Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 65537 

1The criteria pollutants are ozone (O3), nitrogen 

oxides (represented by nitrogen dioxide (NO2)), 

sulfur oxides (represented by sulfur dioxide (SO2)), 

carbon monoxide (CO), particulate matter 

(represented by total suspended particulates (TSP), 

particulates (PM10), and fine particulates (PM2.5)), 

and lead (Pb). Note that Illinois also has air quality 

standard and monitoring rules for ‘‘coarse 

particulate matter’’ (PM2.5–10), although this is not 

a criteria pollutant and is generally considered to 

be included in PM10. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: December 4, 2018. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2018–27607 Filed 12–20–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–RO5–OAR–2018–0302; EPA–R05– 

OAR–2018–0303; EPA–RO5–OAR–2018– 

0589; FRL–9988–04–Region 5] 

Air Plan Approval; Illinois; NAAQS and 

VOC Updates 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revised rules 

submitted by the State of Illinois as 

State Implementation Plan (SIP) 

revisions. The submitted rules update 

Illinois definitions and requirements for 

handling monitoring data influenced by 

exceptional events, update 

implementation rules for the 2012 

primary annual National Ambient Air 

Quality Standard (NAAQS) for fine 

particulate matter (PM2.5), and update 

designated reference and equivalent 

methods for multiple NAAQS. In 

addition, the submitted rules amend the 

Illinois Administrative Code (IAC) by 

updating the definition of volatile 

organic compounds (VOC). 

DATES: This direct final rule will be 

effective February 19, 2019, unless EPA 

receives adverse comments by January 

22, 2019. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–RO5– 

OAR–2018–0302, EPA–RO5–OAR– 

2018–0303, or EPA–RO5–OAR–2018– 

0589 at http://www.regulations.gov, or 

via email to aburano.douglas@epa.gov. 

For comments submitted at 

Regulations.gov, follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

For either manner of submission, EPA 

may publish any comment received to 

its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Samantha Panock, Physical Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8973, 

panock.samantha@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

II. What are the State rule revisions? 

III. Did the State hold public hearings for 

these submittals? 

IV. What is EPA’s analysis of the State’s 

submittals? 

V. What action is EPA taking? 

VI. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. Background 

Section 109 of the Clean Air Act 

(CAA) requires EPA to establish 

national primary (protective of human 

health) and secondary (protective of 

human welfare) air quality standards for 

pollutants for which air quality criteria 

have been issued under section 108 of 

the CAA (the criteria pollutants 1). 

Individually and collectively these 

standards are referred to as NAAQS. 

Section 109(d)(1) of the CAA requires 

EPA to review, and if necessary, based 

on accumulated health and welfare data, 

to revise each NAAQS every five years. 

If a NAAQS is revised, states whose 

rules include state air quality standards 

may revise their rules to address the 

revised NAAQS and associated 

monitoring requirements, and submit 

them to EPA as SIP revision requests. 

See, e.g., 415 ILCS 5/10(H). Moreover, 

section 10(H) of the ILCS requires that 

Illinois adopt ambient air quality 

standards that are identical-in-substance 

to the Federal NAAQS using identicalin-substance rulemaking procedure (415 

ILCS 5/10(H)(2016). 

The Illinois Environmental Protection 

Agency (IEPA) submitted revisions on 

ambient air quality standards in the 

Illinois SIP to EPA for approval on April 

2, 2018 and July 26, 2018. Specifically, 

these SIP revisions update: (1) Illinois 

ambient air quality definitions and 

requirements for handling monitoring 

data influenced by exceptional events, 

(2) implementation rules for the 2012 

primary annual PM2.5 NAAQS, and (3) 

designated reference and equivalent 

methods for multiple NAAQS. These 

updates correspond to EPA’s 

rulemakings related to NAAQS that 

occurred between July 1, 2016 and 

December 31, 2017. 

IEPA also submitted a revision to the 

definitions for VOC in the Illinois SIP to 

EPA for approval on April 2, 2018. The 

change included the addition of 1,1,2,2- 

Tetrafluoro-1-(2,2,2-trifluoroethoxy) 

ethane to the list of chemical species 

excluded from the Federal definition of 

VOC. This update corresponds to EPA’s 

rulemaking related to VOC regulations 

adopted August 1, 2016. 

II. What are the State rule revisions? 

35 IAC 243.101 Definitions 

Illinois amended 35 IAC 243.101 to 

add and revise definitions regarding the 

exceptional events rule. These 

definitions were adopted by EPA in 

‘‘Treatment of Data Influenced by 

Exceptional Events’’ (81 FR 68216, 

October 3, 2016). 

