(i) Volume or mass of each blending component.
    (ii) The CO2 emissions in metric tons that would result from the complete combustion or oxidation of each blended non-crude feedstock or product, using Equation MM-12 or Equation MM-13 of this section.
    (iii) Whether it is a blended non-crude feedstock or a blended product.
    (2) For a product that enters the refinery to be further refined or otherwise used on site that is a blended non-crude feedstock, refiners must meet the reporting requirements of paragraph (a)(2) of this section by reflecting the individual components of the blended non-crude feedstock.
    (3) For a product that is produced, imported, or exported that is a blended product, refiners, importers, and exporters must meet the reporting requirements of paragraphs (a)(6), (b)(2), and (c)(2) of this section, as applicable, by reflecting the individual components of the blended product.

Subpart NN  -  Suppliers of Natural Gas and Natural Gas Liquids
(§98.406)
(A) All fractionators.
(B) Local natural gas distribution companies that deliver 460,000 thousand standard cubic feet or more of natural gas per year.
    (a) In addition to the information required by §98.3(c), the annual report for each NGL fractionator covered by this rule shall contain the following information.
    (1) Annual quantity (in barrels) of each NGL product supplied to downstream facilities in the following product categories: ethane, propane, normal butane, isobutane, and pentanes plus.
    (2) Annual quantity (in barrels) of each NGL product received from other NGL fractionators in the following product categories: ethane, propane, normal butane, isobutane, and pentanes plus.
    (3) Annual volumes in Mscf of natural gas received for processing.
    (4) Annual quantities (in barrels) of y-grade, o-grade, and other bulk NGLs:
    (i) Received.
    (ii) Supplied to downstream users that are not fractionated by the reporter.
    (5) Annual quantity (in barrels) of propane that the NGL fractionator odorizes at the facility and delivers to others.
    (6) Annual CO2 emissions (metric tons) that would result from the complete combustion or oxidation of the quantities in paragraphs (a)(1) and (a)(2) of this section, calculated in accordance with §98.403(a) and (c)(1).
    (7) Annual CO2 mass emissions (metric tons) that would result from the combustion or oxidation of fractionated NGLs supplied less the quantity received from other fractionators, calculated in accordance with §98.403(c)(2). If the calculated value is negative, the reporter shall report the value as zero.
    (8) The specific industry standard used to measure each quantity reported in paragraph (a)(1) of this section.
    (9) If the NGL fractionator developed reporter-specific EFs or HHVs, report the following for each product type:
    (i) The specific industry standard(s) used to develop reporter-specific higher heating value(s) and/or emission factor(s), pursuant to §98.404(b)(2) and (c)(3).
    (ii) The developed HHV(s).
    (iii) The developed EF(s).
    (b) In addition to the information required by §98.3(c), the annual report for each LDC shall contain the following information.
    (1) Annual volume in Mscf of natural gas received by the LDC at its city gate stations for redelivery on the LDC's distribution system, including for use by the LDC.
    (2) Annual volume in Mscf of natural gas placed into storage or liquefied and stored (Fuel1 in Equation NN-5a).
    (3) Annual volume in Mscf of natural gas withdrawn from on-system storage and annual volume in Mscf of vaporized liquefied natural gas (LNG) withdrawn from storage for delivery on the distribution system (Fuel2 in Equation NN-5a).
    (4) [Reserved]
    (5) Annual volume in Mscf of natural gas that bypassed the city gate(s) and was supplied through the LDC distribution system. This includes natural gas from producers and natural gas processing plants from local production, or natural gas that was vaporized upon receipt and delivered, and any other source that bypassed the city gate (Fuelz in Equation NN-5b).
    (6) Annual volume in Mscf of natural gas delivered to downstream gas transmission pipelines and other local distribution companies.
    (7) Annual volume in Mscf of natural gas delivered by the LDC to each large end-user as defined in §98.403(b)(2)(i) of this section.
    (8) The total annual CO2 mass emissions (metric tons) associated with the volumes in paragraphs (b)(1) through (b)(7) of this section, calculated in accordance with §98.403(a) and (b)(1) through (b)(3).
    (9) Annual CO2 emissions (metric tons) that would result from the complete combustion or oxidation of the annual supply of natural gas to end-users registering less than 460,000 Mscf, calculated in accordance with §98.403(b)(4). If the calculated value is negative, the reporter shall report the value as zero.
    (10) The specific industry standard used to develop the volume reported in paragraph (b)(1) of this section.
    (11) If the LDC developed reporter-specific EFs or HHVs, report the following:
    (i) The specific industry standard(s) used to develop reporter-specific higher heating value(s) and/or emission factor(s), pursuant to §98.404 (b)(2) and (c)(3).
    (ii) The developed HHV(s).
    (iii) The developed EF(s).
    (12) The customer name, address, and meter number of each large end-user reported in paragraph (b)(7) of this section. Additionally, report whether the quantity of natural gas reported in paragraph (b)(7) of this section is the total quantity delivered to a large end-user's facility, or the quantity delivered to a specific meter located at the facility.
    (i) If known, report the EIA identification number of each LDC customer.
    (ii) [Reserved]
    (13) The annual volume in Mscf of natural gas delivered by the local distribution company to each of the following end-use categories. For definitions of these categories, refer to EIA Form 176 (Annual Report of Natural Gas and Supplemental Gas Supply & Disposition) and Instructions.
    (i) Residential consumers.
    (ii) Commercial consumers.
    (iii) Industrial consumers.
    (iv) Electricity generating facilities.
    (c) Each reporter shall report the number of days in the reporting year for which substitute data procedures were used for the following purpose:
    (1) To measure quantity.
    (2) To develop HHV(s).
    (3) To develop EF(s).
Subpart OO  -  Suppliers of Industrial Greenhouse Gases
(§98.416)
Producers:  All in

