[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Rules and Regulations]
[Pages 57805-57810]
[FR Doc No: 2014-23018]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0517; FRL-9916-23]

C9 Rich Aromatic Hydrocarbons, C10-11 Rich
Aromatic Hydrocarbons, and C11-12 Rich Aromatic
Hydrocarbons; Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of C9 rich aromatic
hydrocarbons, C10-11 rich aromatic hydrocarbons, and
C11-12 rich aromatic hydrocarbons when used as inert
ingredients (solvents) in pesticide formulations applied to animals.
ExxonMobil Chemical Company submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment
of an exemption from the requirement of a tolerance. This regulation
eliminates the need to establish a maximum permissible level for
residues of C9 rich aromatic hydrocarbons, C10-11
rich aromatic hydrocarbons, and C11-12 rich aromatic
hydrocarbons.

DATES: This regulation is effective September 26, 2014. Objections and
requests for hearings must be received on or before November 25, 2014,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2011-0517, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

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

I. General Information

A. Does this action apply to me?

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

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

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://
www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab02.tpl.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2011-0517 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
November 25, 2014. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2011-0517, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of January 25, 2006 (71 FR 4135) (FRL-7750-
4) for C9 rich aromatic hydrocarbons, January 23, 2006 (71
FR 3512) (FRL-7750-3) for C10-11 rich aromatic hydrocarbons,
and February 1, 2006 (71 FR 5321) (FRL-7750-5) for C11-12
rich aromatic hydrocarbons, EPA issued notices pursuant to section 408
of FFDCA, 21 U.S.C. 346a, announcing the filing of pesticide petitions
(PP 4E6935, 4E6934, and 4E6937 respectively) by ExxonMobil Chemical
Company, 13501 Katy Freeway, Houston, TX 77079. The petitions requested
that 40 CFR 180.930 be amended by establishing exemptions from the
requirement of a tolerance for residues of C9 rich aromatic
hydrocarbons, C10-11 rich aromatic hydrocarbons, and
C11-12 rich aromatic hydrocarbons when used as inert
ingredients (solvents) in pesticide formulations applied to animals.
Those documents referenced summaries of the petitions prepared by
ExxonMobil Chemical Company. There were two comments received in
response to the notices of filing. EPA's response to these comments is
discussed in Unit V.B of this document.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . .''
    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will result from
aggregate exposure to the inert ingredient, an exemption from the
requirement of a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for C9 rich aromatic
hydrocarbons, C10-11 rich aromatic hydrocarbons, and
C11-12 rich aromatic hydrocarbons including exposure
resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with C9 rich
aromatic hydrocarbons, C10-11 rich aromatic hydrocarbons,
and C11-12 rich aromatic hydrocarbons follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
    C9 rich aromatic hydrocarbons, C10-11 rich
aromatic hydrocarbons, and C11-12 rich aromatic hydrocarbons
are products of the petroleum distillation and refining process. These
substances are various fractions of aromatic petroleum hydrocarbons
with specific boiling point ranges and flash points. Each of the
substances is comprised of a complex mixture of aromatic hydrocarbon
molecules in the range of 9 to 12 carbon atoms. Since C9
rich aromatic hydrocarbons, C10-11 rich aromatic
hydrocarbons, and C11-12 rich aromatic hydrocarbons differ
only in the proportions of the various hydrocarbon molecules within the
C9 to C12 range, they have similar
physicochemical and toxicological properties and have therefore been
assessed together.
    C9 rich aromatic hydrocarbons, C10-11 rich
aromatic hydrocarbons, and C11-12 rich aromatic hydrocarbons
exhibit low acute toxicity by oral, inhalation and dermal routes
(toxicity Category III or IV by all exposure routes). They are
minimally irritating to eyes and skin and negative for dermal
sensitization effects. Subchronic oral and inhalation toxicity studies
indicate these substances to be relatively non-toxic. Reversible
effects to the liver, thyroid, stomach, spleen, and urinary bladder
were reported at mid and high doses in a subchronic oral toxicity study
in rats. A developmental inhalation study in mice indicates no evidence
of developmental effects or any adverse effects in maternal animals at
dose levels below 715 milligrams/kilogram/day (mg/kg/day). An oral
developmental study in rats indicates maternal effects (decreased body
weight gain and food consumption) at the mid-dose (150 mg/kg/day) but
no developmental effects at the highest dose tested (450 mg/kg/day). An
inhalation reproduction study in rats indicates reduced body weight
gain in parents and offspring at mid and high doses (715 and 2,145 mg/
kg/day). Based on neurotoxicity studies, C9 rich aromatic
hydrocarbons, C10-11 rich aromatic hydrocarbons, and
C11-12 rich aromatic hydrocarbons are not expected to cause
any nervous system damage. Due to their complex, multi-constituent
nature, there are no substance-specific absorption, metabolism,
distribution and excretion studies done specifically on C9
rich aromatic hydrocarbons, C10-11 rich aromatic
hydrocarbons, and C11-12 rich aromatic hydrocarbons.
However, sufficient metabolism data are available on other aromatic
hydrocarbons to show that as a class they are typically well absorbed,
widely distributed between

