Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations 71455 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date Federal Register citation 

*******

1997 Annual PM2.5 Maintenance Plan for the Hickory, North Carolina Area 

(Catawba County).

12/18/09 11/18/11 [Insert citation of publication]. 

1997 Annual PM2.5 Maintenance Plan for the Hickory, North Carolina 

Area—MOVES Update.

12/22/10 11/18/11 [Insert citation of publication]. 

PART 81—[AMENDED] 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.334, the table entitled 

‘‘North Carolina—PM2.5 (Annual 

NAAQS)’’ is amended under ‘‘HickoryMorganton-Lenoir, NC’’ by revising the 

entry for ‘‘Catawba County’’ to read as 

follows: 

§ 81.334 North Carolina. 

* * * * * 

NORTH CAROLINA—PM2.5 (ANNUAL NAAQS) 

Designated area 

Designation a

Date 1 Type 

*******

Hickory-Morganton-Lenoir, NC: 

Catawba County ........................................................................ This action is effective 11/18/11 ............................................... Attainment. 

*******

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 

* * * * * 

[FR Doc. 2011–29769 Filed 11–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2009–1011–201159; FRL– 

9493–6] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; North Carolina: 

Redesignation of the GreensboroWinston-Salem-High Point 1997 

Annual Fine Particulate Matter 

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: EPA is taking final action to 

approve a request submitted on 

December 18, 2009, and supplemented 

on December 22, 2010, from the State of 

North Carolina, through the North 

Carolina Department of Environment 

and Natural Resources (NC DENR), 

Division of Air Quality (DAQ), to 

redesignate the Greensboro-WinstonSalem-High Point fine particulate matter 

(PM2.5) nonattainment area (hereafter 

the ‘‘Greensboro Area’’ or ‘‘Area’’) to 

attainment for the 1997 Annual PM2.5

National Ambient Air Quality Standards 

(NAAQS). The Greensboro Area is 

comprised of Davidson and Guilford 

Counties in their entireties. EPA’s 

approval of the redesignation request is 

based on the determination that the 

State of North Carolina has met the 

criteria for redesignation to attainment 

set forth in the Clean Air Act (CAA or 

Act), including the determination that 

the Greensboro Area has attained the 

1997 Annual PM2.5 NAAQS by its 

applicable attainment date of April 5, 

2010. Additionally, EPA is approving a 

revision to the North Carolina State 

Implementation Plan (SIP) to include 

the 1997 Annual PM2.5 maintenance 

plan for the Greensboro Area that 

contains the new 2011 and 2021 motor 

vehicle emission budgets (MVEBs) for 

nitrogen oxides (NOX) and PM2.5 for 

both Davidson and Guilford Counties. 

This action also approves the emissions 

inventory submitted with the 

maintenance plan. Further, EPA is 

correcting a typographical error for the 

citation associated with a previous 

adequacy finding the Agency made for 

the NOX and PM2.5 MVEBs for both 

Davidson and Guilford Counties. 

DATES: Effective Date: This rule will be 

effective December 19, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2009–1011. All documents in the docket 

are listed on the http://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 

http://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 


emcdonald on DSK5VPTVN1PROD with RULES
71456 Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations 

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

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Madolyn Dominy or Joel Huey, 

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. Madolyn 

Dominy may be reached by phone at 

(404) 562–9644 or via electronic mail at 

dominy.madolyn@epa.gov. Joel Huey 

may be reached by phone at (404) 562– 

9104 or via electronic mail at huey.joel@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for the actions? 

II. What are the actions EPA is taking? 

III. Why is EPA taking these actions? 

IV. What are the effects of these actions? 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. What is the background for the 

actions? 

On December 18, 2009, and 

supplemented on December 22, 2010, 

the State of North Carolina, through NC 

DENR, submitted a request to 

redesignate the Greensboro Area to 

attainment for the 1997 Annual PM2.5

NAAQS and for EPA approval of the 

North Carolina SIP revisions containing 

a maintenance plan for the Area. In an 

action published on September 26, 2011 

(76 FR 59345), EPA proposed approval 

of North Carolina’s plan for maintaining 

the 1997 Annual PM2.5 NAAQS, 

including the emissions inventory 

submitted pursuant to CAA section 

172(c)(3) and the NOX and PM2.5 MVEBs 

for Davidson and Guilford Counties in 

the Greensboro Area as contained in the 

maintenance plan. At that time, EPA 

also proposed to approve the 

redesignation of the Greensboro Area to 

attainment. Additional background for 

today’s action is set forth in EPA’s 

September 26, 2011, proposal. 

