[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Rules and Regulations]
[Pages 37014-37021]
[FR Doc No: 2011-15629]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 141

[EPA-HQ-OW-2011-0413; FRL-9322-3]

Expedited Approval of Alternative Test Procedures for the
Analysis of Contaminants Under the Safe Drinking Water Act; Analysis
and Sampling Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action announces the Environmental Protection Agency's
(EPA's) approval of alternative testing methods for use in measuring
the levels of contaminants in drinking water and determining compliance
with national primary drinking water regulations. The Safe Drinking
Water Act (SDWA) authorizes EPA to approve the use of alternative
testing methods through publication in the Federal Register. EPA is
using this streamlined authority to make 11 additional methods
available for analyzing drinking water samples required by regulation.
This expedited approach provides public water systems, laboratories,
and primacy agencies with more timely access to new measurement
techniques and greater flexibility in the selection of analytical
methods, thereby reducing monitoring costs while maintaining public
health protection.

DATES: This action is effective June 24, 2011.

FOR FURTHER INFORMATION CONTACT: Safe Drinking Water Hotline (800) 426-
4791 or Glynda Smith, Technical Support Center, Standards and Risk
Management Division, Office of Ground Water and Drinking Water (MS
140), Environmental Protection Agency, 26 West Martin Luther King
Drive, Cincinnati, OH 45268; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Public water systems are the regulated entities required to measure
contaminants in drinking water samples. In addition, EPA Regions as
well as States and Tribal governments with authority to administer the
regulatory program for public water systems under SDWA may also measure
contaminants in water samples. When EPA sets a monitoring requirement
in its national primary drinking water regulations for a given
contaminant, the Agency also establishes in the regulations
standardized test procedures for analysis of the contaminant. This
action makes alternative testing methods available for particular
drinking water contaminants beyond the testing methods currently
established in the regulations. EPA is providing public water systems
required to test water samples with a choice of using either a test
procedure already established in the existing regulations or an
alternative test procedure that has been approved in this action or in
prior expedited approval actions. Categories and entities that may
ultimately be affected by this action include:

----------------------------------------------------------------------------------------------------------------
                  Category                         Examples of potentially regulated entities         NAICS \1\
----------------------------------------------------------------------------------------------------------------
State, Local, & Tribal Governments.........  States, local and tribal governments that analyze            924110
                                              water samples on behalf of public water systems
                                              required to conduct such analysis; States, local and
                                              tribal governments that themselves operate community
                                              and non-transient non-community water systems
                                              required to monitor.
Industry...................................  Private operators of community and non-transient non-        221310
                                              community water systems required to monitor.
Municipalities.............................  Municipal operators of community and non-transient non-      924110
                                              community water systems required to monitor.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.

    This table is not exhaustive, but rather provides a guide for
readers regarding entities likely to be affected by this action. This
table lists the types of entities that EPA is now aware could
potentially be affected by this action. Other types of entities not
listed in the table could also be impacted. To determine whether your
facility is

affected by this action, you should carefully examine the applicability
language in the Code of Federal Regulations (CFR) at 40 CFR 141.2
(definition of public water system). If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

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

    Docket. EPA established a docket for this action under Docket ID
No. EPA-HQ-OW-2011-0413. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the Water Docket in the EPA Docket Center, (EPA/DC) EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC.
Copyrighted materials are available only in hard copy. The EPA Docket
Center 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
Water Docket is<PHONE_NUMBER>.

Abbreviations and Acronyms Used in This Action

APHA: American Public Health Association
CFR: Code of Federal Regulations
EPA: Environmental Protection Agency
NAICS: North American Industry Classification System
NEMI: National Environmental Methods Index
QC: Quality Control
SDWA: Safe Drinking Water Act
VCSB: Voluntary Consensus Standard Bodies

II. Background

A. What is the purpose of this action?

    In this action, EPA is approving 11 analytical methods for
determining contaminant concentrations in samples collected under SDWA.
Regulated parties required to sample and monitor may use either the
testing methods already established in existing regulations or the
alternative testing methods being approved in this action or in prior
expedited approval actions. The new methods are listed in Appendix A to
Subpart C of Part 141 and on EPA's drinking water methods Web site at
http://water.epa.gov/scitech/drinkingwater/labcert/analyticalmethods_expedited.cfm.
    This action also corrects the entry for dalapon in Appendix A to
Subpart C of Part 141. In an earlier expedited methods approval action,
Standard Methods 6640 B and 6640 B-01 were incorrectly listed under the
same analytical methodology as EPA Method 557 for the determination of
dalapon in drinking water. This action amends the dalapon entry to
specify the appropriate methodology for each of these methods.
    This action also revised entries in Appendix A to Subpart C of Part
141 for arsenic, barium, beryllium, cadmium, calcium, chromium, copper,
lead, magnesium, nickel, selenium, silica, sodium, iron, manganese, and
silver to include the footnote citation for EPA Method 200.5, Revision
4.2.

B. What is the basis for this action?

    When EPA determines that an alternative analytical method is
``equally effective'' (i.e., as effective as a method that has already
been promulgated in the regulations), SDWA allows EPA to approve the
use of the alternative method through publication in the Federal
Register. (See Section 1401(1) of SDWA.) EPA is using this streamlined
approval authority to make 11 additional methods available for
determining contaminant concentrations in samples collected under SDWA.
EPA has determined that, for each contaminant or group of contaminants
listed in Section III, the additional testing methods being approved in
this action are as effective as one or more of the testing methods
already approved in the regulations for those contaminants. Section
1401(1) of SDWA states that the newly approved methods ``shall be
treated as an alternative for public water systems to the quality
control and testing procedures listed in the regulation.'' Accordingly,
this action makes these additional (and optional) 11 analytical methods
legally available for meeting EPA's monitoring requirements.
    This action does not add regulatory language, but does, for
informational purposes, update an appendix to the regulations at 40 CFR
Part 141 that lists all methods approved under Section 1401(1) of SDWA.
Accordingly, while this action is not a rule, it is updating CFR text
and therefore is being published in the ``Final Rules'' section of the
Federal Register.

III. Summary of Approvals

    EPA is approving 11 methods that are equally effective relative to
methods previously promulgated in the regulations. By means of this
notice, these 11 methods are added to Appendix A to Subpart C of 40 CFR
Part 141.

A. Methods Developed by Voluntary Consensus Standard Bodies (VCSB)

    1. Standard Methods for the Examination of Water and Wastewater
(Standard Methods). EPA compared the most recent versions of four
Standard Methods to earlier versions of those methods that are
currently approved in 40 CFR 141 and 143. Changes between the earlier
approved version and the most recent version of each method are
summarized in Smith (2011). The revisions primarily involve editorial
changes (i.e., corrections of errors, procedural clarifications, and
reorganization of text). The revised methods are the same as the
earlier approved versions with respect to the chemistry, sample
handling protocols, and method performance data. The new versions are
thus equally effective relative to those that are currently approved in
the regulations. Therefore, EPA is approving the use of the four
updated Standard Methods for the contaminants and their respective
regulations listed in the following table:

----------------------------------------------------------------------------------------------------------------
                                   Standard method
    Standard method  revised     currently approved        Contaminant                    Regulation
            version                    version
----------------------------------------------------------------------------------------------------------------
6651 B, 21st edition (APHA       6651 B, 20th        Glyphosate............  40 CFR 141.24(e)(1).
 2005).                           edition (APHA
                                  1998).
6651 B-00, (APHA 2000).........  6651 B, 20th        Glyphosate............  40 CFR 141.24(e)(1).
                                  edition (APHA
                                  1998).
3114 B-09 (APHA 2009)..........  3114 B-97 (APHA     Arsenic...............  40 CFR 141.23(k)(1).
                                  1997).
                                                     Selenium..............  40 CFR 141.23(k)(1).
3113 B-04 (APHA 2004)..........  3113 B, 19th        Antimony..............  40 CFR 141.23(k)(1).
                                  edition (APHA
                                  1995).
                                                     Arsenic...............  40 CFR 141.23(k)(1).
                                                     Barium................  40 CFR 141.23(k)(1).
                                                     Beryllium.............  40 CFR 141.23(k)(1).
                                                     Cadmium...............  40 CFR 141.23(k)(1).
                                                     Chromium..............  40 CFR 141.23(k)(1).
                                                     Copper................  40 CFR 141.23(k)(1).
                                                     Lead..................  40 CFR 141.23(k)(1).