tissues, extensively metabolized and rapidly excreted. C9
rich aromatic hydrocarbons, C10-11 rich aromatic
hydrocarbons, and C11-12 rich aromatic hydrocarbons are of
low toxicological concern for developmental and reproductive effects
and are not expected to be carcinogenic, based on the available
toxicity data.
    Specific information on the studies received and the nature of the
adverse effects caused by C9 rich aromatic hydrocarbons,
C10-11 rich aromatic hydrocarbons, and C11-12
rich aromatic hydrocarbons as well as the no-observed-adverse-effect-
level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from
the toxicity studies can be found at http://www.regulations.gov in the
document ``Exemptions From the Requirement of a Tolerance for C9 Rich
Aromatic Hydrocarbons, C10-11 Rich Aromatic Hydrocarbons, C11-12 Rich
Aromatic Hydrocarbons,'' at pp. 5-17 in docket ID number EPA-HQ-OPP-
2006-0517.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which the NOAEL and the LOAEL are identified.
Uncertainty/safety factors are used in conjunction with the POD to
calculate a safe exposure level--generally referred to as a population-
adjusted dose (PAD) or a reference dose (RfD)--and a safe margin of
exposure (MOE). For non-threshold risks, the Agency assumes that any
amount of exposure will lead to some degree of risk. Thus, the Agency
estimates risk in terms of the probability of an occurrence of the
adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for C9 rich
aromatic hydrocarbons, C10-11 rich aromatic hydrocarbons,
and C11-12 rich aromatic hydrocarbons used for human risk
assessment is shown in Table 1 of this unit.

