53718 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State approval/submittal date 

EPA approval date Explanation 

* * * * * * * 

Chapter 116 (Reg 6)—Control of Air Pollution by Permits for New Construction or Modification 

* * * * * * * 

Subchapter F—Standard Permits 

* * * * * * * 

Section 116.603 ....... Public Participation in Issuance of Standard Permits.09/20/06 9/17/08 [Insert FR page number where 

document begins].

* * * * * * * 

[FR Doc. E8–21490 Filed 9–16–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[EPA–R01–OAR–2008–0112; A–1–FRL– 

8709–4] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

Massachusetts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing the updates 

of the Outer Continental Shelf (OCS) Air 

Regulations proposed in the Federal 

Register on February 27, 2008. 

Requirements applying to OCS sources 

located within 25 miles of states’ 

seaward boundaries must be updated 

periodically to remain consistent with 

the requirements of the corresponding 

onshore area (COA), as mandated by 

section 328(a)(1) of the Clean Air Act 

Amendments of 1990 (the Act). The 

portion of the OCS air regulations that 

is being updated pertains to the 

requirements for OCS sources in the 

Commonwealth of Massachusetts. The 

intended effect of approving the OCS 

requirements for the Commonwealth of 

Massachusetts is to regulate emissions 

from OCS sources in accordance with 

the requirements onshore. 

DATES: Effective Date: This rule is 

effective on October 17, 2008. The 

incorporation by reference of certain 

publications listed in this rule is 

approved by the Director of the Federal 

Register as of October 17, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2008–0112. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., 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 electronically through 

www.regulations.gov or in hard copy at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100, Boston, 

MA. EPA requests that if at all possible, 

you contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: Ida 

E. McDonnell, Air Permits, Toxics and 

Indoor Air Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100 (CAP), Boston, MA 02114– 

2023, telephone number (617) 918– 

1653, fax number (617) 918–0653, email mcdonnell.ida@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Organization of this document: The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background 

II. Public Comment 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Section 328(a) of the Clean Air Act 

(the Act) requires that EPA establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of states’ seaward boundaries that 

are the same as onshore requirements. 

To comply with this statutory mandate, 

EPA must incorporate applicable rules 

of the corresponding onshore area 

(COA) into 40 CFR part 55. 

On February 27, 2008 (73 FR 10406), 

EPA proposed to incorporate various 

Massachusetts air pollution control 

requirements into 40 CFR part 55. These 

requirements are being promulgated in 

response to the submittal of a Notice of 

Intent (NOI) on December 7, 2007 by 

Cape Wind Associates, LLC of Boston, 

Massachusetts. EPA has evaluated the 

proposed requirements to ensure that 

they are rationally related to the 

attainment or maintenance of federal or 

state ambient air quality standards or 

Part C of title I of the Act, that they are 

not designed expressly to prevent 

exploration and development of the 

OCS and that they are applicable to OCS 

sources. 40 CFR 55.1. EPA has also 

evaluated the rules to ensure that they 

are not arbitrary or capricious. 40 CFR 

55.12(e). In addition, EPA has excluded 

administrative or procedural rules. 

Section 328(a) of the Act and 40 CFR 

part 55 limit EPA’s flexibility in 

deciding which requirements will be 

incorporated into part 55 and prevent 

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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 53719 

EPA from making substantive changes 

to the requirements it incorporates. As 

a result, EPA may be incorporating rules 

into part 55 that do not conform to all 

of EPA’s state implementation plan 

(SIP) guidance or certain requirements 

of the Act. Consistency updates may 

result in the inclusion of state or local 

rules or regulations into part 55, even 

though the same rules may ultimately be 

disapproved for inclusion as part of the 

SIP. Inclusion in the OCS rule does not 

imply that a rule meets the requirements 

of the Act for SIP approval, nor does it 

imply that the rule will be approved by 

EPA for inclusion in the SIP. 

II. Public Comment 

EPA received comments on the 

proposed consistency update from Cape 

Wind Associates. Summaries of those 

comments and EPA’s responses are as 

follows. 