                                                     Nickel................  40 CFR 141.23(k)(1).
                                                     Selenium..............  40 CFR 141.23(k)(1).
                                                     Aluminum..............  40 CFR 143.4(b).
                                                     Iron..................  40 CFR 143.4(b).
                                                     Manganese.............  40 CFR 143.4(b).
                                                     Silver................  40 CFR 143.4(b).
----------------------------------------------------------------------------------------------------------------

    Two additional Standard Methods, 6640 B, published in the 21st
edition (APHA 2005), and its identical online version, 6640 B-01 (APHA
2001), were approved in a previous expedited methods approval action
for determining dalapon in drinking water (75 FR 32295, June 8, 2010)
(USEPA 2010). Standard Method 6640 B was developed directly from EPA
Method 515.4 (USEPA 2000), and thus entails the identical sample
collection/handling protocols, sample preparation and derivatization
steps, chromatographic conditions, and detection. The method
performance data (e.g., detection levels, accuracy and precision)
specified in Standard Method 6640 B and EPA Method 515.4 are identical.
In addition to addressing dalapon, EPA Method 515.4 is also an approved
method for analyzing drinking water compliance samples for 2,4-D,
2,4,5-TP (i.e., Silvex), dinoseb, pentachlorophenol, and picloram as
cited at 40 CFR 141.24(e)(1). Therefore, in this action EPA is
expanding approval of Standard Method 6640 B and Standard Method 6640
B-01 for determining 2,4-D, 2,4,5-TP (i.e., Silvex), dinoseb,
pentachlorophenol, and picloram in drinking water. The 21st edition can
be obtained from the American Public Health Association (APHA), 800 I
Street, NW., Washington, DC 20001-3710. Online versions of Standard
Methods are available at http://www.standardmethods.org.
    2. ASTM International. EPA compared the most recent versions of
three ASTM International methods to the earlier versions of those
methods that are currently approved in 40 CFR 141. Changes between the
earlier approved version and the most recent version of each method are
summarized in Smith (2011). The revisions primarily involve editorial
changes (i.e., updated references, definitions, terminology, and
reorganization of text). The revised methods are the same as the
approved versions with respect to sample collection and handling
protocols, sample preparation, analytical methodology, and method
performance data. In addition, the revised version of the ASTM method
for the radiochemical determination of uranium (ASTM Method D3972-09)
expands the QC requirements beyond those required in the previous
version. EPA has thus determined that the new versions are equally
effective relative to those currently in the regulations. Therefore,
EPA is approving the use of the three updated ASTM methods for the
contaminants and their respective regulations listed in the following
table:

----------------------------------------------------------------------------------------------------------------
                                    ASTM approved
      ASTM revised version             version             Contaminant                    Regulation
----------------------------------------------------------------------------------------------------------------
D1067-06 B (ASTM 2006).........  D1067-02 B (ASTM    Alkalinity............  40 CFR 141.23(k)(1).
                                  2002a).
D6919-09 (ASTM 2009a)..........  D6919-03 (ASTM      Sodium................  40 CFR 141.23(k)(1).
                                  2003).
                                                     Magnesium.............  40 CFR 141.23(k)(1).
                                                     Calcium...............  40 CFR 141.23(k)(1).
D3972-09 (ASTM 2009b)..........  D3972-02 (ASTM      Uranium...............  40 CFR 141.25(a).
                                  2002b).
----------------------------------------------------------------------------------------------------------------

    The ASTM methods are available from ASTM International, 100 Barr
Harbor Drive, West Conshohocken, PA 19428-2959 or http://www.astm.org.

B. Methods Developed by Vendors

    1. Hach Company TNTplusTM 835/836 Nitrate Method 10206
(Hach Company 2011a). The Hach Company TNTplus 835/836 nitrate method
10206 uses spectrophotometric analysis to determine nitrate
concentrations in drinking water. The method involves the following
steps:
     Electrophilic substitution of the dimethylphenol reagent
results in a colored nitro-dimethylphenol product, and
     Colorimetric measurement of the absorbance at 345 nm is
directly proportional to the concentration of the nitrate in the
sample.
    The currently approved methods for nitrate are listed at 40 CFR
141.23(k)(1). An inter-laboratory study was conducted by the vendor to
compare the method performance of the Hach Company TNTplus 835/836
nitrate method 10206 to the performance of three approved methods: EPA
Method 353.2 (USEPA 1993a), EPA Method 300.0 (USEPA 1993b), and
Standard Method 4500-NO3- E (APHA 1998). Three
laboratories analyzed a variety of matrices (e.g., low ionic strength,
high ionic strength, and drinking water samples derived from both
surface water and ground water sources). The samples were analyzed for
nitrate by running approved methods alongside the Hach Company TNTplus
835/836 nitrate method 10206. EPA has determined that the Hach Company
TNTplus 835/836 nitrate method 10206 is as effective as EPA Method
353.2, EPA Method 300.0, and Standard Method 4500-
NO3- E. The basis for this determination is
discussed in the validation study report (Hach Company 2010a) which
summarizes the results obtained from the inter-laboratory study. The
method is also a ``green'' alternative to approved nitrate methods that
use the toxic metal, cadmium. Therefore, EPA is approving the Hach
Company TNTplus 835/836 nitrate method 10206 for determining nitrate
concentrations in drinking water. The Hach Company TNTplus 835/836
nitrate method 10206 can be obtained from Hach Company, 5600 Lindbergh
Drive, P.O. Box 389, Loveland, Colorado 80539, phone:<PHONE_NUMBER>.
    2. Hach Company SPADNS 2 (Arsenic-free) Fluoride Method 10225 (Hach
Company 2011b). The Hach Company SPADNS 2 (Arsenic-free) Fluoride
Method 10225 uses spectrophotometric analysis to determine fluoride
concentrations in drinking water. The currently approved method using
SPADNS chemistry for determining fluoride concentrations, Standard
Method 4500-F- D (APHA 1998), is listed at 40 CFR
141.23(k)(1). As described in the approved method,

the presence of residual chlorine in water is a known interferent and
the method specifies addition of sodium arsenite to quench the
chlorine. The Hach Company SPADNS 2 (Arsenic-free) Fluoride Method
10225 replaces sodium arsenite with a proprietary non-toxic, non-
hazardous chlorine scavenger. An inter-laboratory study was conducted
by the vendor to compare the method performance of the Hach Company
SPADNS 2 (Arsenic-free) Fluoride method 10225 to the performance of the
approved SPADNS method. Three laboratories analyzed a variety of
matrices (e.g., low ionic strength, high ionic strength, distilled and
undistilled chlorinated drinking water samples derived from both
surface water and ground water sources). The samples were analyzed for
fluoride by running the approved method alongside the Hach Company
SPADNS 2 (Arsenic-free) Fluoride Method 10225. EPA has determined that
the Hach Company SPADNS 2 (Arsenic-free) Fluoride Method 10225 is as
effective as Standard Method 4500-F- D. The basis for this
determination is discussed in the validation study report (Hach Company
2010b) which summarizes the results obtained from the inter-laboratory
study. Therefore, EPA is approving the Hach Company SPADNS 2 (Arsenic-
free) Fluoride Method 10225 for determining fluoride concentrations in
drinking water. The Hach Company SPADNS (Arsenic-free) Fluoride Method
10225 can be obtained from Hach Company, 5600 Lindbergh Drive, P.O. Box
389, Loveland, Colorado 80539, phone:<PHONE_NUMBER>.

IV. Statutory and Executive Order Reviews

    As noted in Section II, under the terms of SDWA Section 1401(1),
this streamlined method approval action is not a rule. Accordingly, the
Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement Fairness Act of 1996, does not apply
because this action is not a rule for purposes of 5 U.S.C. 804(3).
Similarly, this action is not subject to the Regulatory Flexibility Act
because it is not subject to notice and comment requirements under the
Administrative Procedure Act or any other statute. In addition, because
this approval action is not a rule but simply makes alternative
(optional) testing methods available for monitoring under SDWA, EPA has
concluded that other statutes and executive orders generally applicable
to rulemaking do not apply to this approval action.