  Table 1--Summary of Toxicological Doses and Endpoints for C9 Rich Aromatic Hydrocarbons, C10	11 Rich Aromatic
              Hydrocarbons, and C11	12 Rich Aromatic Hydrocarbons for Use in Human Risk Assessment
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                                    Point of departure
        Exposure/scenario            and uncertainty/     RfD, PAD, LOC for     Study and toxicological effects
                                      safety factors       risk assessment
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Acute dietary....................  NOAEL = 150 mg/kg/    Acute RfD = 1.5 mg/  Prenatal Developmental
(All populations)................   day.                  kg/day.             Toxicity Study in Rats.
                                   UFA = 10x...........  aPAD = 1.5 mg/kg/    LOAEL = 450 mg/kg/day based on
                                   UFH = 10x...........   day..                decreased body weight gain and
                                   FQPA SF = 1x........                        decreased food consumption.
Chronic dietary..................  NOAEL = 150 mg/kg/    Chronic RfD= 1.5 mg/ Prenatal Developmental
(All populations)................   day.                  kg/day.             Toxicity Study in Rats.
                                   UFA = 10x...........  cPAD = 1.5 mg/kg/    LOAEL = 450 mg/kg/day based on
                                   UFH = 10x...........   day..                decreased body weight gain and
                                   FQPA SF = 1x........                        decreased food consumption.
Inhalation, short-term...........  NOAEL = 110 ppm (156  LOC for MOE = 100..  3-day inhalation neurotoxicity
                                    mg/kg/day).                                study in rats.
                                   UFA = 10x...........                       LOAEL = 365 ppm based on low to
                                   UFH = 10x...........                        moderate gait abnormalities.
                                   FQPA SF = 1x........
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Cancer (Oral, dermal, inhalation)      Based on structure-activity relationship (SAR) analysis and structural
                                                      alerts, not expected to be carcinogenic.
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. PAD = population adjusted dose (a =
  acute, c = chronic). RfD = reference dose. UF = uncertainty factor. UFA = extrapolation from animal to human
  (interspecies). UFH = potential variation in sensitivity among members of the human population (intraspecies).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to C9 rich aromatic hydrocarbons, C10-11
rich aromatic hydrocarbons, and C11-12 rich aromatic
hydrocarbons, EPA considered exposure under the proposed exemption from
the requirement of a tolerance. EPA assessed dietary exposures from
C9 rich aromatic hydrocarbons, C10-11 rich
aromatic hydrocarbons, and C11-12 rich aromatic hydrocarbons
in food as follows:
    i. Acute and Chronic Exposure. In conducting the acute and chronic
dietary exposure assessment for C9 rich aromatic
hydrocarbons, C10-11 rich aromatic hydrocarbons, and
C11-12 rich aromatic hydrocarbons, EPA used food consumption
information from the U.S. Department of Agriculture (USDA) National
Health and Nutrition Examination Survey, What We Eat in America
(NHANES/WWEIA). This dietary survey was conducted from 2003 to 2008. As
to residue levels in food, no residue data were submitted for
C9 rich aromatic hydrocarbons, C10-11 rich
aromatic hydrocarbons, and C11-12 rich aromatic
hydrocarbons. In the absence of specific residue data, EPA has
developed an approach which uses surrogate information to derive upper
bound exposure estimates for the subject inert ingredients. Upper-bound
exposure estimates are based on the highest tolerance for a given
commodity from a list of high-use insecticides, herbicides, and
fungicides. A complete description of the general approach taken to
assess inert ingredient risks in the absence of residue data can be
found at http://www.regulations.gov in the document ``Alkyl Amines
Polyalkoxylates (Cluster 4): Acute and Chronic Aggregate (Food and
Drinking Water) Dietary Exposure and Risk

Assessments for the Inerts,'' in docket ID number EPA-HQ-OPP-2008-0738.
    In the case of C9 rich aromatic hydrocarbons,
C10-11 rich aromatic hydrocarbons, and C11-12
rich aromatic hydrocarbons, EPA made specific adjustments to the
dietary exposure assessment to account for evaporative loss, which is
an important consideration for compounds such as C9 rich
aromatic hydrocarbons, C10-11 rich aromatic hydrocarbons,
and C11-12 rich aromatic hydrocarbons.
    2. Dietary exposure from drinking water. For the purpose of the
screening level dietary risk assessment to support this request for an
exemption from the requirement of a tolerance for C9 rich
aromatic hydrocarbons, C10-11 rich aromatic hydrocarbons,
and C11-12 rich aromatic hydrocarbons, a conservative
drinking water concentration value of 100 parts per billion (ppb) based
on screening level modeling was used to assess the contribution to
drinking water for the chronic dietary risk assessments for parent
compound. These values were directly entered into the dietary exposure
model.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., textiles (clothing and diapers), carpets, swimming
pools, and hard surface disinfection on walls, floors, tables).
    C9 rich aromatic hydrocarbons, C10-11 rich
aromatic hydrocarbons, and C11-12 rich aromatic hydrocarbons
are not currently used as inert ingredients in pesticide products that
are registered for any use patterns that involve residential uses. The
primary non-pesticidal uses of C9 rich aromatic
hydrocarbons, C10-11 rich aromatic hydrocarbons, and
C11-12 rich aromatic hydrocarbons are as gasoline additives.
Residential exposures to these substances as a result of their use as
gasoline additives could occur via inhalation during refueling and from
potential transport of gasoline containing C9 rich aromatic
hydrocarbons, C10-11 rich aromatic hydrocarbons, and
C11-12 rich aromatic hydrocarbons into groundwater. There
are no reliable data upon which to quantitatively assess such exposures
to C9 rich aromatic hydrocarbons, C10-11 rich
aromatic hydrocarbons, and C11-12 rich aromatic hydrocarbons
specifically; however, modeled data for other gasoline additives
suggest that inhalation exposures would be at levels of <5 micrograms/
kilogram/day and that levels in groundwater would not exceed 0.2-16
ppb. It is reasonable to assume that the potential inhalation exposure
and levels in groundwater for C9 rich aromatic hydrocarbons,
C10-11 rich aromatic hydrocarbons, and C11-12
rich aromatic hydrocarbons would not exceed these modeled levels for
other gasoline additives, as C9 rich aromatic hydrocarbons,
C10-11 rich aromatic hydrocarbons, and C11-12
rich aromatic hydrocarbons are used as gasoline additives at
concentrations less than the gasoline additives for which modeled
information are available.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    EPA has not found C9 rich aromatic hydrocarbons,
C10-11 rich aromatic hydrocarbons, and C11-12
rich aromatic hydrocarbons to share a common mechanism of toxicity with
any other substances, and C9 rich aromatic hydrocarbons,
C10-11 rich aromatic hydrocarbons, and C11-12
rich aromatic hydrocarbons does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has assumed that C9 rich
aromatic hydrocarbons, C10-11 rich aromatic hydrocarbons,
and C11-12 rich aromatic hydrocarbons does not have a common
mechanism of toxicity with other substances. For information regarding
EPA's efforts to determine which chemicals have a common mechanism of
toxicity and to evaluate the cumulative effects of such chemicals, see
EPA's Web site at http://www.epa.gov/pesticides/cumulative.

