Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Notices 33455 

EPA Region 4 sent a letter to SC DHEC 

on May 25, 2012, stating that the 2008 

VOC MVEB in the 1997 8-hour ozone 

RFP plan for the South Carolina portion 

of the Charlotte bi-state Area, dated 

August 31, 2007, and supplemented on 

April 29, 2010, are adequate. EPA 

posted the availability of the York 

County MVEB on EPA’s Web site on 

May 13, 2010, as part of the adequacy 

process, for the purpose of soliciting 

comments. The comment period ran 

from May 13, 2010, through June 14, 

2010. EPA’s findings have also been 

announced on EPA’s conformity Web 

site: http://www.epa.gov/otaq/ 

stateresources/index.htm, (once there, 

click ‘‘Transportation Conformity’’ text 

icon, then look for ‘‘Adequacy Review 

of SIP Submissions’’). The adequate 

VOC MVEB is provided in the following 

table: 

YORK COUNTY, SOUTH CAROLINA 8-HR

OZONE VOC MVEB 

2008 2008 

York County ( partial county) VOC MVEB 

VOC 6.053 tons per 

day.

5,493 kilograms 

per day 

Transportation conformity is required 

by section 176(c) of the Clean Air Act, 

as amended in 1990. EPA’s conformity 

rule, 40 CFR part 93, requires that 

transportation plans, programs and 

projects conform to state air quality 

implementation plans and establishes 

the criteria and procedures for 

determining whether or not they do. 

Conformity to a SIP means that 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the NAAQS. 

The criteria by which EPA determines 

whether a SIP’s MVEB are adequate for 

transportation conformity purposes are 

outlined in 40 CFR 93.118(e) (4). EPA 

has described the process for 

determining the adequacy of submitted 

SIP budgets in a May 14, 1999, 

memorandum entitled ‘‘Conformity 

Guidance on Implementation of March 

2, 1999 Conformity Court Decision.’’ 

EPA has followed this guidance in 

making this adequacy determination. 

This guidance is incorporated into 

EPA’s July 1, 2004, final rulemaking 

entitled ‘‘Transportation Conformity 

Rule Amendments for the New 8-hour 

Ozone and PM2.5 National Ambient Air 

Quality Standards and Miscellaneous 

Revisions for Existing Areas; 

Transportation Conformity 

Rule Amendments: Response to Court 

Decision and Additional Rule Changes’’ 

(See 69 FR 40004). Please note that an 

adequacy review is separate from the 

EPA’s completeness review, and it also 

should not be used to prejudge EPA’s 

ultimate approval of the SIP. Even if 

EPA finds the MVEB adequate, the 

Agency may later disapprove the SIP. 

Within 24 months from the effective 

date of this notice, the transportation 

partners will need to demonstrate 

conformity to the new MVEB if the 

demonstration has not already been 

made, pursuant to 40 CFR 93.104(e). See 

73 FR 4419 (January 24, 2008). 

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

Dated: May 29, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2012–13697 Filed 6–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2012–0397; FRL–9351–2] 

Bacillus mycoides isolate J; Receipt of 

Application for Emergency Exemption 

for Use on Potato in Montana, 

Solicitation of Public Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received a specific 

exemption request from the Montana 

Department of Agriculture to use the 

pesticide Bacillus mycoides isolate J to 

treat up to 2,675 acres of potato to 

control Potato Virus Y (PVY). The 

applicant proposes the use of a new 

chemical which has not been registered 

by the EPA. EPA is soliciting public 

comment before making the decision 

whether or not to grant the exemption. 

DATES: Comments must be received on 

or before June 11, 2012. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0397 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), Mail Code: 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.htm. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

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

dockets. 

FOR FURTHER INFORMATION CONTACT: 

Debra Rate, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 306–0309; fax number: (703) 605– 

0781; email address: 

rate.debra@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. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

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33456 Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Notices 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticide 

discussed in this document, compared 

to the general population. 