V. References

American Public Health Association (APHA). 1995. 19th Edition of
Standard Methods for the Examination of Water and Wastewater,
American Public Health Association, 800 I Street, NW., Washington,
DC 20001-3710.
American Public Health Association (APHA). 1997. Standard Method
3114 B-97. Arsenic and Selenium by Hydride Generation/Atomic
Absorption Spectrometry. Manual Hydride Generation/Atomic
Spectrometric Method. Approved by Standard Methods Committee 1997.
Standard Methods Online. (Available at http://www.standardmethods.org.)
American Public Health Association (APHA). 1998. 20th Edition of
Standard Methods for the Examination of Water and Wastewater,
American Public Health Association, 800 I Street, NW., Washington,
DC 20001-3710.
American Public Health Association (APHA). 2000. Standard Method
6651 B-00. Glyphosate Herbicide. Liquid Chromatographic Post-Column
Fluorescence Method. Approved by Standard Methods Committee 2000.
Standard Methods Online. (Available at http://www.standardmethods.org.)
American Public Health Association (APHA). 2001. Standard Method
6640 B-01. Acidic Herbicide Compounds. Micro Liquid-Liquid
Extraction Gas Chromatographic Method. Approved by Standard Methods
Committee 2001. Standard Methods Online. (Available at http://www.standardmethods.org.)
American Public Health Association (APHA). 2004. Standard Method
3113 B-04. Metals by Electrothermal Atomic Absorption Spectrometry.
Electrothermal Atomic Absorption Spectrometric Method. Approved by
Standard Methods Committee 2004. Standard Methods Online. (Available
at http://www.standardmethods.org.)
American Public Health Association (APHA). 2005. 21st Edition of
Standard Methods for the Examination of Water and Wastewater,
American Public Health Association, 800 I Street, NW., Washington,
DC 20001-3710.
American Public Health Association (APHA). 2009. Standard Method
3114 B-09. Arsenic and Selenium by Hydride Generation/Atomic
Absorption Spectrometry. Manual Hydride Generation/Atomic Absorption
Spectrometric Method. Approved by Standard Methods Committee 2009.
Standard Methods Online. (Available at http://www.standardmethods.org.)
ASTM International. 2002a. ASTM D 1067-02 B. Standard Test Methods
for Acidity or Alkalinity of Water. Method B--Electrometric or
Color-Change Titration. ASTM International, 100 Barr Harbor Drive,
West Conshohocken, PA 19428-2959. (Available at http://www.astm.org.)
ASTM International. 2002b. ASTM D 3972-02. Standard Test Method for
Isotopic Uranium in Water by Radiochemistry. ASTM International, 100
Barr Harbor Drive, West Conshohocken, PA 19428-2959. (Available at
http://www.astm.org.)
ASTM International. 2003. ASTM D 6919-03. Standard Test Method for
Determination of Dissolved Alkali and Alkaline Earth Cations and
Ammonium in Water and Wastewater by Ion Chromatography. ASTM
International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-
2959. (Available at http://www.astm.org.)
ASTM International. 2006. ASTM D 1067-06 B. Standard Test Methods
for Acidity or Alkalinity of Water. Method B--Electrometric or
Color-Change Titration. ASTM International, 100 Barr Harbor Drive,
West Conshohocken, PA 19428-2959. (Available at http://www.astm.org.)
ASTM International. 2009a. ASTM D 6919-09. Standard Test Method for
Determination of Dissolved Alkali and Alkaline Earth Cations and
Ammonium in Water and Wastewater by Ion Chromatography. ASTM
International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-
2959. (Available at http://www.astm.org.)
ASTM International. 2009b. ASTM D 3972-09. Standard Test Method for
Isotopic Uranium in Water by Radiochemistry. ASTM International, 100
Barr Harbor Drive, West Conshohocken, PA 19428-2959. (Available at
http://www.astm.org.)
Hach Company. 2010a. ATP evaluation of the Hach Company TNTplus 835/
836 Spectrometric Method for Measurement of Nitrate. November 2010.
5600 Lindbergh Drive, P.O. Box 389, Loveland, Colorado 80539.
Hach Company. 2010b. ATP evaluation of the Hach Company SPADNS 2
(Arsenic-free) Spectrophotometric Method for Measurement of
Fluoride. August 2010. 5600 Lindbergh Drive, P.O. Box 389, Loveland,
Colorado 80539.
Hach Company. 2011a. Hach Company TNTplusTM 835/836
Nitrate Method 10206--Spectrophotometric Measurement of Nitrate in
Water and Wastewater. January 2011. 5600 Lindbergh Drive, P.O. Box
389, Loveland, Colorado 80539. (Available at http://www.hach.com.)
Hach Company. 2011b. Hach Company SPADNS 2 (Arsenic-free) Fluoride
Method 10225--Spectrophotometric Measurement of Fluoride in Water
and Wastewater. January 2011. 5600 Lindbergh Drive, P.O. Box 389,
Loveland, Colorado 80539. (Available at http://www.hach.com.)
Smith, G. 2011. Memo to the record describing basis for expedited
approval of updated methods from Standard Methods and ASTM
International. February 01, 2011.
USEPA. 1993a. EPA Method 353.2, Revision 2.0, Determination of
Nitrate-Nitrite Nitrogen by Automated Colorimetry, August 1993.
(Available through NEMI at https://www.nemi.gov/apex/f?p=237:1:1657930759454130.)
USEPA. 1993b. EPA Method 300.0, Revision 2.1. Determination of
Inorganic Anions by Ion Chromatography. August 1993. (Available
through NEMI at https://www.nemi.gov/apex/f?p=237:1:1657930759454130.)

USEPA. 2000. EPA Method 515.4, Determination of Chlorinated Acids in
Drinking Water by Liquid-Liquid Extraction, Derivatization, and Fast
Gas Chromatography with Electron Capture Detection, EPA 815-B-00-
001, April 2000. (Available at http://water.epa.gov/scitech/drinkingwater/labcert/analyticalmethods_ogwdw.cfm.)
USEPA. 2010. Expedited Approval of Alternative Test Procedures for
the Analysis of Contaminants Under the Safe Drinking Water Act;
Analysis and Sampling Procedures. 75 FR 32295. June 8, 2010.

List of Subjects in 40 CFR Part 141

    Chemicals, Environmental protection, Indians--lands,
Intergovernmental relations, Radiation protection, Reporting and
recordkeeping requirements, Water supply.

    Dated: June 16, 2011.
Cynthia C. Dougherty,
Director, Office of Ground Water and Drinking Water.
    For the reasons stated in the preamble, 40 CFR Part 141 is amended
as follows:

PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS

0
1. The authority citation for Part 141 continues to read as follows:

    Authority:  42 U.S.C. 300f, 300g-1, 300j-4, and 300j-9.

0
2. Appendix A to Subpart C of Part 141 is amended as follows:
0
a. By revising entries for ``Alkalinity,'' ``Antimony,'' ``Arsenic,''
``Barium,'' ``Beryllium,'' ``Cadmium,'' ``Calcium,'' ``Chromium,''
``Copper,'' ``Fluoride,'' ``Lead,'' ``Magnesium,'' ``Nickel,''
``Nitrate,'' ``Selenium,'' ``Silica, '' and ``Sodium'' in the table
entitled ``Alternative testing methods for contaminants listed at 40
CFR 141.23(k)(1).''
0
b. By revising the entry for ``Dalapon'' in the table entitled
``Alternative testing methods for contaminants listed at 40 CFR
141.24(e)(1).''
0
c. By adding entries for ``2,4-D'' and ``2,4,5-TP (Silvex)'' after the
entry for ``Xylenes (total)'' in the table entitled ``Alternative
testing methods for contaminants listed at 40 CFR 141.24(e)(1).''
0
d. By adding the entry for ``Dinoseb'' after the entry for
``Dibromochloropropane (DBCP)'' in the table entitled ``Alternative
testing methods for contaminants listed at 40 CFR 141.24(e)(1).''
0
e. By adding the entry for ``Glyphosate'' after the entry for ``Ethyl
dibromide (EDB)'' in the table entitled ``Alternative testing methods
for contaminants listed at 40 CFR 141.24(e)(1).''
0
f. By adding entries for ``Pentachlorophenol'' and ``Picloram'' after
the entry for ``Oxamyl'' in the table entitled ``Alternative testing
methods for contaminants listed at 40 CFR 141.24(e)(1).''
0
g. By revising the entry for ``Uranium'' in the table entitled
``Alternative testing methods for contaminants listed at 40 CFR
141.25(a).''
0
h. By revising entries for ``Aluminum,'' ``Iron,'' ``Manganese,'' and
``Silver'' in the table entitled ``Alternative testing methods for
contaminants listed at 40 CFR 143.4(b).''

