Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Rules and Regulations 60307 

this section who are surviving on the 

date of the decedent’s death in the 

following order of precedence: 

(A) To the next eligible beneficiary 

designated by the decedent in a writing 

received by the appropriate office of the 

applicable uniformed service before the 

decedent’s death in the uniformed 

services in the case of Servicemembers’ 

Group Life Insurance proceeds or a 

Servicemembers’ Group Life Insurance 

Traumatic Injury Protection benefit, or 

in a writing received by the 

administrative office defined in § 9.1(b) 

of this part before the decedent’s death 

in the case of Veterans’ Group Life 

Insurance proceeds; 

(B) To the decedent’s widow or 

widower; 

(C) To the decedent’s child or 

children, in equal shares, and 

descendants of deceased children by 

representation; 

(D) To the decedent’s parents, in 

equal shares, or to the survivor of them; 

(E) To the duly appointed executor or 

administrator of the decedent’s estate; 

(F) To other next of kin of the 

decedent as determined by the insurer 

(defined in § 9.1(c) of this part) under 

the laws of the domicile of the decedent 

at the time of the decedent’s death. 

(ii) Payment of Servicemembers’ 

Group Life Insurance or Veterans’ Group 

Life Insurance proceeds or a 

Servicemembers’ Group Life Insurance 

Traumatic Injury Protection benefit to 

any person under paragraph (e)(4)(i) of 

this section shall bar recovery of those 

proceeds or that benefit by any other 

person. 

* * * * * 

[FR Doc. 2012–24391 Filed 10–2–12; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–1014; FRL–9734–4] 

Approval and Promulgation of 

Implementation Plans; Kentucky 

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 in part, and conditionally 

approve in part, the State 

Implementation Plan (SIP) revisions, 

submitted by the Commonwealth of 

Kentucky through the Kentucky Energy 

and Environment Cabinet, Division for 

Air Quality (DAQ), as demonstrating 

that the Commonwealth meets certain 

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 EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. The 

Commonwealth certified that the 

Kentucky SIP contains provisions that 

ensure the 1997 annual and 2006 24- 

hour PM2.5 NAAQS are implemented, 

enforced, and maintained in the 

Commonwealth (hereafter referred to as 

‘‘infrastructure submission’’). With the 

exception of elements 110(a)(2)(C), 

110(a)(2)(D)(i), 110(a)(2)(E)(ii) and 

110(a)(2)(J), EPA is today finalizing its 

determination that Kentucky’s 

infrastructure submissions, provided to 

EPA on August 26, 2008, and July 17, 

2012, addressed all the required 

infrastructure elements for the 1997 

annual and 2006 24-hour PM2 NAAQS. 

In addition, EPA is today taking final 

action to approve Kentucky’s July 17, 

2012, submittal addressing the 

requirements of section 128 of the CAA. 

Final approval of these substantive 

revisions to the Kentucky SIP also 

enables EPA to take final action today 

approving the Commonwealth’s 

infrastructure SIP as meeting the state 

board requirements of section 

110(a)(2)(E)(ii). Lastly, EPA is taking 

final action to conditionally approve 

elements 110(a)(2)(C) and (J) of 

Kentucky’s 1997 annual and 2006 24- 

hour PM2.5 NAAQS infrastructure SIP. 

DATES: This rule is effective November 

2, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2010–1014. 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 to 4:30 

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 38652), EPA 

promulgated a new annual PM2.5

NAAQS and on October 17, 2006 (71 FR 

61144), EPA promulgated a new 24-hour 

NAAQS. On August 3, 2012, EPA 

proposed to approve in part, and 

conditionally approve in part, 

Kentucky’s August 26, 2008, and July 

17, 2012, infrastructure submissions for 

the 1997 annual and 2006 24-hour PM2.5

NAAQS. See 77 FR 46352. A summary 

of the background for today’s final 

action is provided below. See EPA’s 

August 3, 2012, proposed rulemaking at 

77 FR 46352 for more detail. 

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 


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60308 Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Rules and Regulations 

1Two 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) or the 

nonattainment plan requirements of section 

110(a)(2)(C). 

2This rulemaking only addresses requirements 

for this element as they relate to attainment areas. 

3Today’s final rule does not address element 

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

and 2006 PM2.5 NAAQS. 

4This 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. 

