osmose Cop-R-Nap.
075341-00012..........................  Hollow Heart CF.
075341-00013..........................  Cop-R-Plastic II Wood Preserving
                                         Compound.
075639-00005..........................  Antmasters Complete Gel Bait.
075832-00003..........................  Treaters Choice.
075832-00004..........................  Chromic Acid-A.
079405-00002..........................  Hay Delight.
079442-00013..........................  Exosex APM.
080967-00006..........................  Gly N Go.
080967-00008..........................  Riocamba N Go Herbicide.
080967-00009..........................  Ascadera N Go Herbicide.
081045-00001..........................  Healthy Outdoors Brand Sustained
                                         Release Mosquito Larvicide.
082542-00025..........................  Solera Imidacloprid 2F
                                         Insecticide.
082744-00001..........................  Ratimor Wax Block.
082744-00002..........................  Ratimor Soft Bait.
083070-00005..........................  Imidadacloprid 75 MUP.
083359-00004..........................  Avex.
083851-00014..........................  Amtide Imidacloprid 2F
                                         Greenhouse/nursery.
083884-00007..........................  Invasan Am 110 US.
083979-00006..........................  Rotam Gly 41% Plus Herbicide.
084681-00002..........................  Deer Guard 2.
084878-00004..........................  Citrepel Plus.
085575-00001..........................  First Call.
086004-00004..........................  Glyphosate 41% SL.
086044-00002..........................  Rootplug.
086145-00004..........................  Mag Shock.
086203-00006..........................  1% Etofenprox Fogger.
086203-00007..........................  1% Etofenprox Aerosol.
086819-00001..........................  Evenxchange.
086869-00003..........................  Quinclorac 75 DF Select.
087370-00001..........................  Cyclops ATO Herbicide.
087370-00002..........................  Bijoux Herbicide.
087722-00001..........................  Bactiblock 101 R 1.47.
087722-00002..........................  Bactiblock 101 RKC 1.47.
087952-00001..........................  Marketquest One Drop Flea & Tick
                                         Control with IGR-2.
087985-00001..........................  Mold Inhibit.
088031-00001..........................  Rootgro.
088031-00002..........................  GA3 4%.
088031-00003..........................  Technical 3-Indolebutyric Acid.
088058-00001..........................  Chlorothalonil Technical.
------------------------------------------------------------------------

IV. Provisions for Disposition of Existing Stocks

    The effective date of cancellation will be the date of the
cancellation order. The orders effecting these requested cancellations
will generally permit a registrant to sell or distribute existing
stocks until January 15, 2013, 1 year after the date on which the fee
was due.
    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which have been packaged,
labeled, and released for shipment prior to the effective date of the
cancellation order. Unless the provisions of an earlier order apply,
existing stocks already in the hands of dealers or users can be
distributed, sold, or used legally until they are exhausted, provided
that such further sale and use comply with the EPA-approved label and
labeling of the affected product. Exception to these general rules will
be made in specific cases when more stringent restrictions on sale,
distribution, or use of the products or their ingredients have already
been imposed, as in a special review action, or where the Agency has
identified significant potential risk concerns associated with a
particular chemical.

V. Docket

    Complete lists of registrations canceled for non-payment of the
maintenance fee will also be available for reference during normal
business hours at the OPP Docket. See Unit I.B.

List of Subjects

    Environmental protection, Administrative practice and procedure,
Pesticides and pests.

    Dated: July 18, 2012.
Steven Bradbury,
Director, Office of Pesticide Programs.
[FR Doc. 2012-18375 Filed 7-26-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 30, 2008 (Volume 73, Number 147)]
[Proposed Rules]
[Page 44204-44206]
[DOCID:fr30jy08-30]

=======================================================================
-----------------------------------------------------------------------

 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0502; FRL-8699-3]

Revisions to the California State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions to the South Coast Air
Quality Management District (SCAQMD) portion of the California State
Implementation Plan (SIP). These revisions concern oxides of nitrogen
(NOX ) emissions from gaseous- and liquid-fueled internal
combustion engines. We are approving a local rule that regulates these
emission sources under the Clean Air Act as amended in 1990 (CAA or the
Act). We are taking comments on this proposal and plan to follow with a
final action.