The MVEBs, specified in kilograms 

per year (kg/yr), included in the 

maintenance plan are as follows: 

TABLE 1—DAVIDSON COUNTY MVEBS

[kg/yr] 

Conformity 

MVEB 2011 2021 

NOX .................. 4,086,413 2,148,938 

PM2.5 ................. 153,313 153,313 

TABLE 2—GUILFORD COUNTY MVEBS

[kg/year] 

Conformity 

MVEB 2011 2021 

NOX .................. 11,133,605 6,309,650 

PM2.5 ................. 421,841 421,841 

In its September 26, 2011, proposed 

action, EPA noted that the adequacy 

public comment period on these MVEBs 

(as contained in North Carolina’s 

submittal) began on November 23, 2010, 

and closed on December 23, 2010. No 

comments were received during the 

public comment period. Thus, EPA 

deemed the new MVEBs for Davidson 

and Guilford Counties in the Greensboro 

Area adequate for the purposes of 

transportation conformity on May 2, 

2011 (76 FR 24474). 

As stated in the September 26, 2011, 

proposal, this redesignation addresses 

the Greensboro Area’s status solely with 

respect to the 1997 Annual PM2.5

NAAQS, for which designations were 

finalized on January 5, 2005 (70 FR 

944), and as supplemented on April 14, 

2005 (70 FR 19844). 

EPA reviewed PM2.5 monitoring data 

from ambient PM2.5 monitoring stations 

in the Greensboro Area for the PM2.5

seasons from 2007–2009. These data 

have been quality-assured and are 

recorded in Air Quality System (AQS). 

The annual arithmetic mean PM2.5

concentrations for 2006–2009 and the 

3-year averages of these values (i.e., 

design values) are summarized in Table 

3. EPA has reviewed more recent data 

which indicate that the Greensboro Area 

continues to attain the 1997 PM2.5

NAAQS. The design values for 2007– 

2009 and 2008–2010 are also included 

in Table 3 and demonstrate that the 

Greensboro Area continues to meet the 

PM2.5 NAAQS and that the ambient 

concentrations of PM2.5 are continuing 

to decrease in the Area. Preliminary 

monitoring data for the 2011 PM2.5

season indicate that the Area is 

continuing to attain the 1997 Annual 

PM2.5 NAAQS based on data from 2009– 

2011. These preliminary data are 

available in the docket for today’s action 

although they are not yet certified. 

TABLE 3—DESIGN VALUE CONCENTRATIONS FOR THE GREENSBORO 1997 ANNUAL PM2.5. NONATTAINMENT AREA (μg/m3) 

County Site name Monitor ID 

Annual average PM2.5 concentrations 

(μg/m3) 

2006 2007 2008 2009 2010 

Davidson .................... Lexington ................... 37–057–0002 15.13 14.64 13.61 10.61 12.1 

Guilford ....................... Mendenhall ................ 37–081–0013 14.5 13.14 11.41 9.31 10.4 

Guilford ....................... Colfax ........................ 37–035–0014 N/A N/A 12.32 9.63 10.5 

Three-year PM2.5 design values (μg/m3) 

2006–2008 2007–2009 2008–2010 

Davidson .................... Lexington ................... 37–057–0002 14.5 13.0 12.1 

Guilford ....................... Mendenhall ................ 37–081–0013 13.0 11.3 10.4 

Guilford ....................... Colfax ........................ 37–035–0014 N/A N/A 10.8 

II. What are the actions EPA is taking? 

In today’s rulemaking, EPA is 

approving: (1) North Carolina’s 

emissions inventory which was 

submitted pursuant to CAA section 

172(c)(3); (2) North Carolina’s 1997 

Annual PM2.5 maintenance plan (such 

approval being one of the CAA criteria 

for redesignation to attainment status) 

for the Greensboro Area, including 

MVEBs; and (3) North Carolina’s 

redesignation request to change the legal 

designation of the Greensboro Area from 

nonattainment to attainment for the 

1997 Annual PM2.5 NAAQS. The 

maintenance plan is designed to 

demonstrate that the Greensboro Area 

will continue to attain the 1997 Annual 

PM2.5 NAAQS through 2021. EPA’s 

approval of the redesignation request is 

based on EPA’s determination that the 

Greensboro Area meets the criteria for 

redesignation set forth in CAA, sections 

107(d)(3)(E) and 175A, including EPA’s 


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Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations 71457 

determination that the Greensboro Area 

has attained the 1997 Annual PM2.5

NAAQS. EPA’s analyses of North 

Carolina’s redesignation request, 

emissions inventory, and maintenance 

plan are described in detail in the 

September 26, 2011, proposed rule (76 

FR 59345). 