Comment: Cape Wind Associates 

(CWA) recognizes EPA’s approach to the 

consistency review is to include all state 

requirements that could potentially 

apply to any OCS source. CWA wants 

EPA to confirm that the ultimate 

applicability of any specific rule to Cape 

Wind is to be determined on a case-bycase basis, consistent with the unique 

attributes of each OCS source, COA and 

the mandate to attain and maintain 

ambient air quality. 

Response: Section 328 of the Act 

requires that for sources located within 

25 miles of a state’s seaward boundary, 

the requirements shall be the same as 

would be applicable if the sources were 

located in the corresponding onshore 

area. EPA’s action specifies the OCS 

requirements that will apply to any OCS 

source for which Massachusetts is the 

COA. The intended effect of approving 

the OCS requirements is to regulate 

emissions from OCS sources in 

accordance with the requirements 

onshore, to the extent those 

requirements are applicable to OCS 

sources and as modified by the 

requirements of section 328 and 40 CFR 

part 55. In updating 40 CFR part 55, 

EPA reviewed the Commonwealth’s 

rules to ensure that they are rationally 

related to the attainment or maintenance 

of federal or state ambient air quality 

standards or part C of title I of the Act, 

that they are not designed expressly to 

prevent exploration and development of 

the OCS and that they are applicable to 

OCS sources. By contrast, when 

permitting a source, EPA determines 

which requirements apply to that 

source. Therefore, upon receipt of a 

permit application for any proposed 

OCS source (including Cape Wind), EPA 

will determine which of the regulations 

included in part 55 apply to that OCS 

source. 

Comment: CWA would like EPA in 

the consistency update to devote 

substantial attention to the nature and 

environmental policy implications of 

the type of construction-stage sources 

presented in the NOI, and the 

subsequent and resulting benefits of an 

operating renewable energy project to 

air quality attainment and maintenance. 

Response: As stated above, the 

purpose of the consistency update is to 

establish OCS requirements that 

regulate emissions from OCS sources in 

accordance with the requirements 

onshore. Although the proposed 

consistency update was triggered by 

Cape Wind’s Notice of Intent, a part 55 

consistency update applies not just to 

the OCS source identified in the Notice 

of Intent, but rather any source located 

in the OCS for which the identified 

onshore area (in this case, 

Massachusetts) is the COA. 

Consequently, EPA does not consider 

the characteristics of particular 

proposed OCS sources in determining 

which state requirements are applicable 

on the OCS. 

Comment: CWA suggests in its 

comments that the consistency update 

may conflict with regulations currently 

being developed by the Minerals 

Management Service (‘‘MMS’’) pursuant 

to the Energy Policy Act of 2005 (Pub. 

L. 109–58, codified in relevant part at 43 

U.S.C. 1337(p)). CWA expresses general 

concern with the prospect of 

inconsistent regulatory actions and 

comments that the consistency update 

should be treated as a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 (58 FR 51735) and a 

‘‘significant energy action’’ under 

Executive Order 13211 (66 FR 28355). 

Response: EPA has considered the 

potential for the consistency update to 

conflict with the actions of MMS and 

determined that the consistency update 

does not meet the definition of 

significant regulatory action under 

section 3 of Executive Order 12866 

because it is not likely to ‘‘[c]reate a 

serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency.’’ 

The consistency update simply 

updates the existing requirements for 

controlling air pollution from OCS 

sources to make them consistent with 

rules in the corresponding onshore areas 

as specifically required by section 328 

of the Act. This action is not 

discretionary on the part of EPA. The 

authority of MMS to regulate leases, 

easements, or rights-of-way on the outer 

continental shelf that ‘‘produce or 

support [the] production, transportation, 

or transmission of energy from sources 

other than oil or natural gas’’ under the 

Energy Policy Act of 2005 does not 

present a conflict. See 43 U.S.C. 