Importers & Exporters with annual bulk imports or exports of N2O, fluorinated GHG, and CO2that in combination are equivalent to 25,000 metric tons CO2e or more.
    In addition to the information required by §98.3(c), each annual report must contain the following information:
    (a) Each fluorinated GHG or nitrous oxide production facility shall report the following information:
    (1) Mass in metric tons of each fluorinated GHG or nitrous oxide produced at that facility by process, except for amounts that are captured solely to be shipped off site for destruction.
    (2) Mass in metric tons of each fluorinated GHG or nitrous oxide transformed at that facility, by process.
    (3) Mass in metric tons of each fluorinated GHG that is destroyed at that facility and that was previously produced as defined at §98.410(b). Quantities to be reported under this paragraph (a)(3) of this section include but are not limited to quantities that are shipped to the facility by another facility for destruction and quantities that are returned to the facility for reclamation but are found to be irretrievably contaminated and are therefore destroyed.
    (4) [Reserved]
    (5) Total mass in metric tons of each fluorinated GHG or nitrous oxide sent to another facility for transformation.
    (6) Total mass in metric tons of each fluorinated GHG sent to another facility for destruction, except fluorinated GHGs that are not included in the mass produced in §98.413(a) because they are removed from the production process as by-products or other wastes. Quantities to be reported under this paragraph (a)(6) could include, for example, fluorinated GHGs that are returned to the facility for reclamation but are found to be irretrievably contaminated and are therefore sent to another facility for destruction.
    (7) Total mass in metric tons of each fluorinated GHG that is sent to another facility for destruction and that is not included in the mass produced in §98.413(a) because it is removed from the production process as a byproduct or other waste.
    (8)-(9) [Reserved]
    (10) Mass in metric tons of any fluorinated GHG or nitrous oxide fed into the transformation process, by process.
    (11) Mass in metric tons of each fluorinated GHG that is fed into the destruction device and that was previously produced as defined at §98.410(b). Quantities to be reported under this paragraph (a)(11) of this section include but are not limited to quantities that are shipped to the facility by another facility for destruction and quantities that are returned to the facility for reclamation but are found to be irretrievably contaminated and are therefore destroyed.
    (12) Mass in metric tons of each fluorinated GHG or nitrous oxide that is measured coming out of the production process, by process.
    (13) Mass in metric tons of each used fluorinated GHGs or nitrous oxide added back into the production process (e.g., for reclamation), including returned heels in containers that are weighed to measure the mass in §98.414(a), by process.
    (14) Names and addresses of facilities to which any nitrous oxide or fluorinated GHGs were sent for transformation, and the quantities (metric tons) of nitrous oxide and of each fluorinated GHG that were sent to each for transformation.
    (15) Names and addresses of facilities to which any fluorinated GHGs were sent for destruction, and the quantities (metric tons) of each fluorinated GHG that were sent to each for destruction.
    (16) Where missing data have been estimated pursuant to §98.415, the reason the data were missing, the length of time the data were missing, the method used to estimate the missing data, and the estimates of those data.
    (b) By March 31, 2011 or within 60 days of commencing fluorinated GHG destruction, whichever is later, a fluorinated GHG production facility or importer that destroys fluorinated GHGs shall submit a one-time report containing the following information for each destruction process:
    (1) Destruction efficiency (DE).
    (2) Methods used to determine the destruction efficiency.
    (3) Methods used to record the mass of fluorinated GHG destroyed.
    (4) Chemical identity of the fluorinated GHG(s) used in the performance test conducted to determine DE.
    (5) Name of all applicable federal or state regulations that may apply to the destruction process.
    (6) If any process changes affect unit destruction efficiency or the methods used to record mass of fluorinated GHG destroyed, then a revised report must be submitted to reflect the changes. The revised report must be submitted to EPA within 60 days of the change.
    (c) Each bulk importer of fluorinated GHGs or nitrous oxide shall submit an annual report that summarizes its imports at the corporate level, except for shipments including less than twenty-five kilograms of fluorinated GHGs or nitrous oxide, transshipments, and heels that meet the conditions set forth at §98.417(e). The report shall contain the following information for each import:
    (1) Total mass in metric tons of nitrous oxide and each fluorinated GHG imported in bulk, including each fluorinated GHG constituent of the fluorinated GHG product that makes up between 0.5 percent and 100 percent of the product by mass.
    (2) Total mass in metric tons of nitrous oxide and each fluorinated GHG imported in bulk and sold or transferred to persons other than the importer for use in processes resulting in the transformation or destruction of the chemical.
    (3) Date on which the fluorinated GHGs or nitrous oxide were imported.
    (4) Port of entry through which the fluorinated GHGs or nitrous oxide passed.
    (5) Country from which the imported fluorinated GHGs or nitrous oxide were imported.
    (6) Commodity code of the fluorinated GHGs or nitrous oxide shipped.
    (7) Importer number for the shipment.
    (8) Total mass in metric tons of each fluorinated GHG destroyed by the importer.
    (9) If applicable, the names and addresses of the persons and facilities to which the nitrous oxide or fluorinated GHGs were sold or transferred for transformation, and the quantities (metric tons) of nitrous oxide and of each fluorinated GHG that were sold or transferred to each facility for transformation.
    (10) If applicable, the names and addresses of the persons and facilities to which the fluorinated GHGs were sold or transferred for destruction, and the quantities (metric tons) of each fluorinated GHG that were sold or transferred to each facility for destruction.
    (d) Each bulk exporter of fluorinated GHGs or nitrous oxide shall submit an annual report that summarizes its exports at the corporate level, except for shipments including less than twenty-five kilograms of fluorinated GHGs or nitrous oxide, transshipments, and heels. The report shall contain the following information for each export:
    (1) Total mass in metric tons of nitrous oxide and each fluorinated GHG exported in bulk.
    (2) Names and addresses of the exporter and the recipient of the exports.
    (3) Exporter's Employee Identification Number.
    (4) Commodity code of the fluorinated GHGs and nitrous oxide shipped.
    (5) Date on which, and the port from which, fluorinated GHGs and nitrous oxide were exported from the United States or its territories.
    (6) Country to which the fluorinated GHGs or nitrous oxide were exported.
    (e) By March 31, 2011, or within 60 days of commencing fluorinated GHG production, whichever is later, a fluorinated GHG production facility shall submit a one-time report describing the following information:
    (1) The method(s) by which the producer in practice measures the mass of fluorinated GHGs produced, including the instrumentation used (Coriolis flowmeter, other flowmeter, weigh scale, etc.) and its accuracy and precision.
    (2) The method(s) by which the producer in practice estimates the mass of fluorinated GHGs fed into the transformation process, including the instrumentation used (Coriolis flowmeter, other flowmeter, weigh scale, etc.) and its accuracy and precision.
    (3) The method(s) by which the producer in practice estimates the fraction of fluorinated GHGs fed into the transformation process that is actually transformed, and the estimated precision and accuracy of this estimate.
    (4) The method(s) by which the producer in practice estimates the masses of fluorinated GHGs fed into the destruction device, including the method(s) used to estimate the concentration of the fluorinated GHGs in the destroyed material, and the estimated precision and accuracy of this estimate.
    (5) The estimated percent efficiency of each production process for the fluorinated GHG produced.
    (f) By March 31, 2011, all fluorinated GHG production facilities shall submit a one-time report that includes the concentration of each fluorinated GHG constituent in each fluorinated GHG product as measured under §98.414(n). If the facility commences production of a fluorinated GHG product that was not included in the initial report or performs a repeat measurement under §98.414(n) that shows that the identities or concentrations of the fluorinated GHG constituents of a fluorinated GHG product have changed, then the new or changed concentrations, as well as the date of the change, must be reflected in a revision to the report. The revised report must be submitted to EPA by the March 31st that immediately follows the measurement under §98.414(n).
    (g) Isolated intermediates that are produced and transformed at the same facility are exempt from the reporting requirements of this section.
    (h) Low-concentration constituents are exempt from the reporting requirements of this section.

Subpart PP  -  Suppliers of Carbon Dioxide
(§98.426)
Producers:  All in

Bulk importers & exporters with annual bulk imports or exports of N2O, fluorinated GHG, and CO2that in combination are equivalent to 25,000 metric tons CO2e or more

    In addition to the information required by §98.3(c) of subpart A of this part, the annual report shall contain the following information, as applicable:
    (a) If you use Equation PP-1 of this subpart, report the following information for each mass flow meter or CO2 stream that delivers CO2 to containers:
    (1) Annual mass in metric tons of CO2.
    (2) Quarterly mass in metric tons of CO2.
    (3) Quarterly concentration of the CO2 stream.
    (4) The standard used to measure CO2 concentration.
    (5) The location of the flow meter in your process chain in relation to the points of CO2 stream capture, dehydration, compression, and other processing.
    (b) If you use Equation PP-2 of this subpart, report the following information for each volumetric flow meter or CO2stream that delivers CO2 to containers:
    (1) Annual mass in metric tons of CO2.
    (2) Quarterly volume in standard cubic meters of CO2.
    (3) Quarterly concentration of the CO2 stream in volume or weight percent.
    (4) Report density as follows:
    (i) Quarterly density of the CO2 stream in metric tons per standard cubic meter if you report the concentration of the CO2 stream in paragraph (b)(3) of this section in weight percent.
    (ii) Quarterly density of CO2 in metric tons per standard cubic meter if you report the concentration of the CO2 stream in paragraph (b)(3) of this section in volume percent.
    (5) The method used to measure density.
    (6) The standard used to measure CO2 concentration.
    (7) The location of the flow meter in your process chain in relation to the points of CO2 stream capture, dehydration, compression, and other processing.
    (c) For the aggregated annual mass of CO2 emissions calculated using Equation PP-3a or PP-3b, report the following:
    (1) If you use Equation PP-3a of this subpart, report the annual CO2 mass in metric tons from all flow meters and CO2 streams that deliver CO2 to containers.
    (2) If you use Equation PP-3b of this subpart, report:
    (i) The total annual CO2 mass through main flow meter(s) in metric tons.
    (ii) The total annual CO2 mass through subsequent flow meter(s) in metric tons.
    (iii) The total annual CO2 mass supplied in metric tons.
    (iv) The location of each flow meter in relation to the point of segregation.
    (d) If you use Equation PP-4 of this subpart, report at the corporate level the annual mass of CO2 in metric tons in all CO2 containers that are imported or exported.
    (e) Each reporter shall report the following information:
    (1) The type of equipment used to measure the total flow of the CO2 stream or the total mass or volume in CO2containers.
    (2) The standard used to operate and calibrate the equipment reported in (e)(1) of this section.
    (3) The number of days in the reporting year for which substitute data procedures were used for the following purpose:
    (i) To measure quantity.
    (ii) To measure concentration.
    (iii) To measure density.
    (f) Report the aggregated annual quantity of CO2 in metric tons that is transferred to each of the following end use applications, if known:
    (1) Food and beverage.
    (2) Industrial and municipal water/wastewater treatment.
    (3) Metal fabrication, including welding and cutting.
    (4) Greenhouse uses for plant growth.
    (5) Fumigants (e.g., grain storage) and herbicides.
    (6) Pulp and paper.
    (7) Cleaning and solvent use.
    (8) Fire fighting.
    (9) Transportation and storage of explosives.
    (10) Injection of carbon dioxide for enhanced oil and natural gas recovery that is covered by subpart UU of this part.
    (11) Geologic sequestration of carbon dioxide that is covered by subpart RR of this part.
    (12) Research and development.
    (13) Other.
    (g) Each production process unit that captures a CO2 stream for purposes of supplying CO2 for commercial applications or in order to sequester or otherwise inject it underground when custody of the CO2 is maintained shall report the percentage of that stream, if any, that is biomass-based during the reporting year.
Subpart QQ  -  Importers and Exporters of Fluorinated Greenhouse Gases Contained in Pre-Charged Equipment or Closed-Cell Foams
(§98.436)
Importers and exporters of an annual quantity of fluorinated greenhouse gases contained in pre-charged equipment or closed-cell foams that is equivalent to 25,000 metric tons CO2e or more.