Consistent with the CAA, the 

maintenance plan that EPA is approving 

also includes 2011 and 2021 MVEBs for 

NOX and PM2.5 for Davidson and 

Guilford Counties in the Greensboro 

Area. In this action, EPA is approving 

these NOX and PM2.5 MVEBs for the 

purposes of transportation conformity. 

For required regional emissions analysis 

years beyond 2011 and prior to 2021, 

the applicable budgets will be the new 

2011 MVEBs. For required regional 

emissions analysis years that involve 

2021 or beyond, the applicable budgets 

will be the new 2021 MVEBs. 

EPA is also correcting an inadvertent 

typographical error for the citation (in 

EPA’s September 26, 2011, proposed 

rulemaking) associated with EPA’s 

adequacy finding for the NOX and PM2.5

MVEB for Davidson and Guilford 

Counties. In EPA’s September 26, 2011, 

proposed rulemaking, EPA provides the 

citation for the adequacy determination 

for the NOX and PM2.5 MVEBs as 76 FR 

24472 in the last paragraph of the 

section entitled ‘‘VIII. What Is the Status 

of EPA’s Adequacy Determination for 

the Proposed PM2.5 and NOX MVEBs for 

2011 and 2021 for the Greensboro 

Area?’’ and in the second to last 

paragraph in the section entitled ‘‘X. 

Proposed Actions on the Redesignation 

Request and Maintenance Plan SIP 

Revisions Including Approval of the 

PM2.5 and NOX MVEBs for 2011 and 

2021 for the Greensboro Area.’’ The 

correct citation is 76 FR 24474. Through 

this action, EPA is making this 

correction. 

III. Why is EPA taking these actions? 

EPA has determined that the 

Greensboro Area has attained the 1997 

Annual PM2.5 NAAQS and has also 

determined that all other criteria for the 

redesignation of the Greensboro Area 

from nonattainment to attainment of the 

1997 Annual PM2.5 NAAQS have been 

met. See CAA section 107(d)(3)(E). One 

of those requirements is that the 

Greensboro Area has an approved plan 

demonstrating maintenance of the 1997 

Annual PM2.5 NAAQS. EPA is also 

taking final action to approve the 

maintenance plan for the Greensboro 

Area as meeting the requirements of 

sections 175A and 107(d)(3)(E) of the 

CAA. In addition, EPA is approving the 

emissions inventory as meeting the 

requirements of section 172(c)(3) of the 

CAA. Finally, EPA is approving the new 

NOX and PM2.5 MVEBs for the years 

2011 and 2021 as contained in North 

Carolina’s maintenance plan for 

Davidson and Guilford Counties in the 

Greensboro Area because these MVEBs 

are consistent with maintenance of the 

1997 Annual PM2.5 standard in the 

Greensboro Area. The detailed rationale 

for EPA’s findings and actions are set 

forth in the proposed rulemaking and in 

other discussion in this final 

rulemaking. 

IV. What are the effects of these 

actions? 

Approval of the redesignation request 

changes the legal designation of 

Davidson and Guilford Counties in their 

entireties from nonattainment to 

attainment for the 1997 Annual PM2.5

NAAQS. EPA is modifying the 

regulatory table in 40 CFR 81.334 to 

reflect a designation of attainment for 

these full and partial counties. EPA is 

also approving, as a revision to the 

North Carolina SIP, North Carolina’s 

plan for maintaining the 1997 Annual 

PM2.5 NAAQS in the Greensboro Area 

through 2021. The maintenance plan 

includes contingency measures to 

remedy possible future violations of the 

1997 Annual PM2.5 NAAQS and 

establishes NOX and PM2.5 MVEBs for 

the years 2011 and 2021 for the 

Greensboro Area. Additionally, this 

action approves the emissions inventory 

for the Greensboro Area pursuant to 

section 172(c)(3) of the CAA. 

V. Final Action 

EPA is taking final action to approve 

the redesignation and change the legal 

designation of Davidson and Guilford 

Counties in their entireties from 

nonattainment to attainment for the 

1997 Annual PM2.5 NAAQS. EPA is also 

approving into the North Carolina SIP 

the 1997Annual PM2.5 maintenance 

plan for the Greensboro Area. For 

Davidson County, the maintenance plan 

includes the new MVEBs of 4,086,413 

kg/yr of NOX and 153,313 kg/yr of PM2.5

for 2011 and 2,148,938 kg/yr of NOX

and 153,313 kg/yr of PM2.5 for 2021. 

