25392 Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR Citation OMB Control 

No. 

* * * * * 

Significant New Uses of Chemical 

Substances 

* * * * * 

721.10308 ............................. 2070–0012 

* * * * * 

* * * * * 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

■ 4. Add § 721.10308 to subpart E to 

read as follows: 

§ 721.10308 Ethoxylated, propoxylated 

diamine diaryl substituted phenylmethane 

ester with alkenylsuccinate, 

dialkylethanolamine salt (generic). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as ethoxylated, propoxylated 

diamine diaryl substituted 

phenylmethane ester with 

alkenylsuccinate, dialkylethanolamine 

salt (PMN P–01–384) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j) (ink colorant). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (i) are 

applicable to manufacturers, importers, 

and processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

[FR Doc. 2013–10306 Filed 4–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2011–0417; FRL–9806–7] 

RIN 2060–AR74 

Greenhouse Gas Reporting Rule: 

Revision to Best Available Monitoring 

Method Request Submission Deadline 

for Petroleum and Natural Gas 

Systems Source Category 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is revising the 

deadline by which owners or operators 

of facilities subject to the petroleum and 

natural gas systems source category of 

the Greenhouse Gas Reporting Rule 

must submit requests for use of best 

available monitoring methods to the 

Administrator. This revision does not 

change any other requirements for 

owners or operators as outlined in the 

best available monitoring method rule 

provisions. 

DATES: This final rule is effective on 

May 31, 2013. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2011–0417. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and is publicly available 

only in hard copy. Publicly available 

docket materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, EPA West 

Building, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. This Docket 

Facility 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 Air Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; email address: 

GHGReportingRule@epa.gov. For 

technical information and 

implementation materials, please go to 

the Greenhouse Gas Reporting Rule 

Program Web site at http:// 

www.epa.gov/ghgreporting/index.html. 

To submit a question, select Help 

Center. 

Worldwide Web (WWW). In addition 

to being available in the docket, an 

electronic copy of this final rule will 

also be available through the WWW. 

Following the Administrator’s signature, 

a copy of this action will be posted on 

the EPA’s Greenhouse Gas Reporting 

Program Web site at http:// 

www.epa.gov/ghgreporting/reporters/ 

notices/index.html. 

SUPPLEMENTARY INFORMATION: 

Regulated Entities. The Administrator 

determined that this action is subject to 

the provisions of Clean Air Act (CAA) 

section 307(d). See CAA section 

307(d)(1)(V) (the provisions of section 

307(d) apply to ‘‘such other actions as 

the Administrator may determine’’). 

This final rule affects owners or 

operators of petroleum and natural gas 

systems. Regulated categories and 

affected entities may include those 

listed in Table 1 of this preamble: 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY

Category NAICS Examples of affected facilities 

Petroleum and Natural Gas Systems ........................................................ 486210 

221210 

Pipeline transportation of natural gas. 

Natural gas distribution facilities. 

211 Extractors of crude petroleum and natural gas. 

211112 Natural gas liquid extraction facilities. 

Table 1 of this preamble is not 

intended to be exhaustive, but rather 

lists the types of facilities that the EPA 

is now aware could be potentially 

affected by the reporting requirements. 

Other types of facilities not listed in the 

table could also be affected. To 

determine whether you are affected by 

this action, you should carefully 


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Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations 25393 

1See http://www.epa.gov/climatechange/ 

emissions/responses.html. 

examine the applicability criteria found 

in 40 CFR part 98, subpart A or the 

relevant criteria in the sections related 

to direct emitters of GHGs. If you have 

questions regarding the applicability of 

this action to a particular facility, 

consult the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section. 

Judicial Review. Under section 

307(b)(1) of the CAA, judicial review of 

this final rule is available only by filing 

a petition for review in the U.S. Court 

of Appeals for the District of Columbia 

Circuit (the Court) by July 1, 2013. 

Under CAA section 307(d)(7)(B), only 

an objection to this final rule that was 

raised with reasonable specificity 

during the period for public comment 

can be raised during judicial review. 

Section 307(d)(7)(B) of the CAA also 

provides a mechanism for the EPA to 

convene a proceeding for 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to EPA 

that it was impracticable to raise such 

objection within [the period for public 

comment] or if the grounds for such 

objection arose after the period for 

public comment (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of the rule.’’ Any person 

seeking to make such a demonstration to 

us should submit a Petition for 

Reconsideration to the Office of the 

Administrator, Environmental 

Protection Agency, Room 3000, Ariel 

Rios Building, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460, with a 

copy to the person listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section, and the Associate 

General Counsel for the Air and 

Radiation Law Office, Office of General 

Counsel (Mail Code 2344A), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20004. Note, under CAA section 

307(b)(2), the requirements established 

by this final rule may not be challenged 

separately in any civil or criminal 

proceedings brought by the EPA to 

enforce these requirements. 