    (a) Each importer of fluorinated GHGs contained in pre-charged equipment or closed-cell foams must submit an annual report that summarizes its imports at the corporate level, except for transshipments, as specified:
    (1) Total mass in metric tons of each fluorinated GHG imported in pre-charged equipment or closed-cell foams.
    (2) For each type of pre-charged equipment with a unique combination of charge size and charge type, the identity of the fluorinated GHG used as a refrigerant or electrical insulator, charge size (holding charge, if applicable), and number imported.
    (3) For closed-cell foams that are imported inside of equipment, the identity of the fluorinated GHG contained in the foam, the mass of the fluorinated GHG contained in the foam in each piece of equipment, and the number of pieces of equipment imported with each unique combination of mass and identity of fluorinated GHG within the closed-cell foams.
    (4) For closed cell-foams that are not imported inside of equipment, the identity of the fluorinated GHG in the foam, the density of the fluorinated GHG in the foam (kg fluorinated GHG/cubic foot), and the volume of foam imported (cubic feet) for each type of closed-cell foam with a unique combination of fluorinated GHG density and identity.
    (5) Dates on which the pre-charged equipment or closed-cell foams were imported.
    (6) If the importer does not know the identity and mass of the fluorinated GHGs within the closed-cell foam, the importer must report the following:
    (i) Total mass in metric tons of CO2e of the fluorinated GHGs imported in closed-cell foams.
    (ii) For closed-cell foams that are imported inside of equipment, the mass of the fluorinated GHGs in CO2e contained in the foam in each piece of equipment and the number of pieces of equipment imported for each equipment type.
    (iii) For closed-cell foams that are not imported inside of equipment, the density in CO2e of the fluorinated GHGs in the foam (kg CO2e/cubic foot) and the volume of foam imported (cubic feet) for each type of closed-cell foam.
    (iv) Dates on which the closed-cell foams were imported.
    (v) Name of the foam manufacturer for each type of closed-cell foam where the identity and mass of the fluorinated GHGs is unknown.
    (vi) Certification that the importer was unable to obtain information on the identity and mass of the fluorinated GHGs within the closed-cell foam from the closed-cell foam manufacturer or manufacturers.
    (b) Each exporter of fluorinated GHGs contained in pre-charged equipment or closed-cell foams must submit an annual report that summarizes its exports at the corporate level, except for transshipments, as specified:
    (1) Total mass in metric tons of each fluorinated GHG exported in pre-charged equipment or closed-cell foams.
    (2) For each type of pre-charged equipment with a unique combination of charge size and charge type, the identity of the fluorinated GHG used as a refrigerant or electrical insulator, charge size (including holding charge, if applicable), and number exported.
    (3) For closed-cell foams that are exported inside of equipment, the identity of the fluorinated GHG contained in the foam in each piece of equipment, the mass of the fluorinated GHG contained in the foam in each piece of equipment, and the number of pieces of equipment exported with each unique combination of mass and identity of fluorinated GHG within the closed-cell foams.
    (4) For closed-cell foams that are not exported inside of equipment, the identity of the fluorinated GHG in the foam, the density of the fluorinated GHG in the foam (kg fluorinated GHG/cubic foot), and the volume of foam exported (cubic feet) for each type of closed-cell foam with a unique combination of fluorinated GHG density and identity.
    (5) Dates on which the pre-charged equipment or closed-cell foams were exported.
    (6) If the exporter does not know the identity and mass of the fluorinated GHG within the closed-cell foam, the exporter must report the following:
    (i) Total mass in metric tons of CO2e of the fluorinated GHGs exported in closed-cell foams.
    (ii) For closed-cell foams that are exported inside of equipment, the mass of the fluorinated GHGs in CO2e contained in the foam in each piece of equipment and the number of pieces of equipment imported for each equipment type.
    (iii) For closed-cell foams that are not exported inside of equipment, the density in CO2e of the fluorinated GHGs in the foam (kg CO2 e/cubic foot) and the volume of foam imported (cubic feet) for each type of closed-cell foam.
    (iv) Dates on which the closed-cell foams were exported.
    (v) Name of the foam manufacturer for each type of closed-cell foam where the identity and mass of the fluorinated GHGg is unknown.
    (vi) Certification that the exporter was unable to obtain information on the identity and mass of the fluorinated GHGs within the closed-cell foam from the closed-cell foam manufacturer or manufacturers.
Subpart RR  -  Geologic Sequestration of Carbon Dioxide
(§98.446)
All in
    In addition to the information required by §98.3(c), report the information listed in this section.
    (a) If you receive CO2 by pipeline, report the following for each receiving flow meter:
    (1) The total net mass of CO2 received (metric tons) annually.
    (2) If a volumetric flow meter is used to receive CO2 report the following unless you reported yes to paragraph (a)(4) of this section:
    (i) The volumetric flow through a receiving flow meter at standard conditions (in standard cubic meters) in each quarter.
    (ii) The volumetric flow through a receiving flow meter that is redelivered to another facility without being injected into your well (in standard cubic meters) in each quarter.
    (iii) The CO2 concentration in the flow (volume percent CO2 expressed as a decimal fraction) in each quarter.
    (3) If a mass flow meter is used to receive CO2 report the following unless you reported yes to paragraph (a)(4) of this section:
    (i) The mass flow through a receiving flow meter (in metric tons) in each quarter.
    (ii) The mass flow through a receiving flow meter that is redelivered to another facility without being injected into your well (in metric tons) in each quarter.
    (iii) The CO2 concentration in the flow (weight percent CO2 expressed as a decimal fraction) in each quarter.
    (4) If the CO2 received is wholly injected and not mixed with any other supply of CO2, report whether you followed the procedures in §98.444(a)(4).
    (5) The standard or method used to calculate each value in paragraphs (a)(2) through (a)(3) of this section.
    (6) The number of times in the reporting year for which substitute data procedures were used to calculate values reported in paragraphs (a)(2) through (a)(3) of this section.
    (7) Whether the flow meter is mass or volumetric.
    (8) A numerical identifier for the flow meter.
    (b) If you receive CO2 in containers, report:
    (1) The mass (in metric tons) or volume at standard conditions (in standard cubic meters) of contents in containers received in each quarter.
    (2) The concentration of CO2 of contents in containers (volume or wt. percent CO2 expressed as a decimal fraction) in each quarter.
    (3) The mass (in metric tons) or volume (in standard cubic meters) of contents in containers that is redelivered to another facility without being injected into your well in each quarter.
    (4) The net mass of CO2 received (in metric tons) annually.
    (5) The standard or method used to calculate each value in paragraphs (b)(1), (b)(2), and (b)(3) of this section.
    (6) The number of times in the reporting year for which substitute data procedures were used to calculate values reported in paragraphs (b)(1) and (b)(2) of this section.
    (c) If you use more than one receiving flow meter, report the total net mass of CO2 received (metric tons) through all flow meters annually.
    (d) The source of the CO2 received according to the following categories:
    (1) CO2 production wells.
    (2) Electric generating unit.
    (3) Ethanol plant.
    (4) Pulp and paper mill.
    (5) Natural gas processing.
    (6) Gasification operations.
    (7) Other anthropogenic source.
    (8) Discontinued enhanced oil and gas recovery project.
    (9) Unknown.
    (e) Report the date that you began collecting data for calculating total amount sequestered according to §98.448(a)(7) of this subpart.
    (f) Report the following. If the date specified in paragraph (e) of this section is during the reporting year for this annual report, report the following starting on the date specified in paragraph (e) of this section.
    (1) For each injection flow meter (mass or volumetric), report:
    (i) The mass of CO2 injected (metric tons) annually.
    (ii) The CO2 concentration in flow (volume or weight percent CO2 expressed as a decimal fraction) in each quarter.
    (iii) If a volumetric flow meter is used, the volumetric flow rate at standard conditions (in standard cubic meters) in each quarter.
    (iv) If a mass flow meter is used, the mass flow rate (in metric tons) in each quarter.
    (v) A numerical identifier for the flow meter.
    (vi) Whether the flow meter is mass or volumetric.
    (vii) The standard used to calculate each value in paragraphs (f)(1)(ii) through (f)(1)(iv) of this section.
    (viii) The number of times in the reporting year for which substitute data procedures were used to calculate values reported in paragraphs (f)(1)(ii) through (f)(1)(iv) of this section.
    (ix) The location of the flow meter.
    (2) The total CO2 injected (metric tons) in the reporting year as calculated in Equation RR-6 of this subpart.
    (3) For CO2 emissions from equipment leaks and vented emissions of CO2, report the following:
    (i) The mass of CO2 emitted (in metric tons) annually from equipment leaks and vented emissions of CO2 from equipment located on the surface between the flow meter used to measure injection quantity and the injection wellhead.
    (ii) The mass of CO2 emitted (in metric tons) annually from equipment leaks and vented emissions of CO2 from equipment located on the surface between the production wellhead and the flow meter used to measure production quantity.
    (4) For each separator flow meter (mass or volumetric), report:
    (i) CO2 mass produced (metric tons) annually.
    (ii) CO2 concentration in flow (volume or weight percent CO2 expressed as a decimal fraction) in each quarter.
    (iii) If a volumetric flow meter is used, volumetric flow rate at standard conditions (standard cubic meters) in each quarter.
    (iv) If a mass flow meter, mass flow rate (metric tons) in each quarter.
    (v) A numerical identifier for the flow meter.
    (vi) Whether the flow meter is mass or volumetric.
    (vii) The standard used to calculate each value in paragraphs (f)(4)(ii) through (f)(4)(iv) of this section.
    (viii) The number of times in the reporting year for which substitute data procedures were used to calculate values reported in paragraphs (f)(4)(ii) through (f)(4)(iv) of this section.
    (5) The entrained CO2 in produced oil or other fluid divided by the CO2 separated through all separators in the reporting year (weight percent CO2 expressed as a decimal fraction) used as the value for X in Equation RR-9 of this subpart and as determined according to your EPA-approved MRV plan.
    (6) Annual CO2 produced in the reporting year as calculated in Equation RR-9 of this subpart.
    (7) For each leakage pathway through which CO2 emissions occurred, report:
    (i) A numerical identifier for the leakage pathway.
    (ii) The CO2 (metric tons) emitted through that pathway in the reporting year.
    (8) Annual CO2 mass emitted (metric tons) by surface leakage in the reporting year as calculated by Equation RR-10 of this subpart.
    (9) Annual CO2 (metric tons) sequestered in subsurface geologic formations in the reporting year as calculated by Equation RR-11 or RR-12 of this subpart.
    (10) Cumulative mass of CO2 (metric tons) reported as sequestered in subsurface geologic formations in all years since the well or group of wells became subject to reporting requirements under this subpart.
    (11) Date that the most recent MRV plan was approved by EPA and the MRV plan approval number that was issued by EPA.
    (12) An annual monitoring report that contains the following components:
    (i) A narrative history of the monitoring efforts conducted over the previous calendar year, including a listing of all monitoring equipment that was operated, its period of operation, and any relevant tests or surveys that were conducted.
    (ii) A description of any changes to the monitoring program that you concluded were not material changes warranting submission of a revised MRV plan under §98.448(d).
    (iii) A narrative history of any monitoring anomalies that were detected in the previous calendar year and how they were investigated and resolved.
    (iv) A description of any surface leakages of CO2, including a discussion of all methodologies and technologies involved in detecting and quantifying the surface leakages and any assumptions and uncertainties involved in calculating the amount of CO2 emitted.
    (13) If a well is permitted under the Underground Injection Control program, for each injection well, report:
    (i) The well identification number used for the Underground Injection Control permit.
    (ii) The Underground Injection Control permit class.
    (14) If an offshore well is not subject to the Safe Drinking Water Act, for each injection well, report any well identification number and any identification number used for the legal instrument authorizing geologic sequestration.

