Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Rules and Regulations 52867 

longitude 076°27′20′′ W, located at 

Solomons, Maryland. All coordinates 

reference Datum NAD 1983. 

(b) Definitions—(1) Coast Guard 

Patrol Commander means a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard who has been 

designated by the Commander, Coast 

Guard Sector Baltimore. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Baltimore with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(3) Participant means all vessels 

participating in the Chesapeake 

Challenge under the auspices of the 

Marine Event Permit issued to the event 

sponsor and approved by Commander, 

Coast Guard Sector Baltimore. 

(4) Spectator means all persons and 

vessels not registered with the event 

sponsor as participants or official patrol. 

(c) Special local regulations. (1) The 

Coast Guard Patrol Commander may 

forbid and control the movement of all 

vessels in the regulated area. When 

hailed or signaled by an official patrol 

vessel, a vessel in the regulated area 

shall immediately comply with the 

directions given. Failure to do so may 

result in expulsion from the area, 

citation for failure to comply, or both. 

(2) The Coast Guard Patrol 

Commander may terminate the event, or 

the operation of any vessel participating 

in the event, at any time it is deemed 

necessary for the protection of life or 

property. 

(3) All vessel traffic, not involved 

with the event, will be allowed to transit 

the regulated area and shall proceed in 

a northerly or southerly direction 

westward of the spectator area, taking 

action to avoid a close-quarters situation 

with spectators, until finally past and 

clear of the regulated area. 

(4) All Coast Guard vessels enforcing 

this regulated area can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz). 

(5) Only participants and official 

patrol are allowed to enter the race 

course area. 

(6) Spectators are allowed inside the 

regulated area only if they remain 

within the designated spectator area. 

Spectators will be permitted to anchor 

within the designated spectator area. No 

vessel may anchor within the regulated 

area outside the designated spectator 

area. Spectators may contact the Coast 

Guard Patrol Commander to request 

permission to pass through the 

regulated area. If permission is granted, 

spectators must pass directly through 

the regulated area outside the race 

course and spectator areas at a safe 

speed and without loitering. 

(7) Designated spectator fleet area. 

The spectator fleet area is located within 

a line connecting the following 

positions: latitude 38°19′00′′ N, 

longitude 076°28′22′′ W, thence to 

latitude 38°19′07′′ N, longitude 

076°28′12′′ W, thence to latitude 

38°18′53′′ N, longitude 076°27′55′′ W, 

thence to latitude 38°18′30′′ N, 

longitude 076°27′45′′ W, thence to 

latitude 38°18′00′′ N, longitude 

076°27′11′′ W, thence to latitude 

38°17′54′′ N, longitude 076°27′20′′ W, 

thence to the point of origin at latitude 

38°19′00′′ N, longitude 076°28′22′′ W. 

All coordinates reference datum NAD 

83. 

(8) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event date and times. 

(d) Enforcement periods. This section 

will be enforced: 

(1) From 10 a.m. until 6 p.m. on 

September 24, 2011, and 

(2) From 10 a.m. until 6 p.m. on 

September 25, 2011. 

Dated: August 1, 2011. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore. 

[FR Doc. 2011–21598 Filed 8–23–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0509; FRL–9453–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Adoption of Control 

Techniques Guidelines for Large 

Appliance and Metal Furniture 

Coatings 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a State 

Implementation Plan (SIP) revision 

submitted by the Pennsylvania 

Department of the Environmental 

Protection (PADEP). This SIP revision 

includes amendments to the 

Commonwealth of Pennsylvania’s 

regulation 25 Pa. Code Chapter 129 

(relating to standards for sources) and 

meets the requirement to adopt 

Reasonably Available Control 

Technology (RACT) for sources covered 

by EPA’s Control Techniques 

Guidelines (CTG) standards for large 

appliance and metal furniture coatings. 

These amendments will reduce 

emissions of volatile organic compound 

(VOC) emissions from large appliance 

and metal furniture coating facilities. 

Therefore, this revision will help the 

Commonwealth of Pennsylvania attain 

and maintain the national ambient air 

quality standard (NAAQS) for ozone. 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: This rule is effective on October 

24, 2011 without further notice, unless 

EPA receives adverse written comment 

by September 23, 2011. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0509, by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0509, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted 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–2011– 

0509. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site 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 http:// 

www.regulations.gov, your e-mail 


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52868 Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Rules and Regulations 

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 http:// 

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 http:// 

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 Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

e-mail at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 1, 2010, PADEP submitted to 

EPA a SIP revision concerning the 

adoption of the EPA CTGs for large 

appliance and metal furniture coating 

processes. 

