45492 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Rules and Regulations 

1EPA is clarifying through today’s final 

rulemaking that South Carolina’s April 13, 2012, 

SIP revision proposed that existing State statute 

meet the requirements of 128. 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbor, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 2. Add § 165.T09–0491 to read as 

follows: 

§ 165.T09–0491 Safety zone; Barrel 

recover, Lake Superior, Duluth, MN. 

(a) Location. The following area is a 

temporary safety zone: All waters of 

Lake Superior within a 700 foot radius 

of a Tug Champion (O.N. 55 6Z93)/ 

Barge Kokosing (O.N. 1144055), 

including but not limited to up to four 

miles offshore from approximately 

Brighton Beach to Stoney Point on Lake 

Superior, Duluth, MN. 

(b) Effective and enforcement period. 

This rule will be in effect and enforced 

24 hours a day on or around July 30, 

2012 to August 20, 2012. 

(c) Regulations. (1) In accordance with 

the general regulations in section 

165.23, entry into, transiting or 

anchoring within the safety zone is 

prohibited unless authorized by the 

Captain of the Port, Marine Safety Unit 

Duluth, or his/her designated 

representative. 

(2) This safety zone is closed to all 

vessel traffic. 

Dated: July 19, 2012. 

K.R. Bryan, 

Commander, U.S. Coast Guard, Captain of 

the Port, Marine Safety Unit Duluth. 

[FR Doc. 2012–18717 Filed 7–31–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0402; FRL9705–8 

Approval and Promulgation of 

Implementation Plans; South Carolina 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the State Implementation Plan 

(SIP) submissions, submitted by the 

State of South Carolina, through the 

South Carolina Department of Health 

and Environmental Control (SC DHEC), 

as demonstrating that the State meets 

the SIP requirements of sections 

110(a)(1) and (2) of the Clean Air Act 

(CAA or the Act) for the 1997 annual 

and 2006 24-hour fine particulate matter 

(PM2.5) national ambient air quality 

standards (NAAQS). Section 110(a) of 

the CAA requires that each state adopt 

and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by the EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. South Carolina 

certified that the South Carolina SIP 

contains provisions that ensure the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

are implemented, enforced, and 

maintained in South Carolina (hereafter 

referred to as ‘‘infrastructure 

submission’’). South Carolina’s 

infrastructure submissions, provided to 

EPA on March 14, 2008, and September 

18, 2009, certification submissions (as 

clarified in a letter on November 9, 

2009), and the State’s April 3, 2012, SIP 

revision address all the required 

infrastructure elements for the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

DATES: Effective Date: This rule will be 

effective August 31, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0238. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 a.m. excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. On 

July 18, 1997 (62 FR 36852), EPA 

promulgated a new annual PM2.5

NAAQS and on October 17, 2006 (71 FR 

61144), EPA promulgated a new 24-hour 

NAAQS. On June 6, 2012, EPA 

proposed in two separate actions to 

approve South Carolina’s March 14, 

2008, September 18, 2009, and April 3, 

2012, infrastructure submissions for the 

1997 annual and 2006 24-hour PM2.5

NAAQS. See 77 FR 33372 and 77 FR 

33380. The March 14, 2008 and 

September 18, 2009, infrastructure 

submission for the 1997 annual and 

2006 24-hour PM2.5 NAAQS addressed 

elements 110(a)(2)(A)–(H), (J)–(M), 

except for sections 110(a)(2)(C)—the 

nonattainment area requirements; 

110(a)(2)(D)(i)—the interstate transport 

requirements; 110(a)(2)(E)(ii)—board 

requirements; 1 and 110(a)(2)(G)— 


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Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Rules and Regulations 45493 

2Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather are due at the time 

the nonattainment area plan requirements are due 

pursuant to section 172. These requirements are: (1) 

Submissions required by section 110(a)(2)(C) to the 

extent that subsection refers to a permit program as 

required in part D Title I of the CAA, and (2) 

submissions required by section 110(a)(2)(I) which 

pertain to the nonattainment planning requirements 

of part D, Title I of the CAA. Today’s final 

rulemaking does not address infrastructure 

elements related to section 110(a)(2)(I) but does 

provide detail on how South Carolina’s SIP 

addresses 110(a)(2)(C). 

3This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

4Today’s final rule does not address element 

110(a)(2)(D)(i) (Interstate Transport) for the 1997 

and 2006 PM2.5 NAAQS. Interstate transport 

requirements were formerly addressed by South 

Carolina consistent with the Clean Air Interstate 

Rule (CAIR). On December 23, 2008, CAIR was 

remanded by the D.C. Circuit Court of Appeals, 

without vacatur, back to EPA. See North Carolina 

v. EPA, 531 F.3d 896 (D.C. Cir. 2008). Prior to this 

remand, EPA took final action to approve South 

Carolina’s SIP revision, which was submitted to 

comply with CAIR. See 72 FR 57209 (October 9, 

2007). In so doing, South Carolina’s CAIR SIP 

revision addressed the interstate transport 

provisions in Section 110(a)(2)(D)(i) for the 1997 

PM2.5 NAAQS. Concerning the 2006 p.m.2.5

NAAQS, EPA has finalized a new rule to address 

the interstate transport of NOX and SOX in the 

eastern United States. See 76 FR 48208 (August 8, 

2011) (‘‘the Transport Rule’’). EPA’s action on 

element 110(a)(2)(D)(i) will be addressed in a 

separate action. 