 D. Safety Factor for Infants and Children

    1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the Food Quality
Protection Act Safety Factor (FQPA SF). In applying this provision, EPA
either retains the default value of 10X, or uses a different additional
safety factor when reliable data available to EPA support the choice of
a different factor.
    2. Prenatal and postnatal sensitivity. The available mammalian
toxicology database for C9 rich aromatic hydrocarbons,
C10-11 rich aromatic hydrocarbons, and C11-12
rich aromatic hydrocarbons is complete with respect to assessing
increased susceptibility to infants and children. There were no adverse
effects on the offspring of rats following prenatal and postnatal
exposure in the developmental toxicity study at the highest dose tested
of 450 mg/kg/day. In a 3-generation inhalation toxicity study in rats,
reproductive effects were seen only at dose levels above that at which
parental effects were noted.
    3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. That decision is based on the following
findings:
    i. The toxicity database for C9 rich aromatic
hydrocarbons, C10-11 rich aromatic hydrocarbons, and
C11-12 rich aromatic hydrocarbons is complete, except for an
immunotoxicity study. However, there is no evidence of immune system
involvement in the available toxicity database for C9 rich
aromatic hydrocarbons, C10-11 rich aromatic hydrocarbons,
and C11-12 rich aromatic hydrocarbons. Therefore, EPA has
determined that an additional uncertainty factor is not needed to
account for the lack of this study.
    ii. There is no indication that C9 rich aromatic
hydrocarbons, C10-11 rich aromatic hydrocarbons, and
C11-12 rich aromatic hydrocarbons are neurotoxic chemicals,
as there were no neurotoxic effects observed at the highest dose tested
in a 90-day inhalation neurotoxicity study in rats with a C9
aromatic hydrocarbon material. Given the similar physicochemical and
toxicological properties of the hydrocarbons assessed for this rule,
EPA concludes that C10-11 and C11-12 rich
aromatic hydrocarbons would demonstrate a similar lack of neurotoxic
effects; therefore, there is no need for a developmental neurotoxicity
study or additional UFs to account for neurotoxicity.
    iii. There is no evidence that C9 rich aromatic
hydrocarbons, C10-11 rich aromatic hydrocarbons, and
C11-12 rich aromatic hydrocarbons result in increased
susceptibility in in utero rats in the prenatal developmental studies
or in young rats in a 3-generation reproduction study.
    iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on 100 percent crop treated (PCT) and reasonable