Subpart SS  -  Electrical Equipment Manufacture or Refurbishment
(§98.456)
Total annual purchases of SF6and PFCs that exceed 23,000 pounds
    In addition to the information required by §98.3(c), each annual report must contain the following information for each chemical at the facility level:
    (a) Pounds of SF6 and PFCs stored in containers at the beginning of the year.
    (b) Pounds of SF6 and PFCs stored in containers at the end of the year.
    (c) Pounds of SF6 and PFCs purchased in bulk.
    (d) Pounds of SF6 and PFCs returned by equipment users with or inside equipment.
    (e) Pounds of SF6 and PFCs returned to site from off site after recycling.
    (f) Pounds of SF6 and PFCs inside new equipment delivered to customers.
    (g) Pounds of SF6 and PFCs delivered to equipment users in containers.
    (h) Pounds of SF6 and PFCs returned to suppliers.
    (i) Pounds of SF6 and PFCs sent off site for destruction.
    (j) Pounds of SF6 and PFCs sent off site to be recycled.
    (k) The nameplate capacity of the equipment, in pounds, delivered to customers with SF6 or PFCs inside, if different from the quantity in paragraph (f) of this section.
    (l) A description of the engineering methods and calculations used to determine emissions from hoses or other flow lines that connect the container to the equipment that is being filled.
    (m) The values for EFci of Equation SS-5 of this subpart for each hose and valve combination and the associated valve fitting sizes and hose diameters.
    (n) The total number of fill operations for each hose and valve combination, or, FCi of Equation SS-5 of this subpart.
    (o) If the mass of SF6 or the PFC disbursed to customers in new equipment over the period p is determined according to the methods required in §98.453(h), report the mean value of nameplate capacity in pounds for each make, model, and group of conditions.
    (p) If the mass of SF6 or the PFC disbursed to customers in new equipment over the period p is determined according to the methods required in §98.453(h), report the number of samples and the upper and lower bounds on the 95 percent confidence interval for each make, model, and group of conditions.
    (q) Pounds of SF6 and PFCs used to fill equipment at off-site electric power transmission or distribution locations, or MF, of Equation SS-6 of this subpart.
    (r) Pounds of SF6 and PFCs used to charge the equipment prior to leaving the electrical equipment manufacturer or refurbishment facility, or MC, of Equation SS-6 of this subpart.
    (s) The nameplate capacity of the equipment, in pounds, installed at off-site electric power transmission or distribution locations used to determine emissions from installation, or NI, of Equation SS-6 of this subpart.
    (t) For any missing data, you must report the reason the data were missing, the parameters for which the data were missing, the substitute parameters used to estimate emissions in their absence, and the quantity of emissions thereby estimated.

