Federal Register - December 16, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Rules and Regulations
sections 172 and 182 of the CAA, and/
or the OTR requirements under section 184 of the CAA. No tribe is subject to the requirement to submit an implementation plan under section 172
or under subpart 2 of part D of Title I
of the CAA. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of covered regulatory action in section 2202 of the Executive Order. This action is not subject to Executive Order 13045
because it is a finding that several states failed to submit SIP revisions that satisfy the nonattainment area planning requirements under sections 172 and 182 of the CAA, and/or the OTR
requirements under Section 184, and does not directly or disproportionately affect children.
HI. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.
IJ. National Technology Transfer and Advancement Act NTTAA
This rulemaking does not involve technical standards.
khammond on DSKJM1Z7X2PROD with RULES
J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income, or indigenous populations. In finding that two states have failed to submit SIP revisions that satisfy the nonattainment area planning requirements under sections 172 and 182 of the CAA, and/or the OTR
requirements under section 184 of the CAA, this action does not directly affect the level of protection provided to human health or the environment.
K. Congressional Review Act CRA
This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United
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States. This action is not a major rule as defined by 5 U.S.C. 8042.
Reporting and recordkeeping requirements.
L. Judicial Review Section 307b1 of the CAA indicates which Federal Courts of Appeal have venue for petitions of review of final actions by the EPA under the CAA. This section provides, in part, that petitions for review must be filed in the United States Court of Appeals for the District of Columbia Circuit if i the agency action consists of nationally applicable regulations promulgated, or final actions taken, by the Administrator, or ii such action is locally or regionally applicable, but such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination.
This final action is nationally applicable. To the extent a court finds this final action to be locally or regionally applicable, the EPA finds that this action is based on a determination of nationwide scope or effect within the meaning of CAA section 307b1.
This final action consists of findings of failure to submit required SIPs from two states in the OTR, one with a Moderate nonattainment area, located in two of the ten EPA Regions, and in two different federal judicial circuits. This final action is also based on a common core of factual findings concerning the receipt and completeness of the relevant SIP submittals. For these reasons, this final action is nationally applicable or, alternatively, to the extent a court finds this action to be locally or regionally applicable, the Administrator has determined that this final action is based on a determination of nationwide scope or effect for purposes of CAA
section 307b1.
Under section 307b1 of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the District of Columbia Circuit within 60 days from the date this final action is published in the Federal Register. Filing a petition for reconsideration by the Administrator of this final action does not affect the finality of the action for the purposes of judicial review, nor does it extend the time within which a petition for judicial review must be filed, and shall not postpone the effectiveness of such rule or action.
Michael S. Regan, Administrator.
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedures, Air pollution control, Approval and promulgation of implementation plans, Intergovernmental relations, and
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FR Doc. 202127213 Filed 121521; 8:45 am BILLING CODE 656050P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
EPAHQOPP20210659; FRL932201
OCSPP
-Terpineol CAS No. 98555;
Tolerance Exemption Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:
This regulation establishes an exemption from the requirement of a tolerance for residues of a-terpineol CAS No. 98555 when used as a solvent inert ingredient in pesticide formulations at rates of 5% of the formulation in pre-harvest applications to crops. Landis International, Inc., on behalf of Morse Enterprises Limited, Inc. d/b/a KeyPlex submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act FFDCA, requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of aterpineol CAS No. 98555 on food or feed commodities when used in accordance with this exemption.
DATES: This regulation is effective December 16, 2021. Objections and requests for hearings must be received on or before February 14, 2022, and must be filed in accordance with the instructions provided in 40 CFR part 178 see also Unit I.C. of the SUPPLEMENTARY INFORMATION.
ADDRESSES: The docket for this action, identified by docket identification ID
number EPAHQOPP20210659, is available at https 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
204600001.
Due to the public health concerns related to COVID19, the EPA Docket Center EPA/DC and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC
SUMMARY:
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