35 IAC 243.105 Air Quality Monitoring 

Data Influenced by Exceptional Events 

Illinois amended 35 IAC 243.105 to 

update procedural requirements, 

requirements for air agency 

demonstrations, criteria for EPA’s 

approval of the exclusion of event 

influenced air quality data, and 

requirements for air agencies to take 

appropriate and reasonable actions to 

protect public health from exceedances 

or violations of the NAAQS. 


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65538 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 

Additionally, Illinois repealed Section 

243.TABLE A ‘‘Schedule for Submission 

for Data Influenced by Exceptional 

Events for Use in Initial Area 

Designations.’’ 

EPA revised the requirements for 

handling monitoring data influenced by 

exceptional events (81 FR 68216, 

October 3, 2016). EPA recognizes that 

basing regulatory determinations on 

data influenced by exceptional events 

may not be appropriate in some 

instances. The rules provide a 

procedure for exclusion of data 

influenced by exceptional events from 

regulatory decision-making. An 

exceptional event has a clear 

relationship with violation of NAAQS, 

is not reasonably controlled or 

preventable, unlikely to reoccur at a 

particular location, and has been 

declared such by EPA. The revisions 

require written mitigation plans for 

areas that have ‘‘historically 

documented’’ or ‘‘known seasonal’’ 

exceptional events. Several revisions 

relate to wildfires and controlled burns 

as exceptional events. 

35 IAC 243.108 Incorporations by 

Reference 

Illinois revised this section to 

incorporate by reference EPA’s updated 

‘‘List of Designated Reference and 

Equivalent Methods’’ from January 1, 

2016, to December 31, 2017. EPA issued 

updated versions of the ‘‘List of 

Designated Reference and Equivalent 

Methods’’ that included new Federal 

Equivalent Methods (FEMs) and Federal 

Reference Methods (FRMs) for 

monitoring of Carbon Monoxide (CO), 

oxides of nitrogen (NOX), and PM2.5. See 

82 FR 14325 (March 20, 2017), 82 FR 

21995 (May 11, 2017) 82 FR 44612 

(September 25, 2017), 82 FR 45842 

(October 2, 2017). The list with all 

approved FEMs and FRMs is located at: 

https://www3.epa.gov/ttn/amtic/ 

criteria.html. 

Illinois also added a statement to 35 

IAC 243.108 that the incorporation by 

reference of EPA’s promulgated 

monitoring methods ‘‘includes the 

following USEPA methods designations 

that occurred after December 16, 2017.’’ 

Additionally, Illinois updated 35 IAC 

243.108 to incorporate by reference the 

2017 versions of appendices A–1, A–2, 

B, C, D, F, G, H, I, J, K, L, N, O, P, Q, 

R, S, T and U of 40 CFR part 50. These 

appendices contain the reference 

monitoring methods for and the 

‘‘interpretation’’ of (i.e., data handling 

conventions and computations) the 

ambient standards for the criteria air 

pollutants. 

EPA made one change in the 2017 

versions of these appendices relative to 

the 2016 versions. EPA revised the 

appendix N ‘‘Interpretation of the 

Primary and Secondary National 

Ambient Air Quality Standards for 

Particulate Matter.’’ These revisions 

address a number of important 

attainment planning issues including 

the process for determining control 

strategies, including Reasonably 

Available Control Measures/Reasonably 

Available Control Technology (RACM/ 

RACT) for Moderate areas; and Best 

Available Control Measures/Best 

Available Control Technology (BACM/ 

BACT) and Most Stringent Measures 

(MSM) for Serious areas; guidelines for 

attainment demonstrations for areas that 

can attain by the statutory attainment 

date, and ‘‘impracticability’’ 

demonstrations for areas that cannot 

practicably attain by the statutory 

attainment date; contingency measures 

for areas that fail to meet RFP or fail to 

attain the NAAQS by the attainment 

date; and codification of the clean data 

policy for PM2.5 NAAQS nonattainment 

areas. These implementation rules also 

clarify the specific attainment planning 

requirements that apply to PM2.5

NAAQS nonattainment areas based on 

their classification (either Moderate or 

Serious), and the process for 

reclassifying Moderate areas to Serious. 

In addition, the updated 

implementation rules revoke older 1997 

annual NAAQS for PM2.5, which will no 

longer apply in areas designated as 

attainment for that standard. For areas 

that EPA designated as nonattainment 

for the 1997 standard, the 1997 primary 

annual NAAQS for PM2.5 will continue 

to apply until the effective date of an 

EPA designation of attainment for the 

area. 