Subpart TT -- Industrial Waste Landfills
(§98.466)
25,000 metric tons C02e/year
    In addition to the information required by §98.3(c), each annual report must contain the following information for each landfill.
    (a) Report the following general landfill information:
    (1) A classification of the landfill as "open" (actively received waste in the reporting year) or "closed" (no longer receiving waste).
    (2) The year in which the landfill first started accepting waste for disposal.
    (3) The last year the landfill accepted waste (for open landfills, enter the estimated year of landfill closure).
    (4) The capacity (in metric tons) of the landfill.
    (5) An indication of whether leachate recirculation is used during the reporting year and its typical frequency of use over the past 10 years (e.g., used several times a year for the past 10 years, used at least once a year for the past 10 years, used occasionally but not every year over the past 10 years, not used).
    (b) Report the following waste characterization and modeling information:
    (1) The number of waste steams (including "Other Industrial Solid Waste (not otherwise listed)" and "Inerts") for which Equation TT-1 of this subpart is used to calculate modeled CH4 generation.
    (2) A description of each waste stream (including the types of materials in each waste stream) for which Equation TT-1 of this subpart is used to calculate modeled CH4 generation.
    (3) The fraction of CH4 in the landfill gas, F, (volume fraction, dry basis, corrected to 0% oxygen) for the reporting year and an indication as to whether this was the default value or a value determined through measurement data.
    (4) The methane correction factor (MCF) value used in the calculations. If an MCF value other than the default of 1 is used, provide a description of the aeration system, including aeration blower capacity, the fraction of the landfill containing waste affected by the aeration, the total number of hours during the year the aeration blower was operated, and other factors used as a basis for the selected MCF value.
    (5) For each waste stream, the decay rate (k) value used in the calculations.
    (c) Report the following historical waste information:
    (1) [Reserved]
    (2) For each waste stream identified in paragraph (b) of this section, the method(s) for estimating historical waste disposal quantities and the range of years for which each method applies.
    (3) For each waste stream identified in paragraph (b) of this section for which Equation TT-2 of this subpart is used, provide:
    (i) [Reserved]
    (ii) The year of the data used in Equation TT-2 of §98.463 for the waste disposal quantity and production quantity, for each year used in Equation TT-2 to calculate the average waste disposal factor (WDF).
    (iii) [Reserved]
    (4) If Equation TT-4a of this subpart is used, provide:
    (i) The value of landfill capacity (LFC).
    (ii) YrData.
    (iii) YrOpen.
    (5) If Equation TT-4b of this subpart is used, provide:
    (i) WIP (i.e., the quantity of waste in-place at the start of the reporting year from design drawings or engineering estimates (metric tons) or, for closed landfills for which waste in-place quantities are not available, the landfill's design capacity).
    (ii) The cumulative quantity of waste placed in the landfill for the years for which disposal quantities are available from company record or from Equation TT-3 of this part.
    (iii) YrLast.
    (iv) YrOpen.
    (v) NYrData.
    (d) For each year of landfilling starting with the "Start Year" (S) and each year thereafter up to the current reporting year, report the following information:
    (1) The calendar year for which the following data elements apply.
    (2) The quantity of waste (WX) disposed of in the landfill (metric tons, wet weight) for the specified year for each waste stream identified in paragraph (b) of this section.
    (3) For each waste stream, the degradable organic carbon (DOCX) value (mass fraction) for the specified year and an indication as to whether this was the default value from Table TT-1 to this subpart, a measured value using a 60-day anaerobic biodegradation test as specified in §98.464(b)(4)(i), or a value based on total and volatile solids measurements as specified in §98.464(b)(4)(ii). If DOCX was determined by a 60-day anaerobic biodegradation test, specify the test method used.
    (e) Report the following information describing the landfill cover material:
    (1) The type of cover material used (as either organic cover, clay cover, sand cover, or other soil mixtures).
    (2) For each type of cover material used, the surface area (in square meters) at the start of the reporting year for the landfill sections that contain waste and that are associated with the selected cover type.
    (f) The modeled annual methane generation (GCH4) for the reporting year (metric tons CH4) calculated using Equation TT-1 of this subpart.
    (g) For landfills without gas collection systems, provide:
    (1) The annual methane emissions (i.e., the methane generation (MG), adjusted for oxidation, calculated using Equation TT-6 of this subpart), reported in metric tons CH4.
    (2) An indication of whether passive vents and/or passive flares (vents or flares that are not considered part of the gas collection system as defined in §98.6) are present at this landfill.
    (h) For landfills with gas collection systems, in addition to the reporting requirements in paragraphs (a) through (f) of this section, provide:
    (1) The annual methane generation, adjusted for oxidation, calculated using Equation TT-6 of this subpart, reported in metric tons CH4.
    (2) The oxidation factor used in Equation TT-6 of this subpart.
    (3) All information required under 40 CFR 98.346(i)(1) through (7) and 40 CFR 98.346(i)(9) through (12).
Subpart UU  -  Injection of Carbon Dioxide
(§98.476)
All In
    If you are subject to this part and report under this subpart, you are not required to report the information in §98.3(c)(4) for this subpart. In addition to the information required by §98.3(c)(1) through §98.3(c)(3) and by §98.3(c)(5) through §98.3(c)(9), you must report the information listed in this section.
    (a) If you receive CO2 by pipeline, report the following for each receiving flow meter:
    (1) The total net mass of CO2 received (metric tons) annually.
    (2) If a volumetric flow meter is used to receive CO2:
    (i) The volumetric flow through a receiving flow meter at standard conditions (in standard cubic meters) in each quarter.
    (ii) The volumetric flow through a receiving flow meter that is redelivered to another facility without being injected into your well (in standard cubic meters) in each quarter.
    (iii) The CO2 concentration in the flow (volume percent CO2 expressed as a decimal fraction) in each quarter.
    (3) If a mass flow meter is used to receive CO2:
    (i) The mass flow through a receiving flow meter (in metric tons) in each quarter.
    (ii) The mass flow through a receiving flow meter that is redelivered to another facility without being injected into your well (in metric tons) in each quarter.
    (iii) The CO2 concentration in the flow (weight percent CO2 expressed as a decimal fraction) in each quarter.
    (4) The standard or method used to calculate each value in paragraphs (a)(2) through (a)(3) of this section.
    (5) The number of times in the reporting year for which substitute data procedures were used to calculate values reported in paragraphs (a)(2) through (a)(3) of this section.
    (6) Whether the flow meter is mass or volumetric.
    (b) If you receive CO2 in containers, report:
    (1) The mass (in metric tons) or volume at standard conditions (in standard cubic meters) of contents in containers in each quarter.
    (2) The concentration of CO2 of contents in containers (volume or weight percent CO2 expressed as a decimal fraction) in each quarter.
    (3) The mass (in metric tons) or volume (in standard cubic meters) of contents in containers that is redelivered to another facility without being injected into your well in each quarter.
    (4) The net total mass of CO2 received (in metric tons) annually.
    (5) The standard or method used to calculate each value in paragraphs (b)(1), (b)(2), and (b)(3) of this section.
    (6) The number of times in the reporting year for which substitute data procedures were used to calculate values reported in paragraphs (b)(1) and (b)(2) of this section.
    (c) If you use more than one receiving flow meter, report the net total mass of CO2 received (metric tons) through all flow meters annually.
    (d) The source of the CO2 received according to the following categories:
    (1) CO2 production wells.
    (2) Electric generating unit.
    (3) Ethanol plant.
    (4) Pulp and paper mill.
    (5) Natural gas processing.
    (6) Gasification operations.
    (7) Other anthropogenic source.
    (8) Discontinued enhanced oil and gas recovery project.
    (9) Unknown.
    (e) Report the following:
    (1) Whether the facility received a Research and Development project exemption from reporting under 40 CFR part 98, subpart RR, for this reporting year. If you received an exemption, report the start and end dates of the exemption approved by EPA.
    (2) Whether the facility includes a well or group of wells where a CO2 stream was injected into subsurface geologic formations to enhance the recovery of oil during this reporting year.
    (3) Whether the facility includes a well or group of wells where a CO2 stream was injected into subsurface geologic formations to enhance the recovery of natural gas during this reporting year.
    (4) Whether the facility includes a well or group of wells where a CO2 stream was injected into subsurface geologic formations for acid gas disposal during this reporting year.
    (5) Whether the facility includes a well or group of wells where a CO2 stream was injected for a purpose other than those listed in paragraphs (e)(1) through (4) of this section. If you injected CO2 for another purpose, report the purpose of the injection.


