27444 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This correction to 40 CFR 52 for Indiana 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 10, 2009. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Hazardous air pollutants, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: April 22, 2009. 

Walter W. Kovalick, Jr., 

Acting Regional Administrator, Region 5. 

■ 40 CFR Part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. Section 52.770 is amended by 

revising paragraph (c)(176) to read as 

follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

(176) On December 21, 2005, Indiana 

submitted revised regulations to the 

EPA. As a result, the compounds, 

1,1,1,2,2,3,3-heptafluoro-3-methoxypropane, 3-ethoxy1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2- 

(trifluoromethyl)hexane, 1,1,1,2,3,3,3- 

heptafluoropropane, and methyl 

formate, are added to the list of 

‘‘nonphotochemically reactive 

hydrocarbons’’ or ‘‘negligibly 

photochemically reactive compounds’’ 

in 326 IAC 1–2–48 and these 

compounds are deleted from the list of 

VOCs in 326 IAC 1–2–90. Companies 

producing or using the four compounds 

will no longer need to follow the VOC 

rules for these compounds. The 

requirements in 326 IAC 1–2–48 and 1– 

2–90 were also modified for the 

compound t-butyl acetate. It is not 

considered a VOC for emission limits 

and content requirements. T-butyl 

acetate will still be considered a VOC 

for the recordkeeping, emissions 

reporting, and inventory requirements. 

(i) Incorporation by reference. 

(A) Indiana Administrative Code Title 

326: Air Pollution Control Board, 

Article 1: General Provisions, Rule 2: 

Definitions, Section 48: 

‘‘‘Nonphotochemically reactive 

hydrocarbon’ or ‘negligibly 

photochemically reactive compounds’ 

defined’’, and Section 90: ‘‘ ‘Volatile 

organic compound’ or ‘VOC’ defined’’. 

Filed with the Secretary of State on 

October 20, 2005 and effective 

November 19, 2005. Published in 29 

Indiana Register 795–797 on December 

1, 2005. 

* * * * * 

[FR Doc. E9–13486 Filed 6–9–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–RO4–OAR–2008–0159(b); FRL–8912– 

9] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; City of Memphis, TN; 

Control of Emissions From Existing 

Hospital/Medical/Infectious Waste 

Incinerators 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving the Clean 

Air Act (CAA) section 111(d)/129 State 

Plan submitted by the Memphis-Shelby 

County Health Department (MSCHD) for 

the City of Memphis, Tennessee on 

February 16, 2006 (State Plan). The 

State Plan is for implementing and 

enforcing the Emissions Guidelines (EG) 

applicable to existing Hospital/Medical/ 

Infectious Waste Incinerator (HMIWI) 

units that commenced construction on 

or before June 20, 1996. 

DATES: This direct final rule will be 

effective August 10, 2009, unless EPA 

receives adverse comments by July 10, 

2009. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register and inform the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) by Docket ID No. EPA– 

R04–OAR–2008–0159 by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/RME, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the 

online instructions for submitting 

comments. 

3. E-mail: louis.egide@epa.gov. 

4. Fax: (404) 562–9095. 

5. Mail: ‘‘EPA–R04–OAR–2008– 

0159,’’ Air Toxics Assessment and 

Implementation Section, Air Toxics and 

Monitoring Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

6. Hand Delivery or Courier: Deliver 

your comments to: Dr. Egide N. Louis, 

Air Toxics and Monitoring Branch, U.S. 

Environmental Protection Agency, 

Region 4, 12th Floor, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

RME ID No. EPA–R04–OAR–2008–0159. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

docket.epa.gov/rmepub/, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through RME, regulations.gov 

or e-mail. The EPA RME Web site and 

the Federal regulations.gov Web site are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through RME or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

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Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 27445 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://docket.epa.gov/rmepub/. 

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 in RME or 

in hard copy at the Air Toxics 

Assessment and Implementation 

Section, Air Toxics and Monitoring 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

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

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

FOR FURTHER INFORMATION CONTACT: Dr. 