DATES: Any comments must arrive by August 29, 2008.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2008-0502, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or e-mail.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send e-mail directly to EPA, your e-mail
address will be automatically captured and included as part of the
public comment. 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.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region
IX, 75 Hawthorne Street, San Francisco, California. While all documents
in the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., 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: Francisco D[oacute][ntilde]ez, EPA
Region IX,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. EPA's Evaluation and Action.
    A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA recommendations to further improve the rule.
    D. Public comment and final action.

III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the dates
that it was adopted by the local air agency and submitted by the
California Air Resources Board.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
           Local agency              Rule           Rule title             Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD............................          1110.2   Gaseous- and Liquid-             02/01/08         05/20/08
                                                      Fueled Internal
                                                      Combustion Engines.
----------------------------------------------------------------------------------------------------------------

    On June 9, 2008, this rule submittal was found to meet the
completeness criteria in 40 CFR Part 51, Appendix V, which must be met
before formal EPA review.

B. Are there other versions of this rule?

    There are no previous versions of Rule 1110.2 in the SIP, although
the SCAQMD adopted earlier versions of this rule on September 7, 1990;
August 12, 1994; and December 9, 1994. Those versions were not
submitted to EPA. The SCAQMD adopted an additional version of Rule
1110.2 on November 14, 1997, and CARB submitted that version to us on
May 18, 1998. We proposed a limited approval and limited disapproval of
that submission on March 18, 1999 (64 FR 13372), but did not finalize
that action. While we can act on only the most recently submitted
version, we have reviewed materials provided with previous submittals.

C. What is the purpose of the submitted rule?

    NOX helps produce ground-level ozone, smog and
particulate matter, which harm human health and the environment.
Section 110(a) of the CAA requires States to submit regulations that
control NOX emissions. Rule 1110.2 regulates NOX
emissions, as well as volatile organic compound (VOC) and carbon
monoxide (CO) emissions, from stationary and portable internal
combustion engines rated at 50 or more horsepower, including
agricultural engines. EPA's technical support document (TSD) has more
information about this rule.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rule?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and 182(f)), and must not relax existing
requirements (see sections 110(l) and 193). The SCAQMD regulates an
ozone nonattainment area (see 40 CFR part 81), so Rule 1110.2 must
fulfill RACT. Additionally, SIP rules must require Best Available
Control Measures (BACM), including Best Available Control Technology
(BACT), in serious particulate matter (PM) nonattainment areas (see CAA
sections 189(a)(1) and 189(b)(1)). The SCAQMD regulates a PM
nonattainment area classified as serious (see 40 CFR part 81), so Rule
1110.2 must implement BACM for PM precursors, including NOX.
    Guidance and policy documents that we use to help consistently
evaluate enforceability and RACT or BACM requirements include the
following:
    1. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620,
November 25, 1992.
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    5. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; Addendum to the General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 (August
16, 1994).
    6. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
    7.``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Stationary Spark-Ignited
Internal Combustion Engines'' (``the Determination''), California Air
Resources Board (November 2001).
    8. ``Best Available Control Technology Guidelines,'' South Coast
Air Quality Management District (August 17, 2000; latest revision July
14, 2006).

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. The
rule's emissions limits are more stringent than the corresponding
limits in the Determination or other California District rules on
internal combustion engines. The emissions limits taking effect in 2011
and 2012 are comparable to the limits expressed by the South Coast AQMD
BACT Guidelines. The deficiencies cited in the technical support
document (TSD) for the November 14, 1997 version of Rule 1110.2 (TSD
dated January 27, 2005), have been adequately remedied or justified in
this version. The TSD has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    At this time, EPA does not have recommendations to further improve
this rule.

D. Public Comment and Final Action

    Because EPA believes the submitted rule fulfills all relevant
requirements, we are proposing to fully approve it as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate this rule into the federally
enforceable SIP.

III. 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
     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, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements.

