30828 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

INDIANA—2008 OZONE NAAQS—Continued 

[Primary and secondary] 

Designation area 

Designation Classification 

Date 1 Type Date 1 Type 

Lake County. 

Porter County. 

* * * * * * * 

1This date is July 20, 2012, unless otherwise noted. 

2Excludes Indian country located in each area, unless otherwise noted. 

* * * * * 

[FR Doc. 2022–10820 Filed 5–19–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 and 81 

[EPA–R05–OAR–2022–0137; FRL–9604–02– 

R5] 

Air Plan Approval; Illinois; 

Redesignation of the Illinois Portion of 

the Chicago-Naperville, IllinoisIndiana-Wisconsin Area to Attainment 

of the 2008 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) finds that the Illinois 

portion of the Chicago-Naperville, IL-INWI area (Chicago area) is attaining the 

2008 ozone National Ambient Air 

Quality Standard (NAAQS or standard) 

and is acting in accordance with a 

January 25, 2022, request from Illinois 

to redesignate the Illinois portion of the 

Chicago area to attainment for the 2008 

ozone NAAQS because the request 

meets the statutory requirements for 

redesignation under the Clean Air Act 

(CAA). EPA is approving, as a revision 

to the Illinois State Implementation Plan 

(SIP), the State’s plan for maintaining 

the 2008 ozone NAAQS through 2035 in 

the Illinois portion of the Chicago area. 

EPA finds adequate and is approving 

the 2035 volatile organic compound 

(VOC) and oxides of nitrogen (NOX) 

motor vehicle emission budgets 

(budgets) for transportation conformity 

purposes for the Illinois portion of the 

Chicago area. Pursuant to section 110 

and part D of the CAA, EPA is 

approving the VOC reasonably available 

control technology (RACT), Enhanced 

motor vehicle inspection and 

maintenance (I/M), clean-fuel vehicle 

programs (CFVP), and the enhanced 

monitoring of ozone and ozone 

precursors (EMP) SIP revisions 

submitted by Illinois, because they 

satisfy serious SIP requirements of the 

CAA for the Illinois portion of the 

Chicago area. Finally, EPA is approving 

a CAA section 182(f) waiver from NOX

RACT requirements for the Illinois 

portion of the Chicago area under the 

2008 ozone NAAQS. 

DATES: This final rule is effective on 

May 20, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2022–0137. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Michael 

Leslie, Environmental Engineer at (312) 

353–6680 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Michael Leslie, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–6680, 

leslie.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background information 

On March 10, 2022 (87 FR 13668), 

EPA proposed to find that the Illinois 

portion of the Chicago area is attaining 

the 2008 ozone NAAQS and to act in 

accordance with a January 25, 2022, 

request from Illinois to redesignate the 

Illinois portion of the Chicago area to 

attainment for the 2008 ozone NAAQS 

because the request meets the statutory 

requirements for redesignation under 

the CAA. EPA proposed to approve, as 

a revision to the Illinois SIP, the State’s 

plan for maintaining the 2008 ozone 

NAAQS through 2035 in the Illinois 

portion of the Chicago area. EPA 

proposed to find adequate and approve 

the 2035 VOC and NOX motor vehicle 

emission budgets (budgets) for the 

Illinois portion of the Chicago area. 

Pursuant to section 110 and part D of 

the CAA, EPA proposed to approve the 

VOC RACT, Enhanced I/M, the CFVP, 

and the EMP SIP revisions submitted by 

Illinois, because they satisfy serious SIP 

requirements of the CAA for the Illinois 

portion of the Chicago area. Finally, 

EPA proposed to approve a CAA section 

182(f) waiver from NOX RACT 

requirements for the Illinois portion of 

the Chicago area under the 2008 ozone 

NAAQS. An explanation of CAA 

requirements, a detailed analysis of how 

these requirements apply to the Illinois 

portion of the Chicago area, a discussion 

of how Illinois has met these 

requirements, and EPA’s reasons for 

proposing these actions were provided 

in the notice of proposed rulemaking 

and will not be restated here. 