I. Background 

Section 172(c)(1) of the CAA provides 

that SIPs for nonattainment areas must 

include reasonably available control 

measures (RACM), including RACT, for 

sources of emissions. Section 

182(b)(2)(A) provides that for certain 

nonattainment areas, States must revise 

their SIPs to include RACT for sources 

of VOC emissions covered by a CTG 

document issued after November 15, 

1990 and prior to the area’s date of 

attainment. 

EPA defines RACT as ‘‘the lowest 

emission limitation that a particular 

source is capable of meeting by the 

application of control technology that is 

reasonably available considering 

technological and economic feasibility.’’ 

(44 FR 53761, September 17, 1979). In 

subsequent Federal Register notices, 

EPA has addressed how states can meet 

the RACT requirements of the CAA. 

CTGs are intended to provide state 

and local air pollution control 

authorities information that should 

assist them in determining RACT for 

VOCs from various sources, including 

large appliance coatings and metal 

furniture coatings. In developing these 

CTGs, EPA, among other things, 

evaluated the sources of VOC emissions 

from this industry and the available 

control approaches for addressing these 

emissions, including the costs of such 

approaches. Based on available 

information and data, EPA provides 

recommendations for RACT for VOCs 

from large appliance coatings and metal 

furniture coatings. 

In December 1977, EPA published 

CTGs for large appliance coatings (EPA– 

450/2–77–034) and surface coating of 

metal furniture (EPA–450/2–77–032). 

These CTGs discuss the nature of VOC 

emissions from these industries, 

available control technologies for 

addressing such emissions, the costs of 

available control options, and other 

items. EPA promulgated national 

standards of performance for new 

stationary sources (NSPS) for large 

appliance coatings in 1982 (40 CFR part 

60, subpart SS) and surface coating of 

metal furniture in 1982 (40 CFR part 60, 

subpart EE). The NSPS requires VOC 

emissions limits based on VOC content 

of low VOC coating materials. EPA also 

published a national emission standard 

for hazardous air pollutants (NESHAP) 

for large appliance coatings in 2002 (40 

CFR part 63, subpart NNNN) and 

surface coating of metal furniture in 

2003 (40 CFR part 63, subpart RRRR). 

The NESHAP establishes national 

emission standards for hazardous air 

pollutants and emissions limits based 

on the organic hazardous air pollutants 

(HAP) content of low organic HAP 

coating materials. 

In 2006 and 2007, after conducting a 

review of currently existing state and 

local VOC emission reduction 

approaches for these industries, 

reviewing the 1977/1978 CTGs and the 

NESHAPs for these industries, and 

taking into account the information that 

has become available since then, EPA 

developed new CTGs for surface coating 

of large appliances, entitled Control 

Techniques Guidelines for Large 

Appliance Coatings (Publication No. 

EPA 453/R–07–004; September 2007) 

and surface coating of metal furniture, 

entitled Control Techniques Guidelines 

for Metal Furniture Coatings 

(Publication No. EPA 453/R–07–005; 

September 2007). 

Large appliance coatings include, but 

are not limited to, materials referred to 

as paint, topcoats, basecoats, primers, 

enamels, and adhesives used in the 

manufacture of large appliance parts or 

products. Coatings are a critical 

constituent to the large appliance 

industry. The metal furniture coatings 

product category includes the coatings 

that are applied to the surfaces of metal 

furniture. Metal furniture coatings serve 

decorative, protective, and functional 

purposes. VOC emissions from large 

appliance and metal furniture surface 

coating processes result from the 

evaporation of the components of the 

coatings and cleaning materials. 

II. Summary of SIP Revision 

On October 1, 2010, PADEP submitted 

to EPA a SIP revision concerning the 

adoption of the EPA CTGs for large 

appliance and metal furniture coatings. 

EPA develops CTGs as guidance on 

control requirements for source 

categories. States can follow the CTGs or 

adopt more restrictive standards. 

PADEP amended existing regulations at 

25 Pa. Code sections 129.51 and 129.52 

(relating to general and surface coating 

processes) and added section 129.52(a) 

(relating to control of VOC emissions 

from large appliance and metal furniture 

surface coating processes) in order to 

control VOC emissions from large 

appliance and metal furniture surface 

coating processes. This action affects 

sources that use large appliance and 

metal furniture surface coating 

processes in the Commonwealth of 

Pennsylvania. 