Acronyms and Abbreviations. The 

following acronyms and abbreviations 

are used in this document. 

CAA Clean Air Act 

CBI confidential business information 

CFR Code of Federal Regulations 

EPA U.S. Environmental Protection Agency 

FR Federal Register 

GHG greenhouse gas 

GHGRP Greenhouse Gas Reporting Program 

CO2e carbon dioxide equivalent 

NAICS North American Industry 

Classification System 

NTTAA National Technology Transfer and 

Advancement Act 

OMB Office of Management and Budget 

QA/QC quality assurance/quality control 

RFA Regulatory Flexibility Act 

U.S. United States 

UMRA Unfunded Mandates Reform Act of 

1995 

WWW World Wide Web 

Organization of This Preamble. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background 

A. Organization of This Preamble 

B. Background on the Final Rule 

C. Legal Authority 

II. Final Amendments and Responses to 

Public Comments 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. Background 

A. Organization of This Preamble 

This preamble consists of three 

sections. The first section provides 

background on 40 CFR part 98, subpart 

W and describes the purpose and legal 

authority for this action. The second 

section of this preamble summarizes the 

revision made to the specific 

requirement in the petroleum and 

natural gas systems (subpart W) source 

category of 40 CFR part 98 and 

comments received. The third section of 

this preamble discusses the various 

statutory and executive order 

requirements applicable to this 

rulemaking. 

B. Background on the Final Rule 

On November 30, 2010 (75 FR 74459) 

the EPA finalized the Petroleum and 

Natural Gas Systems source category, 

subpart W, of the Greenhouse Gas 

Reporting Rule. As part of that rule, the 

EPA finalized detailed provisions in 40 

CFR 98.234(f), allowing for owners or 

operators to use best available 

monitoring methods for specified 

parameters in 40 CFR 98.233 where 

additional time is needed to comply 

with the monitoring and quality 

assurance/quality control (QA/QC) 

requirements as outlined in the rule. In 

these cases, owners or operators are 

given the flexibility, upon approval, to 

estimate parameters for equations in 40 

CFR 98.233 by using supplier data, 

engineering calculations, other company 

records or monitoring methods 

currently used by the facility that do not 

meet the specifications of subpart W. 

On February 19, 2013, the EPA 

published a direct final rule (78 FR 

11585) and a parallel proposal (78 FR 

11619) to amend the deadline for 

submitting best available monitoring 

method requests to the Administrator 

from September 30 to June 30 of the 

year prior to the reporting year for 

which use of BAMM is sought. In those 

actions, the EPA stated that if an 

adverse comment were received, a 

timely withdrawal notice would be 

published in the Federal Register 

informing the public that the direct final 

rule would not take effect and that the 

EPA would address comments in any 

subsequent final rule based on the 

parallel proposal. On April 2, 2013, the 

direct final rule was withdrawn (78 FR 

19605) due to potentially adverse 

comment received on the direct final 

rule. Based on the comments received, 

EPA is finalizing the amendment as 

proposed. Responses to comments 

received are addressed below and can 

be found in the document, ‘‘Response to 

Comments: Greenhouse Gas Reporting 

Rule: Revision to Best Available 

Monitoring Method Request Submission 

Deadline for Petroleum and Natural Gas 

Systems Source Category’’ (see EPA– 

HQ–OAR–2011–0417). 

C. Legal Authority 

The EPA is promulgating this rule 

amendment under its existing CAA 

authority, specifically authorities 

provided in CAA section 114. As stated 

in the preamble to the 2009 final rule 

(74 FR 56260, October 30, 2009) and the 

Response to Comments on the April 10, 

2009 initial proposed rule,1 Volume 9, 

Legal Issues, CAA section 114 provides 

the EPA broad authority to require the 

information proposed to be gathered by 

this rule because such data would 

inform and are relevant to the EPA’s 

carrying out a wide variety of CAA 

provisions. As discussed in the 

preamble to the initial proposed rule (74 

FR 16448, April 10, 2009), CAA section 

114(a)(1) authorizes the Administrator 

to require emissions sources, persons 


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25394 Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations 

subject to the CAA, manufacturers of 

control or process equipment, or 

persons who the Administrator believes 

may have necessary information to 

monitor and report emissions and 

provide such other information the 

Administrator requests for the purposes 

of carrying out any provision of the 

CAA. For further information about the 

EPA’s legal authority, see the preambles 

to the 2009 proposed and final rules and 

EPA’s Response to Comments, Volume 

9. 