Illinois’ rule revisions incorporate by 

reference these amended CFR 

appendices. 

35 IAC 243.120 PM10 and PM2.5

Illinois amended 35 IAC 243.120 to 

include the revocation language for 

1997 PM2.5 NAAQS. As stated above, 

the 1997 PM2.5 NAAQS standard no 

longer applies to any area that is in 

attainment of the 1997 PM2.5 standard 

82 FR 14325 (August 24, 2016). In 

Illinois all areas are designated 

attainment or attainment/unclassifiable 

for the 1997 PM2.5 NAAQS except the 

Metro East St. Louis nonattainment area. 

These area are Madison, Monroe, and 

St. Clair Counties and the Baldwin 

Village area of Randolph County (40 

CFR 81.214, 2016). 

35 IAC 211.7150 Volatile Organic 

Material (VOM) or Volatile Organic 

Compound (VOC) 

Illinois amended 35 IAC 211.7150 to 

incorporate a change to the list of 

chemical species excluded from the 

Federal definition of VOC (81 FR 50330, 

August 1, 2016). The change included 

the addition of 1,1,2,2-Tetrafluoro-1- 

(2,2,2-trifluoroethoxy) ethane to the list 

of chemical species excluded from the 

Federal definition of VOC. 

In 2007, EPA received a petition 

requesting that 1,1,2,2-Tetrafluoro-1- 

(2,2,2-trifluoroethoxy) ethane be 

exempted from VOC control based on its 

lower reactivity than ethane and that it 

is not expected to contribute to the 

depletion of the stratospheric O3 layer. 

On August 1, 2016 (81 FR 50330), EPA 

responded to the petition by amending 

40 CFR 51.100(s) to exclude this 

chemical compound from the definition 

of VOC for purposes of preparing SIPs 

to attain the ozone NAAQS under title 

I of the CAA (78 FR 9823). Based on the 

mass maximum incremental reactivity 

value for the compound being equal to 

or less than that of ethane, EPA 

concluded that this compound makes 

negligible contributions to tropospheric 

ozone formation (81 FR 50330). EPA’s 

action became effective August 1, 2016. 

IEPA’s SIP revision to the Illinois 

definition of VOM is consistent with 

EPA’s action amending the definition of 

VOC at 40 CFR 51.100(s). 

III. Did the State hold public hearings 

for these submittals? 

Illinois held public hearings for the 

NAAQS updates on September 21, 2017 

and April 12, 2018. The public hearing 

held on September 21, 2017 addressed 

NAAQS updates regarding updated 

definitions and requirements for 

handling monitoring data influenced by 

exceptional events, implementation 

rules for the 2012 primary annual 

NAAQS for PM2.5, maintenance of 

primary and secondary NAAQS for lead 

without revision, addition of EPApromulgated monitoring methods for 

multiple NAAQS, and an adoption of a 

correction to an equation used for 

calculating PM2.5 compliance. One 

comment addressed concern of error in 

placement of language in the 

implementation rule for the 2012 PM2.5

as stated in EPA regulations. EPA 

indicated that the placement of language 

in the Federal regulations was not in 

error and no further action was taken. 

The public hearing held on April 12, 

2018 addressed the NAAQS updates 

regarding the addition of EPApromulgated monitoring methods for 

multiple NAAQS and updated List of 


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Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 65539 

2 62 FR 27968 (May 22, 1997). 

Designated Reference and Equivalent 

Methods. No adverse comments were 

received. 

Illinois held a public hearing for the 

VOM updates regarding the request of 

1,1,2,2-Tetrafluoro-1-(2,2,2- 

trifluoroethoxy) ethane being exempted 

from VOC regulations on September 21, 

2017. No adverse comments were 

received. 

IV. What is EPA’s analysis of the State’s 

submittals? 

EPA finds the state’s requested SIP 

revisions to be approvable, because the 

state’s rule revisions make the state’s air 

quality standards and associated 

monitoring requirements identical-insubstance to EPA’s promulgated 

NAAQS and VOC updates. 

V. What action is EPA taking? 

EPA is approving NAAQS updates 

into the Illinois SIP to 35 IAC 243.101, 

35 IAC 234.105, 35 IAC 243.108, 35 IAC 

243.120 35, and removal of IAC 

243.TABLE A contained in the April 2, 

2018 submittal and the July 26, 2018 

submittal. EPA is approving VOC 

updates into the Illinois SIP to 35 IAC 

211.7150 contained in the April 2, 2018 

submittal. EPA is also removing an 

incorrect reference in 40 CFR 

52.720(b)(3) on how copies of materials 

incorporated by reference may be 

inspected. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective February 19, 2019 without 

further notice unless we receive relevant 

adverse written comments by January 

22, 2019. If we receive such comments, 

we will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

February 19, 2019. 