II. Response to Public Comments 

EPA provided a 30-day review and 

comment period for the March 10, 2022, 

proposed rule. The comment period 

ended on April 11, 2022. We received 

one adverse comment from the 

Wisconsin Department of Natural 

Resources (WDNR) on our proposed 

approval of the CAA section 182(f) 

waiver from NOX RACT requirements. 

The adverse comment is summarized 

and addressed below. 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30829 

Comment 1: WDNR requested that 

EPA not approve the NOX RACT waiver 

for the following reasons: 

Comment 1a: The commenter states 

that a NOX RACT program was required 

for the three-state Chicago-Naperville 

2008 ozone nonattainment area by 

January 1, 2017, after the area was 

reclassified to moderate. While Illinois 

has a NOX program, it is not federally 

approved and does not fully meet all 

NOX RACT requirements. 

Response 1a: CAA section 182(f)(1)(A) 

provides that a state is not required to 

implement RACT for major stationary 

sources of NOX for nonattainment areas 

not within an ozone transport region if 

EPA determines ‘‘that additional 

reductions of [NOX] would not 

contribute to attainment of the [NAAQS] 

for ozone in the area.’’ The Illinois 

portion of the Chicago area is attaining 

the 2008 ozone NAAQS, based on the 

most recent certified monitoring data 

from the 2019–2021 period. It is EPA’s 

longstanding interpretation, as stated in 

EPA’s January 2005 document, 

‘‘Guidance on Limiting Nitrogen Oxides 

Requirements Related to 8-Hour Ozone 

Implementation,’’ that when an ozone 

nonattainment area is attaining the 

ozone standard, as demonstrated by 

three consecutive years of adequate 

monitoring data, ‘‘it is clear that the 

section 182(f)[(1)(A)] language is met 

since ‘additional reductions of oxides of 

nitrogen would not contribute to 

attainment.’ That is, since attainment 

has already occurred, additional NOX

reductions could not improve the area’s 

attainment status and, therefore, the 

NOX exemption request could be 

approved.’’ The NOX RACT waiver 

under consideration in this action was 

submitted by Illinois on January 25, 

2022, and is based on CAA section 

182(f)(1)(A). This waiver can be 

approved because the area is attaining 

the 2008 ozone NAAQS, as 

demonstrated by the three years of clean 

monitoring data, and additional NOX

reductions would not improve the area’s 

attainment status. 

Comment 1b: The commenter states 

that the Chicago nonattainment area 

continues to struggle to meet Federal 

ozone standards, such as by failing to 

meet its August 3, 2021, marginal 

attainment date for the more stringent 

2015 ozone standard. The commenter 

further states that EPA is overdue in 

meeting its statutory obligation to 

reclassify this area to moderate for the 

2015 ozone standard, which was due 

within 6 months of that attainment date. 

When the reclassification to moderate 

under the 2015 ozone standard is 

finalized, Illinois will be required to 

submit a NOX RACT program under the 

CAA. Given this forthcoming NOX

RACT requirement, the commenter 

argues EPA’s proposed approval to 

waive an emissions control requirement 

that will soon be reinstated by statute 

should not be granted. 

Response 1b: In this action, EPA is 

granting a NOX RACT waiver only for 

the 2008 ozone standard based on three 

years of clean monitoring data for that 

standard. A CAA section 182(f) NOX

exemption granted for a prior ozone 

standard (in this case the 2008 ozone 

standard) does not relieve the area from 

any CAA section 182(f) NOX obligations 

under the 2015 ozone NAAQS (see 40 

CFR 51.1313(c)). Therefore, potential 

future reclassification of the Chicago 

area under the 2015 ozone standard 

does not prevent EPA from approving 

the NOX RACT waiver for the 2008 

ozone standard. 