II. Final Amendments and Responses to 

Public Comments 

In this action, the EPA is finalizing 

the amendment to the deadline for 

submitting Subpart W best available 

monitoring method requests to the 

Administrator from September 30 to 

June 30 of the year prior to the reporting 

year for which use of BAMM is sought. 

Specifically, the EPA is revising the last 

sentence in 40 CFR 98.234(f)(8)(i) to 

replace the date ‘‘September 30’’ with 

the date ‘‘June 30’’ so that the sentence 

now reads ‘‘For reporting years after 

2012, a new request to use best available 

monitoring methods must be submitted 

by June 30th of the year prior to the 

reporting year for which use of best 

available monitoring methods is 

sought.’’ The EPA is not finalizing any 

other amendments to provisions related 

to best available monitoring methods or 

other parts of subpart W in this action. 

After evaluation of comments 

received, the EPA has determined that 

the amendment to the rule should 

become final as proposed. A brief 

summary of comments received and our 

responses are provided below. The 

EPA’s responses to all comments can be 

found in the document ‘‘Response to 

Comments: Greenhouse Gas Reporting 

Rule: Revision to Best Available 

Monitoring Method Request Submission 

Deadline for Petroleum and Natural Gas 

Systems Source Category’’ (see EPA– 

HQ–OAR–2011–0417). 

One commenter stated that the EPA 

should not implement the direct final 

action. This commenter did not 

explicitly state why the action should 

not be implemented, nor did the 

commenter state any specific concerns 

with the amendment. Without any 

further information why the amendment 

should not be implemented, the EPA is 

maintaining its position that the 

amendment to the rule as proposed 

should become final. The EPA 

continues to conclude that this 

amendment would have minimal 

adverse impact on owners or operators 

requesting to use best available 

monitoring methods in future years. As 

stated in the direct final rule and 

associated co-proposal, the EPA believes 

that this amendment will provide 

additional certainty to reporters prior to 

the upcoming reporting year for which 

the use of best available monitoring 

methods are sought. Additionally, 

finalizing this amendment results in a 

more appropriate time frame for 

comprehensively reviewing and 

processing submitted requests and 

allowing the EPA to notify all owners 

and operators of final determinations in 

a timely manner. 

The EPA also received a comment 

that is beyond the scope of this 

rulemaking as explained in the 

Response to Comments document. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This 

amendment affects a provision in the 

rule related to the date of submission for 

best available monitoring method 

requests and does not affect what is 

submitted in those request or any 

associated burden with submitting those 

requests. However, the Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing regulations, 40 CFR part 98 

subpart W (75 FR 74458), under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB control number 2060– 

0651. The OMB control numbers for the 

EPA’s regulations in 40 CFR are listed 

in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For purposes of assessing the impacts 

of this final rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s regulations at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of these rule amendments on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. In determining whether a rule 

has a significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, since the primary purpose of 

the regulatory flexibility analysis is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impacts of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus, an agency may certify that the 

rule will not have a significant 

economic impact on a substantial 

number of small entities if the rule 

relives regulatory burden, or otherwise 

has a positive economic effect on all of 

the small entities subject to the rule. 

The EPA anticipates that this 

amendment would result in greater 

certainty to reporters choosing to submit 

best available monitoring method 

requests to the EPA for use in future 

years. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, and tribal 

governments or the private sector. This 

action imposes no enforceable duty on 

any State, local or tribal governments or 

the private sector. Thus, the 

amendments in this action are not 

subject to the requirements of section 

202 or 205 of the UMRA. This action is 

also not subject to the requirements of 

section 203 of UMRA because it 

contains no regulatory requirements that 

might significantly or uniquely affect 

small governments. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 


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Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations 25395 

levels of government, as specified in 

Executive Order 13132. 

This action applies to an optional 

provision in the final rule for subpart W, 

which in turn applies to petroleum and 

natural gas facilities that emit 

greenhouse gases. Few, if any, State or 

local government facilities would be 

affected. This action also does not limit 

the power of States or localities to 

collect GHG data and/or regulate GHG 

emissions. Thus, Executive Order 13132 

does not apply to this action. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). Further, this action would not 

result in any changes to the current 

requirements of 40 CFR part 98 subpart 

W and only applies to optional 

provisions in 40 CFR part 98 subpart W. 

Thus, Executive Order 13175 does not 

apply to this action. 