VI. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Illinois Regulations 

described in the amendments to 40 CFR 

part 52 set forth below. EPA has made, 

and will continue to make, these 

documents generally available through 

www.regulations.gov and at the EPA 

Region 5 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference in the next 

update to the SIP compilation.2

VII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866. 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 19, 2019. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 


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65540 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2) of the CAA.) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon Monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: December 3, 2018. 

Cathy Stepp, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.720 is amended by: 

■ a. Revising paragraph (b)(3); 

■ b. Revising the table entries in 

paragraph (c) for 211.7150, 243.101, 

243.105, 243.108, and 243.120; and 

■ c. Removing the table entry in 

paragraph (c) for 243.TABLE A. 

The revisions read as follows: 

§ 52.720 Identification of plan. 

* * * * * 

(b) * * * 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the Environmental 

Protection Agency, Region 5, Air 

Programs Branch, 77 West Jackson 

Boulevard, Chicago, IL 60604, or the 

National Archives and Records 

Administration. For information on the 

availability of this material at NARA, 

call 202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

(c) * * * 

EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES

Illinois citation Title/subject State effective 

date EPA approval date Comments 

*******

Part 211: Definitions and General Provisions 

*******

Subpart B: Definitions 

*******

211.7150 ............ Volatile Organic Material (VOM) or Volatile Organic Compound (VOC).10/23/2017 12/21/2018, [Insert Federal Register citation].

*******

Part 243: Air Quality Standards 

Subpart A: General Provisions 

243.101 .............. Definitions ................................................ 10/23/2017 12/21/2018, [Insert Federal Register citation].

* * * * * * * 

243.105 .............. Air Quality Monitoring Data Influenced by 

Exceptional Events.

10/23/2017 12/21/2018, [Insert Federal Register citation].

* * * * * * * 

243.108 .............. Incorporation by Reference ..................... 05/29/2018 12/21/2018, [Insert Federal Register citation].

Subpart B: Standards and Measurement Methods 

243.120 .............. PM10 and PM2.5 ....................................... 10/23/2017 12/21/2018, [Insert Federal Register citation].

* * * * * * * 


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Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations 65541 

* * * * * 

[FR Doc. 2018–27610 Filed 12–20–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0562; FRL–9985–52] 

Mefenoxam; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of mefenoxam in 

or on cacao bean; the fruit, small, vine 

climbing, except grape, subgroup 13– 

07E; and wasabi. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

December 21, 2018. Objections and 

requests for hearings must be received 

on or before February 19, 2019, 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–2017–0562, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael Goodis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. 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 EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2017–0562 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 February 19, 2019. 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– 

2017–0562, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of January 26, 

2018 (83 FR 3658) (FRL–9971–46), EPA 

issued a document pursuant to FFDCA 

section 408(d)(3), 21 U.S.C. 346a(d)(3), 

announcing the filing of a pesticide 

petition (PP 7E8610) by IR–4, IR–4 

Project Headquarters, Rutgers, The State 

University of NJ, 500 College Road East, 

Suite 201 W, Princeton, NJ 08540. The 

petition requested that 40 CFR part 180 

be amended by establishing tolerances 

for residues of the fungicide 

mefenoxam, including its metabolites 

and degradates in or on the raw 

agricultural commodities cacao bean, 

bean at 0.2 parts per million (ppm); 

wasabi, tops at 6.0 ppm; wasabi, stem at 

3.0 ppm; and fruit, small, vine climbing, 

except grape, crop subgroup 13–07E at 

0.10 ppm. Additionally, the petition 

requested to amend 40 CFR 180.546 by 

removing the tolerance in or on 

kiwifruit at 0.10 ppm. That document 

referenced a summary of the petition 

prepared by Syngenta Crop Protection, 

the registrant, which is available in the 

docket, http://www.regulations.gov. One 

comment was received in the docket for 

the notice of filing, but as it raised 

concerns about the Obama 

Administration’s application of the 

National Environmental Protection 

Agency and Endangered Species Act, it 

is not relevant to this tolerance action. 

Based upon review of the data 

supporting the petition, EPA has 

modified the commodity definition for 

cacao and the tolerance level to be 

consistent with the Agency’s policy on 

significant figures. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 


amozie on DSK3GDR082PROD with RULES