Comment 1c: The commenter states 

that the CAA does not compel EPA to 

grant this waiver request and that the 

approval of the NOX waiver relies on 

EPA’s 2005 guidance, in which EPA 

cautions that actions relying on the 

guidance might not be approvable in 

every situation. The commenter requests 

that EPA explain how it is appropriate 

to apply that guidance when the 

Chicago area remains in nonattainment 

for ozone and needs additional NOX

emissions reductions in the area to meet 

all of the ozone standards. 

Response 1c: The Chicago area is 

attaining the 2008 ozone NAAQS, based 

on the most recent certified monitoring 

data from the 2019–2021 period. In this 

action, EPA is granting a NOX RACT 

waiver only for the 2008 ozone standard 

because, as per the discussion above 

regarding the CAA section 182(f)(1)(A) 

and EPA’s January 2005 document, the 

area qualifies for the NOX RACT waiver 

due to the achievement of three years of 

clean monitoring data. A CAA section 

182(f) NOX exemption granted for the 

2008 ozone standard does not relieve 

the area from any CAA section 182(f) 

NOX obligations under the 2015 ozone 

NAAQS (see 40 CFR 51.1313(c)). 

Therefore, approval of a NOX RACT 

waiver only as it applies to the 2008 

ozone NAAQS is appropriate. 

Comment 1d: The commenter states 

that EPA’s recently released ozone 

transport modeling for the 2015 

standard shows that Illinois 

significantly contributes to downwind 

nonattainment at several monitors along 

Wisconsin’s Lake Michigan shoreline. 

Also, both the Sheboygan and Chicago 

nonattainment areas will continue to be 

nonattainment for the 2015 ozone 

standard in 2032 based on EPA’s ozone 

transport modeling. Given these 

modeling results, the commenter states 

that additional, timely reductions in 

ozone precursor emissions, including 

NOX, are needed to ensure attainment of 

the 2015 ozone standard throughout the 

region. 

Response 1d: The Illinois portion of 

the Chicago area is attaining the 2008 

ozone NAAQS, based on the most recent 

certified monitoring data from the 2019– 

2021 period. In this action, EPA is 

finalizing our approval of the NOX

RACT waiver only for the 2008 ozone 

standard because, as per the discussion 

above regarding CAA section 

182(f)(1)(A), the area is attaining the 

2008 ozone NAAQS, as demonstrated by 

three consecutive years of clean 

monitoring data, and EPA’s modeling 

indicates that the Illinois portion of the 

Chicago area will continue to attain the 

2008 ozone NAAQS in the future. In 

this regard, further NOX reductions will 

not improve the area’s ability to attain 

the 2008 ozone standard. In contrast, 

EPA’s ozone transport modeling 

indicates that, barring further emissions 

reductions, this area will continue to 

have difficulty attaining or maintaining 

the 2015 ozone NAAQS in 2024 (the 

Moderate Area attainment date for the 

2015 ozone NAAQS) and beyond. A 

CAA section 182(f) NOX exemption 

granted for the 2008 standard does not 

relieve the area from any CAA section 

182(f) NOX obligations under the 2015 

ozone NAAQS (see 40 CFR 51.1313(c)). 

If finalized, EPA’s determination that 

the Chicago area failed to attain the 

2015 ozone NAAQS by the attainment 

date and accompanying reclassification 

to Moderate would impose the CAA’s 

NOX RACT requirements for the 2015 

ozone standard. 

III. Final Action 

EPA finds that the Illinois portion of 

the Chicago area is attaining the 2008 

ozone NAAQS and is acting in 

accordance with a January 25, 2022, 

request from Illinois to redesignate the 

Illinois portion of the Chicago area to 

attainment for the 2008 ozone NAAQS 

because the request meets the statutory 

requirements for redesignation under 

the CAA. EPA is approving, as a 

revision to the Illinois SIP, the State’s 

plan for maintaining the 2008 ozone 

NAAQS through 2035 in the Illinois 

portion of the Chicago area. 