Regulation, section 129.51(a), entitled 

‘‘Equivalency’’ includes large appliance 

and metal furniture surface coating 

processes and provides an alternative 

method for owners and operators of 

facilities to achieve compliance with air 

emission limits. Regulation, section 

129.52, entitled ‘‘Surface coating 

processes’’ specifies the requirements 

and emission limits for various surface 

coating processes. Section 129.52 also 

establishes that the requirements and 

limits for metal furniture coatings and 

large appliance coatings already 

specified in this section are superseded 

by the requirements and limits in 

section 129.52(a) (relating to control of 

VOC emissions from large appliance 

and metal furniture surface coating 

processes). New regulation, section 

129.52(a), entitled ‘‘Control of VOC 

emissions from large appliance and 

metal furniture surface coating 

processes’’ establishes the following 

emissions limits of VOCs for large 


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appliance and metal surface coatings 

shown in Tables 1 and 2. 

TABLE 1—EMISSION LIMITS OF VOCS FOR LARGE APPLIANCE SURFACE COATINGS

[Weight of VOC per volume of coating solids, as applied] 

Coating type 

Baked Air dried 

Kilograms 

per liter 

(kg/l) 

Pounds per 

gallon 

(lb/gal) 

kg/l lb/gal 

General, One Component ............................................................................................... 0.40 3.34 0.40 3.34 

General, Multi-Component ............................................................................................... 0.40 3.34 0.55 4.62 

Extreme High Gloss ......................................................................................................... 0.55 4.62 0.55 4.62 

Extreme Performance ...................................................................................................... 0.55 4.62 0.55 4.62 

Heat Resistant ................................................................................................................. 0.55 4.62 0.55 4.62 

Metallic ............................................................................................................................. 0.55 4.62 0.55 4.62 

Pretreatment .................................................................................................................... 0.55 4.62 0.55 4.62 

Solar Absorbent ............................................................................................................... 0.55 4.62 0.55 4.62 

TABLE 2—EMISSION LIMITS OF VOCS FOR METAL FURNITURE SURFACE COATINGS

[Weight of VOC per volume of coating solids, as applied] 

Coating type 

Baked Air dried 

kg/l lb/gal kg/l lb/gal 

General, One Component ............................................................................................... 0.40 3.34 0.40 3.34 

General, Multi-Component ............................................................................................... 0.40 3.34 0.55 4.62 

Extreme High Gloss ......................................................................................................... 0.61 5.06 0.55 4.62 

Extreme Performance ...................................................................................................... 0.61 5.06 0.61 5.06 

Heat Resistant ................................................................................................................. 0.61 5.06 0.61 5.06 

Metallic ............................................................................................................................. 0.61 5.06 0.61 5.06 

Pretreatment .................................................................................................................... 0.61 5.06 0.61 5.06 

Solar Absorbent ............................................................................................................... 0.61 5.06 0.61 5.06 

The emission limits in Tables 1 and 

2 provide consistency in the number of 

significant digits. The emission limit of 

3.3 lb/gal was revised to 3.34 lb/gal in 

the Baked—‘‘General, One Component’’ 

and ‘‘General, Multi-Component’’ and in 

the Air Dried—‘‘General, One 

Component’’ coatings. The 4.62 lb/gal 

emission limit in the Air Dried— 

‘‘General, Multi-Component’’ and 

‘‘Extreme High Gloss’’ coatings provides 

consistency with the limit in section 

129.52. Although the 4.62 lb/gal 

emission limit is greater than the 4.5 lb/ 

gal emission limit recommended in the 

CTGs, the difference is due to different 

methodologies used for rounding during 

the conversion from metric units to 

English units. However, the emission 

reduction that will be achieved is 

equivalent. Further details of Tables 1 

and 2 can be found in a Technical 

Support Document (TSD) prepared for 

this rulemaking. Additionally, the 

regulation establishes applicability, 

limitations, exempt solvents, 

application techniques, and work 

practices. 

III. Final Action 

Pennsylvania’s October 1, 2010 SIP 

revision meets the CAA requirement to 

include RACT for sources covered by 

the EPA CTGs for the large appliance 

and metal furniture coating processes. 

