Federal Register / Vol. 87, No. 88 / Friday, May 6, 2022 / Proposed Rules 27059 

III. Proposed Action 

In this action, EPA proposes to 

conclude that Colorado’s infrastructure 

SIP satisfies the interstate transport 

provision of the CAA, section 

110(a)(2)(D)(i)(I), for the 2015 ozone 

NAAQS, and that the State has provided 

the necessary assurances of the State’s 

authority to regulate all agricultural 

sources as may be required by the CAA 

under section 110(a)(2)(E)(i). 

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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: April 26, 2022. 

K.C. Becker, 

Regional Administrator, Region 8. 

[FR Doc. 2022–09449 Filed 5–5–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 152 

[EPA–HQ–OPP–2019–0701; FRL–7542–03– 

OCSPP] 

RIN 2070–AK56 

Pesticides; Proposal To Add Chitosan 

to the List of Active Ingredients 

Permitted in Exempted Minimum Risk 

Pesticide Products; Notice of Data 

Availability on Chitosan and Chitosan 

Salts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of data availability. 

SUMMARY: The Environmental Protection 

Agency (EPA) is announcing the 

availability of and soliciting comment 

on data related to the aquatic toxicity of 

chitosan salts. The EPA seeks public 

comment on these data. 

DATES: Comments must be received on 

or before June 6, 2022. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2006–0766, 

through the Federal eRulemaking Portal 

at https://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. Additional 

instructions on commenting or visiting 

the docket, along with more information 

about dockets generally, is available at 

https://www.epa.gov/dockets. 

Due to the public health concerns 

related to COVID–19. The EPA Docket 

Center (EPA/DC) and Reading Room is 

open to visitors by appointment only. 

The staff continues to provide remote 

customer service via email, phone, and 

webform. For the latest status 

information on EPA/DC services and 

docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Director, Biopesticides 

and Pollution Prevention Division 

(7511P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

BPPDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

The EPA is making two aquatic 

toxicity reports, submitted by Tidal 

Vision Products, LLC, available for 

public comment. The EPA seeks input 

from stakeholders on how these reports 

may be used to inform the Agency’s 

assessment of the aquatic toxicity of 

chitosan and its salts. 

On November 2, 2020, the EPA 

published ‘‘Pesticides; Proposal to Add 

Chitosan to the List of Active 

Ingredients Permitted in Exempted 

Minimum Risk Pesticide Product,’’ 85 

FR 69307 (FRL–10009–24). The 

proposed rule addressed the subject 

matter of a 2018 petition by Tidal Vision 

Products LLC that requested that the 

substance commonly known as chitosan 

(also known by its chemical name polyD-glucosamine) (CAS Reg. No. 9012–76– 

4) be added to the list of active 

ingredients allowed in exempted 

minimum risk pesticide products under 

40 CFR 152.25(f)(1). 

Public comments on the proposed 

rule discussed these salts. The EPA 

notes that chitosan may form as a salt 

(e.g., acetate, lactate, hydrochloride, and 

salicylate) when it is solubilized in 

acids for end use product formulation 

and subsequently applied in the 

environment. The new information 

submitted by Tidal Vision pertains to 

these salts. 

As authorized by the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) section 25(b), the EPA has 

exempted from the requirement of 

registration certain pesticide products if 

they are composed of specified 


JSPEARS on DSK121TN23PROD with PROPOSALS1
27060 Federal Register / Vol. 87, No. 88 / Friday, May 6, 2022 / Proposed Rules 

ingredients (recognized active and inert 

substances which are listed in the 

regulations) and labeled according to 

the EPA’s regulations in 40 CFR 

152.25(f). The EPA created the 

exemption for minimum risk pesticides 

to eliminate the need for the Agency to 

expend significant resources to regulate 

products that were deemed to be of 

minimum risk to human health and the 

environment. Prior to submission of 

these aquatic toxicity reports, the EPA 

received a petition from Tidal Vision 

Products, LLC, requesting that the 

substance commonly known as chitosan 

(also known by its chemical name polyD-glucosamine) (CAS Reg. No. 9012–76– 

4) be added to the list of active 

ingredients allowed in exempted 

minimum risk pesticide products under 

40 CFR 152.25(f)(1). This matter was the 

subject of a proposed regulation (85 FR 

69307) (FRL–10009–24). 