Egide Louis at (404) 562–9240. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 16, 2006, pursuant to the 

CAA sections 111 and 129, EPA 

promulgated new source performance 

standards (NSPS) applicable to new 

HMIWI units and EG applicable to 

existing HMIWI units. The NSPS and 

EG are codified at 40 CFR part 60, 

subparts Ce and Ec. Subparts Ce and Ec 

regulate the following: Particulate 

matter, opacity, sulfur dioxide, 

hydrogen chloride, oxides of nitrogen, 

carbon monoxide, lead, cadmium, 

mercury, and dioxins and 

dibenzofurans. 

For existing sources, CAA section 

129(b)(2) requires States to submit to 

EPA for approval State Plans that 

implement and enforce the EG 

contained in 40 CFR part 60, subpart Ce. 

State Plans must be at least as protective 

as the EG, and become federally 

enforceable upon approval by EPA. 

Pursuant to subpart Ce, State Plans must 

include the following nine items: An 

inventory of affected HMIWI units; an 

inventory of emissions from affected 

HMIWI units; compliance schedules for 

each affected HMIWI unit; operator 

training and qualification requirements, 

a waste management plan, and 

operating limits for affected HMIWI 

units; performance testing, 

recordkeeping, and reporting 

requirements; certification that a public 

hearing was held; provision for State 

progress reports to EPA; identification 

of enforceable State mechanisms for 

implementing the EG; and a 

demonstration of the State’s legal 

authority to carry out the State Plan. 

The procedures for adoption are 

codified in 40 CFR part 60, subpart B. 

In this action, EPA is approving the 

State Plan for existing HMIWI units 

submitted by MSCHD because it meets 

the requirements of 40 CFR part 60, 

subpart Ce. 

II. Discussion 

MSCHD’s 111(d)/129 State Plan for 

implementing and enforcing the EG for 

existing HMIWI units includes the 

following: Public Participation— 

Demonstration that the Public Had 

Adequate Notice and Opportunity to 

Submit Written Comments and Attend 

Public Hearing; Emissions Standards 

and Compliance Schedules; Emission 

Inventories, Source Surveillance, and 

Reports; and Legal Authority. EPA’s 

approval of the State Plan is based on 

our finding that it meets the nine 

requirements of 40 CFR part 60, subpart 

Ce. 

Requirements (1) and (2): Inventory of 

affected HMIWI units and inventory of 

emissions. MSCHD submitted an 

emissions inventory of all designated 

pollutants for existing HMIWI units 

under their jurisdiction in the City of 

Memphis. This portion of the State Plan 

has been reviewed and approved as 

meeting the Federal requirements for 

existing HMIWI units. 

Requirement (3): Compliance 

schedules for each affected HMIWI unit. 

MSCHD submitted the compliance 

schedule for existing HMIWI units 

under their jurisdiction in the City of 

Memphis. This portion of the State Plan 

has been reviewed and approved as 

being at least as protective as Federal 

requirements for existing HMIWI units. 

Requirement (4): Emission 

limitations, operator training and 

qualification requirements, a waste 

management plan, and operating limits 

for affected HMIWI units. MSCHD 

adopted all emission standards and 

limitations applicable to existing 

HMIWI units. These standards and 

limitations have been approved as being 

at least as protective as the Federal 

requirements contained in subpart Ce 

for existing HMIWI units. 

Requirement (5): Performance testing, 

recordkeeping, and reporting 

requirements. The State Plan contains 

requirements for monitoring, 

recordkeeping, reporting, and 

compliance assurance. This portion of 

the State Plan has been reviewed and 

approved as being at least as protective 

as the Federal requirements for existing 

HMIWI units. The MSCHD State Plan 

also includes its legal authority to 

require owners and operators of 

designated facilities to maintain records 

and report on the nature and amount of 

emissions and any other information 

that may be necessary to enable MSCHD 

to judge the compliance status of the 

facilities in the State Plan. MSCHD also 

submitted its legal authority to provide 

for periodic inspection and testing, and 

provisions for making reports of existing 

HMIWI unit emissions data, correlated 

with emission standards that apply, 

available to the general public. 

Requirement (6): Certification that a 

public hearing was held. MSCHD 

provided certification that a public 

hearing was held on April 3, 2003. 

