Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 47993 

1Airborne particulate matter (PM) with a nominal 

aerodynamic diameter of 2.5 micrometers or less (a 

micrometer is one-millionth of a meter, and 2.5 

micrometers is less than one-seventh the average 

width of a human hair) are considered to be ‘‘fine 

particles’’ and are also known as PM2.5. Fine 

particles in the atmosphere are made up of a 

complex mixture of components including sulfate; 

nitrate; ammonium; elemental carbon; a great 

variety of organic compounds; and inorganic 

material (including metals, dust, sea salt, and other 

trace elements) generally referred to as ‘‘crustal’’ 

material, although it may contain material from 

other sources. The health effects associated with 

exposure to PM2.5 include potential aggravation of 

respiratory and cardiovascular disease (i.e., lung 

disease, decreased lung function, asthma attacks 

and certain cardiovascular issues). On July 18, 

1997, EPA revised the NAAQS for PM to add new 

standards for fine particles, using PM2.5 as the 

indicator. Previously, EPA used PM10 (inhalable 

particles smaller than or equal to 10 micrometers 

in diameter) as the indicator for the PM NAAQS. 

EPA established health-based (primary) annual and 

24-hour standards for PM2.5, setting an annual 

standard at a level of 15.0 micrograms per cubic 

meter (mg/m3) and a 24-hour standard at a level of 

65 mg/m3 (62 FR 38652). At the time the 1997 

primary standards were established, EPA also 

established welfare-based (secondary) standards 

identical to the primary standards. The secondary 

standards are designed to protect against major 

environmental effects of PM2.5, such as visibility 

impairment, soiling, and materials damage. On 

October 17, 2006, EPA revised the primary and 

secondary 24-hour NAAQS for PM2.5 to 35 mg/m3

and retained the existing annual PM2.5 NAAQS of 

15.0 mg/m3 (71 FR 61236). On January 15, 2013, 

EPA published a final rule revising the annual 

PM2.5 NAAQS to 12 mg/m3(78 FR 3086). 

2The PM2.5 Condensables Correction Rule and the 

GHG Step 3 Rule are discussed in more detail in 

Continued 

public comments received would then 

be addressed in a subsequent final rule 

based on the proposed rule, and that 

EPA would not institute a second 

comment period on this action. 

EPA received one adverse comment 

from a single Commenter on the portion 

of the direct final rule that made 

changes to Rule 391–3–1–.02(7) only, as 

submitted in the November 12, 2014, 

SIP revision. As a result of the comment 

received, EPA is withdrawing the direct 

final rule. EPA will address the 

comment in a separate final action 

based on the proposed action also 

published on August 15, 2017 (82 FR 

38646). EPA will not open a second 

comment period for this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Sulfur oxides, Volatile organic 

compounds 

Dated: September 29, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ Accordingly, the amendments to 40 

CFR 52.570(c) published on August 15, 

2017 (82 FR 38605), are withdrawn 

effective October 16, 2017. 

[FR Doc. 2017–22251 Filed 10–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0078; FRL–9969–43– 

Region 4] 

Air Plan Approval; Georgia: New 

Source Review Updates 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve changes to the Georgia State 

Implementation Plan (SIP) to revise new 

source review (NSR) permitting 

regulations. EPA is approving a SIP 

revision submitted by the State of 

Georgia, through the Georgia 

Department of Natural Resources’ 

Environmental Protection Division (GA 

EPD), on December 15, 2011, July 25, 

2014, and November 12, 2014. This 

action is being taken pursuant to the 

Clean Air Act (CAA or Act). 

DATES: This rule is effective November 

15, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0078. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information 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 Air Regulatory Management Section, 

Air Planning and Implementation 

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: D. 

Brad Akers, Air Regulatory Management 

Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Mr. Akers 

can be reached via telephone at (404) 

562–9089 or via electronic mail at 

akers.brad@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is the Agency taking? 

On November 12, 2014, GA EPD 

submitted a SIP revision to EPA for 

approval that involves changes to 

Georgia’s regulations to make them 

consistent with federal requirements for 

NSR permitting, among other changes. 