The EPA is considering the 

information submitted by Tidal Vision 

in its decision regarding whether to 

finalize the proposal to add chitosan to 

the list of permitted active ingredients, 

and if so, whether and how to address 

chitosan salts in the exemption. 

II. References 

The following is a listing of the 

documents that are specifically 

referenced in this document. For 

assistance in locating these other 

documents, please consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

1. Tidal Vision USA. (2019). Aquatic 

Toxicology Report by Eurofins 

Environmental Testing Test America. Lab I.D. 

No. B4345. Report Date: June 17, 2019. EPA 

Master Record Identification (MRID) 

51861901. 

2. Tidal Vision USA. (2019). Aquatic 

Toxicology Report by Eurofins 

Environmental Testing Test America. Lab I.D. 

No. B4421. Report Date: August 28, 2019. 

EPA Master Record Identification (MRID) 

51861902. 

List of Subjects in 40 CFR Part 152 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting, and recordkeeping 

requirements. 

Dated: April 29, 2022. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2022–09731 Filed 5–5–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 704 

[EPA–HQ–OPPT–2021–0357; FRL–8632–02– 

OCSPP] 

RIN 2070–AK99 

Asbestos; Reporting and 

Recordkeeping Requirements Under 

the Toxic Substances Control Act 

(TSCA) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing reporting 

and recordkeeping requirements for 

asbestos under the Toxic Substances 

Control Act (TSCA). EPA proposes to 

require certain persons that 

manufactured (including imported) or 

processed asbestos and asbestoscontaining articles (including as an 

impurity) in the four years prior to the 

date of publication of the final rule to 

electronically report certain exposurerelated information. This action would 

result in a one-time reporting obligation. 

EPA emphasizes that this proposed 

requirement would include asbestos 

that is a component of a mixture. The 

information sought includes quantities 

of asbestos (including asbestos that is a 

component of a mixture) and asbestoscontaining articles that were 

manufactured (including imported) or 

processed, types of use, and employee 

data. Reported information would be 

used by EPA and other Federal agencies 

in considering potential future actions, 

including risk evaluation and risk 

management activities. EPA is 

requesting public comment on all 

aspects of this proposed rule and has 

also identified items of particular 

interest for public input. 

DATES: Comments must be received on 

or before July 5, 2022. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2021–0357, 

through the Federal eRulemaking Portal 

at https://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. Additional 

instructions on commenting or visiting 

the docket, along with more information 

about dockets generally, is available at 

https://www.epa.gov/dockets. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

open to visitors by appointment only. 

For the latest status information on 

EPA/DC services and access, visit 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT:

For technical information contact: 

Daniel R. Ruedy, Data Gathering and 

Analysis Division (Mailcode: 7406M), 

Office of Pollution Prevention and 

Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: (202) 564–7974; email address: 

ruedy.daniel@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture (defined 

by statute to include import) or process 

asbestos. Any use of the term 

‘‘manufacture’’ in this document will 

encompass ‘‘import,’’ and the term 

‘‘manufacturer’’ will encompass 

‘‘importer.’’ Any use of the term 

‘‘asbestos’’ will apply to asbestos in bulk 

form, in an article, or as an impurity, or 

as a component of a mixture. For a more 

thorough discussion of the subject 

asbestos forms, please see Unit III.A. of 

this document. You may also be 

potentially affected by this action if you 

manufacture (including import) or 

process other chemical substances or 

mixtures not on the TSCA inventory if 

they include asbestos. 

The following list of North American 

Industry Classification System (NAICS) 

codes are provided to assist in 

determining whether this action might 

apply to you. This list 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 

entities identified in: 

• NAICS code 211—Oil and Gas 

Extraction; 

• NAICS code 212—Mining (except 

Oil and Gas); 

• NAICS code 325—Chemical 

Manufacturing; 

• NAICS code 327—Nonmetallic 

Mineral Product Manufacturing; 

• NAICS code 332—Fabricated Metal 

Product Manufacturing; 

• NAICS code 336—Transportation 

Equipment Manufacturing; 

• NAICS code 339—Miscellaneous 

Manufacturing; 


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