Nebraska: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference, 97578-97579 [2024-28139]

Download as PDF 97578 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Proposed Rules accompanying independent method validations were sufficient to support afidopyropen tolerances. EPA’s ROCKS stated that the submitted analytical method for plant commodities can adequately detect parent afidopyropen (as well as its dimer M440I007) for the purposes of tolerance enforcement. Contact: RD. ddrumheller on DSK120RN23PROD with PROPOSALS1 B. Notice of Filing—New Tolerances for Non-Inerts 1. PP 1F8969. EPA–HQ–OPP–2023– 0009. Syngenta Crop Protection, LLC., P.O. Box 18300, Greensboro, NC 27419, requests to amend tolerance in 40 CFR part 180.571 for residues of the herbicide, mesotrione, in or on soybean at 0.02 ppm. The high-performance liquid chromatography (HPLC) with tandem mass-spectrometry (MS/MS) is used to measure and evaluate the chemical mesotrione. Contact: RD. 2. PP 3F9073. EPA–HQ–OPP–2024– 0212. K–I CHEMICAL U.S.A., Inc. c/o Landis International, Inc., P.O. Box 5126, Valdosta, GA 31603–5126, requests to establish a tolerance in 40 CFR part 180 for residues of the herbicide, pyroxasulfone, including its metabolites M–1, M–3, M–25, and M–28 calculated as the stoichiometric equivalent of pyroxasulfone, in or on almond, hulls at 0.15 ppm, fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13–07F at 0.07 ppm, and nut, tree, group 14–12 at 0.07 ppm. The Liquid Chromatography-Mass Spectrometry/Mass Spectrometry (LC– MS/MS) is used to measure and evaluate the chemical pyroxasulfone. Contact: RD. 3. PP 1F8969. EPA–HQ–OPP–2023– 0009. Syngenta Crop Protection, LLC., P.O. Box 18300, Greensboro, NC 27419, requests to amend tolerance in 40 CFR part 180.571 for residues of the herbicide, mesotrione, in or on soybean at 0.02 ppm. The HPLC with MS/MS is used to measure and evaluate the chemical mesotrione. Contact: RD. 4. PP 3F9073. EPA–HQ–OPP–2024– 0212. K–I CHEMICAL U.S.A., Inc. c/o Landis International, Inc., P.O. Box 5126, Valdosta, GA 31603–5126, requests to establish a tolerance in 40 CFR part 180 for residues of the herbicide, pyroxasulfone, including its metabolites M–1, M–3, M–25, and M–28 calculated as the stoichiometric equivalent of pyroxasulfone, in or on almond, hulls at 0.15 ppm, fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13–07F at 0.07 ppm, and nut, tree, group 14–12 at 0.07 ppm. The LC– MS/MS is used to measure and evaluate the chemical pyroxasulfone. Contact: RD. VerDate Sep<11>2014 15:30 Dec 06, 2024 Jkt 265001 5. PP 3F9086. EPA–HQ–OPP–2024– 0415. Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419– 8300, requests to establish a tolerance in 40 CFR part 180 for residues of the herbicide, bicyclopyrone in or on soybean, seed at .01 ppm, and soybean, meal at .02 ppm. The analytical methods GRM030.05A, GRM030.05B, and GRM030.08A are used to measure and evaluate the chemical bicyclopyrone. Contact: RD. Authority: 21 U.S.C. 346a. Dated: November 19, 2024. Kimberly Smith, Acting Director, Information Technology and Resources Management Division, Office of Program Support. [FR Doc. 2024–28805 Filed 12–6–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 282 [EPA–R07–UST–2024–0452; FRL–12274– 01–R7] Nebraska: Final Approval of State Underground Storage Tank Program Revisions, Codification, and Incorporation by Reference Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: Pursuant to the Resource Conservation and Recovery Act (RCRA or Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to the State of Nebraska’s Underground Storage Tank (UST) program submitted by the Nebraska State Fire Marshal (NSFM). This action is based on the EPA’s determination that these revisions satisfy all requirements needed for program approval. This action also proposes to codify EPA’s approval of Nebraska’s State program and incorporate by reference those provisions of the State regulations that we have determined meet the requirements for approval. The provisions will be subject to EPA’s inspection and enforcement authorities under the RCRA and other applicable statutory and regulatory provisions. DATES: Comments on this proposed rule must be received on or before January 8, 2025. ADDRESSES: Submit comments, identified by Docket ID Number EPA– R07–UST–2024–0452, by one of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the SUMMARY: PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 on-line instructions for submitting comments. 2. Email: blankenship.marie@epa.gov. Instructions: Direct your comments to Docket ID No. EPA–R07–UST–2024– 0452. EPA’s policy is that all comments received will be included in the public docket without change and may be available online at https:// www.regulations.gov, 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 https:// www.regulations.gov, or email. The Federal https://www.regulations.gov website is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through https:// www.regulations.gov, your email 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 an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and also 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. EPA encourages electronic submittals, but if you are unable to submit electronically, please reach out to the EPA contact person listed in the document for assistance. You can view and copy the documents that form the basis for this codification and associated publicly available materials either through https://www.regulations.gov or by contacting Marie Blankenship at (913) 551–7908 or blankenship.marie@ epa.gov. Please call or email the contact listed above if you need access to material indexed but not provided in the docket. FOR FURTHER INFORMATION CONTACT: Marie Blankenship, Tanks, Toxics and Pesticides Branch, Land, Chemical, and Redevelopment Division, U.S. Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 6; telephone number: (913) 551–7908; email address: blankenship.marie@epa.gov. E:\FR\FM\09DEP1.SGM 09DEP1 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Proposed Rules EPA has explained the reasons for this action in the preamble to the direct final rule. For additional information, see the direct final rule published in the ‘‘Rules and Regulations’’ section of this issue of the Federal Register. SUPPLEMENTARY INFORMATION: Authority: This proposed rule is issued under the authority of sections 2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e. Dated: November 22, 2024. Meghan A. McCollister, Regional Administrator, EPA Region 7. [FR Doc. 2024–28139 Filed 12–6–24; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Office of the Secretary 49 CFR Part 40 [Docket DOT–OST–2021–0093] RIN 2105–AF28 Procedures for Transportation Workplace Drug and Alcohol Testing Programs Office of the Secretary, Department of Transportation (DOT). ACTION: Notice of proposed rulemaking. AGENCY: The U.S. Department of Transportation (DOT) proposes to revise its drug testing procedures rule, which became effective on June 1, 2023, to provide interim provisions to require the conduct of directly observed urine tests in situations where oral fluid tests are currently required, but oral fluid testing is not yet available. DATES: Comments must be received on or before January 8, 2025. ADDRESSES: Submit your comments, identified by Docket ID No. DOT–OST– 2021–0093, at https:// www.regulations.gov/. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. DOT may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. For additional submission methods and general guidance on making effective comments, please visit https:// www.transportation.gov/regulations/ rulemaking-process. FOR FURTHER INFORMATION CONTACT: Bohdan Baczara, Deputy Director, Office ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 15:30 Dec 06, 2024 Jkt 265001 of Drug and Alcohol Policy and Compliance, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone number 202–366–3784; ODAPCwebmail@dot.gov. SUPPLEMENTARY INFORMATION: I. Why is DOT proposing this rule? DOT proposes to revise its drug testing regulation, Procedures for Transportation Workplace Drug and Alcohol Testing Programs (49 CFR part 40), to address unforeseen circumstances rendering it impossible to comply with requirements in the final rule. II. General Information DOT published a final rule amending the procedures for its drug testing program (49 CFR part 40) on May 2, 2023 (88 FR 27596) (May 2023 Final Rule). The May 2023 Final Rule went into effect on June 1, 2023. The May 2023 Final Rule authorized oral fluid drug testing as an additional methodology for employers to use as a means of achieving the safety goals of the program. In the May 2023 Final Rule, we required an oral fluid test to be conducted in certain circumstances where an observed collection is required. However, because oral fluid testing is not yet available, DOT proposes to amend DOT’s regulations to require the conduct of directly observed urine collections in those circumstances for an interim period. This rulemaking would correct the inadvertent factual impossibility created by the May 2023 Final Rule. Section 40.67 When and how is a directly observed urine collection conducted? DOT regulations at § 40.67 require that a collection be directly observed in certain circumstances, e.g., if the original sample was invalid without adequate medical explanation or the test is for a return to duty. In the May 2023 Final Rule, DOT codified a procedure requiring the directly observed collection to be an oral fluid test rather than a urine test in certain situations. However, oral fluid testing cannot be implemented until the Department of Health and Human Services (HHS) certifies at least two laboratories, one to serve as a primary laboratory, and a second to serve as a split specimen laboratory. Because no oral fluid laboratories have been certified, it is not yet possible to comply with this provision. In the interim, it is necessary to ensure that directly observed collections can still be conducted when required. DOT proposes to require directly PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 97579 observed urine collections in the situations specified in § 40.67(g)(3) if an oral fluid collection is not yet available. We emphasize that the responsibility of ensuring the collection takes place has always been a requirement the employer must satisfy. If a directly observed urine collection is required, the burden—as is currently the case—remains on the employer to provide an observer as specified in § 40.67(g) if the collection site cannot do so. We intend this provision to require directly observed urine tests in situations where an oral fluid collection is required, but is not yet available, to be a temporary, short-term solution because there are currently no certified oral fluid laboratories. This provision will sunset one year after HHS publishes a Federal Register notice that it certified the second oral fluid drug testing laboratory. So that all are aware of the date when this provision will sunset, we will publish a Federal Register document specifying the date the second oral fluid laboratory is certified by HHS. If, during the interim period, a collection site is able to conduct an oral fluid collection (HHS has certified at least two oral fluid drug testing laboratories, and both a qualified oral fluid collector and a conforming oral fluid collection device are available at the collection site), an oral fluid collection would be required to be conducted. In the May 2023 Final Rule, we added § 40.67(g)(3) to address situations where an observer who meets the regulatory requirements cannot be found at the collection site, but mistakenly used the term ‘‘collector’’ instead of ‘‘observer’’ in the regulatory text of that section. In this rule, we propose to correct the error. III. Regulatory Notices and Analyses Executive Orders 12866, 13563, and 14094 This proposed rule is a nonsignificant rule for purposes of Executive Order (E.O.) 12886, as supplemented by E.O. 13563 and amended by E.O. 14094, and will not impose any significant costs or have any significant impacts. Given the uncertainty of testing costs and lack of data on other aspects of testing, DOT did not estimate cost savings or other benefits for the May 2023 Final Rule that permitted oral fluid testing as an alternative to urine testing in most scenarios. In the regulatory analyses for the May 2023 Final Rule, DOT stated that ‘‘Oral fluid testing is optional in all but very rare cases . . .’’ However, and because oral fluid testing is not yet E:\FR\FM\09DEP1.SGM 09DEP1