worst-case expected residue levels. EPA made conservative (protective)
assumptions in the ground and surface water modeling used to assess
exposure to C9 rich aromatic hydrocarbons, C10-11
rich aromatic hydrocarbons, and C11-12 rich aromatic
hydrocarbons in drinking water. Moreover, EPA used conservative
assumptions about potential residential exposure from use of these
hydrocarbons in gasoline. These assessments will not underestimate the
exposure and risks posed by C9 rich aromatic hydrocarbons,
C10-11 rich aromatic hydrocarbons, and C11-12
rich aromatic hydrocarbons.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
    1. Acute risk. Using the exposure assumptions discussed in this
unit for acute exposure, the acute dietary exposure from food and water
to C9 rich aromatic hydrocarbons, C10-11 rich
aromatic hydrocarbons, and C11-12 rich aromatic hydrocarbons
will occupy 11% of the aPAD for children 1 to 2 years old, the
population group receiving the greatest exposure. Therefore,
C9 rich aromatic hydrocarbons, C10-11 rich
aromatic hydrocarbons, and C11-12 rich aromatic hydrocarbons
are not expected to pose an acute risk.
    2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
C9 rich aromatic hydrocarbons, C10-11 rich
aromatic hydrocarbons, and C11-12 rich aromatic hydrocarbons
from food and water will utilize 2.1% of the cPAD for children 1 to 2
years old, the population group receiving the greatest exposure. There
are no residential pesticidal uses for C9 rich aromatic
hydrocarbons, C10-11 rich aromatic hydrocarbons, and
C11-12 rich aromatic hydrocarbons. Also, as noted in Unit
IV.C.3., while gasoline containing C9 rich aromatic
hydrocarbons, C10-11 rich aromatic hydrocarbons, and
C11-12 rich aromatic hydrocarbons may result in some
potential exposure via drinking water, such drinking water exposures
are already addressed by the conservative assumptions for drinking
water concentrations utilized in the chronic dietary exposure
assessment.
    3. Short-term risk. Short-term aggregate exposure takes into
account short-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level). A short-term
adverse effect was identified. Short-term risk is assessed based on
short-term residential exposure plus chronic dietary exposure.
    C9 rich aromatic hydrocarbons, C10-11 rich
aromatic hydrocarbons, and C11-12 rich aromatic hydrocarbons
are not contained in pesticide products registered for any specific use
patterns that could result in in short-term residential exposure.
However, potential short term residential exposures to C9
rich aromatic hydrocarbons, C10-11 rich aromatic
hydrocarbons, and C11-12 rich aromatic hydrocarbons may
occur as a result of non-pesticide use as a gasoline additive. Using
the exposure assumptions described in this unit for short-term
exposures, EPA has concluded the combined short-term food, water, and
residential exposure result in estimated worst-case MOEs exceeding
10,000 for adults and children. Because EPA's level of concern for
C9 rich aromatic hydrocarbons, C10-11 rich
aromatic hydrocarbons, and C11-12 rich aromatic hydrocarbons
is a MOE of 100 or below, these MOEs are not of concern.
    4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level). An intermediate-term adverse effect was identified.
Intermediate-term risk is assessed based on intermediate-term
residential exposure plus chronic dietary exposure. C9 rich
aromatic hydrocarbons, C10-11 rich aromatic hydrocarbons,
and C11-12 rich aromatic hydrocarbons are not contained in
pesticide products registered for any specific use patterns (nor are
there any nonpestical uses) that could result in in intermediate short-
term residential exposure. EPA considers the chronic risk assessment to
cover intermediate-term risk. Based on the results of the chronic risk
assessment, EPA concludes that there is not an intermediate-term risk.
    5. Aggregate cancer risk for U.S. population. The Agency has not
identified any concerns for carcinogenicity relating to C9
rich aromatic hydrocarbons, C10-11 rich aromatic
hydrocarbons, and C11-12 rich aromatic hydrocarbons;
therefore, C9 rich aromatic hydrocarbons, C10-11
rich aromatic hydrocarbons, and C11-12 rich aromatic
hydrocarbons are not expected to pose a cancer risk to humans.
    6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to C9 rich aromatic hydrocarbons, C10-11
rich aromatic hydrocarbons, and C11-12 rich aromatic
hydrocarbons residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