Appendix A to Subpart C of Part 141--Alternative Testing Methods
Approved for Analyses Under the Safe Drinking Water Act.

* * * * *

                                       Alternative Testing Methods for Contaminants Listed at 40 CFR 141.23(k)(1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          SM 21st  edition
      Contaminant          Methodology              EPA method                   \1\           SM online \3\         ASTM \4\              Other
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alkalinity............  Titrimetric......  ............................  2320 B............  .................  D 1067-06 B......
Antimony..............  Hydride--Atomic    ............................  ..................  .................  D 3697-07........
                         Absorption.
                        Atomic             ............................  3113 B............  3113 B-04........
                         Absorption;
                         Furnace.
                        Axially viewed     200.5, Revision 4.2. \2\
                         inductively
                         coupled plasma-
                         atomic emission
                         spectrometry
                         (AVICP-AES).
Arsenic...............  Atomic             ............................  3113 B............  3113 B-04........  D 2972-08 C......
                         Absorption;
                         Furnace.
                        Hydride Atomic     ............................  3114 B............  3114 B-09........  D 2972-08 B......
                         Absorption.
                        Axially viewed     200.5, Revision 4.2. \2\
                         inductively
                         coupled plasma-
                         atomic emission
                         spectrometry
                         (AVICP-AES).
Barium................  Inductively        ............................  3120 B............
                         Coupled Plasma.
                        Atomic             ............................  3111 D............
                         Absorption;
                         Direct.
                        Atomic             ............................  3113 B............  3113 B-04........
                         Absorption;
                         Furnace.
                        Axially viewed     200.5, Revision 4.2. \2\
                         inductively
                         coupled plasma-
                         atomic emission
                         spectrometry
                         (AVICP-AES).
Beryllium.............  Inductively        ............................  3120 B............
                         Coupled Plasma.
                        Atomic             ............................  3113 B............  3113 B-04........  D 3645-08 B......
                         Absorption;
                         Furnace.
                        Axially viewed     200.5, Revision 4.2. \2\
                         inductively
                         coupled plasma-
                         atomic emission
                         spectrometry
                         (AVICP-AES).
Cadmium...............  Atomic             ............................  3113 B............  3113 B-04........
                         Absorption;
                         Furnace.
                        Axially viewed     200.5, Revision 4.2. \2\
                         inductively
                         coupled plasma-
                         atomic emission
                         spectrometry
                         (AVICP-AES).
Calcium...............  EDTA titrimetric.  ............................  3500-Ca B.........  .................  D 511-09 A.......
                        Atomic             ............................  3111 B............  .................  D 511-09 B.......
                         Absorption;
                         Direct
                         Aspiration.
                        Inductively        ............................  3120 B............
                         Coupled Plasma.
                        Axially viewed     200.5, Revision 4.2. \2\
                         inductively
                         coupled plasma-
                         atomic emission
                         spectrometry
                         (AVICP-AES).
                        Ion                ............................  ..................  .................  D 6919-09........
                         Chromatography.
Chromium..............  Inductively        ............................  3120 B............
                         Coupled Plasma.

                        Atomic             ............................  3113 B............  3113 B-04........
                         Absorption;
                         Furnace.
                        Axially viewed     200.5, Revision 4.2. \2\
                         inductively
                         coupled plasma-
                         atomic emission
                         spectrometry
                         (AVICP-AES).
Copper................  Atomic             ............................  3113 B............  3113 B-04........  D 1688-07 C......
                         Absorption;
                         Furnace.
                        Atomic             ............................  3111 B............  .................  D 1688-07 A......
                         Absorption;
                         Direct
                         Aspiration.
                        Inductively        ............................  3120 B............
                         Coupled Plasma.
                        Axially viewed     200.5, Revision 4.2. \2\
                         inductively
                         coupled plasma-
                         atomic emission
                         spectrometry
                         (AVICP-AES).

                                                                      * * * * * * *
Fluoride..............  Ion                ............................  4110 B............
                         Chromatography.
                        Manual             ............................  4500-F\-\ B, D....
                         Distillation;
                         Colorimetric
                         SPADNS.
                        Manual Electrode.  ............................  4500-F-C..........  .................  D 1179-04 B......
                        Automated          ............................  4500-F-E
                         Alizarin.
                        Arsenite-Free      ............................  ..................  .................  .................  Hach SPADNS 2 Method
                         Colorimetric                                                                                10225.\22\
                         SPADNS.
Lead..................  Atomic             ............................  3113 B............  3113 B-04........  D 3559-08 D......
                         Absorption;
                         Furnace.
                        Axially viewed     200.5, Revision 4.2. \2\
                         inductively
                         coupled plasma-
                         atomic emission
                         spectrometry
                         (AVICP-AES).
Magnesium.............  Atomic             ............................  3111 B............  .................  D 511-09 B.......
                         Absorption;
                         Direct.
                        Inductively        ............................  3120 B............
                         Coupled Plasma.
                        Complexation       ............................  3500-Mg B.........  .................  D 511-09 A.......
                         Titrimetric
                         Methods.
                        Axially viewed     200.5, Revision 4.2. \2\....
                         inductively
                         coupled plasma-
                         atomic emission
                         spectrometry
                         (AVICP-AES).
                        Ion                ............................  ..................  .................  D 6919-09........
                         Chromatography.

                                                                      * * * * * * *
Nickel................  Inductively        ............................  3120 B............
                         Coupled Plasma.
                        Atomic             ............................  3111 B............
                         Absorption;
                         Direct.
                        Atomic             ............................  3113 B............  3113 B-04........
                         Absorption;
                         Furnace.
                        Axially viewed     200.5, Revision 4.2. \2\
                         inductively
                         coupled plasma-
                         atomic emission
                         spectrometry
                         (AVICP-AES).
Nitrate...............  Ion                ............................  4110 B............
                         Chromatography.
                        Automated Cadmium  ............................  4500-NO3-F........
                         Reduction.
                        Manual Cadmium     ............................  4500-NO3-E........
                         Reduction.
                        Ion Selective      ............................  4500-NO3-D........
                         Electrode.
                        Reduction/         ............................  ..................  .................  .................  Systea Easy (1-
                         Colorimetric.                                                                                Reagent).\8\
                        Colorimetric;      ............................  ..................  .................  .................  Hach TNTplus\TM\ 835/
                         Direct.                                                                                836 Method 10206.\
                                                                                23\

                                                                      * * * * * * *
Selenium..............  Hydride--Atomic    ............................  3114 B............  3114 B-09........  D 3859-08 A......
                         Absorption.
                        Atomic             ............................  3113 B............  3113 B-04........  D 3859-08 B......
                         Absorption;
                         Furnace.
                        Axially viewed     200.5, Revision 4.2. \2\
                         inductively
                         coupled plasma-
                         atomic emission
                         spectrometry
                         (AVICP-AES).
Silica................  Colorimetric.....  ............................  ..................  .................  D859-05..........
                        Molybdosilicate..  ............................  4500-SiO2 C.......
                        Heteropoly blue..  ............................  4500-SiO2 D.......
                        Automated for      ............................  4500-SiO2 E.......
                         Molybdate-
                         reactive Silica.
                        Axially viewed     200.5, Revision 4.2. \2\
                         inductively
                         coupled plasma-
                         atomic emission
                         spectrometry
                         (AVICP-AES).
                        Inductively        ............................  3120 B............
                         Coupled Plasma.

                                                                      * * * * * * *
Sodium................  Atomic             ............................  3111 B............
                         Absorption;
                         Direct
                         Aspiration.

