Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 55991 Administrator of this final rule does not reference, Ozone, Volatile organic Subpart S—Kentucky affect the finality of this action for the compounds. purposes of judicial review nor does it Dated: September 1, 2010. ■ 2. Section 52.920(c) Table 1 is extend the time within which a petition Beverly H. Banister, amended by revising the entries for ‘‘401 for judicial review may be filed, and KAR 51:001,’’ ‘‘401 KAR 51:017,’’ and Acting Regional Administrator, Region 4. shall not postpone the effectiveness of ‘‘401 KAR 51:052’’ to read as follows: such rule or action. This action may not ■ 40 CFR part 52 is amended as follows: be challenged later in proceedings to § 52.920 Identification of plan. enforce its requirements. (See section PART 52—[AMENDED] * * * * * 307(b)(2).) (c) * * * List of Subjects in 40 CFR Part 52 ■ 1. The authority citation for part 52 continues to read as follows: Environmental protection, Air pollution control, Incorporation by Authority: 42 U.S.C. 7401 et seq. TABLE 1—EPA-APPROVED KENTUCKY APPROVED KENTUCKY REGULATIONS State citation Title/subject State effective date EPA approval date Explanation ******* Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards 401 KAR 51:001 ......... Definitions for 401 2/5/2010 9/15/2010 [Insert cita- Except the phrase ‘‘except ethanol produc- KAR Chapter 51. tion of publication]. tion facilities producing ethanol by natural fermentation under the North American Industry Classification System (NAICS) codes 325193 or 312140,’’ in 401 KAR 51:001 Section 1 (118)(1)(b)(i) and the phrase ‘‘except ethanol production facili- ties producing ethanol by natural fer- mentation under NAICS codes 325193 or 312140,’’ in 401 KAR 51:001 Section 1(118) (2)(c)(20). ******* 401 KAR 51:017 ......... Prevention of signifi- 2/5/2010 9/15/2010 [Insert cita- Except the phrase ‘‘except ethanol produc- cant deterioration tion of publication]. tion facilities producing ethanol by natural of air quality. fermentation under the North American Industry Classification System (NAICS) codes 325193 or 312140;’’ in 401 KAR 51:017 Section 7(1)(c)20. 401 KAR 51:052 ......... Review of new 2/5/2010 9/15/2010 [Insert cita- Except the phrase ‘‘except ethanol produc- sources in or im- tion of publication]. tion facilities producing ethanol by natural pacting upon non- fermentation under the North American attainment areas. Industry Classification System (NAICS) codes 325193 or 312140,’’ in 401 KAR 51:052 Section 2 (3)(t). ******* * * * * * SUMMARY: This regulation establishes an DATES: This regulation is effective [FR Doc. 2010–22856 Filed 9–14–10; 8:45 am] exemption from the requirement of a September 15, 2010. Objections and BILLING CODE 6560–50–P tolerance for residues of ammonium requests for hearings must be received formate (CAS Reg. No. 540–69–2) when on or before November 15, 2010, and used as an inert ingredient (complexing must be filed in accordance with the ENVIRONMENTAL PROTECTION or fixing agent with copper compounds) instructions provided in 40 CFR part AGENCY in pesticide formulations for certain pre- 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). 40 CFR Part 180 harvest uses. Phyton Corporation submitted a petition to EPA under the ADDRESSES: EPA has established a [EPA–HQ–OPP–2006–0121; FRL–8839–3] Federal Food, Drug, and Cosmetic Act docket for this action under docket (FFDCA), requesting establishment of an identification (ID) number EPA–HQ– Ammonium Formate; Exemption from exemption from the requirement of a OPP–2006–0121. All documents in the the Requirement of a Tolerance tolerance. This regulation eliminates the docket are listed in the docket index AGENCY: Environmental Protection need to establish a maximum available at http://www.regulations.gov. Agency (EPA). permissible level for residues of Although listed in the index, some information is not publicly available, ACTION: Final rule. ammonium formate. e.g., Confidential Business Information VerDate Mar<15>2010 18:17 Sep 14, 2010 Jkt 220001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM 15SER1 mstockstill on DSKH9S0YB1PROD with RULES 55992 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations (CBI) or other information whose C. Can I File an Objection or Hearing petition requested that 40 CFR 180.920 disclosure is restricted by statute. Request? be amended by establishing an Certain other material, such as Under section 408(g) of FFDCA, 21 exemption from the requirement of a copyrighted material, is not placed on U.S.C. 346a, any person may file an tolerance for residues of ammonium the Internet and will be publicly objection to any aspect of this regulation formate (CAS Reg. No. 540–69–2) when available only in hard copy form. and may also request a hearing on those used as an inert ingredient (complexing Publicly available docket materials are objections. The EPA procedural or fixing agent) with the active ingredient