B. Response to Comments

    One commenter opposed the authorization to sell any pesticide that
leaves a residue on food. The Agency understands the commenter's
concerns and recognizes that some individuals believe that no residue
of pesticides should be allowed. However, under the existing legal
framework provided by section 408 of the FFDCA, EPA is authorized to
establish pesticide tolerances or exemptions where persons seeking such
tolerances or exemptions have demonstrated that the pesticide meets the
safety standard imposed by the statute.
    A second commenter asserted that the subject chemical should not be
allowed for use on food and that short-term tests (which, the commenter
asserts, are the only tests EPA requires) are not sufficient to protect
the public from harm. Although it is difficult to know exactly what the
commenter means by ``short-term tests,'' the Agency believes the
comment to be inapplicable to the action at hand. Several repeat-dose
testing studies are available for these hydrocarbons. The Agency has
found that data acceptable for assessing the hazard of these aromatic
hydrocarbons and concluded that these exemptions will be safe.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is
established under 40 CFR 180.930 for C9 rich aromatic
hydrocarbons (CAS Reg. No. 64742-95-6), C10-11 rich aromatic
hydrocarbons (CAS Reg. No. 64742-94-5), and C11-12 rich
aromatic hydrocarbons (CAS Reg. No. 64742-94-5) when used as an inert
ingredient (solvent) in pesticide formulations applied to animals.

VII. Statutory and Executive Order Reviews

    This final rule establishes exemptions from the requirement of a
tolerance under FFDCA section 408(d) in response to petitions submitted
to the Agency. The Office of Management and Budget (OMB) has exempted
these types of actions from review under Executive Order 12866,
entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4,
1993). Because this final rule has been exempted from review under
Executive Order 12866, this final rule is not subject to Executive
Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the exemptions in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

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

List of Subjects in 40 CFR Part 180

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

    Dated: September 17, 2014.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

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

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

0
2. In Sec.  180.930, add alphabetically the following inert ingredients
in the table to read as follows:

Sec.  180.930  Inert ingredients applied to animals; exemption from the
requirement of a tolerance.

* * * * *

------------------------------------------------------------------------
         Inert ingredients                 Limits             Uses
------------------------------------------------------------------------

                              * * * * * * *
C9 rich aromatic hydrocarbons (CAS   .................  Solvent.
 Reg. No. 64742-95-6).
C10	11 rich aromatic hydrocarbons    .................  Solvent.
 (CAS Reg. No. 64742-94-5).
C11	12 rich aromatic hydrocarbons    .................  Solvent.
 (CAS Reg. No. 64742-94-5).

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

[FR Doc. 2014-23018 Filed 9-25-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Notices]
[Page 12044]
[FR Doc No: 2018-05529]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.

Extension:
    Regulation S-K, SEC File No. 270-002, OMB Control No. 3235-0071.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Regulation S-K (17 CFR 229.101 et seq.) specifies the non-financial
disclosure requirements applicable to registration statements under the
Securities Act of 1933 (15 U.S.C. 77a et seq.); and registration
statements, periodic reports, going-private transaction and tender
offer statements, proxy and information statements, and any other
documents required to be filed under Sections 12, 13, 14, and 15 of the
Securities Exchange Act of 1934 (15 U.S.C. 78l, 78m, 78n, 78o(d)).
Regulation S-K is assigned one burden hour for administrative
convenience.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view the background documentation for this
information collection at the following website, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
[email protected]; and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE, Washington, DC 20549 or send an email
to: [email protected]. Comments must be submitted to OMB within 30
days of this notice.