                        Axially viewed     200.5, Revision 4.2. \2\....
                         inductively
                         coupled plasma-
                         atomic emission
                         spectrometry
                         (AVICP-AES).
                        Ion                ............................  ..................  .................  D 6919-09........
                         Chromatography.

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

* * * * *

                   Alternative Testing Methods for Contaminants Listed at 40 CFR 141.24(e)(1)
----------------------------------------------------------------------------------------------------------------
                                                                          SM 21st  edition
         Contaminant               Methodology          EPA method              \1\             SM online \3\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2,4-D........................  Gas Chromatography/ ...................  6640 B.............  6640 B-01
                                Electron Capture
                                Detection (GC/
                                ECD).
2,4,5-TP (Silvex)............  Gas Chromatography/ ...................  6640 B.............  6640 B-01
                                Electron Capture
                                Detection (GC/
                                ECD).

                                                  * * * * * * *
Dalapon......................  Ion Chromatography  557 \14\...........
                                Electrospray
                                Ionization Tandem
                                Mass Spectrometry
                                (IC-ESI-MS/MS).
                               Gas Chromatography/ ...................  6640 B.............  6640 B-01
                                Electron Capture
                                Detection (GC/
                                ECD).

                                                  * * * * * * *
Dinoseb......................  Gas Chromatography/ ...................  6640 B.............  6640 B-01
                                Electron Capture
                                Detection (GC/
                                ECD).

                                                  * * * * * * *
Glyphosate...................  High-Performance    ...................  6651 B.............  6651 B-00
                                Liquid
                                Chromatography
                                (HPLC) with Post-
                                Column
                                Derivatization
                                and Fluorescence
                                Detection.

                                                  * * * * * * *
Pentachlorophenol............  Gas Chromatography/ ...................  6640 B.............  6640 B-01
                                Electron Capture
                                Detection (GC/
                                ECD).
Picloram.....................  Gas Chromatography/ ...................  6640 B.............  6640 B-01
                                Electron Capture
                                Detection (GC/
                                ECD).

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

* * * * *

                     Alternative Testing Methods for Contaminants Listed at 40 CFR 141.25(a)
----------------------------------------------------------------------------------------------------------------
             Contaminant                   Methodology           SM 21st  edition \1\             ASTM \4\
----------------------------------------------------------------------------------------------------------------
Naturally Occurring:

                                                  * * * * * * *
Uranium..............................  Radiochemical......  7500-U B......................
                                       ICP-MS.............  ..............................  D5673-05
                                       Alpha spectrometry.  7500-U C......................  D3972-09
                                       Laser                ..............................  D5174-07
                                        Phosphorimetry.

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

* * * * *

                                         Alternative Testing Methods for Contaminants Listed at 40 CFR 143.4(b)
--------------------------------------------------------------------------------------------------------------------------------------------------------
       Contaminant              Methodology                    EPA method                     ASTM \4\         SM 21st  edition\1\      SM online \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aluminum.................  Axially viewed        200.5, Revision 4.2. \2\
                            inductively coupled
                            plasma-atomic
                            emission
                            spectrometry (AVICP-
                            AES).
                           Atomic Absorption;    .....................................  ....................  3111D...............
                            Direct.
                           Atomic Absorption;    .....................................  ....................  3113 B..............  3113 B-04
                            Furnace.

                           Inductively Coupled   .....................................  ....................  3120 B..............
                            Plasma.

                                                                      * * * * * * *
Iron.....................  Axially viewed        200.5, Revision 4.2. \2\.............
                            inductively coupled
                            plasma-atomic
                            emission
                            spectrometry (AVICP-
                            AES).
                           Atomic Absorption;    .....................................  ....................  3111 B..............
                            Direct.
                           Atomic Absorption;    .....................................  ....................  3113 B..............  3113 B-04
                            Furnace.
                           Inductively Coupled   .....................................  ....................  3120 B..............
                            Plasma.
Manganese................  Axially viewed        200.5, Revision 4.2. \2\
                            inductively coupled
                            plasma-atomic
                            emission
                            spectrometry (AVICP-
                            AES).
                           Atomic Absorption;    .....................................  ....................  3111 B..............
                            Direct.
                           Atomic Absorption;    .....................................  ....................  3113 B..............  3113 B-04
                            Furnace.
                           Inductively Coupled   .....................................  ....................  3120 B..............
                            Plasma.

                                                                      * * * * * * *
Silver...................  Axially viewed        200.5, Revision 4.2. \2\
                            inductively coupled
                            plasma-atomic
                            emission
                            spectrometry (AVICP-
                            AES).
                           Atomic Absorption;    .....................................  ....................  3111 B..............
                            Direct.
                           Atomic Absorption;    .....................................  ....................  3113 B..............  3113 B-04
                            Furnace.
                           Inductively Coupled   .....................................  ....................  3120 B..............
                            Plasma.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
\1\ Standard Methods for the Examination of Water and Wastewater, 21st edition (2005). Available from American Public Health Association, 800 I Street,
  NW., Washington, DC 20001-3710.
\2\ EPA Method 200.5, Revision 4.2. ``Determination of Trace Elements in Drinking Water by Axially Viewed Inductively Coupled Plasma-Atomic Emission
  Spectrometry.'' 2003. EPA/600/R-06/115. (Available at http://www.epa.gov/nerlcwww/ordmeth.htm.)
\3\ Standard Methods Online are available at http://www.standardmethods.org. The year in which each method was approved by the Standard Methods
  Committee is designated by the last two digits in the method number. The methods listed are the only online versions that may be used.
\4\ Available from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or http://astm.org. The methods listed are the only
  alternative versions that may be used.
* * * * *
\8\ Systea Easy (1-Reagent). ``Systea Easy (1-Reagent) Nitrate Method,'' February 4, 2009. Available at https://www.nemi.gov/apex/f?p=237:1:1150314317898177 or from Systea Scientific, LLC., 900 Jorie Blvd., Suite 35, Oak Brook, IL 60523.
* * * * *
\14\ EPA Method 557. ``Determination of Haloacetic Acids, Bromate, and Dalapon in Drinking Water by Ion Chromatography Electrospray Ionization Tandem
  Mass Spectrometry (IC-ESI-MS/MS),'' September 2009. EPA 815-B-09-012. Available at http://water.epa.gov/scitech/drinkingwater/labcert/analyticalmethods_expedited.cfm.
* * * * *
\22\ Hach Company Method, ``Hach Company SPADNS 2 (Arsenic-free) Fluoride Method 10225--Spectrophotometric Measurement of Fluoride in Water and
  Wastewater,'' January 2011. 5600 Lindbergh Drive, P.O. Box 389, Loveland, Colorado 80539. (Available at http://www.hach.com.)
\23\ Hach Company Method, ``Hach Company TNTplus\TM\ 835/836 Nitrate Method 10206--Spectrophotometric Measurement of Nitrate in Water and Wastewater,''
  January 2011. 5600 Lindbergh Drive, P.O. Box 389, Loveland, Colorado 80539. (Available at http://www.hach.com.)

[FR Doc. 2011-15629 Filed 6-23-11; 8:45 am]
BILLING CODE 6560-50-P


                                EPA/HQ Summary
                         Site Visit at Inmar/Med-Turn

Attendees

Inmar Participants:
Erica Burwell, Errol Flannery, Matt Golz, Richard Sieg
EPA/HQ Participants:
Kristin Fitzgerald, Brian Knieser, Laura Stanley
Other Participants: 	     Greg Blount, Troutman Sanders
                       Anita Ducca, Healthcare Distribution Association
                       Scott Reisch, Hogan Lovells
                       Nicole Wilkinson, CVS

Date:  October 10, 2017

Location:  Inmar/Med-Turn Forth Worth, TX

Summary

Inmar/Med-Turn hosted staff from EPA HQ to provide a tour of their reverse distribution facility. The facility receives primarily prescription pharmaceuticals from its off-site customers to facilitate manufacturer's credit. Inmar estimates that <10 % of the incoming pharmaceuticals are hazardous waste. The site currently operates as a RCRA large quantity generator (LQG).  The site has received Verified-Accredited Wholesale Distributors (VAWD) accreditation from the National Association of Boards of Pharmacy. It does not redistribute or donate any medications from this location. Although there is another Med-Turn facility in Toronto, Ontario in Canada, the two facilities operate separately and do not have any cross border transportation of pharmaceuticals.