copper in pesticide available in the electronic docket at regulations which govern the formulations applied to growing crops. http://www.regulations.gov, or, if only submission of objections and requests That notice referenced a summary of the available in hard copy, at the OPP for hearings appear in 40 CFR part 178. petition which is available in the Regulatory Public Docket in Rm. S– You must file your objection or request docket, http://www.regulations.gov. 4400, One Potomac Yard (South Bldg.), a hearing on this regulation in There were no comments received in 2777 S. Crystal Dr., Arlington, VA. The accordance with the instructions Docket Facility is open from 8:30 a.m. response to the notice of filing. provided in 40 CFR part 178. To ensure Based upon review of the data to 4 p.m., Monday through Friday, proper receipt by EPA, you must excluding legal holidays. The Docket supporting the petition, EPA has identify docket ID number EPA–HQ– modified the exemption requested to Facility telephone number is (703) 305– OPP–2006–121 in the subject line on the 5805. not restrict to use with the active first page of your submission. All ingredient copper. No limitations are FOR FURTHER INFORMATION CONTACT: objections and requests for a hearing necessary because no hazard was Alganesh Debesai, Registration Division must be in writing, and must be identified. (7505P), Office of Pesticide Programs, received by the Hearing Clerk on or Environmental Protection Agency, 1200 before November 15, 2010. Addresses III. Inert Ingredient Definition Pennsylvania Ave., NW., Washington, for mail and hand delivery of objections Inert ingredients are all ingredients DC 20460–0001; telephone number: and hearing requests are provided in 40 that are not active ingredients as defined (703) 308–8353; e-mail address: CFR 178.25(b). in 40 CFR 153.125 and include, but are [email protected]. In addition to filing an objection or not limited to, the following types of hearing request with the Hearing Clerk SUPPLEMENTARY INFORMATION: ingredients (except when they have a as described in 40 CFR part 178, please pesticidal efficacy of their own): I. General Information submit a copy of the filing that does not Solvents such as alcohols and contain any CBI for inclusion in the A. Does this Action Apply to Me? hydrocarbons; surfactants such as public docket that is described in polyoxyethylene polymers and fatty You may be potentially affected by ADDRESSES. Information not marked acids; carriers such as clay and this action if you are an agricultural confidential pursuant to 40 CFR part 2 diatomaceous earth; thickeners such as producer, food manufacturer, or may be disclosed publicly by EPA carrageenan and modified cellulose; pesticide manufacturer. Potentially without prior notice. Submit your wetting, spreading, and dispersing affected entities may include, but are copies, identified by docket ID number agents; propellants in aerosol not limited to: EPA–HQ–OPP–2006–0121, by one of dispensers; microencapsulating agents; • Crop production (NAICS code 111). the following methods: and emulsifiers. The term ‘‘inert’’ is not • • Animal production (NAICS code Federal eRulemaking Portal: http:// intended to imply nontoxicity; the 112). www.regulations.gov. Follow the on-line ingredient may or may not be instructions for submitting comments. chemically active. Generally, EPA has • Food manufacturing (NAICS code • Mail: Office of Pesticide Programs exempted inert ingredients from the 311). (OPP) Regulatory Public Docket (7502P), • requirement of a tolerance based on the Pesticide manufacturing (NAICS Environmental Protection Agency, 1200 low toxicity of the individual inert code 32532). Pennsylvania Ave., NW., Washington, ingredients. This listing is not intended to be DC 20460–0001. exhaustive, but rather provides a guide • Delivery: OPP Regulatory Public IV. Aggregate Risk Assessment and for readers regarding entities likely to be Docket (7502P), Environmental Determination of Safety affected by this action. Other types of Protection Agency, Rm. S–4400, One Section 408(c)(2)(A)(i) of FFDCA entities not listed in this unit could also Potomac Yard (South Bldg.), 2777 S. allows EPA to establish an exemption be affected. The North American Crystal Dr., Arlington, VA. Deliveries from the requirement for a tolerance (the Industrial Classification System are only accepted during the Docket legal limit for a pesticide chemical (NAICS) codes have been provided to Facility’s normal hours of operation residue in or on a food) only if EPA assist you and others in determining (8:30 a.m. to 4 p.m., Monday through determines that the tolerance is ‘‘safe.’’ whether this action might apply to Friday, excluding legal holidays). Section 408(b)(2)(A)(ii) of FFDCA certain entities. If you have any Special arrangements should be made defines ‘‘safe’’ to mean that ‘‘there is a questions regarding the applicability of for deliveries of boxed information.