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 1 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’’ and 

September 25, 2009, memorandum 

entitled ‘‘Guidance on SIP Elements 

Required Under Section 110(a)(1) and 

(2) for the 2006 24-Hour Fine Particle 

(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.2

• 110(a)(2)(D): Interstate transport.3

• 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.4

• 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 

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. The 

Commonwealth certified that the 

Kentucky SIP contains provisions that 

ensure the 1997 annual and 2006 24- 

hour PM2.5 NAAQS are implemented, 

enforced, and maintained in the 

Commonwealth. 

Today, EPA is taking final action on 

three actions related to Kentucky’s 

section 110(a) obligations associated 

with the 1997 annual and 2006 24-hour 

PM2.5 NAAQS. First, EPA has 

determined that, as described in its 

infrastructure submissions, Kentucky’s 

SIP meets the section 110(a)(2) 

infrastructure requirements for both the 

1997 annual and 2006 24-hour PM2.5

NAAQS with the exception of elements 

110(a)(2)(C) respecting prevention of 

significant deterioration (PSD) 

requirements, 110(a)(2)(D)(i) regarding 

interstate transport, and 110(a)(2)(J) 

respecting PSD requirements. Second, 

EPA is approving Kentucky’s July 17, 

2012, submission requesting approval of 

Kentucky Revised Statutes (KRS) 

Chapters 11A.020, 11A.030, 11A.040, 

224.10–020 and 224.10–100 into the SIP 

to address element 110(a)(2)(E)(ii), 

related to state board requirements. 

Third, with respect to elements 

110(a)(2)(C) and 110(a)(2)(J) as they both 

relate to PSD requirements, EPA is 

finalizing a conditional approval for 

these elements. On July 3, 2012, the 

Commonwealth submitted a 

commitment letter to EPA requesting 

conditional approval of outstanding 

requirements related to sections 

110(a)(2)(C) and 110(a)(2)(J). In this 

letter, Kentucky provided a schedule on 

how the Commonwealth will address 

outstanding requirements promulgated 

in the New Source Review (NSR) PM2.5

Rule related to the PM2.5 standard for 

their PSD program and committing to 

providing the necessary SIP revision to 

address these NSR PM2.5 Rule 

requirements. This letter of commitment 

meets the requirements of section 

110(k)(4) of the CAA. See EPA’s August 

3, 2012, proposed rulemaking at 77 FR 

46352 for more detail. If the 

Commonwealth fails to submit these 

revisions by October 3, 2013, today’s 

conditional approval will automatically 

become a disapproval on that date and 

EPA will issue a finding of disapproval. 

EPA is not required to propose the 

finding of disapproval. If the 

conditional approval is converted to a 

disapproval, the final disapproval 

triggers the Federal Implementation 

Plan requirement under section 110(c). 

However, if the State meets its 

commitment within the applicable 

timeframe, the conditionally approved 

submission will remain a part of the SIP 

until EPA takes final action approving 

or disapproving the new submittal. 

Kentucky’s infrastructure 

submissions, provided to EPA on 

August 26, 2008, and July 17, 2012, and 

the July 3, 2012, letter of commitment 

address all the required infrastructure 

elements for the 1997 annual and 2006 

24-hour PM2.5 NAAQS with the 

exception of element 110(a)(D)(i). For 

those infrastructure elements for which 

EPA is today finalize approval, the 

Agency has determined that the 

Commonwealth’s August 26, 2008, and 

July 17, 2012, submissions are 

consistent with section 110 of the CAA. 

EPA received one off-topic comment 

on its August 3, 2012, proposed 

rulemaking to approve Kentucky’s 

August 26, 2008, and July 17, 2012, 

infrastructure submissions as meeting 

the requirements of sections 110(a)(1) 

and (2) of the CAA for the 1997 annual 

and 2006 24-hour PM2.5 NAAQS. 

The comment was focused on the 

promulgation of the particulate matter 

NAAQS, and not the current rulemaking 

action. The Commenter stated that EPA 

PM2.5 standard forces expensive 

mandates on states and industry and the 

designation process places a strain on 

local resources and discourages 

economic growth and EPA should 

withdraw the PM2.5 standard. Also, the 

Commenter stated that EPA should 

consider public interest prior to entering 

into consent decrees. 