Following the tour, EPA staff met with the participants to ask questions and to discuss EPA's progress on finalizing the Hazardous Waste Pharmaceuticals Rule.


	ENVIRONMENTAL PROTECTION AGENCY

	40 CFR Part 52

	[EPA-R03-OAR-2007-0521; FRL-        ]

Approval and Promulgation of Air Quality Implementation Plans; Virginia;
Virginia Major New Source Review, Prevention of Significant
Deterioration (PSD)

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Proposed rule

SUMMARY: EPA is proposing limited approval of a State Implementation
Plan (SIP) revision submitted by the Commonwealth of Virginia.  This
revision pertains to amendments to Virginia’s existing new source
review permit program for owners of sources located or locating in
prevention of significant deterioration (PSD) areas which were submitted
to EPA on October 10, 2006.  EPA is proposing limited approval of these
changes to the PSD program, because while the SIP revision submitted by
the Commonwealth strengthens the SIP, it does not fully meet the current
Federal requirements for the allowable lookback period under the
definition of “baseline actual emissions”.  This action is being
taken under the Clean Air Act (CAA or the Act).  In a separate action,
EPA will address changes made by Virginia to its nonattainment new
source review (NNSR) permit program, submitted on February 12, 2007.

DATES: Written comments must be received on or before [insert date 30
days from date of publication].

ADDRESSES:  Submit your comments, identified by Docket ID Number
EPA-R03-OAR-2007-0521 by one of the following methods:

   HYPERLINK "http://www.regulations.gov"  www.regulations.gov .
Follow the on-line instructions for submitting comments.

B.    E-mail<EMAIL_ADDRESS>
     C.    Mail:   EPA- R03-OAR-2007-0521, David Campbell, Chief,
Permits and Technical Assessment Branch, Mailcode 3AP11, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.

     D.   Hand Delivery: At the previously-listed EPA Region III
address.  Such deliveries are only accepted during the Docket(s normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.

Instructions:  Direct your comments to Docket ID No.
EPA-R03-OAR-2007-0521.  EPA's policy is that all comments received will
be included in the public docket without change, and may be made
available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov or
e-mail.  The www.regulations.gov website is an (anonymous access(
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment.  If you
send an e-mail comment directly to EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet.  If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit.  If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.  Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.

Docket:  All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute.  Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form.  Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103.  Copies of the State submittal
are available at the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT:  Sharon McCauley,<PHONE_NUMBER>, or by
e-

mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:  On October 10, 2006, the Commonwealth of
Virginia

submitted a revision to its SIP for approval of amendments to
Virginia’s existing New Source

Review permit program for owners of sources locating in PSD areas.

I.    Background

On December 31, 2002, the U.S. EPA published revisions to the Federal
PSD and NNSR

regulations (67 FR 80186), effective March 3, 2003.   These changes to
the Federal

NSR regulations were reconsidered with minor changes on November 7, 2003
(68 FR 63021)

and collectively, these two final actions are called the “2002 New
Source Review (NSR) Reform

Rules”.

The 2002 NSR Reform Rules made changes to five areas of the NSR
programs.  In summary, the

2002 Rules:  (1) Provide a new method for determining the baseline
actual emissions; (2) adopt

an actual-to-projected actual methodology for determining whether a
major modification has

occurred; (3) allow major stationary sources to comply with plant-wide
applicability limits to

avoid having a significant emissions increase that triggers the
requirements of the major NSR

program; (4) provide a new applicability provision for emissions units
that are designated clean

units; and (5) exclude pollution control projects (PCPs) from the
definition of “physical change

or change in the method of operation.”  The November 7, 2003 notice of
final action added a

definition for “replacement unit” and clarified an issue regarding
the Plant-wide Applicability

Limitation (PALs) baseline calculation procedures for newly constructed
units.

On June 24, 2005, the United States Court of Appeals for the District of
Columbia Circuit ruled

in New York v. EPA, 413 F.3d 3 (D.C. Cir. June 24, 2005) that EPA lacked
the authority to

promulgate the Clean Unit provisions, and the Court requested that EPA
vacate that portion of

the 2002 Federal regulation, codified at 40 CFR 52.21(x), as contrary to
the statute.  Also, the

Court determined that EPA lacked the authority to create PCP exceptions
from NSR and vacated

those parts of the 1991 and 2002 rules, codified at 40 CFR 52.21(b)(32)
and 52.21(z), as contrary

to the statute.

As stated in the December 31, 2002 “NSR Reform” rulemaking, State
and local permitting

agencies were required to adopt and submit revisions to their part 51
permitting programs,

implementing the minimum program elements of that rulemaking no later
then January 2, 2006

(67 FR 80240).  With this submittal, Virginia requests approval of
program revisions to satisfy

this requirement. In addition, Virginia has updated their stationary
source permit regulations in

Chapter 50, Article 4, to conform to the new NSR regulatory program and
translated the Federal

NSR requirements into their regulatory text in Chapter 80, Article 8 in
a manner that is

consistent with State regulatory development procedures.

On October 13, 2006, EPA Region III received a revision request to the
Virginia SIP from the

Virginia Department of Environmental Quality (VADEQ).  The October 13,
2006, 2006 SIP

revision request consisted of changes to Legislative Rule 9 VAC 5
Chapter 50 Article 4 –

Stationary Sources, 9 VAC 5 Chapter 80 Article 6 – Permits for New and
Modified Stationary

Sources, and 9 VAC 5 Chapter 80 Article 8 - Permits for Construction and
Major Modification

of Major Stationary Sources of Air Pollution for the Prevention of
Significant Deterioration.

These rules were adopted by the Commonwealth of Virginia State Air
Pollution Control Board

on June 21, 2006 and became effective September 1, 2006.  The
Commonwealth adopted the

regulations in order to meet the relevant plan requirements of 40 CFR
51.166.

II. Summary of SIP Revision

What is being addressed in this document?

Virginia currently has an EPA-approved NSR program for new and modified
sources.  Today,

EPA is proposing limited approval of the Virginia pre-construction
permitting program as

submitted on October 10, 2006 for sources located or locating in PSD
areas.  The submittal

consists of rules titled “Chapter 50, Article 4 – Stationary
Sources” and “Chapter 80, Article 8 –

Permits for Construction and Major Modification of Major Stationary
Sources of Air Pollution

for the Prevention of Significant Deterioration (PSD)” adopted June
21, 2006 and effective

September 1, 2006.  Virginia also submitted changes to 9 VAC Chapter 80
Article 6 – Permits

for New and Modified Stationary Sources as part of the SIP revision,
however, Article 6 has not

previously been approved as part of the Virginia SIP and  EPA will not
be taking any rulemaking

action on this portion of the SIP submittal at this time.  This limited
approval action will revise

the previously-approved versions of these rules as approved into the
Virginia SIP on April 21,

2000 (65 FR 21315) and March 23, 1998 (63 FR 13795).

Copies of the revised Virginia rules, as well as the Technical Support
Document (TSD), can be

obtained from the Docket as discussed in the “Docket” Section above.
 A discussion of the

notable Virginia rule changes that are proposed for inclusion into the
SIP are included in the

TSD and summarized below.

What are the program changes that EPA is proposing limited approval?

In its December 2002 regulatory action, EPA dramatically changed many
aspects of the

regulations governing the PSD and nonattainment NSR programs (together,
as “NSR”),  aimed at

“providing much needed flexibility and regulatory certainty, and at
removing barriers and

creating incentives for sources to improve environmental performance
through emissions

reductions, pollution prevention, and improved energy efficiency.”
Virginia accepted the

conceptual framework of EPA’s NSR reform revisions but tailored the
program to their State-

specific objectives.  EPA agrees that Virginia’s regulations, while
different in some limited

respects, will not prevent companies from benefiting from most, if not
all of the goals of NSR

reform.   In general, EPA has concluded that Virginia’s regulations,
overall, conform to the

minimum program elements in 40 CFR 51.166 despite some variations in
their rules from the

federal program.  These notable variations are described below and the
explanation of EPA’s

proposed limited approval is described in Section III of this notice.