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

    Dated: July 11, 2008.
Laura Yoshii,
Acting Regional Administrator,Region IX.
 [FR Doc. E8-17455 Filed 7-29-08; 8:45 am]

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[Federal Register: December 14, 2007 (Volume 72, Number 240)]
[Notices]
[Page 71185]
[DOCID:fr14de07-81]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56933; File No. SR-Phlx-2007-70]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Order Approving a Proposed Rule Change Modified by Amendment No. 1
Thereto Relating to Rule 1034, Minimum Increments

December 7, 2007.
    On September 5, 2007, the Philadelphia Stock Exchange, Inc.
(``Phlx'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934, as amended (``Act'') \1\ and Rule 19b-
4 thereunder,\2\ a proposed rule change to amend Rule 1034, Minimum
Increments, to decrease the size of the minimum quoting and trading
increments applicable to the Exchange's U.S. dollar-settled foreign
currency options (``FCOs''). On October 11, 2007, the Exchange
submitted Amendment No. 1 to the proposed rule change. The proposed
rule change, as amended, was published for comment in the Federal
Register on November 02, 2007.\3\ The Commission received no comments
on the proposal. This order approves the proposed rule change, as
modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(l).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 56714 (October 29,
2007), 72 FR 56714 (SR-Phlx-2007-70).
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    Phlx proposed to amend Rule 1034, Minimum Increments, to decrease
the size of the minimum quoting and trading increments applicable to
the Exchange's U.S. dollar-settled FCOs.\4\ Currently, all U.S. dollar-
settled FCOs other than the Japanese yen have minimum increments of
$.0010 (expressed as .10) or $.0005 (expressed as .05). Minimum
increments for the Japanese yen are $.000010 (also expressed as .10) or
$.000005 (expressed as .05). In each case the applicable minimum
increment is determined by the price at which the option is quoting.
These minimum increments were originally established in order to
accommodate trading of U.S. dollar-settled FCOs on the Phlx XL
platform, which did not have penny trading capability when the rules
for the U.S. dollar-settled FCOs were first drafted and filed with the
Commission.
---------------------------------------------------------------------------

    \4\ On January 8, 2007, the Exchange began trading U.S. dollar-
settled options on the British pound and the Euro on the Exchange's
electronic trading platform for options, Phlx XL. See Securities
Exchange Act Release No. 54989 (December 21, 2006), 71 FR 78506
(December 29, 2006) (approving SR-Phlx-2006-34). The Exchange
subsequently listed U.S. dollar-settled FCOs on the Australian
dollar, the Canadian dollar, the Swiss franc and the Japanese yen.
See Securities Exchange Act Release No. 56034 (July 10, 2007), 72 FR
38853 (July 16, 2007) (approving SR-Phlx-2007-34).
    The Exchange plans to implement the proposed rule change on
January 2, 2008. Telephone conversation between Carla Behnfeldt,
Director and Counsel, Phlx, and Natasha Cowen, Special Counsel,
Division of Trading and Markets, Commission, on December 6, 2007.
---------------------------------------------------------------------------

    The proposed amendments to Rule 1034 would set the minimum
increment for U.S. dollar-settled FCOs on currencies other than the
Japanese yen at $.0001 and the minimum increment for U.S. dollar-
settled FCO contracts on the Japanese yen at $.000001 (in both cases
expressed as .01), regardless of the price at which the option is
quoting. The Exchange believes that quoting and trading U.S. dollar-
settled FCOs in smaller increments should provide additional trading
opportunities and enable investors to trade these options with greater
precision as to price. According to the Exchange, the changes would
permit the trading of U.S. dollar-settled FCOs in the same minimum
increments that have long been applicable to the Exchange's physical
delivery FCO contracts.\5\
---------------------------------------------------------------------------

    \5\ Although U.S. dollar-settled FCOs would be trading in these
narrower minimum increments, the Exchange notes that they would not
actually be trading in pennies (the trading increment would actually
be much smaller although it would be expressed as .01) and would not
be considered part of the Exchange's pilot program currently
applicable to certain equity options. The pilot, which permits
certain options series to be quoted and traded in increments of $
0.01, began on January 26, 2007. See, e.g., Securities Exchange Act
Release No. 56563 (September 27, 2007), 72 FR 56429 (October 3,
2007) (SR-Phlx-2007-62).
---------------------------------------------------------------------------

    The Commission finds, after careful consideration, that the
proposed rule change, as amended, is consistent with the requirements
of the Act and the rules and regulations thereunder applicable to a
national securities exchange.\6\ In particular, the Commission finds
that the proposed rule change is consistent with Section 6(b)(5) of the
Act,\7\ which requires that an exchange have rules designed, among
other things, to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The proposed rule change will allow
U.S. dollar-settled FCOs to trade in the same increments as applicable
to the Exchange's physical delivery FCOs.
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    \6\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\8\ that the proposed rule change (SR-Phlx-2007-70), as modified by
Amendment No. 1, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-24195 Filed 12-13-07; 8:45 am]

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