    Dated: March 14, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-05529 Filed 3-16-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Notices]
[Pages 11909-11911]
[FR Doc No: 2023-03837]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-57-000]

Texas Eastern Transmission, LP; Notice of Application and
Establishing Intervention Deadline

    Take notice that on February 10, 2023, Texas Eastern Transmission,
LP (Texas Eastern), 915 N. Eldridge Parkway, Suite 1100, Houston, Texas
77079, filed an application under sections 7(b) of the Natural Gas Act
(NGA), and part 157 of the Commission's regulations requesting
authorization to abandon one compressor unit and related appurtenances
located in Cameron Parish, Louisiana. Specifically, Texas Eastern
proposes to (i) abandon by removal the 27,500-horsepower compressor
unit at the Grand Chenier Compressor Station, the related aboveground
appurtenances with the exception of mainline valve 5, and underground
facilities located at or above a depth of 2 feet below grade, and (ii)
abandon in place all piping and buried structures located below a depth
of 2 feet below grade, all related to the Grand Chenier Compressor
Station (Project). Texas Eastern states that the Project will allow
Texas Eastern to eliminate the need for future operating and
maintenance expenditures on facilities that are not needed to meet firm
service obligations or for interruptible transportation service.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all

interested persons an opportunity to view and/or print the contents of
this document via the internet through the Commission's Home Page
(http://www.ferc.gov) using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. At this time, the Commission has suspended access
to the Commission's Public Reference Room, due to the proclamation
declaring a National Emergency concerning the Novel Coronavirus Disease
(COVID-19), issued by the President on March 13, 2020. For assistance,
contact FERC at [email protected] or call toll-free, (886)
208-3676 or TTY,<PHONE_NUMBER>.
    Any questions regarding this proposed project should be directed to
Arthur Diestel, Director, Regulatory Affairs, Texas Eastern
Transmission, LP, P.O. Box 1642, Houston, Texas 77251-1642, at (713)
627-5116, or by email [email protected].
    Pursuant to Section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \1\ 18 CFR (Code of Federal Regulations) 157.9.
---------------------------------------------------------------------------

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on March 10, 2023.
How to file protests, motions to intervene, and comments is explained
below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\2\ any person \3\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
---------------------------------------------------------------------------

    \2\ 18 CFR 157.205.
    \3\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\4\ and must be submitted by
the protest deadline, which is March 10, 2023. A protest may also serve
as a motion to intervene so long as the protestor states it also seeks
to be an intervenor.
---------------------------------------------------------------------------

    \4\ 18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \5\ and the regulations under the NGA \6\ by the
intervention deadline for the project, which is March 10, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \5\ 18 CFR 385.214.
    \6\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before March 10, 2023. The filing of a comment alone will not
serve to make the filer a party to the proceeding. To become a party,
you must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP23-57-000 in your submission:
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select ``General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \7\
---------------------------------------------------------------------------

    \7\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
---------------------------------------------------------------------------

    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP23-57-000.

To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426
To mail via any other courier, use the following address: Kimberly D.
Bose, Secretary, Federal Energy Regulatory

Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852

    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected]
    Protests and motions to intervene must be served on the applicant
either by mail at: Arthur Diestel, Director, Regulatory Affairs, Texas
Eastern Transmission, LP, P.O. Box 1642, Houston, Texas 77251-1642, or
email (with a link to the document) at: [email protected].
Any subsequent submissions by an intervenor must be served on the
applicant and all other parties to the proceeding. Contact information
for parties can be downloaded from the service list at the eService
link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: February 17, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-03837 Filed 2-23-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 208 (Friday, October 26, 2012)]
[Proposed Rules]
[Pages 65351-65352]
[FR Doc No: 2012-26427]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R07-RCRA-2012-0719; FRL-9744-3]

Missouri: Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: Missouri has applied to EPA for final authorization for the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA proposes to grant final authorization to
Missouri.

DATES: Comments on this proposed action must be received in writing by
November 26, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
RCRA-2012-0719 by one of the following methods:

    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail: Berla Jackson-Johnson, Environmental Protection Agency,
Waste Enforcement & Materials Management Branch, 11201 Renner Blvd.,
Lenexa, Kansas 66219.
    4. Hand Delivery or Courier. Deliver your comments to Berla
Jackson-Johnson, Environmental Protection Agency, RCRA Enforcement and
State Programs Branch, 11201 Renner Blvd., Lenexa, Kansas 66219. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:00 to 4:30, excluding legal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Berla Jackson-Johnson at<PHONE_NUMBER>,
or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the final rules section of the Federal
Register, EPA is authorizing the changes by an immediate final rule
without prior proposal because the Agency views this as a
noncontroversial revision amendment and anticipates no relevant adverse
comments to this action. A detailed rationale for the approval is set
forth in the direct final rule. If no relevant adverse comments are
received in response to this action, no further activity is
contemplated in relation to this action. If EPA receives relevant
adverse comments, the direct final rule will be withdrawn and all
public comments received will be addressed in a subsequent final rule
based on this proposed action. EPA will not institute a second comment
period on this action. Any parties interested in commenting on this
action should do so at this time. Please note that if EPA receives
adverse comment on part of this rule and if that part can be severed
from the remainder of the rule, EPA may adopt as final those parts of
the rule that are not the subject of an adverse comment. For additional
information, see the direct final rule which is located in the rules
section of this Federal Register.