EPA finds adequate and is approving 

the 2035 VOC and NOX motor vehicle 

emission budgets for use in 

transportation conformity 

determinations in the Illinois portion of 

the Chicago area. Specifically, EPA is 

finding adequate and approving the 

budgets for 2035 as proposed (i.e., the 

last year of the maintenance plan) of 65 


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30830 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

tons/day of VOCs and 110 tons/day of 

NOX). 

Pursuant to section 110 and part D of 

the CAA, EPA is also approving the 

VOC RACT, Enhanced I/M, CFVP, and 

the EMP SIP revisions submitted by 

Illinois, because they satisfy serious SIP 

requirements of the CAA for the Illinois 

portion of the Chicago area. Finally, 

EPA is approving a CAA section 182(f) 

waiver from NOX RACT requirements 

for the Illinois portion of the Chicago 

area under the 2008 ozone NAAQS. 

In accordance with 5 U.S.C. 553(d) of 

the Administrative Procedure Act 

(APA), EPA finds there is good cause for 

this action to become effective 

immediately upon publication. The 

immediate effective date for this action 

is authorized under 5 U.S.C. 553(d)(1). 

Section 553(d)(1) of the APA provides 

that final rules shall not become 

effective until 30 days after publication 

in the Federal Register ‘‘except . . . a 

substantive rule which grants or 

recognizes an exemption or relieves a 

restriction.’’ The purpose of this 

provision is to ‘‘give affected parties a 

reasonable time to adjust their behavior 

before the final rule takes effect.’’ 

Omnipoint Corp. v. Fed. Commc’n 

Comm’n, 78 F.3d 620, 630 (D.C. Cir. 

1996); see also United States v. 

Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 

1977) (quoting legislative history). 

However, when the agency grants or 

recognizes an exemption or relieves a 

restriction, affected parties do not need 

a reasonable time to adjust because the 

effect is not adverse. EPA has 

determined that this rule relieves a 

restriction because this rule relieves 

sources in the area of Nonattainment 

New Source Review (NNSR) permitting 

requirements; instead, upon the 

effective date of this action, sources will 

be subject to less restrictive Prevention 

of Significant Deterioration (PSD) 

permitting requirements. For this 

reason, EPA finds good cause under 5 

U.S.C. 553(d)(1) for this action to 

become effective on the date of 

publication of this action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

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

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability 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 

CAA 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, 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 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). 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 July 19, 2022. 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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: May 16, 2022. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, E 40 CFR parts 52 and 81 are 

amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. In § 52.720, the table in paragraph 

(e) is amended: 

■ i. Under the heading ‘‘Attainment and 

Maintenance Plans’’ by adding an entry 

for ‘‘Ozone (8-hour, 2008) redesignation 

and maintenance plan’’ after the entry 

‘‘Ozone (8-hour, 2008) redesignation 

and maintenance plan’’ for the St. Louis 

area; and 

■ ii. Under the heading ‘‘Moderate Area 

& Above Ozone Requirements’’ by 

adding entries for ‘‘2008 8-hour Ozone 

Serious Planning Elements’’ and ‘‘2008 

8-hour Ozone NOX RACT Waiver’’ after 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30831 

the entry ‘‘2008 8-hour Ozone Non-CTG 

RACT Demonstration’’. 

The additions read as follows: 

§ 52.720 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Name of SIP provision 

Applicable 

geographic or 

nonattainment area 

State 

submittal 

date 

EPA approval date Comments 

*******

Attainment and Maintenance Plans 

*******

Ozone (8-hour, 2008) redesignation and maintenance plan.Chicago Area .................... 1/25/22 5/20/22, [INSERT FEDERAL REGISTER CITATION].

*******

Moderate Area & Above 

Ozone Requirements 

*******

2008 8-hour Ozone Serious 

Planning Elements.