This comment does not appear to be 

related to the issues presented in the 

proposed rulemaking—and instead, 

related to a wholly separate topic, 

promulgation of the PM NAAQS. The 

Commenter did not provide comments 


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Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Rules and Regulations 60309 

relevant to EPA’s August 3, 2012, 

proposed approval of Kentucky’s 

infrastructure submissions for the 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

Instead, the Commenter appears to be 

providing comment on EPA’s 

promulgation of PM NAAQS. 

Promulgations of NAAQS involve 

public comment opportunities and that 

would be the time to raise concerns 

specific to a particular NAAQS. 

Additionally, with regard to 

Commenter’s general statement about 

consent decrees, although it is not clear 

to which specific consent decree 

commenter is referring, the CAA does 

provide for opportunities for public 

input regarding certain consent decrees. 

EPA does not interpret these 

comments as relevant to the topic of 

EPA’s proposed action on August 3, 

2012, which is proposed approval, in 

part, and conditional approval, in part, 

of Kentucky’s infrastructure 

submissions for the existing 1997 

annual and 2006 24-hour PM2.5 NAAQS. 

Instead, EPA interprets these comments 

to be off-topic and outside of the scope 

of today’s final rulemaking. 

Kentucky’s infrastructure 

submissions, provided to EPA on 

August 26, 2008, and July 17, 2012, and 

the July 3, 2012, letter of commitment 

address all the required infrastructure 

elements for the 1997 annual and 2006 

24-hour PM2.5 NAAQS with the 

exception of element 110(a)(D)(i). For 

those infrastructure elements for which 

EPA is today finalize approval, the 

Agency has determined that the 

Commonwealth’s August 26, 2008, and 

July 17, 2012, submissions are 

consistent with section 110 of the CAA. 

III. Final Action 

As already described, Kentucky 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 Commonwealth with the 

exception of the elements noted above. 

EPA is taking final action to approve in 

part, and conditionally approve in part, 

Kentucky’s August 26, 2008, and July 

17, 2012, submissions for 1997 annual 

and 2006 24-hour PM2.5 NAAQS 

because these submissions are 

consistent with section 110 of the CAA. 

These actions are not approving any 

specific rule, but rather making a 

determination that Kentucky’s already 

approved SIP meets certain CAA 

requirements. 

In addition, EPA is also taking final 

action to approve KRS Chapters 

11A.020, 11A.030, 11A.040, 224.020 

and 224.10–100 in the SIP. 

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 Commonwealth 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.); 

• 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, and EPA notes that it will not 

impose 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 December 3, 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, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 13, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

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 S—Kentucky 

■ 2. Section 52.919 is revised to read as 

follows: 

§ 52.919 Identification of plan-conditional 

approval. 

Kentucky submitted a letter to EPA on 

July 3, 2012, which includes a 

commitment to address the State 

Implementation Plan deficiencies 


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60310 Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Rules and Regulations 

regarding requirements of Clean Air Act 

sections 110(a)(2)(C) and 110(a)(2)(J) as 

they both relate to Prevention of 

Significant Deterioration (PSD) 

infrastructure requirements for the 1997 

annual and 2006 24-hour fine 

particulate matter (PM2.5) national 

ambient air quality standards. EPA is 

conditionally approving Kentucky’s 

schedule to address outstanding 

requirements promulgated in the New 

Source Review (NSR) PM2.5 Rule related 

to the PM2.5 standard for their PSD 

program and committing to providing 

the necessary SIP revision to address 

these NSR PM2.5 Rule requirements. If 

the Commonwealth fails to submit these 

revisions by October 3, 2013, the 

conditional approval will automatically 

become a disapproval on that date and 

EPA will issue a finding of disapproval. 

■ 3. Section 52.920 is amended by: 

■ a. In paragraph (c), adding in 

numerical order a new entry for 

‘‘Kentucky Revised Statutes (KRS)’’ at 

the end of the table 1 to read as follows: 

■ b. In paragraph (e), adding two new 

entries for ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 1997 

Fine Particulate Matter National 

Ambient Air Quality Standards’’ and 

‘‘110(a)(1) and (2) Infrastructure 

Requirements for the 2006 Fine 

Particulate Matter National Ambient Air 

Quality Standards’’ at the end of the 

table to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

Kentucky Revised Statutes (KRS) 

KRS Chapter 11A.020 ............ Public servant prohibited from 

certain conduct-ExceptionDisclosure of personal or 

private interest.

7/15/1998 10/3/2012 [Insert citation of 

publication].

KRS Chapter 11A.030 ............ Considerations in determination to abstain from action 

on official decision-Advisory 

opinion.