1337(p)(1)(C). The Energy Policy Act 

explicitly states that ‘‘[n]othing in this 

subsection displaces, supersedes, limits, 

or modifies the jurisdiction, 

responsibility, or authority of any 

Federal or State agency under any other 

Federal law.’’ 43 U.S.C. 1337(p)(9). As 

EPA is required by the Clean Air Act to 

issue the consistency update, the 

consistency update is enacted under an 

authority not displaced by the authority 

granted to the MMS and no actual 

conflict will occur. 

Since EPA proposed its consistency 

update, MMS has issued its proposed 

regulations. See Alternative Energy and 

Alternate Uses of Existing Facilities on 

the Outer Continental Shelf, 73 FR 

39376 (July 9, 2008). EPA has found no 

possible conflict between this action 

and MMS’s proposed regulations. 

Indeed, MMS’s proposed rule 

specifically states that proposed OCS 

sources (other than those in the western 

Gulf of Mexico, for which MMS itself 

establishes the air pollution 

requirements) must comply with the Act 

and 40 CFR part 55. See 73 FR at 39384, 

39429, 39431, 39498. Consequently, 

there is no conflict. Because the 

consistency update will not conflict 

with actions taken by MMS pursuant to 

the Energy Policy Act of 2005, the 

consistency update is not an 

‘‘inconsistent, incompatible, or 

duplicative’’ regulation and is not 

rendered a significant regulatory action 

under Executive Order 12866. 

Executive Order 13211 outlines 

additional procedures to be followed 

when a regulation is both a significant 

regulatory action under Executive Order 

12866 and is either ‘‘likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy,’’ or is 

designated by the Administrator of the 

Office of Information and Regulatory 

Affairs. Since the consistency update is 

not a significant regulatory action under 

Executive Order 12866, it is not a 

significant energy action under 

Executive Order 13211. 

Finally, even if the consistency 

update were a significant regulatory 

action under Executive Order 12866, 

EPA has no reason to believe that 

updating the existing requirements for 

controlling air pollution from outer 

continental shelf sources to make them 

consistent with rules already applied to 

sources in the corresponding onshore 

areas would be ‘‘likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy’’ within 

the meaning of section 4(b)(1)(ii) of 

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53720 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

Executive Order 13211. Therefore, even 

if the consistency update were a 

significant regulatory action under 

Executive Order 12866, it would not be 

a significant energy action under 

Executive Order 13211. 

III. EPA Action 

In this document, EPA takes final 

action to incorporate the proposed 

changes into 40 CFR part 55. No 

changes were made to the proposed 

action. EPA is approving the proposed 

action under section 328(a)(1) of the 

Act, 42 U.S.C. 7627. Section 328(a) of 

the Act requires that EPA establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of states’ seaward boundaries that 

are the same as onshore requirements. 

To comply with this statutory mandate, 

EPA must incorporate applicable 

onshore rules into part 55 as they exist 

onshore. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to establish 

requirements to control air pollution 

from OCS sources located within 25 

miles of States’ seaward boundaries that 

are the same as onshore air control 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. 42 

U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, 

in promulgating OCS consistency 

updates, EPA’s role is to maintain 

consistency between OCS regulations 

and the regulations of onshore areas, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action simply updates the existing OCS 

requirements to make them consistent 

with requirements onshore, without the 

exercise of any policy discretion by 

EPA. For that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it does not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

nor does it impose substantial direct 

compliance costs on tribal governments, 

nor preempt tribal law. 

Under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., OMB has approved the 

information collection requirements 

contained in 40 CFR part 55 and, by 

extension, this update to the rules, and 

has assigned OMB control number 

2060–0249. Notice of OMB’s approval of 

EPA Information Collection Request 

(‘‘ICR’’) No. 1601.06 was published in 

the Federal Register on March 1, 2006 

(71 FR 10499–10500). The approval 

expires January 31, 2009. As EPA 

previously indicated (70 FR 65897– 

65898 (November 1, 2005)), the annual 

public reporting and recordkeeping 

burden for collection of information 

under 40 CFR part 55 is estimated to 

average 549 hours per response. Burden 

means the total time, effort, or financial 

resources expended by persons to 

generate, maintain, retain, or disclose or 

provide information to or for a Federal 

agency. This includes the time needed 

to review instructions; develop, acquire, 

install, and utilize technology and 

systems for the purposes of collecting, 

validating, and verifying information, 

processing and maintaining 

information, and disclosing and 

providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9 and are 

identified on the form and/or 

instrument, if applicable. In addition, 

the table in 40 CFR part 9 of currently 

approved OMB control numbers for 

various regulations lists the regulatory 

citations for the information 

requirements contained in 40 CFR part 

55. 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 17, 

2008. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Continental Shelf, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 53721 

Dated: August 18, 2008. 