These hypothetical nonattainment areas do not reflect  nor are they intended to prejudge  8 hour ozone nonattainment areas. The names and boundaries for the 8 hour nonattainment areas have not yet been determined and could for instance include nearby counties that contribute to the nonattainment problem. These hypothetical areas were developed to help compare the possible results of various classification options under consideration in implementing the 8 hour standard. The hypothetical areas are the larger of C/ MSAs or 1 hour nonattainment areas except for the Los Angeles C/ MSA, which is divided into three 1 hour nonattainment areas. Violating counties adjacent to a nonattaining C/ MSA were included in that hypothetical area. The data base combines all monitors in counties adjacent to an area. If a violating county is adjacent to a C/ MSA without a monitored violation within the C/ MSA, the C/ MSA and the adjacent violating county were combined into the hypothetical nonattainment area. Air quality data is based on the period 2000 2002, except in cases of incomplete recent data. The design value for the area is based on the monitor with the highest design value in the area. A hypothetical nonattainment area may contain several 1 hour nonattainment/ maintenance areas or several C/ MSAs ( e. g., San Joaquin, CA). These procedures are intended to bring together  for analysis purposes only  the areas with the measured violations and the nearby contributing areas. A B C D E F AREA 1 hr DV 8 hr DV 1hr class 1hr main 8 hr Class Allentown Bethlehem Easton, PA NJ 117 94 Subpart 1 Asheville, NC 106 89 Subpart 1 Atlanta, GA 144 99 Serious Moderate Augusta Aiken, GA SC 112 88 Subpart 1 Austin San Marcos, TX 103 85 Subpart 1 Baton Rouge, LA 135 86 Severe 15 Marginal Beaumont Port Arthur, TX 144 90 Moderate Marginal Bell Co, KY ( SE KY at TN & VA border) 104 86 Subpart 1 Benton Harbor, MI 123 90 Marginal Benzie Co, MI ( N on Lake Michigan) 116 86 Subpart 1 Birmingham, AL 127 92 Marginal Moderate Bloomington, IN ( Greene and Jackson Cos, IN) 102 89 Subpart 1 Boston Lawrence Worcester ( E. MA), MA NH 130 93 Serious Moderate Bowling Green, KY 104 86 Marginal RTSubpart 1 Buffalo Niagara Falls, NY 116 97 Marginal Subpart 1 Canton Massillon, OH 109 89 Subpart 1 Charleston, WV 105 85 Moderate Subpart 1 Charlotte Gastonia Rock Hill, NC SC 130 102 Moderate Moderate Chattanooga, TN GA 119 93 Subpart 1 Chicago Gary Lake County, IL IN ( WI) 135 100 Severe 17 Moderate Chico, CA 107 89 Sec185a Subpart 1 Cincinnati Hamilton, OH KY IN 121 96 Moderate Moderate Clarksville Hopkinsville, TN KY 101 85 Subpart 1 Cleveland Akron, OH 128 99 Moderate Moderate Columbia, SC 115 93 Subpart 1 Columbus, OH 117 90 Marginal Subpart 1 Dallas Fort Worth, TX 135 99 Serious Moderate Dayton Springfield, OH 112 90 Moderate Subpart 1 Decatur, AL 107 85 Subpart 1 Detroit Ann Arbor Flint, MI 119 88 Moderate Subpart 1 Erie, PA 108 88 Marginal Subpart 1 Essex Co, NY ( Whiteface Mountain) 108 86 Marginal RT Subpart 1 Evansville Henderson, IN KY 108 87 Marginal Subpart 1 Fayetteville, NC 108 87 Subpart 1 Florence, SC 103 86 Subpart 1 Fort Wayne, IN 104 88 Subpart 1 Grand Rapids Muskegon Holland, MI 123 92 Moderate Moderate Greater Connecticut, CT 139 100 Serious Moderate Green Bay Appleton Oshkosh Neenah Door, WI 110 91 Marginal RTSubpart 1 Greensboro Winston Salem High Point, NC 121 95 Moderate Moderate Greenville Spartanburg Anderson, SC 114 90 Marginal Subpart 1 Hancock & Waldo Cos, ME 120 93 Marginal Subpart 1 Harrisburg Lebanon Carlisle, PA 114 94 Marginal Subpart 1 Hickory Morganton Lenoir, NC 110 91 Subpart 1 8 HR O3 NAAQS HYPOTHETICAL NONATTAINMENT AREAS ( 2000 2002 data) Houston Galveston Brazoria, TX 175 107 Severe 17 Serious Huntington Ashland, WV KY OH 115 88 Moderate Subpart 1 Indianapolis, IN 119 93 Marginal Subpart 1 Jamestown, NY 115 92 Subpart 1 Johnson City Kingsport Bristol, TN VA 113 92 Subpart 1 Johnstown, PA 106 88 Marginal Subpart 1 Kansas City, MO KS 115 85 Other Subpart 1 Knoxville, TN 118 98 Marginal Subpart 1 Lancaster, PA 118 94 Marginal Subpart 1 Lima, OH 108 88 Subpart 1 Little Rock North Little Rock, AR 114 86 Subpart 1 Longview Marshall, TX 122 88 Marginal Los Angeles South Coast Air Basin, CA ( LA CMSA 169 128 Extreme Severe 17 Louisville, KY IN 114 90 Moderate Subpart 1 Macon, GA 125 92 Moderate Mason Co, MI ( N on Lake Michigan) 116 87 Subpart 1 Memphis, TN AR MS 123 94 Marginal Moderate Milwaukee Racine, WI 134 100 Severe 17 Moderate Murray Co, GA ( E of Chattanooga) 104 87 Subpart 1 Nashville, TN 116 88 Moderate Subpart 1 New Orleans, LA 122 85 Sec185A Marginal New York N. New Jersey L. Island, NY NJ CT PA 149 115 Severe 17 Serious Norfolk Virginia Beach Newport News, VA NC 117 89 Marginal Subpart 1 Owensboro, KY IN ( includes Perry Co, IN) 115 90 Marginal Subpart 1 Parkersburg Marietta, WV OH 113 88 Moderate Subpart 1 Philadelphia Wilmin Atlantic Ci, PA NJ MD DE 143 107 Severe 15 Serious Phoenix Mesa, AZ 107 85 Serious Subpart 1 Pittsburgh, PA ( WV) 119 95 Moderate Subpart 1 Portland, ME 126 90 Moderate Marginal Providence ( All RI), RI 130 97 Serious Moderate Putnam Co, TN ( between Nashville & Knoxville) 102 86 Subpart 1 Raleigh Durham Chapel Hill, NC 118 94 Moderate Subpart 1 Reading, PA 113 93 Moderate Subpart 1 Richmond Petersburg, VA 124 90 Moderate Marginal Roanoke, VA 107 87 Subpart 1 Rochester, NY 110 85 Subpart 1 Rocky Mount, NC 106 88 Subpart 1 Sacramento Metro, CA 143 106 Severe 15 Moderate San Antonio, TX 119 86 Subpart 1 San Diego, CA 118 95 Serious Subpart 1 San Joaquin Valley, CA 151 115 Severe 15 Serious Scranton Wilkes Barre Hazleton, PA 112 85 Marginal Subpart 1 Sheboygan, WI 123 99 Moderate Moderate South Bend Elkhart, IN 123 90 Marginal Marginal Southeast Desert Modified AQMA, CA ( LA CMSA 147 105 Severe 17 Moderate Springfield ( Western MA), MA 132 92 Serious Moderate St Louis, MO IL 123 90 Serious Marginal State College, PA 109 85 Subpart 1 Steubenville Weirton, OH WV 110 86 Sect 185A Subpart 1 Syracuse, NY 121 91 Marginal Toledo, OH 111 89 Moderate Subpart 1 Tulsa, OK 122 87 Marginal Ventura Co, CA ( part of LA CMSA) 124 97 Severe 15 Moderate Washington Baltimore, DC MD VA WV 143 106 Severe 15 Moderate Wheeling, WV OH 109 85 Subpart 1 York, PA 114 92 Marginal Subpart 1 Youngstown Warren Sharon, PA OH 116 92 Marginal Subpart 1 Column A B C D E F Area's 8 hr classification under final rule 8 hr O3 design value for 2000 2002 ( ppm O3) 1 hr O3 design value for 2000 2002 ( ppm O3) Name of hypothetical 8 hr O3 nonattainment area No entry means either the area is nonattainment ( see col. D) or is attainment and has never been nonattainment. Entry indicates area is designated attainment and has a maintenance plan the entry is the area's former classification Area's current classification if nonattainment under 1 hr O3 NAAQS ( blank if maintenance or never attainment) Definition 8 hr nonattainment areas/ 1 hr nonattainment areas A B C D E F AREA 1 hr DV 8 hr DV 1hr class 1hr main 8 hr Class Los Angeles South Coast Air Basin, CA ( LA CMSA 169 128 Extreme Severe 17 Birmingham, AL 127 92 Marginal Moderate Buffalo Niagara Falls, NY 116 97 Marginal Subpart 1 Erie, PA 108 88 Marginal Subpart 1 Harrisburg Lebanon Carlisle, PA 114 94 Marginal Subpart 1 Johnstown, PA 106 88 Marginal Subpart 1 Lancaster, PA 118 94 Marginal Subpart 1 Scranton Wilkes Barre Hazleton, PA 112 85 Marginal Subpart 1 York, PA 114 92 Marginal Subpart 1 Youngstown Warren Sharon, PA OH 116 92 Marginal Subpart 1 Essex Co, NY ( Whiteface Mountain) 108 86 Marginal RT Subpart 1 Beaumont Port Arthur, TX 144 90 Moderate Marginal Cincinnati Hamilton, OH KY IN 121 96 Moderate Moderate Portland, ME 126 90 Moderate Marginal Chico, CA 107 89 Sec185a Subpart 1 Atlanta, GA 144 99 Serious Moderate Boston Lawrence Worcester ( E. MA), MA NH 130 93 Serious Moderate Dallas Fort Worth, TX 135 99 Serious Moderate Greater Connecticut, CT 139 100 Serious Moderate Phoenix Mesa, AZ 107 85 Serious Subpart 1 Providence ( All RI), RI 130 97 Serious Moderate San Diego, CA 118 95 Serious Subpart 1 Springfield ( Western MA), MA 132 92 Serious Moderate Baton Rouge, LA 135 86 Severe 15 Marginal Philadelphia Wilmin Atlantic Ci, PA NJ MD DE 143 107 Severe 15 Serious Sacramento Metro, CA 143 106 Severe 15 Moderate San Joaquin Valley, CA 151 115 Severe 15 Serious Ventura Co, CA ( part of LA CMSA) 124 97 Severe 15 Moderate Washington Baltimore, DC MD VA WV 143 106 Severe 15 Moderate Chicago Gary Lake County, IL IN ( WI) 135 100 Severe 17 Moderate Houston Galveston Brazoria, TX 175 107 Severe 17 Serious Milwaukee Racine, WI 134 100 Severe 17 Moderate New York N. New Jersey L. Island, NY NJ CT PA 149 115 Severe 17 Serious Southeast Desert Modified AQMA, CA ( LA CMSA 147 105 Severe 17 Moderate Column A B C D Definition Name of hypothetical 8 hr O3 nonattainment area 1 hr O3 design value for 2000 2002 ( ppm O3) 8 hr O3 design value for 2000 2002 ( ppm O3)