Notable Variations in Article 8 from the Federal Program

1.  In the EPA regulations, the period used for establishing the
baseline for each pollutant can be

different for each pollutant.  The Virginia regulations require that it
be the same for all

pollutants, except where extenuating circumstances would allow use of
different baseline

periods.  This variation is acceptable to EPA.

2.  The EPA regulations do not specify consequences where the owner
determines there is a

reasonable possibility that a project that is not a part of a major
modification may result in a

significant emissions increase and does not obtain a permit.  The
Virginia regulations specify

how the state will act should the owner fail to make an accurate
determination.    EPA believes

that this variation from the Federal rule has no impact on approvability
or the Commonwealth’s

ability to achieve the goals of NSR reform and is acceptable to EPA.

Please note, the Commonwealth will soon be revising this Section of its
regulations to reflect

changes made in the EPA final rule dated December 14, 2007 providing
improvements to EPA’s

New Source Review program regarding “reasonable possibility” in
recordkeeping.   EPA’s final

rule provided an explanation and more detailed criteria to clarify the
“reasonable possibility”

recordkeeping and reporting standard of the 2002 New Source Review
Reform rule.  The

improvements provided in the December 14, 2007 rulemaking were to
reflect the amendments

found necessary to respond to the decision of the U.S. Court of Appeals
for the DC Circuit in

New York v. EPA, 413 F.3d 3 (DC Cir. 2005) (New York) which remanded
this portion of the

December 2002 regulations for EPA to provide an acceptable explanation
for its ‘‘reasonable

possibility’’ standard or to devise an appropriately supported
alternative.

3.  The EPA regulations exclude emission increases that could be
accommodated and are

unrelated to the project, including demand growth, from projected actual
emissions. The Virginia

regulations included this exclusion but have been revised in order to
clarify the intent of the

provision and ensure consistency in its application.   This variation is
acceptable to EPA.

4.  The EPA regulations require owners to develop and maintain
information to support their

determination that a given project is not a part of a major modification
that may result in a

significant emissions increase.  The Virginia regulations require
advance notification of the

availability of the information prior to beginning actual construction
of the project.  This

variation is acceptable to EPA.

5.  The EPA regulations establish Plantwide Applicability Limits (PALs)
with a duration of 10

years; the Virginia regulations contain five-year durations for PALs.
This variation is acceptable

to EPA.

6.  This SIP revision also includes other non-substantive changes to
Virginia’s PSD program.

There was a need to update regulatory citations, making consistency
revisions to the text to bring

the regulations in the Commonwealth up to date.  EPA’s analysis has
found that these non-

substantative changes do not change any of the minimum regulatory
requirements and are

acceptable.

For an in-depth and full explanation of EPA’s regulatory analysis of
the Virginia PSD program,

please review the TSD located in the Docket.  EPA’s position is that
every element of NSR

reform is present in Virginia’s rules but some elements may be
implemented in a way that allows

the Commonwealth more scrutiny with respect to how NSR applies to a
facility.

III.  Limited Approval

Why is EPA proposing “limited approval” versus “full approval”
of Virginia’s

NSR Reform regulations for PSD areas?

The Clean Air Act does not expressly provide for limited approvals,
therefore EPA is

using its gap-filling authority under section 301 (a) of the Act in
conjunction with the section 110

(k) (3) approval provision to interpret the Act to provide for this type
of limited approval action.

A key aspect of these limited approval actions is that they encompass
the entire rule based on the

fact that even with limitations, the approval of the entire rule will
strengthen the Common-

wealth’s SIP.  The primary advantage to using this limited approval is
that it will make the

Commonwealth’s revision submittal Federally enforceable and will
increase the SIP’s potential

to achieve additional reductions.

The following is an explanation for the limited approval of this SIP
revision by EPA.  In

Virginia’s regulations under 9 VAC 5-80-1615 a new definition was
added to reflect the

necessary changes to the program found in the 2002 Federal NSR Reform
rule.

Virginia’s definition for “baseline actual emissions” varies from
the Federal definition at

40 CFR 51.166(b)(47) in two ways.  First, for both electric generating
units (EGUs) and non-

EGUs, Virginia’s rule allows the use of different baselines for
different pollutants if the owner

can demonstrate to the satisfaction of the State Air Pollution Control
Board (Board) that a

different baseline period for a different pollutant(s) is more
appropriate due to extenuating

circumstances.  This is acceptable to EPA. However in the second
instance, for non-EGUs, the

24-month baseline period must occur within the five-year period
preceding the date the owner

begins actual construction or the permit application is deemed complete,
whichever is earlier,

unless the Board allows a different time period that it deems is more
representative of normal

source operations.  The allowance of a different or an extended time
period by the Board is

acceptable as it allows a time period past the more limiting 5-year
period, however, the

Commonwealth’s regulations do not further restrict the Board from
allowing a time period which

could extend past the 10-year period currently provided in the federal
NSR Reform rule.

The Virginia regulations, therefore, meet the general federal criteria
for expanding the

lookback period beyond the old requirement of the most recent 24-month
period, and are thus

equivalent to the federal requirement.  The purpose of an extended
lookback is to establish a

period that is most representative of source operation.  Establishment
of the most representative

operation not only enables sources to plan effective emissions control
strategies, it also provides

Virginia with more accurate information on which to base long-term air
quality planning

strategies.  The 5-year lookback period can be seen to be more limiting
or at times more

restrictive than the Federal rule.  Requiring a 5-year lookback instead
of a 10-year lookback may,

however, limit a source’s potential to find a higher baseline.  This
could in turn restrict a source’s

ability to emit and is thus inherently more protective than the EPA
regulations.  As part of the

October 10, 2006 SIP revision submittal, the Commonwealth provided a
more detailed

explanation of the 5-year lookback period.

Though it was not Virginia’s intention to exceed the 10-year lookback
period limitation, EPA’s

decision to propose limited approval is based the Commonwealth’s
interpretation of its own

regulations as provided in their Technical Support Document.  EPA is
relying on this

interpretation of the regulations as noted above and in part, the basis
for our limited approval.

Furthermore, EPA would look unfavorably upon any use of discretion by
Virginia that would

allow for baselines that exceed a 10-year lookback period.  EPA expects
Virginia to correct the

definition at 9 VAC 5-80-1615 by limiting the discretionary lookback
period to 10 years.  When

Virginia makes this amendment, they will be eligible for consideration
for full approval of its

PSD program found in Article 8.

IV. General Information Pertaining to SIP Submittals from the
Commonwealth of Virginia

In 1995, Virginia adopted legislation that provides, subject to certain
conditions, for an environmental assessment (audit) “privilege” for
voluntary compliance evaluations performed by a regulated entity.  The
legislation further addresses the relative burden of proof for parties
either asserting the privilege or seeking disclosure of documents for
which the privilege is claimed.  Virginia's legislation also provides,
subject to certain conditions, for a penalty waiver for violations of
environmental laws when a regulated entity discovers such violations
pursuant to a voluntary compliance evaluation and voluntarily discloses
such violations to the Commonwealth and takes prompt and appropriate
measures to remedy the violations.  Virginia's Voluntary Environmental
Assessment Privilege Law, Va. Code Sec. 10.1-1198, provides a privilege
that protects from disclosure documents and information about the
content of those documents that are the product of a voluntary
environmental assessment. The Privilege Law does not extend to documents
or information (1) that are generated or developed before the
commencement of a voluntary environmental assessment; (2) that are
prepared independently of the assessment process; (3) that demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) that are required by law.

On January 12, 1998, the Commonwealth of Virginia Office of the Attorney
General provided a legal opinion that states that the Privilege law, Va.
Code Sec. 10.1-1198, precludes granting a privilege to documents and
information “required by law”, including documents and information
(required by Federal law to maintain program delegation, authorization
or approval, since Virginia must “enforce Federally authorized
environmental programs in a manner that is no less stringent than their
Federal counterparts. . . .”   The opinion concludes that “
[r]egarding ( 10.1-1198, therefore, documents or other information
needed for civil or criminal enforcement under one of these programs
could not be privileged because such documents and information are
essential to pursuing enforcement in a manner required by Federal law to
maintain program delegation, authorization or approval.”

Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ([t]o
the extent consistent with requirements imposed by Federal law,( any
person making a voluntary disclosure of information to a state agency
regarding a violation of an environmental statute, regulation, permit,
or administrative order is granted immunity from administrative or civil
penalty.  The Attorney General's January 12, 1998 opinion states that
the quoted language renders this statute inapplicable to enforcement of
any Federally authorized programs, since (no immunity could be

afforded from administrative, civil, or criminal penalties because
granting such immunity would not be consistent with Federal law, which
is one of the criteria for immunity.

Therefore, EPA has determined that Virginia's Privilege and Immunity
statutes will not preclude the Commonwealth from enforcing its PSD
program consistent with the Federal requirements.  In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the Clean Air Act, including, for example, sections 113, 167, 205, 211
or 213, to enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort.  In addition, citizen
enforcement under section 304 of the Clean Air Act is likewise
unaffected by this, or any, state audit privilege or immunity law.

V.   Proposed Action

EPA has determined that the amendments to Virginia’s PSD permit
program at Articles 4 and 8, as submitted on October 10, 2006 meet the
minimum requirements of 40 CFR 51.166 and the Clean Air Act.  This
amendment is being proposed as a limited approval to the Virginia SIP.
EPA is soliciting public comments on the issues discussed in this
document.  These comments will be considered before taking final action.

VI. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations.  42 U.S.C. 7410(k); 40 CFR 52.02(a).  Thus, in
reviewing SIP submissions, EPA’s role is to approve state choices,
provided that they meet the criteria of the Clean Air Act.  Accordingly,
this action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law.  For that reason, this proposed action:

is not a "significant regulatory action” subject to review by the
Office of Management and Budget under Executive Order 12866 (58 FR
51735, October 4, 1993);

does not impose an information collection burden under the provisions of
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

is certified as not having a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);

does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Public Law 104-4);

does not have Federalism implications as specified in Executive Order
13132 (64 FR 43255, August 10, 1999);

is not an economically significant regulatory action based on health or
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997);

is not a significant regulatory action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);

is not subject to requirements of Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with the
Clean Air Act; and

does not provide EPA with the discretionary authority to address, as
appropriate, disproportionate human health or environmental effects,
using practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994).

In addition, this proposed rule for limited approval of the Virginia
Major New Source review Reform for facilities located or locating in PSD
areas does not have tribal implications as specified by Executive Order
13175 (65 FR 67249, November 9, 2000), because the SIP is not approved
to apply in Indian country located in the state, and EPA notes that it
will not impose substantial direct costs on tribal governments or
preempt tribal law.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

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

_________June 17, 2008______           ________/s/____________________

Dated:                                                      William T.
Wisniewski,

                                                                 Acting
Regional Administrator,

                                                                 Region
III.

 PAGE

 PAGE   2

 PAGE  15


[Federal Register Volume 85, Number 72 (Tuesday, April 14, 2020)]
[Notices]
[Page 20700]
[FR Doc No: 2020-07847]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4486-DR; Docket ID FEMA-2020-0001]

Florida; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Florida (FEMA-4486-DR), dated March 25, 2020,
and related determinations.

DATES: The declaration was issued March 25, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 25, 2020, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the emergency conditions in the State of
Florida resulting from the Coronavirus Disease 2019 (COVID-19)
pandemic beginning on January 20, 2020, and continuing, are of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Florida.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance limited to
the Crisis Counseling Program and assistance for emergency
protective measures (Category B), including direct Federal
assistance, under the Public Assistance program throughout the
State. Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Gracia B. Szczech, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Florida have been designated as
adversely affected by this major disaster:

    Individual Assistance limited to the Crisis Counseling Program
in all areas in the State of Florida.
    Emergency protective measures (Category B) not authorized under
other Federal statutes, including direct Federal assistance, under
the Public Assistance program at 75 percent federal funding for all
areas in the State of Florida.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-07847 Filed 4-13-20; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 82, Number 80 (Thursday, April 27, 2017)]
[Notices]
[Pages 19446-19447]
[FR Doc No: 2017-08512]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-0070; FMCSA-2014-0313]

Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions of 71
individuals from its prohibition in the Federal Motor Carrier Safety
Regulations (FMCSRs) against persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions enable these individuals with ITDM
to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions was effective on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m.,
e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records

notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.

II. Background

    On March 9, 2017, FMCSA published a notice announcing its decision
to renew exemptions for 71 individuals from the insulin-treated
diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate a CMV
in interstate commerce and requested comments from the public (82 FR
13180). The public comment period ended on April 10, 2017, and no
comments were received.
    As stated in the previous notice, FMCSA has evaluated the
eligibility of these applicants and determined that renewing these
exemptions would achieve a level of safety equivalent to or greater
than the level that would be achieved by complying with the current
regulation 49 CFR 391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes
found in 49 CFR 391.41(b)(3) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 71 renewal exemption applications
and that no comments were received, FMCSA confirms its' decision to
exempt the following drivers from the rule prohibiting drivers with
ITDM from driving CMVs in interstate commerce in 49 CFR 391.41(b)(3).
    As of March 12, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 16 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (73 FR 6248; 73 FR
13274):

Richard L. Burwell (OH)
David Clemente, Sr. (NJ)
Timothy M. Collier (NY)
William M. Dement (MO)
James O. Hamilton (OH)
William B. Jenks, Jr. (UT)
Timothy L. Johnson (IA)
Douglas O. Krosch (MN)
Robert E. Martin (MO)
Garrett A. Phillips (NY)
Randy L. Quattlebaum (TX)
Mark C. Smith (NE)
Billy J. Stamper (OK)
Robert E. Tauriainen (OR)
David B. Tomlin (AL)
Brian T. Tow (WA)

    The drivers were included in docket No. FMCSA-2007-0070. Their
exemptions are effective as of March 12, 2017, and will expire on March
12, 2019.
    As of March 24, 2017, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 55 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (80 FR 8929; 80 FR
24313):

Timothy E. Adkins (KY)
Daniel S. Arke (HI)
Raul Arlequin Jr. (FL)
Chad W. Beeman (NY)
Jeffrey S. Bohle (IA)
Bradley T. Boyd (IA)
Bradley M. Brauer (NE)
Gary W. Brendel (NY)
Thomas Browning (PA)
Kell D. Busby, Jr. (MI)
Rafael B. Castillo (NJ)
Zachary D. Craig (ND)
Terry R. Darnall (IL)
Raymond W. Dropps (MN)
Curtis W. Fox (IN)
William H. Geiselhart, Jr. (PA)
Darrel G. Goetz (MO)
Chris S. Hammack (CO)
James P. Hancock, Jr. (PA)
Donald S. Hanson (MN)
Michael Hasley (AR)
Gene A. Heibult (SD)
Ronald R. Herrington (WV)
Jay H. Hess (PA)
Kevin L. Holmes (IL)
Claude E. Hoskins (WA)
Ulysses Jones (IN)
Sean M. Jordan (PA)
Steven N. Kemp (TX)
Tracy A. Knake (IA)
Robert E. Lane (IN)
Jason C. Lewis (MD)
Corey A. Maas (KS)
James P. MacDonald (MA)
Timothy D. Maxson (NY)
Guy D. McGuire (MD)
Roy A. Montalvan (PA)
Justin M. Powell (NC)
Jackie Riley (NC)
Rudy A. Rodriguez (OR)
Philip M. Schopp (MO)
Andrew T. Segetti (CT)
Roger L. Shones (MN)
William L. Sirabella (RI)
Ronald D. Strobo (FL)
Rodney H. Swartz (NY)
David A. Tipps (IL)
Keith J. Tschetter (ND)
Sean E. Twohig (NY)
Jimmie W. Ward (NC)
Michael R. Waskow (WI)
James B. Westphal (WI)
John A. Winquist (SD)
Robert J. Wyand (NY)
Michael E. Zincone (RI)

    The drivers were included in docket No. FMCSA-2014-0313. Their
exemptions are effective as of March 24, 2017, and will expire on March
24, 2019.
    In accordance with 49 U.S.C. 31315, each exemption will be valid
for two years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136 and
31315.

    Issued on: April 19, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-08512 Filed 4-26-17; 8:45 am]
 BILLING CODE 4910-EX-P