Although Executive Order 13175 does 

not apply to this action, the EPA sought 

opportunities to provide information to 

Tribal governments and representatives 

during the development of the rule for 

subpart W promulgated on November 

30, 2010. A summary of the EPA’s 

consultations with Tribal officials is 

provided in Sections VIII.E and VIII.F of 

the preamble to the 2009 final rule and 

Section IV.F of the preamble to the 2010 

final rule for subpart W (75 FR 74485). 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

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

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 12(d) (15 U.S.C. 272 note) directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs the EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This action does not involve technical 

standards. Therefore, the EPA is not 

considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

action will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment because it is a rule 

addressing information collection and 

reporting procedures. 

K. Congressional Review Act 

The Congressional Review At, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 

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. The EPA will submit a 

report containing this rule and the 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the U.S. 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). This 

rule is effective on May 31, 2013. 

List of Subjects in 40 CFR Part 98 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Greenhouse gases, 

Monitoring, Reporting and 

recordkeeping requirements. 

Dated: April 24, 2013. 

Bob Perciasepe, 

Acting Administrator. 

For the reasons discussed in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is amended as 

follows: 

PART 98—[AMENDED] 

■ 1. The authority citation for part 98 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart—W [Amended] 

■ 2. Section 98.234 is amended by 

revising paragraph (f)(8)(i) to read as 

follows: 

§ 98.234 Monitoring and QA/QC 

Requirements 

* * * * * 

(f) * * * 

(8) * * * 

(i) Timing of request. EPA does not 

anticipate a need for best available 

monitoring methods beyond 2011, but 

for all reporting years after 2011, best 

available monitoring methods will be 

considered for unique or unusual 

circumstances which include data 

collection methods that do not meet 

safety regulations, technical 

infeasibility, or counter to other local, 

State, or Federal regulations. For use of 

best available monitoring methods in 

2012, an initial notice of intent to 

request best available monitoring 

methods must be submitted by 

December 31, 2011. Any notice of intent 

submitted prior to the effective date of 

this rule cannot be used to meet this 

December 31, 2011 deadline; a new 

notice of intent must be signed and 

submitted by the designated 

representative. In addition to the initial 

notification of intent, owners or 

operators must also submit an extension 

request containing the information 

specified in 98.234(f)(8)(ii) by March 30, 

2012. Any best available monitoring 

methods request submitted prior to the 

effective date of this rule cannot be used 

to meet the March 30, 2012 deadline; a 

new best available monitoring methods 

request must be signed and submitted 

by the designated representative. 

Owners or operators that submit both a 


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25396 Federal Register / Vol. 78, No. 84 / Wednesday, May 1, 2013 / Rules and Regulations 

timely notice of intent and extension 

request consistent with 98.234(f)(8)(ii) 

can automatically use best available 

monitoring method through June 30, 

2012, for the specific parameters 

identified in their notification of intent 

and best available monitoring methods 

request regardless of whether the best 

available monitoring methods request is 

ultimately approved. Owners or 

operators that submit a notice of intent 

but do not follow up with a best 

available monitoring methods request 

by March 30, 2012 cannot use best 

available monitoring methods in 2012. 

For 2012, when an owner or operator 

has submitted a notice of intent and a 

subsequent best available monitoring 

method extension request, use of best 

available monitoring methods will be 

valid, upon approval by the 

Administrator, until the date indicated 

in the approval or until December 31, 

2012, whichever is earlier. For reporting 

years after 2012, a new request to use 

best available monitoring methods must 

be submitted by June 30th of the year 

prior to the reporting year for which use 

of best available monitoring methods is 

sought. 

* * * * * 

[FR Doc. 2013–10184 Filed 4–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0132; FRL–9384–3] 

Glyphosate; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of glyphosate in 

or on multiple commodities which are 

identified and discussed later in this 

document. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective May 

1, 2013. Objections and requests for 

hearings must be received on or before 

July 1, 2013, 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–2012–0132, 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: 

Andrew Ertman, Registration Division, 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9367; email address: 

ertman.andrew@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://www.ecfr.gov/cgi-bin/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–2012–0132 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 July 1, 2013. 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– 

2012–0132, 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.html. 

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 May 2, 2012 

(77 FR 25954) (FRL–9346–1), 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 2E7979) by IR–4, 500 

College Rd. East, Suite 201 W, 

Princeton, NJ 08540. The petition 

requested that 40 CFR 180.364 be 

amended by establishing tolerances for 

residues of the herbicide glyphosate 

N-(phosphonomethyl) glycine in or on 

the raw agricultural commodity teff, 

forage and teff, hay at 100 parts per 

million (ppm) and oilseed crops, group 

20 at 40 ppm. The petition also 

requested amendments to the tolerances 

in 40 CFR 180.364 as follows: Vegetable, 

root and tuber, group 1, except sugar 

beet, from 0.2 ppm to 6.0 ppm; 

vegetable, bulb, group 3 at 0.2 ppm to 


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