7/14/1992 10/3/2012 [Insert citation of 

publication].

KRS Chapter 11A.040 ............ Acts prohibited for public 

servant or officer-exception.

7/16/2006 10/3/2012 [Insert citation of 

publication].

KRS Chapter 224.10–020 ...... Department within the cabinet-Offices and divisions 

within the departments-Appointments.

7/15/2010 10/3/2012 [Insert citation of 

publication].

KRS Chapter 224.10–100 ...... Powers and duties of cabinet 8/30/2007 10/3/2012 [Insert citation of 

publication].

* * * * * (e) * * * 

EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

Name of non-regulatory SIP 

provision 

Applicable geographic or nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanations 

*******

110(a)(1) and (2) Infrastructure Requirements for 1997 

Fine Particulate Matter National Ambient Air Quality 

Standards.

Kentucky ................................ 8/26/2008 10/3/2012 [Insert citation of 

publication].

With the exception of section 

110(a)(2)(D)(i), With respect to sections 

110(a)(2)(C) related to PSD 

requirements and 

110(a)(2)(J) related to PSD 

requirements, EPA conditionally approved these requirements. 

110(a)(1) and (2) Infrastructure Requirements for 2006 

Fine Particulate Matter National Ambient Air Quality 

Standards.

Kentucky ................................ 7/17/2012 10/3/2012 [Insert citation of 

publication].

With the exception of section 

110(a)(2)(D)(i), With respect to sections 

110(a)(2)(C) related to PSD 

requirements and 

110(a)(2)(J) related to PSD 

requirements, EPA conditionally approved these requirements. 


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Federal Register / Vol. 77, No. 192 / Wednesday, October 3, 2012 / Rules and Regulations 60311 

[FR Doc. 2012–23988 Filed 10–2–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0029; FRL–9362–5] 

Chlorantraniliprole; Pesticide 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of 

chlorantraniliprole in or on multiple 

commodities which are identified and 

discussed later in this document. E.I. 

DuPont de Nemours and Company, 

DuPont Crop Protection, requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

October 3, 2012. Objections and 

requests for hearings must be received 

on or before December 3, 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–2012–0029, 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), EPA West 

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: 

Jennifer Urbanski, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–0156; email address: 

urbanski.jennifer@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://ecfr.gpoaccess.gov/cgi/t/ 

text/text-idx?&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–2012–0029 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 December 3, 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 (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– 

2012–0029, 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), (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. Summary of Petitioned-For 

Tolerance 

In the Federal Register of April 4, 

2012 (77 FR 20344) (FRL–9340–4), 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 1F7954) by E.I. DuPont de 

Nemours and Company, DuPont Crop 

Protection, 1007 Market Street, 

Wilmington, DE 19898. The petition 

requested that 40 CFR 180.628 be 

amended by establishing tolerances for 

residues of the insecticide 

chlorantraniliprole,3-bromo-N-[4- 

chloro-2-methyl-6- 

[(methylamino)carbonyl]phenyl]-1-(3- 

chloro-2-pyridinyl)-1H-pyrazole-5- 

carboxamide, in or on oilseed, rapeseed 

subgroup 20A at 2.0 parts per million 

(ppm); oilseed, sunflower subgroup 20B 

at 2.0 ppm; oilseed, cottonseed 

subgroup 20C at 0.3 ppm; soybean 

aspirated grain fractions at 300 ppm; 

vegetable, legume, group 6 at 2.0 ppm; 

vegetable, foliage of legume, group 7 at 

30 ppm; and forage, vegetable, foliage of 

legume, group 7 at 90 ppm. That 

document referenced a summary of the 

petition prepared by E. I. DuPont de 

Nemours and Company, the registrant, 

which is available in the docket, 

http://www.regulations.gov. Comments 

were received on the notice of filing. 

EPA’s response to these comments is 

discussed in Unit IV.C. 

Based upon review of the data 

supporting the petition, EPA has revised 

the tolerance associated with aspirated 

grain fractions to 640 ppm. EPA is also 

increasing the existing tolerances in 

cattle, fat; goat, fat; horse, fat; and sheep, 

fat to 0.5 ppm. EPA has also increased 

the existing tolerances in cattle, meat; 

goat, meat; horse, meat; and sheep, meat 

to 0.1 ppm. The reason for these 

changes are explained in Unit IV.D. 


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