Requirement (7): Provision for State 

progress reports to EPA. The MSCHD 

State Plan provides for progress reports 

of plan implementation updates to EPA 

on an annual basis. These progress 

reports will include the required items 

pursuant to 40 CFR part 60, subpart B. 

This portion of the State Plan has been 

reviewed and approved as meeting the 

Federal requirements for State Plan 

reporting. 

Requirement (8): Identification of 

enforceable State mechanisms for 

implementing the EG. An enforcement 

mechanism is a legal instrument by 

which MSCHD can enforce a set of 

standards and conditions. Pursuant to 

the authority of the Tennessee Code 

Annotated (T.C.A.) Section 68–201–115, 

MSCHD is authorized to enforce 

regulations and/or ordinances for the 

control of air pollution, which are as 

stringent as the State of Tennessee’s 

requirements. On March 2, 2004, the 

City of Memphis amended its Code of 

Ordinances to adopt Section 16–84.1, 

‘‘Emission Standards for Existing 

Hospital/Medical/Infectious Waste 

Incinerators (HMIWI),’’ which is 

equivalent to 40 CFR part 60, subpart 

Ce. Therefore, MSCHD’s mechanism for 

enforcing the standards and conditions 

of 40 CFR, part 60, subpart Ce is the City 

of Memphis Code, Section 16–84.1. On 

the basis of this rule and the rules 

identified in Requirement (9) below, the 

State Plan is approved as being at least 

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27446 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 

as protective as Federal requirements for 

existing HMIWI units. 

Requirement (9): A demonstration of 

the State’s legal authority to carry out 

the State Plan. MSCHD demonstrated 

legal authority to adopt emissions 

standards and compliance schedules for 

designated facilities; authority to 

enforce applicable laws, regulations, 

standards, and compliance schedules, 

and authority to seek injunctive relief; 

authority to obtain information 

necessary to determine whether 

designated facilities are in compliance 

with applicable laws, regulations, 

standards, and compliance schedules, 

including authority to require 

recordkeeping, make inspections, and 

conduct tests at designated facilities; 

authority to require owners or operators 

of designated facilities to install, 

maintain and use emission monitoring 

devices and to make periodic reports to 

MSCHD on the nature and amount of 

emissions from such facilities; and 

authority to make emissions data 

publicly available. 

MSCHD cites the following references 

for the legal authority noted above: 

Adopt emission standards and 

compliance schedules—T.C.A. Section 

68–201–115(b)(3), and the City of 

Memphis Code 16–84.1(c) and 16– 

84.1(d); enforce applicable laws, 

regulations, standards, and compliance 

schedules, and seek injunctive relief— 

T.C.A. 68–201–105, T.C.A. 68–201–108, 

T.C.A. 68–201–109, T.C.A. 68–201–110, 

and T.C.A. 68–201–112, and the City of 

Memphis Code 16–84.1; obtain 

information necessary to determine 

compliance—T.C.A. Section 68–201– 

105 and T.C.A. Section 68–201– 

115(b)(3); require recordkeeping, make 

inspections and conduct tests—City of 

Memphis Code 16–84.1(g), and 16– 

84.1(i), and T.C.A. 68–201–107; require 

the use of monitors and require 

emission reports of owners and 

operators—City of Memphis Code 16– 

84.1(h) and City of Memphis Code 16– 

84.1(i); and make emissions data 

publicly available—City of Memphis 

Code 16–84.1(i). 

EPA is approving the State Plan for 

existing HMIWI units submitted by 

MSCHD because it meets the nine 

requirements of 40 CFR part, 60, subpart 

Ce. 

III. Final Action 

In this action, EPA approves the 

111(d)/129 State Plan submitted by 

MSCHD for the City of Memphis to 

implement and enforce 40 CFR part 60, 

subpart Ce, as it applies to existing 

HMIWI units. EPA is publishing this 

rule without prior proposal because 

EPA views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the State Plan 

should adverse comments be filed. This 

rule will be effective August 10, 2009, 

without further notice unless the 

Agency receives adverse comments by 

July 10, 2009. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Parties interested in commenting on this 

action should do so at this time. If no 

such comments are received, this action 

is effective August 10, 2009 and no 

further action will be taken on the 

proposed rule. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule, and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this rule is not 

a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

State law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under State law and does not impose 

any additional enforceable duty beyond 

that required by State law, it 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). 