As described below, EPA is approving 

certain portions of this Georgia 

submission that makes changes to Rule 

391–3–1–.02(7)—‘‘Prevention of 

Significant Deterioration of Air Quality 

(PSD),’’ which applies to the 

construction and modification of any 

major stationary source in areas 

designated as attainment or 

unclassifiable as required by part C of 

title I of the CAA. Georgia’s PSD 

regulations at Rule 391–3–1–.02(7) were 

last updated in the SIP on April 9, 2013. 

See 78 FR 21065. EPA is also approving 

Rule 391–3–1.03(8)—‘‘Permit 

Requirements’’ at paragraph (g), which 

revises NNSR rules, and at paragraph (d) 

as explained in the August 15, 2017 (82 

FR 38646) direct final rule. 

Georgia’s November 12, 2014 SIP 

revision makes changes to the PSD 

regulations to reflect changes to the 

federal PSD regulations at 40 CFR 52.21, 

including provisions promulgated in the 

following federal rule: ‘‘Implementation 

of the New Source Review (NSR) 

Program for Particulate Matter Less 

Than 2.5 Micrometers (PM2.5): 1

Amendment to the Definition of 

‘Regulated NSR Pollutant’ Concerning 

Condensable Particulate Matter,’’ Final 

Rule, 77 FR 65107 (October 25, 2012) 

(hereinafter referred to as the PM2.5

Condensables Correction Rule). 

Georgia’s November 12, 2014 SIP 

revision also makes changes to Georgia’s 

PSD program to incorporate plantwide 

applicability limits (PALs) for 

greenhouse gases (GHGs) as allowed in 

the federal rule entitled ‘‘Prevention of 

Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule Step 3 

and GHG Plantwide Applicability 

Limits.’’ See 77 FR 41051 (July 12, 2012) 

(hereinafter referred to as the GHG Step 

3 Rule).2


jstallworth on DSKBBY8HB2PROD with RULES
47994 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 

the August 15, 2017 direct final rule, which is being 

withdrawn in the rules section of this Federal 

Register. See 82 FR 38605. 

3 In the December 1, 2016 letter, Georgia also 

withdrew changes regarding the term ‘‘regulated 

NSR pollutant’’ at Rule 391–3–1–.02(7)(a)(2)(ix). 

The December 1, 2016 letter is included in the 

docket for this action. 

4On January 2, 2011, GHG emissions were, for 

the first time, covered by the PSD and title V 

operating permit programs. See 75 FR 17004 (April 

2, 2010). To establish a process for phasing in the 

permitting requirements for stationary sources of 

GHGs under the CAA PSD and title V programs, on 

June 3, 2010, the EPA published a final rule entitled 

‘‘Prevention of Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule’’ (hereinafter 

referred to as the GHG Tailoring Rule). See 75 FR 

31514. In Step 1 of the GHG Tailoring Rule, which 

began on January 2, 2011, the EPA limited 

application of PSD and title V requirements to 

sources of GHG emissions only if they were subject 

to PSD or title V ‘‘anyway’’ due to their emissions 

of pollutants other than GHGs. These sources are 

referred to as ‘‘anyway sources.’’ In Step 2 of the 

GHG Tailoring Rule, which applied as of July 1, 

2011, the PSD and title V permitting requirements 

applied to some sources that were classified as 

major sources based solely on their GHG emissions 

or potential to emit GHGs. Step 2 also applied PSD 

permitting requirements to modifications of 

otherwise major sources that would increase only 

GHG emissions above the level in the EPA 

regulations. EPA generally described the sources 

covered by PSD during Step 2 of the GHG Tailoring 

Rule as ‘‘Step 2 sources’’ or ‘‘GHG-only sources.’’ 

5See Section I, above, for additional detail. 

6 62 FR 27968 (May 22, 1997). 