Agencies

[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Proposed Rules]
[Pages 97578-97579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28139]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R07-UST-2024-0452; FRL-12274-01-R7]


Nebraska: Final Approval of State Underground Storage Tank 
Program Revisions, Codification, and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Resource Conservation and Recovery Act (RCRA 
or Act), the Environmental Protection Agency (EPA) is proposing to 
approve revisions to the State of Nebraska's Underground Storage Tank 
(UST) program submitted by the Nebraska State Fire Marshal (NSFM). This 
action is based on the EPA's determination that these revisions satisfy 
all requirements needed for program approval. This action also proposes 
to codify EPA's approval of Nebraska's State program and incorporate by 
reference those provisions of the State regulations that we have 
determined meet the requirements for approval. The provisions will be 
subject to EPA's inspection and enforcement authorities under the RCRA 
and other applicable statutory and regulatory provisions.

DATES: Comments on this proposed rule must be received on or before 
January 8, 2025.

ADDRESSES: Submit comments, identified by Docket ID Number EPA-R07-UST-
2024-0452, by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: [email protected].
    Instructions: Direct your comments to Docket ID No. EPA-R07-UST-
2024-0452. EPA's policy is that all comments received will be included 
in the public docket without change and may be available online at 
https://www.regulations.gov, 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 https://www.regulations.gov, or email. The Federal https://www.regulations.gov 
website is an ``anonymous access'' system, which means the EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an email comment directly to the EPA 
without going through https://www.regulations.gov, your email 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 an electronic comment, EPA recommends that you include your 
name and other contact information in the body of your comment and also 
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. EPA encourages electronic submittals, 
but if you are unable to submit electronically, please reach out to the 
EPA contact person listed in the document for assistance. You can view 
and copy the documents that form the basis for this codification and 
associated publicly available materials either through https://www.regulations.gov or by contacting Marie Blankenship at (913) 551-
7908 or [email protected]. Please call or email the contact 
listed above if you need access to material indexed but not provided in 
the docket.

FOR FURTHER INFORMATION CONTACT: Marie Blankenship, Tanks, Toxics and 
Pesticides Branch, Land, Chemical, and Redevelopment Division, U.S. 
Environmental Protection Agency, Region 7, 11201 Renner Boulevard, 
Lenexa, Kansas 6; telephone number: (913) 551-7908; email address: 
[email protected].

[[Page 97579]]


SUPPLEMENTARY INFORMATION: EPA has explained the reasons for this 
action in the preamble to the direct final rule. For additional 
information, see the direct final rule published in the ``Rules and 
Regulations'' section of this issue of the Federal Register.

    Authority: This proposed rule is issued under the authority of 
sections 2002(a), 7004(b), and 9004 of the Solid Waste Disposal Act, 
as amended, 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

    Dated: November 22, 2024.
Meghan A. McCollister,
Regional Administrator, EPA Region 7.
[FR Doc. 2024-28139 Filed 12-6-24; 8:45 am]
BILLING CODE 6560-50-P
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