This rule also does not have Tribal 

implications because it will 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 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

rule also does not have federalism 

implications because it does 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 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule merely 

approves a State rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing 111(d)/129 plan 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. In this 

context, in the absence of a prior 

existing requirement for the State to use 

voluntary consensus standards (VCS), 

EPA has no authority to disapprove a 

111(d)/129 plan submission for failure 

to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a 111(d)/129 plan 

submission, to use VCS in place of a 

111(d)/129 plan submission that 

otherwise satisfies the provisions of the 

Clean Air Act. Thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) do not 

apply. This rule does not impose an 

information collection burden under the 

provisions of Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501 et seq.). 

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 rule 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. 

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Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations 27447 

This rule 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 within 60 days from 

the effective date of this rule. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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 rule may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection; 

Administrative practice and procedure; 

Air pollution control; Intergovernmental 

relations; Reporting and recordkeeping 

requirements. 

Dated: April 10, 2009. 

Beverly H. Banister, 

Acting, Regional Administrator, Region 4. 

■ 40 CFR part 62, subpart RR, is 

amended as follows: 

PART 62—[AMENDED] 

■ 1. The authority citation for Part 62 

continues to read as follows: 

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

Subpart RR—Tennessee 

■ 2. Section 62.10626 is amended by 

adding paragraphs (b)(6) and (c)(3) to 

read as follows: 

§ 62.10626 Identification of plan. 

* * * * * 

(b) * * * 

(6) City of Memphis Implementation 

Plan: Federal Emission Guidelines 

Hospital/Medical/Infectious Waste 

Incinerators (HMIWI), submitted on 

February 16, 2006, by the Memphis and 

Shelby County Health Department. 

(c) * * * 

(3) Existing Hospital/Medical/ 

Infectious Waste Incinerators 

■ 3. Part 62 is amended by adding a new 

undesignated center heading to subpart 

RR and a new § 62.10632 to read as 

follows: 

Air Emissions From Existing Hospital/ 

Medical/Infectious Waste Incinerators 

(HMIWI)—Section 111(d)/129 Plan 

§ 62.10632 Identification of sources. 

The Plan applies to all existing HMWI 

facilities at St. Jude Children’s Hospital 

in the City of Memphis, for which 

construction was commenced on or 

before June 20, 1996. 

[FR Doc. E9–13595 Filed 6–9–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–0395; FRL–8412–1] 

Residues of Silver in Foods from Food 

Contact Surface Sanitizing Solutions; 

Exemption from the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation amends the 

exemption from the requirement of a 

tolerance for residues of silver (excludes 

silver salts) in or on all foods when 

applied or used in public eating places, 

dairy processing equipment, and foodprocessing equipment. ETO H2O, Inc., 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

requesting to establish concentration 

limits for silver in end-use solutions 

eligible for tolerance exemption. The 

regulation being established will exempt 

all foods from the requirement of a 

tolerance for residues of silver resulting 

from contact with surfaces treated with 

solutions in which the end-use 

concentration of silver is not to exceed 

50 parts per million (ppm). 

DATES: This regulation is effective June 

10, 2009. Objections and requests for 

hearings must be received on or before 

August 10, 2009 and must be filed in 

accordance with the itructions provided 

in 40 CFR part 178 (see also Unit I.C. of 

the SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–0395. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. Although listed in the 

index, some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Building), 2777 S. 

Crystal Drive Arlington, VA. The hours 

of operation of this Docket Facility are 

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

through Friday, excluding legal 

holidays. The Docket telephone number 

is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Marshall Swindell, Antimicrobials 

Division (7510P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–6341; e-mail address: 

swindell.marshal@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 a dairy cattle milk 

producer, food manufacturer, or 

beverage manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Food Manufacturing (NAICS code 

311). 

• Beverage Manufacturing (NAICS 

code 3121). 

• Dairy Cattle Milk Production 

(NAICS code 11212). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

40 CFR 180.940 (a) Tolerance 

exemptions for active and inert 

ingredients for use in antimicrobial 

formulations (Food-contact surface 

sanitizing solutions). If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

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