Ira W. Leighton, 

Acting Regional Administrator, EPA New 

England. 

■ For the reasons stated in the preamble, 

title 40, chapter I of the Code of Federal 

Regulations, is amended as follows: 

PART 55—[AMENDED] 

■ 1. The authority citation for part 55 

continues to read as follows: 

Authority: Section 328 of the Act (42 

U.S.C. 7401, et seq.) as amended by Public 

Law 101–549. 

■ 2. Section 55.14 is amended as 

follows: 

■ a. By adding paragraph (d)(11). 

■ b. In paragraph (e) introductory text 

by adding a new address after the words 

‘‘regional offices:’’. 

■ c. By adding paragraph (e)(11). 

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’ 

seaward boundaries, by State. 

* * * * * 

(d) * * * 

(11) Massachusetts. 

(i) 40 CFR part 52, subpart W. 

(ii) [Reserved] 

* * * * * 

(e) * * * U.S.EPA, Region 1 

(Massachusetts) One Congress Street, 

Boston, MA 02114–2023 * * * 

* * * * * 

(11) Massachusetts. 

(i) State requirements. 

(A) Commonwealth of Massachusetts 

Requirements Applicable to OCS 

Sources, December 28, 2007. 

(B) [Reserved] 

(ii) Local requirements. 

(A) [Reserved] 

* * * * * 

■ 3. Appendix A to CFR part 55 is 

amended by adding an entry for 

Massachusetts in alphabetical order to 

read as follows: 

Appendix A to Part 55—Listing of State 

and Local Requirements Incorporated 

by Reference Into Part 55, by State 

* * * * * 

Massachusetts 

(a) State requirements. 

(1) The following Commonwealth of 

Massachusetts requirements are applicable to 

OCS Sources, December 28, 2007, 

Commonwealth of Massachusetts— 

Department of Environmental Protection. The 

following sections of 310 CMR 4.00, 310 

CMR 6.00, 310 CMR 7.00 and 310 CMR 8.00: 

310 CMR 4.00: Timely Action Schedule and 

Fee Provisions 

Section 4.01: Purpose, Authority and General 

Provisions (Effective 10/19/2007) 

Section 4.02: Definitions (Effective 10/19/ 

2007) 

Section 4.03: Annual Compliance Assurance 

Fee (Effective 10/19/2007) 

310 CMR 6.00: Ambient Air Quality 

Standards for the Commonwealth of 

Massachusetts 

Section 6.01: Definitions (Effective 12/28/ 

2007) 

Section 6.02: Scope (Effective 12/28/2007) 

Section 6.03: Reference Conditions (Effective 

12/28/2007) 

Section 6.04: Standards (Effective 12/28/ 

2007) 

310 CMR 7.00: Air Pollution Control 

Section 7.00: Statutory Authority; Legend; 

Preamble; Definitions (Effective 12/28/ 

2007) 

Section 7.01: General Regulations to Prevent 

Air Pollution (Effective 12/28/2007) 

Section 7.02: U Plan Approval and Emission 

Limitations (Effective 12/28/2007) 

Section 7.03: U Plan Approval Exemptions: 

Construction Requirements (Effective 12/ 

28/2007) 

Section 7.04: U Fossil Fuel Utilization 

Facilities (Effective 12/28/2007) 

Section 7.05: U Fuels All Districts (Effective 

12/28/2007) 

Section 7.06: U Visible Emissions (Effective 

12/28/2007) 

Section 7.07: U Open Burning (Effective 12/ 

28/2007) 