5This requirement was inadvertently omitted 

from EPA’s October 2, 2007, memorandum entitled 

‘‘Guidance on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 8-Hour Ozone 

and PM2.5 National Ambient Air Quality 

Standards,’’ but as mentioned above is not relevant 

to today’s final rulemaking. 

emergency powers. See EPA’s June 6, 

2012, proposed rulemakings at 77 FR 

33372 for more detail. The April 3, 

2012, SIP revision addressed elements 

110(a)(2)(E)(ii) and 110(a)(2)(G). See 

EPA’s June 6, 2012, proposed 

rulemakings at 77 FR 33380 for more 

detail. A summary of the background for 

today’s final action is provided below. 

Section 110(a) of the CAA requires 

states to submit SIPs to provide for the 

implementation, maintenance, and 

enforcement of a new or revised 

NAAQS within three years following 

the promulgation of such NAAQS, or 

within such shorter period as EPA may 

prescribe. Section 110(a) imposes the 

obligation upon states to make a SIP 

submission to EPA for a new or revised 

NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. The data 

and analytical tools available at the time 

the state develops and submits the SIP 

for a new or revised NAAQS affects the 

content of the submission. The contents 

of such SIP submissions may also vary 

depending upon what provisions the 

state’s existing SIP already contains. In 

the case of the 1997 annual and 2006 

24-hour PM2.5 NAAQS, states typically 

have met the basic program elements 

required in section 110(a)(2) through 

earlier SIP submissions in connection 

with previous PM NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. As 

already mentioned, these requirements 

include SIP infrastructure elements 

such as modeling, monitoring, and 

emissions inventories that are designed 

to assure attainment and maintenance of 

the NAAQS. The requirements that are 

the subject of this final rulemaking are 

listed below 2 and in EPA’s October 2, 

2007, memorandum entitled ‘‘Guidance 

on SIP Elements Required Under 

Section 110(a)(1) and (2) for the 1997 

8–Hour Ozone and PM2.5 National 

Ambient Air Quality Standards.’’ 

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 

• 110(a)(2)(C): Program for 

enforcement of control measures.3

• 110(a)(2)(D): Interstate transport.4

• 110(a)(2)(E): Adequate resources. 

• 110(a)(2)(F): Stationary source 

monitoring system. 

• 110(a)(2)(G): Emergency power. 

• 110(a)(2)(H): Future SIP revisions. 

• 110(a)(2)(I): Areas designated 

nonattainment and meet the applicable 

requirements of part D.5

• 110(a)(2)(J): Consultation with 

government officials; public 

notification; and PSD and visibility 

protection. 

• 110(a)(2)(K): Air quality modeling/ 

data. 

• 110(a)(2)(L): Permitting fees. 

• 110(a)(2)(M): Consultation/ 

participation by affected local entities. 

II. This Action 

EPA is taking final action to approve 

South Carolina’s infrastructure 

submissions as demonstrating that the 

State meets the applicable requirements 

of sections 110(a)(1) and (2) of the CAA 

for the 1997 annual and 2006 24-hour 

PM2.5 NAAQS. Section 110(a) of the 

CAA requires that each state adopt and 

submit a SIP for the implementation, 

maintenance, and enforcement of each 

NAAQS promulgated by the EPA, which 

is commonly referred to as an 

‘‘infrastructure’’ SIP. South Carolina 

certified that the South Carolina SIP 

contains provisions that ensure the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

are implemented, enforced, and 

maintained in South Carolina. 

EPA received no adverse comments 

on its June 6, 2012, proposed approval 

of South Carolina’s March 14, 2008, 

September 18, 2009, and April 3, 2012, 

infrastructure submissions. 

Additionally, on June 23, 2012, EPA 

published a final rulemaking action 

approving revisions to South Carolina’s 

New Source Review (NSR) requirements 

relating to the PM2.5 standard. See 76 FR 

36875. EPA is not taking action today on 

South Carolina’s NSR program, as these 

requirements are already approved in 

South Carolina’s SIP. 

South Carolina’s infrastructure 

submissions, provided to EPA on March 

14, 2008, and September 18, 2009, as 

certification submissions (as clarified in 

a letter on November 9, 2009), and the 

State’s April 3, 2012, SIP revision 

addressed all the required infrastructure 

elements for the 1997 annual and 2006 

24-hour PM2.5 NAAQS. EPA has 

determined that South Carolina’s March 

14, 2008, September 18, 2009, and April 

3, 2012, submissions are consistent with 

section 110 of the CAA. 