Chicago Area .................... 1/25/22 5/20/22, [INSERT FEDERAL REGISTER CITATION].2035 VOC and NOX motor vehicle emissions budgets, VOC RACT certification, Enhanced Motor Vehicle Inspection and Maintenance Program 

certification, clean-fuel vehicle programs certification, enhanced monitoring of ozone and ozone precursors 

certification. 

2008 8-hour Ozone NOX

RACT Waiver.

Chicago Area .................... 1/25/22 5/20/22, [INSERT FEDERAL REGISTER CITATION].

*******

* * * * * 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. Section 81.314 is amended by 

revising the entry for ‘‘ChicagoNaperville, IL-IN-WI’’ in the table 

entitled ‘‘Illinois-2008 8-Hour Ozone 

NAAQS [Primary and secondary]’’ to 

read as follows: 

§ 81.314 Illinois. 

* * * * * 

ILLINOIS—2008 8-HOUR OZONE NAAQS 

[Primary and secondary] 

Designated area 

Designation Classification 

Date 1 Type Date 1 Type 

Chicago-Naperville, IL-IN-WI 2 ................................................................... May 20, 2022. Attainment ........ ........................ Serious. 

Cook County. 

DuPage County. 

Grundy County (part): 

Aux Sable Township. 

Goose Lake Township. 

Kane County. 

Kendall County (part): 

Oswego Township. 

Lake County. 

McHenry County. 

Will County. 

* * * * * * * 

1This date is July 20, 2012, unless otherwise noted. 

2Excludes Indian country located in each area, unless otherwise noted. 


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* * * * * 

[FR Doc. 2022–10821 Filed 5–19–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0582; FRL–8959–01– 

OCSPP] 

Cocamidopropylamine Oxide; 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of 

cocamidopropylamine oxide (CAS Reg. 

No. 68155–09–9) when used as an inert 

ingredient (surfactant) at a 

concentration not to exceed 6% by 

weight in glyphosate formulations. 

SciReg, Inc., on behalf of Albaugh, LLC 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting the establishment 

of an exemption from the requirement of 

a tolerance. This regulation eliminates 

the need to establish a maximum 

permissible level for residues of 

cocamidopropylamine oxide when used 

in accordance with this exemption. 

DATES: This regulation is effective May 

20, 2022. Objections and requests for 

hearings must be received on or before 

July 19, 2022, 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–2021–0582, 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), West William 

Jefferson Clinton 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 and OPP Docket 

is (202) 566–1744. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. 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: 

Marietta Echeverria, Registration 

Division (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

email address: RDFRNotices@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 40 CFR part 180 

through the Government Publishing 

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–2021–0582 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 

19, 2022. 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– 

2021–0582, 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 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. Petition for Exemption 

In the Federal Register of September 

22, 2021 (86 FR 52624) (FRL8792–03), 

EPA issued a document pursuant to 

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

announcing the filing of a pesticide 

petition (PP IN–11268) by SciReg, Inc., 

12733 Director’s Loop, Woodbridge, VA 

22192 on behalf of Albaugh, LLC. The 

petition requested that 40 CFR 180.920 

be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of 

cocamidopropylamine oxide when used 

as an inert ingredient (surfactant) at a 

concentration not to exceed 6% by 

weight in glyphosate formulations. That 

document referenced a summary of the 

petition prepared by SciReg, Inc on 

behalf of Albaugh, LLC, the petitioner, 

which is available in the docket, http:// 

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

III. Inert Ingredient Definition 

Inert ingredients are all ingredients 

that are not active ingredients as defined 

in 40 CFR 153.125 and include, but are 

not limited to, the following types of 

ingredients (except when they have a 

pesticidal efficacy of their own): 

Solvents such as alcohols and 

hydrocarbons; surfactants such as 

polyoxyethylene polymers and fatty 

acids; carriers such as clay and 


khammond on DSKJM1Z7X2PROD with RULES