Therefore, EPA is approving the 

Pennsylvania SIP revision for adoption 

of the CTG standards for large appliance 

and metal furniture coating processes. 

EPA is publishing this rule without 

prior proposal because EPA views this 

as a noncontroversial amendment and 

anticipates no adverse comment. 

However, in the Proposed Rules section 

of today’s Federal Register, EPA is 

publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

October 24, 2011 without further notice 

unless EPA receives adverse comment 

by September 23, 2011. If EPA receives 

adverse comment, EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 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.); 


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52870 Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Rules and Regulations 

• 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, this rule 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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 24, 2011. 

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 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 

pertaining to Pennsylvania’s adoption of 

the CTG standards for large appliance 

and metal furniture coating processes 

may not be challenged later in 

proceedings to enforce its requirements. 

(See CAA section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 3, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(c)(1) is amended by revising the entries 

for Sections 129.51 and 129.52, and 

adding an entry for Section 129.52a. The 

amendments read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 

State citation Title/subject 

State 

effective 

date 

EPA approval date 

Additional 

explanation 

§ 52.2063 citation 

Title 25—Environmental Protection 

Article III—Air Resources 

* * * * * * * 

Chapter 129—Standards for Sources 

* * * * * * * 

Sources of VOCs 

* * * * * * * 

Section 129.51 ......................... General ................................... 12/18/10 8/24/2011 [Insert page number where the document begins].Paragraph 129.51(a) is 

amended. The State effective date is 9/11/10. 

Section 129.52 ......................... Surface coating processes ..... 11/20/10 8/24/2011 [Insert page number where the document begins].Paragraph 129.52(i) is added. 

The State effective date is 

9/11/10. 

Section 129.52a ....................... Control of VOC emissions 

from large appliance and 

metal furniture surface coating processes.

9/11/10 8/24/2011 [Insert page number where the document begins].New section is added. 

* * * * * * * 


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* * * * * 

[FR Doc. 2011–21362 Filed 8–23–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0087; FRL–8884–6] 

Pseudomonas fluorescens Strain 

CL145A; Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of Pseudomonas 

fluorescens strain CL145A in or on all 

food commodities when applied as a 

molluscicide. Marrone Bio Innovations, 

Inc. (formerly Marrone Organic 

Innovations, Inc.) submitted a petition 

to EPA under the Federal Food, Drug, 

and Cosmetic Act (FFDCA) requesting 

an exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of 

Pseudomonas fluorescens strain 

CL145A under the FFDCA. 

DATES: This regulation is effective 

August 24, 2011. Objections and 

requests for hearings must be received 

on or before October 24, 2011, 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: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0087. All documents in the 

docket are listed in the docket index 

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

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The Docket 

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

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: Ann 

Sibold, Biopesticides and Pollution 

Prevention Division (7511P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 305– 

6502; e-mail address: 

sibold.ann@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, pesticide 

manufacturer, hydroelectric power 

facility operator or water supply system 

operator. 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). 

• Hydroelectric power generation 

(NAICS code 221111). 

• Water supply and irrigation systems 

(NAICS code 221310). 

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. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http:// 

ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. To access the harmonized 

test guidelines referenced in this 

document electronically, please go to 

http://www.epa.gov/ocspp and select 

‘‘Test Methods and Guidelines.’’ 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 

21 U.S.C. 346a(g), any person may file 

an objection to any aspect of this 

regulation and may also request a 

hearing on those objections. You must 

file your objection or request a hearing 

on this regulation in accordance with 

the instructions provided in 40 CFR part 

178. To ensure proper receipt by EPA, 

you must identify docket ID number 

EPA–HQ–OPP–2009–0087 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 October 24, 2011. 

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 that does not 

contain any 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 a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2009–0087, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: OPP Regulatory Public Docket 

(7502P), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Background and Statutory Findings 

In the Federal Register of March 16, 

2009 (74 FR 11100) (FRL–8405–1), EPA 

issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide tolerance petition (PP 9F7511) 

by Marrone Bio Innovations, Inc. 

(formerly Marrone Organic Innovations, 

Inc.), 2121 Second Street, Suite B–107, 

Davis, CA 95618. The petition requested 

that 40 CFR part 180 be amended by 

establishing an exemption from the 

requirement of a tolerance for residues 

of Pseudomonas fluorescens strain 

CL145A in or on all food commodities 

when applied as a molluscicide. This 

notice referenced a summary of the 

petition prepared by the petitioner, 


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