At this time, EPA is not acting on the 

changes to Rule 391–3–1–.01— 

‘‘Definitions,’’ at paragraphs (llll) and 

(nnnn), and Rule 391–3–1–.02(4)— 

‘‘Ambient Air Standards,’’ as included 

in the November 12, 2014 submittal, 

because EPA approved them on July 31, 

2015. See 80 FR 45609. 

EPA is also not acting on a change 

included in the November 12, 2014 

submittal at Rule 391–3–1– 

.02(7)(a)(2)(iv). This provision would 

have incorporated by reference the 

federal definition of the term ‘‘subject to 

regulation,’’ but provided that 

incorporation of the federal regulation 

would be automatically rescinded if 

certain triggering events occurred. EPA 

previously disapproved the portion of a 

January 13, 2011 SIP revision that 

sought to include Rule 391–3–1– 

.02(7)(a)(2)(iv) in the SIP. See 81 FR 

11438 (March 4, 2016). Because this 

provision is not part of Georgia’s SIP, 

EPA is not acting on the State’s 

proposed change to that provision. 

Finally, EPA is not acting on the 

changes included in the November 12, 

2014 submittal regarding a new 

definition of the term ‘‘regulated NSR 

pollutant’’ at Rule 391–3–1– 

.02(7)(a)(2)(ix) because Georgia 

withdrew these changes from EPA’s 

consideration in a December 1, 2016 

letter.3

II. Background 

On August 15, 2017 (82 FR 38646), 

EPA proposed to approve several 

changes to Georgia’s SIP, including 

changes to Rule 391–3–1–.02(7) in the 

State’s November 12, 2014, SIP revision 

adopting the PM2.5 Condensables 

Correction Rule and GHG PALs from the 

GHG Step 3 Rule. The proposed rule 

accompanied a direct final rule 

published on the same day in the 

Federal Register. See 82 FR 38605. EPA 

received an adverse comment on the 

portion of the rulemaking regarding the 

changes to Rule 391–3–1–.02(7) 

concerning GHG permitting. 

Accordingly, EPA is withdrawing the 

direct final action through a separate 

action published elsewhere in this issue 

of the Federal Register. EPA did not 

receive comments on Rule 391–3–1– 

.03(8)—‘‘Permit Requirements’’ see the 

August 15, 2017, direct final action for 

more information concerning the 

approval of this rule. 

III. Response to Comment 

As stated previously, EPA received 

one adverse comment on the direct final 

rule. This comment is located in the 

docket for this action, and a summary of 

the comment and EPA’s response is 

provided below. 

Comment: The Commenter ‘‘agree[d] 

with the action being taken,’’ but 

asserted that EPA should ‘‘require PSD 

permits for GHG only sources . . . and 

disapprove the Georgia SIP revision and 

put in place a FIP [Federal 

Implementation Plan] which would 

control GHGs of major stationary 

sources.’’ 4

Response: Georgia has a SIP-approved 

PSD program that includes the 

regulation of GHG-only sources under 

Step 2 of the GHG Tailoring Rule. See 

76 FR 55572 (September 8, 2011). 

Georgia did not request removal of the 

Step 2 regulations from its SIP in the 

November 12, 2014 SIP revision; 

therefore, Step 2 permitting is outside 

the scope of this action. As it relates to 

GHG permitting, this action only 

incorporates the GHG PAL provisions 

from EPA’s GHG Step 3 Rule into 

Georgia’s SIP. 

Although Step 2 permitting is beyond 

the scope of this action, EPA notes that 

the United States Supreme Court 

invalidated EPA’s regulation of Step 2 

sources in Utility Air Regulatory Group 

(UARG) v. EPA, 134 S. Ct. 2427 (2014). 

In accordance with this decision, the 

United States Court of Appeals for the 

District of Columbia Circuit vacated the 

federal regulations that implemented 

Step 2 of the GHG Tailoring Rule. See 

Coalition for Responsible Regulation, 

Inc. v. EPA, 606 Fed. Appx. 6, 7 (D.C. 

Cir. 2015). Subsequently, EPA removed 

the vacated elements from its rules. See 

80 FR 50199 (August 19, 2015). EPA 

therefore no longer has the authority to 

conduct PSD permitting for Step 2 

sources, approve provisions submitted 

by a state for inclusion in its SIP 

providing this authority, or put a FIP in 

place to permit Step 2 sources. 