Section 7.08: U Incinerators (Effective 12/28/ 

2007) 

Section 7.09: U Dust, Odor, Construction and 

Demolition (Effective 12/28/2007) 

Section 7.11: U Transportation Media 

(Effective 12/28/2007) 

Section 7.12: U Source Registration (Effective 

12/28/2007) 

Section 7.13: U Stack Testing (Effective 12/ 

28/2007) 

Section 7.14: U Monitoring Devices and 

Reports (Effective 12/28/2007) 

Section 7.15: U Asbestos (Effective 12/28/ 

2007) 

Section 7.18: U Volatile and Halogenated 

Organic Compounds (Effective 12/28/2007) 

Section 7.19: U Reasonably Available Control 

Technology (RACT) for Sources of Oxides 

of Nitrogen (NOX) (Effective 12/28/2007) 

Section 7.21: Sulfur Dioxide Emissions 

Limitations (Effective 12/28/2007) 

Section 7.22: Sulfur Dioxide Emissions 

Reductions for the Purpose of Reducing 

Acid Rain (Effective 12/28/2007) 

Section 7.24: U Organic Material Storage and 

Distribution (Effective 12/28/2007) 

Section 7.25: U Best Available Controls for 

Consumer and Commercial Products 

(Effective 12/28/2007) 

Section 7.26: Industry Performance 

Standards (Effective 12/28/2007) 

Section 7.27: NOX Allowance Program 

(Effective 12/28/2007) 

Section 7.28: NOX Allowance Trading 

Program (Effective 12/28/2007) 

Section 7.29: Emissions Standards for Power 

Plants (Effective 12/28/2007) 

Section 7.60: U Severability (Effective 12/28/ 

2007) 

Section 7.00: Appendix A (Effective 12/28/ 

2007) 

Section 7.00: Appendix B (Effective 12/28/ 

2007) 

Section 7.00: Appendix C (Effective 12/28/ 

2007) 

310 CMR 8.00: The Prevention and/or 

Abatement of Air Pollution Episode and Air 

Pollution Incident Emergencies 

Section 8.01: Introduction (Effective 12/28/ 

2007) 

Section 8.02: Definitions (Effective 12/28/ 

2007) 

Section 8.03: Air Pollution Episode Criteria 

(Effective 12/28/2007) 

Section 8.04: Air Pollution Episode Potential 

Advisories (Effective 12/28/2007) 

Section 8.05: Declaration of Air Pollution 

Episodes and Incidents (Effective 12/28/ 

2007) 

Section 8.06: Termination of Air Pollution 

Episodes and Incident Emergencies 

(Effective 12/28/2007) 

Section 8.07: Emission Reductions Strategies 

(Effective 12/28/2007) 

Section 8.08: Emission Reduction Plans 

(Effective 12/28/2007) 

Section 8.15: Air Pollution Incident 

Emergency (Effective 12/28/2007) 

Section 8.30: Severability (Effective 12/28/ 

2007) 

(2) [Reserved] 

* * * * * 

[FR Doc. E8–21486 Filed 9–16–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0791; FRL–8374–1] 

Inert Ingredient: Exemption From the 

Requirement of a Tolerance for 

amylopectin, acid-hydrolyzed, 

1-octenylbutanedioate and for 

amylopectin, hydrogen 

1-octadecenylbutanedioate 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

exemptions from the requirement of a 

tolerance for residues of amylopectin, 

acid-hydrolyzed, 1-octenylbutanedioate 

(CAS Reg. No. 113894–85–2) and for 

amylopectin, hydrogen 1- 

octadecenylbutanedioate (CAS Reg. No. 

125109–81–1) when used in 

antimicrobial formulations (food-contact 

surface sanitizing solutions) under 40 

CFR 180.940(a), and when used in 

accordance with good agricultural or 

manufacturing practice under 40 CFR 

180.950. The petitioner, Lewis & 

Harrison, LLC, on behalf of Alco 

Chemical, submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), as amended by 

the Food Quality Protection Act of 1996 

(FQPA), requesting an exemption from 

the requirement of a tolerance. This 

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