II. What Action is the Agency Taking? 

Under section 18 of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) (7 U.S.C. 136p), at the 

discretion of the Administrator, a 

Federal or State agency may be 

exempted from any provision of FIFRA 

if the Administrator determines that 

emergency conditions exist which 

require the exemption. Montana 

Department of Agriculture has requested 

the Administrator to issue a specific 

exemption for the use of Bacillus 

mycoides isolate J on potato to control 

PVY. Information in accordance with 40 

CFR part 166 was submitted as part of 

this request. 

As part of this request, the applicant 

asserts that Bacillus mycoides isolate J 

is needed to treat first and second 

generation seed potato to control PVY 

transmitted by aphids. The mode of 

action of Bacillus mycoides isolate J is 

to induce the plants systemic acquired 

resistance (SAR) to disease. In certified 

seed potato production, the final 

evaluation on virus levels is determined 

by conducting a post-harvest test. In 

Montana, the level of virus must be 

below 0.5% PVY for planting back for 

re-certification. The Montana potato 

industry’s ability to plant sufficient seed 

acreage in 2012 will be compromised, 

without the use of Bacillus mycoides 

isolate J to control PVY. Expected losses 

without the use of Bacillus mycoides 

isolate J will approach 30% of the first 

generation seed potato and 40% of the 

second generation seed potato. 

The Applicant proposes to make no 

more than five applications per year at 

a rate of 0.3 ounces of active ingredient 

per acre per application to a maximum 

of 2,675 acres of potato during the 2012 

growing season in the state of Montana. 

A total of 4,012.5 ounces of Bacillus 

mycoides isolate J may be used. 

This notice does not constitute a 

decision by EPA on the application 

itself. The regulations governing section 

18 of FIFRA require publication of a 

notice of receipt of an application for a 

specific exemption proposing use of a 

new chemical (i.e., an active ingredient) 

which has not been registered by EPA. 

The notice provides an opportunity for 

public comment on the application. 

The Agency, will review and consider 

all comments received during the 

comment period in determining 

whether to issue the specific exemption 

requested by the Montana Department 

of Agriculture. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: May 22, 2012. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2012–13348 Filed 6–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9682–4] 

Public Water Supply Supervision 

Program; Program Revision for the 

State of Washington 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Tentative Approval. 

SUMMARY: Notice is hereby given that 

the State of Washington has revised its 

approved State Public Water Supply 

Supervision Primacy Program. 

Washington has adopted regulations 

analogous to EPA’s Lead and Copper 

Short-Term Regulatory Revisions and 

Clarifications Rule. EPA has determined 

that these revisions are no less stringent 

than the corresponding federal 

regulations. Therefore, EPA intends to 

approve these State program revisions. 

By approving these rules, EPA does not 

intend to affect the rights of federally 

recognized Indian tribes within ‘‘Indian 

country’’ as defined by 18 U.S.C. 1151, 

nor does it intend to limit existing rights 

of the State of Washington. 

DATES: All interested parties may 

request a public hearing. A request for 

a public hearing must be submitted by 

July 6, 2012 to the Regional 

Administrator at the EPA address 

shown below. Frivolous or insubstantial 

requests for a hearing may be denied by 

the Regional Administrator. However, if 

a substantial request for a public hearing 

is made by July 6, 2012, a public hearing 

will be held. If no timely and 

appropriate request for a hearing is 

received and the Regional Administrator 

does not elect to hold a hearing on his 

own motion, this determination shall 

become final and effective on July 6, 

2012. Any request for a public hearing 

shall include the following information: 

(1) The name, address, and telephone 

number of the individual, organization, 

or other entity requesting a hearing; (2) 

a brief statement of the requesting 

person’s interest in the Regional 

Administrator’s determination and a 

brief statement of the information that 

the requesting person intends to submit 

at such hearing; (3) the signature of the 

individual making the request, or, if the 

request is made on behalf of an 

organization or other entity, the 

signature of a responsible official of the 

organization or other entity. 

ADDRESSES: All documents relating to 

this determination are available for 

inspection between the hours of 9:00 

a.m. and 4:00 p.m., Monday through 

Friday, at the Washington Department 

of Health—Office of Drinking Water, 

mstockstill on DSK4VPTVN1PROD with NOTICES