Area's current classification if nonattainment under 1 hr O3 NAAQS ( blank if maintenance or never attainment) 8 HR O3 NAAQS HYPOTHETICAL NONATTAINMENT AREAS ( 2000 2002 data) E F No entry means either the area is nonattainment ( see col. D) or is attainment and has never been nonattainment. Entry indicates area is designated attainment and has a maintenance plan the entry is the area's former classification Area's 8 hr classification under final rule Column A B C D E F Area's 8 hr classification under final rule 1 hr O3 design value for 2000 2002 ( ppm O3) 8 hr O3 design value for 2000 2002 ( ppm O3)

Area's current classification if nonattainment under 1 hr O3 NAAQS ( blank if maintenance or never attainment)

No entry means either the area is nonattainment ( see col. D) or is attainment and has never been nonattainment. Entry indicates area is designated attainment and has a maintenance plan the entry is the area's former classification Definition Name of hypothetical 8 hr O3 nonattainment area count class ct 1 1 2 1 3 2 4 3 5 4 6 5 7 6 8 7 9 8 10 9 11 1 12 1 13 2 14 3 15 1 16 1 17 2 18 3 19 4 20 5 21 6 22 7 23 8 24 1 25 2 26 3 27 4 28 5 29 6 30 7 31 8 32 9 33 10 34 11 8 hr nonattainment areas/ 1 hr maintenance areas A B C D E F AREA 1 hr DV 8 hr DV 1hr class 1hr main 8 hr Class count Columbus, OH 117 90 Marginal Subpart 1 1 Evansville Henderson, IN KY 108 87 Marginal Subpart 1 2 Greenville Spartanburg Anderson 114 90 Marginal Subpart 1 3 Hancock & Waldo Cos, ME 120 93 Marginal Subpart 1 4 Indianapolis, IN 119 93 Marginal Subpart 1 5 Knoxville, TN 118 98 Marginal Subpart 1 6 Memphis, TN AR MS 123 94 Marginal Moderate 7 Norfolk Virginia Beach Newport N 117 89 Marginal Subpart 1 8 Owensboro, KY IN ( includes Perr 115 90 Marginal Subpart 1 9 South Bend Elkhart, IN 123 90 Marginal Marginal 10 Green Bay Appleton Oshkosh N 110 91 Marginal RT Subpart 1 11 Bowling Green, KY 104 86 Marginal RT Subpart 1 12 Charleston, WV 105 85 Moderate Subpart 1 13 Charlotte Gastonia Rock Hill, NC 130 102 Moderate Moderate 14 Cleveland Akron, OH 128 99 Moderate Moderate 15 Dayton Springfield, OH 112 90 Moderate Subpart 1 16 Detroit Ann Arbor Flint, MI 119 88 Moderate Subpart 1 17 Grand Rapids Muskegon Holland 123 92 Moderate Moderate 18 Greensboro Winston Salem High 121 95 Moderate Moderate 19 Huntington Ashland, WV KY OH 115 88 Moderate Subpart 1 20 Louisville, KY IN 114 90 Moderate Subpart 1 21 Nashville, TN 116 88 Moderate Subpart 1 22 Parkersburg Marietta, WV OH 113 88 Moderate Subpart 1 23 Pittsburgh, PA ( WV) 119 95 Moderate Subpart 1 24 Raleigh Durham Chapel Hill, NC 118 94 Moderate Subpart 1 25 Reading, PA 113 93 Moderate Subpart 1 26 Richmond Petersburg, VA 124 90 Moderate Marginal 27 Sheboygan, WI 123 99 Moderate Moderate 28 Toledo, OH 111 89 Moderate Subpart 1 29 Kansas City, MO KS 115 85 Other Subpart 1 30 New Orleans, LA 122 85 Sec185A Marginal 31 Steubenville Weirton, OH WV 110 86 Sect 185A Subpart 1 32 St Louis, MO IL 123 90 Serious Marginal 33 Column A B C D Name of hypothetical 8 hr O3 nonattainment area 1 hr O3 design value for 2000 2002 ( ppm O3) 8 hr O3 design value for 2000 2002 ( ppm O3)

Area's current classification if nonattainment under 1 hr O3 NAAQS ( blank if maintenance or never attainment) ( 2000 2002 data) 8 HR O3 NAAQS HYPOTHETICAL NONATTAINMENT AREAS Definition E F Area's 8 hr classification under final rule No entry means either the area is nonattainment ( see col. D) or is attainment and has never been nonattainment. Entry indicates area is designated attainment and has a maintenance plan the entry is the area's former classification 1 hr class count 1 2 3 4 5 6 7 8 9 10 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 1 2 1 count ST NAME 1 hr NA status count status 1 NH Cheshire Co, NH Incomplete Data 1 2 PA Crawford Co, PA Incomplete Data 2 5 PA Juniata Co, PA Incomplete Data 3 6 PA Lawrence Co, PA Incomplete Data 4 8 PA Northumberland Co, PIncomplete Data 5 9 PA Pike Co, PA Incomplete Data 6 11 OR Salem, OR Incomplete Data 7 12 OR Salem, OR Incomplete Data 8 13 PA Schuylkill Co, PA Incomplete Data 9 16 PA Snyder Co, PA Incomplete Data 10 18 PA Susquehanna Co, PA Incomplete Data 11 19 PA Warren Co, PA Incomplete Data 12 20 PA Wayne Co, PA Incomplete Data 13 4 PA Johnstown, PA Marginal 1 10 NV Reno, NV Marginal 2 14 PA Scranton Wilkes BarreMarginal 3 15 VA Smyth Co, VA Marginal 4 17 NM Sunland Park, NM Marginal 5 7 ME Lewiston Auburn, ME Moderate 1 3 TX El Paso, TX Serious 1 8 HR ATTAINMENT AREAS/ 1 HOUR DESIGNATED NONATTAINMENT AREAS 2000 2002 DATA 1 hr maint. areas 8 hr attain areas Based on hypothetical 8 hr NA areas 2000 2002 data Area Previous 1 hr class count status ct Grant Par, LA Incomplete Data 4 1 LaFourche Par, LA Incomplete Data 7 2 Saginaw Bay City Midland, MI Incomplete Data 16 3 St Mary Par, LA Incomplete Data 20 4 Victoria, TX Incomplete Data 22 5 Beauregard Par, LA Incomplete Data 1 6 Greenbrier Co, WV Marginal 5 1 Lake Charles, LA Marginal 9 2 Lexington Fayette, KY Marginal 10 3 Paducah, KY Marginal 13 4 Pointe Coupee Parish, LA Marginal 14 5 Portland Vancouver AQMA, OR WA Marginal 15 6 Seattle Tacoma, WA Marginal 19 7 Tampa St. Petersburg Clearwater, FL Marginal 21 8 Walworth Co, WI Marginal 23 9 Edmonson Co, KY Marginal RT 3 1 Miami Fort Lauderdale W. Palm Beach, FL Moderate 11 1 Salt Lake City, UT Moderate 17 2 Monterey Bay, CA Moderate 12 3 Denver Boulder, CO Section 185A 2 1 Jacksonville, FL Section 185A 6 2 Lafayette, LA Section 185A 8 3 Santa Barbara Santa Maria Lompoc, CA Serious 18 1 4 CATEGORIES OF AREAS FOR ANTI BACKSLIDING PURPOSES TOTAL 1hr class 1hr class 1hr class CATEGORY # AREAS extreme severe serious Total number of all 8 hr NA areas 101 1 8 hr NA/ 1 hr NA 34 1 11 8 8 hr NA/ 1 hr maintenance ( with former classification) 33 0 0 1 8 hr Attain/ 1 hr NA 20 0 0 1 8 hr Attain/ 1 hr maintenance 23 0 0 1 8 hr NA/ 1 hr always attainment 34 ( not affected by anti backsliding provision)