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of Georgia Rule 391–3–1– 

.02(7)—‘‘Prevention of Significant 

Deterioration’’ at subparagraph (a)(1), 

effective October 14, 2014,5 which 

revises PSD rules, and Rule 391–3–1– 

.03(8) ‘‘Permit Requirements’’ at 

paragraph (g), effective September 13, 

2011, which revises NNSR rules, and at 

paragraph (d), effective August 1, 2013, 

which revises generally applicable 

permitting requirements. EPA has made, 

and will continue to make, these 

materials generally available through 

www.regulations.gov and/or at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.6

V. Final Action 

EPA is approving the aforementioned 

changes to the Georgia SIP regarding the 

PM2.5 Condensables Correction Rule and 

GHG PALs from the GHG Step 3 Rule, 

submitted on November 12, 2014, 

because they are consistent with the 

CAA and its implementing regulations. 

VI. 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. 

See 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. This action merely approves 

state law as meeting Federal 

requirements and does not impose 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 47995 

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 

mandates 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). 

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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 15, 2017. 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 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Sulfur oxides, Volatile organic 

compounds. 

Dated: September 29, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

40 CFR part 52 is 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. 

Subpart L—Georgia 

■ 2. Section 52.570(c) is amended by 

revising the entries ‘‘391–3–1–.02(7)’’ 

and ‘‘391–3–1–.03’’ to read as follows: 

§ 52.570 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED GEORGIA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

391–3–1–.02(7) .............. Prevention of Significant Deterioration of 

Air Quality (PSD).

10/14/2014 10/16/2017, [Insert citation of publication].EPA is not incorporating the revision to Georgia 

Rule 391–3–1–.02(7)(a)(2)(iv) included in 

Georgia’s November 12, 2014 SIP submittal 

because that provision is not in the SIP. See 

March 4, 2016 publication. 

The version of Georgia Rule 391–3–1–.02(7) in 

the SIP does not incorporate by reference: 

(1) The provisions amended in the Ethanol 

Rule to exclude facilities that produce ethanol 

through a natural fermentation process from 

the definition of ‘‘chemical process plants’’ in 

the major NSR source permitting program 

found at 40 CFR 52.21(b)(1)(i)(a) and 

(b)(1)(iii)(t), or (2) the provisions at 40 CFR 

52.21(b)(2)(v) and (b)(3)(iii)(c) that were 

stayed indefinitely by the Fugitive Emissions 

Interim Rule, see March 30, 2011 publication. 


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47996 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 

EPA-APPROVED GEORGIA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

391–3–1–.03 .................. Permits ......................... 8/1/2013 10/16/2017, [Insert citation of publication].Changes specifically to (8)—Permit Requirements at (d) (state effective August 1, 2013) 

and (g) (state effective September 13, 2011). 

* * * * * * * 

* * * * * 

[FR Doc. 2017–22250 Filed 10–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2016–0392; FRL–9966–73] 

Fenpicoxamid; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of fenpicoxamid 

(XDE 777) in or on banana, rye, and 

wheat. Dow AgroSciences LLC 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective 

October 16, 2017. Objections and 

requests for hearings must be received 

on or before December 15, 2017, 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–2016–0392, 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 is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael L. Goodis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; 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 EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2016–0392 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 December 15, 2017. 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– 

2016–0392, 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. Summary of Petitioned-For 

Tolerance 

In the Federal Register of December 

20, 2016 (81 FR 92758) (FRL–9956–04), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 5E8440) by Dow 

AgroSciences LLC, 9330 Zionsville Rd, 

Indianapolis, IN 46268. The petition 

requested that 40 CFR part 180 be 

amended by establishing tolerances for 

residues of the fungicide fenpicoxamid 

(XDE- 777) in or on banana at 0.1 parts 

per million (ppm), rye, grain and wheat, 

grain at 0.7 ppm; and residues of 

fenpicoxamid and its metabolite 

X12326349 expressed as fenpicoxamid 


jstallworth on DSKBBY8HB2PROD with RULES