Further, for Guilford County, the 

maintenance plan includes the new 

MVEBs of 11,133,605 kg/yr of NOX and 

421,841 kg/yr of PM2.5 for 2011 and 

6,309,650 kg/yr of NOX and 421,841 kg/ 

yr of PM2.5 for 2021. 

Additionally, EPA is approving the 

2008 emissions inventory for the 

Greensboro Area pursuant to section 

172(c)(3) of the CAA. In a previous 

action, EPA found the new Greensboro 

Area MVEBs adequate for the purposes 

of transportation conformity (76 FR 

24474, May 2, 2011). Within 24 months 

from the effective date of EPA’s 

adequacy finding for the MVEBs, the 

transportation partners are required to 

demonstrate conformity to the new 

PM2.5 and NOX MVEBs pursuant to 40 

CFR 93.104(e). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of the 

maintenance plan under CAA section 

107(d)(3)(E) are actions that affect the 

status of geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

required by state law. A redesignation to 

attainment does not in and of itself 

impose any new requirements, but 

rather results in the application of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, 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 these 

reasons, these actions: 

• Are 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); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Are not significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Are not subject to requirements of 

Section 12(d) of the National 


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71458 Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations 

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 

• Do 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 final 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. 

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 January 17, 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks. 

Dated: November 7, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR parts 52 and 81 are 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 II—North Carolina 

■ 2. Section 52.1770(e) is amended by 

adding new entries ‘‘1997 Annual PM2.5

Maintenance Plan for the Greensboro, 

North Carolina Area (Davidson and 

Guilford Counties)’’ and ‘‘1997 Annual 

PM2.5 Maintenance Plan for the 

Greensboro, North Carolina Area— 

MOVES Update’’ at the end of the table 

to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date Federal Register citation 

*******

1997 Annual PM2.5 Maintenance Plan for the Greensboro, North Carolina 

Area (Davidson and Guilford Counties).

12/18/09 11/18/11 [Insert citation of publication]. 

1997 Annual PM2.5 Maintenance Plan for the Greensboro, North Carolina 

Area—MOVES Update.

12/22/10 11/18/11 [Insert citation of publication]. 

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. In § 81.334, the table entitled 

‘‘North Carolina—PM2.5 (Annual 

NAAQS)’’ is amended under 

‘‘Greensboro-Winston Salem-High Point, 

NC’’ by revising the entries for 

‘‘Davidson County’’ and ‘‘Guilford 

County’’ to read as follows: 

§ 81.334 North Carolina. 

* * * * * 

NORTH CAROLINA—PM2.5—(ANNUAL NAAQS) 

Designated area 

Designation a

Date 1 Type 

Greensboro-Winston Salem-High Point, NC: 

Davidson County ....................................................................... This action is effective 11/18/11 ............................................... Attainment. 

Guilford County ......................................................................... This action is effective 11/18/11 ............................................... Attainment. 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 90 days after January 5, 2005, unless otherwise noted. 


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* * * * * 

[FR Doc. 2011–29777 Filed 11–17–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0780; FRL–9326–4] 

Prohexadione Calcium; Pesticide 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for residues of prohexadione 

calcium in or on sweet cherry. BASF 

Corporation requested this tolerance 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

November 18, 2011. Objections and 

requests for hearings must be received 

on or before January 17, 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: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–0780. 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 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: Rose 

Mary Kearns, Registration Division, 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–5611; email address: 

kearns.rosemary@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 those engaged in the 

following activities: 

• 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 to provide 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 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–2010–0780 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 January 17, 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–2010–0780, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(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. Summary of Petitioned-for Tolerance 

In the Federal Register of October 27, 

2010 (75 FR 66092) (FRL–8848–3), 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 petition (PP 0F7765) by BASF 

Corporation, 26 Davis Drive, Research 

Triangle Park, NC 27709. The petition 

requested that 40 CFR 180.547 be 

amended by establishing tolerances for 

residues of the plant growth regulator 

prohexadione calcium, calcium, 3- 

oxido-5-oxo-4-propionylcyclohex-3- 

enecarboxylate, in or on sweet cherries 

at 0.50 parts per million (ppm). That 

notice referenced a summary of the 

petition prepared by BASF Corporation, 

the registrant, which is available in the 

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

There were no comments received in 

response to the notice of filing for these 

changes are explained in Unit IV.D. 

Based upon review of the data 

supporting the petition, EPA has 

lowered the tolerance from 0.5 ppm to 

0.4 p.m. The reason for these changes 

are explained in Unit IV.C 

III. Aggregate Risk Assessment and 

Determination of Safety 

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

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

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

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

reasonable certainty that no harm will 


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