Note: bold italicized numbers in col. B add to 101 total areas 8 HR O3 NAAQS HYPOTHETICAL NONATTAINMENT/ ATTAINMENT AREAS ( 2000 2002 data) 1hr class 1hr class 1hr class 1hr class 1hr class 1hr class 1hr class 1hr class moderate marg marg RT 185A other incomp data maint attainment 34 3 9 1 1 0 17 10 2 2 1 1 5 0 13 3 9 1 3 0 6 THESE AREAS NOT AFFECTED BY ANTI BACKSLIDING HAVE NEVER BEEN NONATTAINMENT A B C D E F AREA 1 hr DV 8 hr DV 1hr class 1hr main 8 hr Class count Allentown Bethlehem Easton, PA 117 94 Subpart 1 1 Asheville, NC 106 89 Subpart 1 2 Augusta Aiken, GA SC 112 88 Subpart 1 3 Austin San Marcos, TX 103 85 Subpart 1 4 Bell Co, KY ( SE KY at TN & VA b 104 86 Subpart 1 5 Benton Harbor, MI 123 90 Marginal 6 Benzie Co, MI ( N on Lake Michig 116 86 Subpart 1 7 Bloomington, IN ( Greene and Jac 102 89 Subpart 1 8 Canton Massillon, OH 109 89 Subpart 1 9 Chattanooga, TN GA 119 93 Subpart 1 10 Clarksville Hopkinsville, TN KY 101 85 Subpart 1 11 Columbia, SC 115 93 Subpart 1 12 Decatur, AL 107 85 Subpart 1 13 Fayetteville, NC 108 87 Subpart 1 14 Florence, SC 103 86 Subpart 1 15 Fort Wayne, IN 104 88 Subpart 1 16 Hickory Morganton Lenoir, NC 110 91 Subpart 1 17 Jamestown, NY 115 92 Subpart 1 18 Johnson City Kingsport Bristol, T 113 92 Subpart 1 19 Lima, OH 108 88 Subpart 1 20 Little Rock North Little Rock, AR 114 86 Subpart 1 21 Longview Marshall, TX 122 88 Marginal 22 Macon, GA 125 92 Moderate 23 Mason Co, MI ( N on Lake Michig 116 87 Subpart 1 24 Murray Co, GA ( E of Chattanoog 104 87 Subpart 1 25 Putnam Co, TN ( between Nashvi 102 86 Subpart 1 26 Roanoke, VA 107 87 Subpart 1 27 Rochester, NY 110 85 Subpart 1 28 Rocky Mount, NC 106 88 Subpart 1 29 San Antonio, TX 119 86 Subpart 1 30 State College, PA 109 85 Subpart 1 31 Syracuse, NY 121 91 Marginal 32 Tulsa, OK 122 87 Marginal 33 Wheeling, WV OH 109 85 Subpart 1 34 Column A B C D 1 hr O3 design value for 2000 2002 ( ppm O3) 8 hr O3 design value for 2000 2002 ( ppm O3)

Area's current classification if nonattainment under 1 hr O3 NAAQS ( blank if maintenance or never attainment) ( 2000 2002 data) 8 HR O3 NAAQS HYPOTHETICAL NONATTAINMENT AREAS Definition Name of hypothetical 8 hr O3 nonattainment area E F Area's 8 hr classification under final rule No entry means either the area is nonattainment ( see col. D) or is attainment and has never been nonattainment. Entry indicates area is designated attainment and has a maintenance plan the entry is the area's former classification


[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Rules and Regulations]
[Pages 31629-31632]
[FR Doc No: 2023-10342]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2022-0942; FRL-10868-01-OCSPP]

Erucamide in Pesticide Formulations; Tolerance Exemption

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 erucamide (CAS Reg. No. 112-84-5) when
used as an inert ingredient (lubricant) in pesticide formulations when
applied on the raw agricultural commodities honey and honeycomb. Veto-
Pharma SAS 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 erucamide, when
used in accordance with the terms of this exemption.

DATES: This regulation is effective May 18, 2023. Objections and
requests for hearings must be received on or before July 17, 2023 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-2022-0942, is available at
https://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 and the OPP docket is<PHONE_NUMBER>. For the latest
status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

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 Office of the Federal Register's e-CFR site at
https://www.ecfr.gov/current/title-40.

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

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), 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-2022-0942 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
July 17, 2023. 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-2022-0942, by one of
the following methods:
     Federal eRulemaking Portal: https://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 https://www.epa.gov/dockets/where-send-comments-epa-dockets#express.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of January 3, 2023 (88 FR 38) FRL-9410-08),
EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 346a,
announcing the filing of a pesticide petition (PP IN-11624) by Veto-
Pharma SAS, 12-14 Rue de la Croix-Martre, 91120 Palaiseau, France. The
petition requested that 40 CFR 180.910 be amended by establishing an
exemption from the requirement of a tolerance for residues of erucamide
(CAS Reg. No. 112-84-5) when used as an inert ingredient (lubricant) in
pesticide formulations when applied on the raw agricultural commodities
honey and honeycomb. That document referenced a summary of the petition
prepared by Veto-Pharma SAS, which is available in the docket, https://www.regulations.gov. There were no comments received in response to the
notice of filing.

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(c)(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. When making a safety determination for an
exemption from the requirement of a tolerance, FFDCA section
408(c)(2)(B) directs EPA to take into account the considerations set
forth in section 408(b)(2)(C) and (D). 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. . . .'' Section 408(b)(2)(D) lists other factors for
EPA's consideration in making safety determinations, e.g., the
validity, completeness, and reliability of available data, nature of
toxic effects, available information concerning the cumulative effects
of the pesticide chemical and other substances with a common mechanism
of toxicity, and available information concerning aggregate exposure
levels to the pesticide chemical and other related substances, among
other factors.
    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 harm 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 erucamide, including exposure
resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with erucamide 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. Specific information on the studies received and the nature
of the adverse effects caused by erucamide as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies are discussed in this unit.
    The available toxicity studies indicate that erucamide has low
overall toxicity. Erucamide has low acute toxicity via the oral,
dermal, and inhalation routes, is not an eye or skin irritant, and is
not a skin sensitizer. No adverse effects were reported in the 90-day
oral toxicity study in rats. This study also performed neurobehavioral
screening, and no signs of neurotoxicity were reported. No adverse
maternal or developmental effects were found in the developmental
toxicity study in rats. Also, no effects were observed in the
reproduction parameters assessed in the available 90-day study in rats,
and predictive toxicology (i.e., computer modeling) indicates that
there is no known precedent for reproductive toxic potential for
erucamide. Furthermore, concern for carcinogenicity is low, based on
negative results in mutagenicity and genotoxicity studies, and the lack
of structural alerts for carcinogenicity.

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 no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). 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 https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/overview-risk-assessment-pesticide-program.
    The hazard profile of erucamide is adequately defined. Overall,
erucamide is of low acute, subchronic, and developmental toxicity. No
systemic toxicity is observed up to 1,000 mg/kg/day. Since signs of
toxicity were not observed, no toxicological endpoints of concern or
PODs were identified. Therefore, a qualitative risk assessment for
erucamide was performed.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to erucamide, EPA considered exposure under the proposed
exemption from the requirement of a tolerance and existing uses. EPA
assessed dietary exposures from erucamide in food as follows:
    Dietary exposure to erucamide may occur from eating foods treated
with pesticide formulations containing this inert ingredient and
drinking water containing runoff from soils containing the treated
crops. Dietary exposure may also occur from non-pesticidal uses (e.g.,
FDA-approved uses in food contact surfaces). However, a quantitative
dietary exposure assessment was not conducted since a toxicological
endpoint for risk assessment was not identified.
    2. 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).
    Erucamide may be present in pesticide and non-pesticide products
that may be used in and around the home. However, a quantitative
residential exposure assessment was not conducted since a toxicological
endpoint for risk assessment was not identified.
    3. 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.''
    Based on the lack of toxicity in the available database, EPA has
not found erucamide to share a common mechanism of toxicity with any
other substances, and erucamide does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance exemption, therefore, EPA has assumed that erucamide 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 website at https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

D. Additional Safety Factor for the Protection of Infants and Children

    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. 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.
    Based on an assessment of erucamide, EPA has concluded that there
are no toxicological endpoints of concern for the U.S. population,
including infants and children. Because there are no threshold effects
associated with erucamide, EPA conducted a qualitative assessment. As
part of that assessment, the Agency did not use safety factors for
assessing risk, and no additional safety factor is needed for assessing
risk to infants and children.

E. Aggregate Risks and Determination of Safety

    Because no toxicological endpoints of concern were identified, 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 erucamide residues.

V. Other Considerations

    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.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is
established for residues of erucamide (CAS Reg. No. 112-84-5) when used
as an inert ingredient (lubricant) in pesticide formulations when
applied on the raw agricultural commodities honey and honeycomb under
40 CFR 180.910.

VII. Statutory and Executive Order Reviews

    This action establishes an exemption from the requirement of a
tolerance under FFDCA section 408(d) in response to a petition
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 action has been exempted from review
under Executive Order 12866, this action 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 action 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 exemption 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 action 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 action. In addition,
this action does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act (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 (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: May 10, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD

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.  180.910, amend table 1 to the section by adding, in
alphabetical order, the inert ingredient ``Erucamide (CAS Reg. No. 112-
84-5)'' to read as follows:

Sec.  180.910   Inert ingredients used pre- and post-harvest;
exemptions from the requirement of a tolerance.

* * * * *

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

                              * * * * * * *
Erucamide (CAS Reg. No. 112-   ...................  Lubricant in
 84-5).                                              pesticide
                                                     formulations
                                                     applied on the raw
                                                     agricultural
                                                     commodities honey
                                                     and honeycomb.

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

[FR Doc. 2023-10342 Filed 5-17-23; 8:45 am]
BILLING CODE 6560-50-P