III. Final Action 

As already described, SC DHEC has 

addressed the elements of the CAA 

110(a)(1) and (2) SIP requirements 

pursuant to EPA’s October 2, 2007, 

guidance to ensure that 1997 annual and 

2006 24-hour PM2.5 NAAQS are 

implemented, enforced, and maintained 

in the State. EPA is taking final action 

to approve South Carolina’s March 14, 

2008, September 18, 2009, and April 3, 

2012, submissions for 1997 annual and 

2006 24-hour PM2.5 NAAQS because 

these submissions are consistent with 

section 110 of the CAA. Today’s action 

is not approving any specific rule, but 

rather making a determination that 

South Carolina’s already approved SIP 

meets certain CAA requirements. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 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 


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45494 Federal Register / Vol. 77, No. 148 / Wednesday, August 1, 2012 / Rules and Regulations 

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 (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). 

EPA has determined that this final 

rule does not have tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

there are no ‘‘substantial direct effects’’ 

on an Indian Tribe as a result of this 

action. The Catawba Indian Nation 

Reservation is located within the South 

Carolina portion of the bi-state Charlotte 

nonattainment area. Pursuant to the 

Catawba Indian Claims Settlement Act, 

S.C. Code Ann. 27–16–120, ‘‘all state 

and local environmental laws and 

regulations apply to the Catawba Indian 

Nation and Reservation and are fully 

enforceable by all relevant state and 

local agencies and authorities.’’ Thus, 

the South Carolina SIP applies to the 

Catawba Reservation. EPA has also 

preliminarily determined that these 

revisions will not impose any 

substantial direct costs on tribal 

governments or preempt tribal law. 

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 October 1, 2012. 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. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: July 16, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

Therefore, 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 PP—South Carolina 

■ 2. Amend § 52.2120 in paragraph (e) 

by adding three new entries for 

‘‘110(a)(1) and (2) Infrastructure 

Requirements for the 1997 Fine 

Particulate Matter National Ambient Air 

Quality Standards,’’ ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards,’’ and 

‘‘110(a)(1) and (2) Infrastructure 

Requirements for 1997 and 2006 Fine 

Particulate Matter National Ambient Air 

Quality Standards Elements 110(a)(1) 

and (2) (E)(ii) and (G)’’ at the end of the 

table to read as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for 

1997 Fine Particulate Matter National Ambient Air 

Quality Standards.

4/14/2008 8/1/2012 [Insert citation of publication].

110(a)(1) and (2) Infrastructure Requirements for 

2006 Fine Particulate Matter National Ambient Air 

Quality Standards.

9/18/2009 8/1/2012 [Insert citation of publication].

110(a)(1) and (2) Infrastructure Requirements for 

1997 and 2006 Fine Particulate Matter National 

Ambient Air Quality Standards Elements 110(a)(1) 

and (2) (E)(ii) and (G).

4/3/2012 8/1/2012 [Insert citation of publication].


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[FR Doc. 2012–18519 Filed 7–31–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0031; FRL–9352–6] 

2-Methyl-1,3-propanediol; 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 2-methyl-1,3- 

propanediol (CAS Reg. No. 2163–42–0) 

when used as an inert ingredient 

component of food contact sanitizing 

solutions applied to all food contact 

surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils. 

Lyondell Chemical Company submitted 

a petition to EPA under the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

requesting establishment of an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of 2- 

methyl-1,3-propanediol. 

DATES: This regulation is effective 

August 1, 2012. Objections and requests 

for hearings must be received on or 

before October 1, 2012, 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–2012–0031, is 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the OPP Docket in the 

Environmental Protection Agency 

Docket Center (EPA/DC), located in EPA 

West, 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: 

David Lieu, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–0079; email address: 

lieu.david@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. 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. 

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–2012–0031 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 1, 2012. 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–2012–0031, 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. 

II. Petition for Exemption 

In the Federal Register of May 2, 2012 

(77 FR 25954) (FRL–9346–1), EPA 

issued a notice pursuant to FFDCA 

section 408, 21 U.S.C. 346a, announcing 

the filing of a pesticide petition (PP 

1E7946) by Lyondell Chemical 

Company, 1221 McKinney Street, 

Houston, Texas 77010. The petition 

requested that 40 CFR 180.940(a) be 

amended by establishing an exemption 

from the requirement of a tolerance for 

residues of 2-methyl-1,3-propanediol 

(CAS Reg. No. 2163–42–0) when used as 

a component of food contact sanitizing 

solutions applied to all food contact 

surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils. That 

notice referenced a summary of the 

petition prepared by Lyondell Chemical 

Company, the petitioner, which is 

available in the docket, http:// 

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

III. Inert Ingredient Definition 

Inert ingredients are all ingredients 

that are not active ingredients as defined 

in 40 CFR 153.125 and include, but are 

not limited to, the following types of 


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