    Dated: October 11, 2012.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2012-26427 Filed 10-25-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Rules and Regulations]
[Pages 73449-73450]
[FR Doc No: 2013-28814]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2003-0010; FRL-9903-47-Region-7]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Omaha Lead Superfund
Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 7 announces
the deletion of 1,154 residential parcel(s) identified June 4, 2013
Federal Register (FR) Notice of Intent to Partially Delete (NOIPD) of
the Omaha Lead Superfund Site (Site) located in Omaha, Nebraska from
the National Priorities List (NPL). The NPL, promulgated pursuant to
section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
This partial deletion pertains to the soil of 1,154 residential parcels
identified in the June 4, 2013 FR NOIPD. The remaining residential
parcels with soil lead levels at or above 400 parts per million (ppm)
will remain on the NPL and are not being considered for deletion as
part of this action. The EPA and the State of Nebraska, through the
Nebraska Department of Environmental Quality, have determined that all
appropriate response actions under CERCLA have been completed. However,
the deletion of these parcels does not preclude future actions under
Superfund.

DATES: This action is effective December 6, 2013.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-HQ-SFUND-2003-0010. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the site information repositories. Locations, contacts,
phone numbers and viewing hours are:

EPA Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219, open from 8
a.m. to 4 p.m.
EPA Public Information Center (north) 3040 Lake Street, Omaha, NE
68111, open from 8 a.m. to 4 p.m. Call<PHONE_NUMBER> to ensure that
staff are available; EPA Public Information Center (south) 4909 S. 25th
Street, Omaha, NE 68107, open from 8 a.m. to 4 p.m. Call<PHONE_NUMBER>
to ensure that staff are available; W. Dale Clark Library, 215 S. 15th
Street, Omaha, NE 68102.

FOR FURTHER INFORMATION CONTACT: Pauletta France-Isetts, Remedial
Project Manager, U.S. Environmental Protection Agency, Region 7, 8400
Underground Drive, Pillar 253, Kansas City, Missouri 64161, (913) 551-
7701, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The portion of the site to be deleted from
the NPL is: 1,154 residential parcels located within the Final Focus
Area of the Omaha Lead Site, Omaha, Nebraska. A Notice of Intent for
Partial Deletion for this Site was published in the Federal Register on
June 4, 2013. Parcel addresses are included as part of docket EPA-HQ-
1990-0010, which can be accessed through the http://www.regulations.gov
Web site.
    The closing date for comments on the Notice of Intent for Partial
Deletion was July 5, 2013. No public comments were received. EPA still
believes the partial deletion action is appropriate.
    EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion of a site from the NPL does not preclude further remedial
action. Whenever there is a significant release from a site deleted
from the NPL, the deleted site may be restored to the NPL without
application of the hazard ranking system. Deletion of portions of a
site from the NPL does not affect responsible party liability, in the
unlikely event that future conditions warrant further actions.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Dated: October 28, 2013.
Karl Brooks,
Regional Administrator, Region 7.

    For reasons set out in the preamble, 40 CFR part 300 is amended as
follows:

PART 300-- NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR 1987 Comp., p. 193.

0
2. Table 1 of Appendix B to part 300 is amended by revising the entry
under Omaha Lead Site, Omaha, Nebraska to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
                State                          Site name               City/County               Notes \a\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
NE...................................  Omaha Lead..............  Omaha/Douglas..........  P

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ * * *
P = Sites with partial deletion(s).

[FR Doc. 2013-28814 Filed 12-5-13; 8:45 am]
BILLING CODE P