81_FR_54086 81 FR 53929 - Partial Stay; Arizona; Regional Haze Federal Implementation Plan

81 FR 53929 - Partial Stay; Arizona; Regional Haze Federal Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 157 (August 15, 2016)

Page Range53929-53931
FR Document2016-19113

The Environmental Protection Agency (EPA) is granting an administrative stay of specific provisions of the Arizona Regional Haze Federal Implementation Plan (FIP) applicable to the Phoenix Cement Company (PCC) Clarkdale Plant and the CalPortland Company (CPC) Rillito Plant under the Clean Air Act (CAA). In response to requests from PCC and CPC, we are staying the effectiveness of control technology optimization requirements for nitrogen oxides (NO<INF>X</INF>) applicable to Kiln 4 at the Clarkdale Plant and Kiln 4 at the Rillito Plant during the EPA's reconsideration of these requirements under CAA section 307(d)(7)(B) for a period of 90 days. Today's action reflects this stay in the Code of Federal Regulations.

Federal Register, Volume 81 Issue 157 (Monday, August 15, 2016)
[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)]
[Rules and Regulations]
[Pages 53929-53931]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19113]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0846, FRL-9950-41-Region 9]


Partial Stay; Arizona; Regional Haze Federal Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial stay.

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SUMMARY: The Environmental Protection Agency (EPA) is granting an 
administrative stay of specific provisions of the Arizona Regional Haze 
Federal Implementation Plan (FIP) applicable to the Phoenix Cement 
Company (PCC) Clarkdale Plant and the CalPortland Company (CPC) Rillito 
Plant under the Clean Air Act (CAA). In response to requests from PCC 
and CPC, we are staying the effectiveness of control technology 
optimization requirements for nitrogen oxides (NOX) 
applicable to Kiln 4 at the Clarkdale Plant and Kiln 4 at the Rillito 
Plant during the EPA's reconsideration of these requirements under CAA 
section 307(d)(7)(B) for a period of 90 days. Today's action reflects 
this stay in the Code of Federal Regulations.

DATES: Effective August 15, 2016, 40 CFR 52.145(k)(6) and Appendix A to 
40 CFR 52.145 are stayed until November 14, 2016. The addition of 40 
CFR 52.145(n) in this rule is also effective from August 15, 2016 until 
November 14, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2015-0846. All documents in the docket are 
listed on the http://www.regulations.gov Web site. 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 electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Colleen McKaughan, U.S. EPA, Region 9, 
Air Division, Air-1, 75 Hawthorne Street, San Francisco, CA 94105. 
Colleen McKaughan can be reached at telephone number (520) 498-0118 and 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. Background
II. Administrative Stay
III. Statutory and Executive Order Reviews

I. Background

    This section provides a brief overview of the background for 
today's action. Please refer to our proposed action on reconsideration 
for additional background.\1\ On September 3, 2014, the EPA promulgated 
a FIP addressing certain requirements of the CAA and the EPA's Regional 
Haze Rule for sources in Arizona.\2\ Among other things, the Arizona 
Regional Haze FIP includes NOX emission limits achievable 
with selective non-catalytic reduction (SNCR) applicable to Clarkdale 
Kiln 4 and Rillito Kiln 4. In particular, the EPA established two 
alternative emission limits for NOX on Clarkdale Kiln 4: A 
2.12 lb/ton limit or an 810 tons/year limit. The lb/ton limit equates 
to the installation of a SNCR system, based on a 50 percent control 
efficiency, while the ton/year limit could be met either by installing 
SNCR or by maintaining recent production levels. We set an emission 
limit for NOX at Rillito Kiln 4 of 3.46 lb/ton, based on a 
35 percent control efficiency. The FIP also includes monitoring, 
recordkeeping, and reporting requirements and a compliance deadline for 
the final NOX emission limits of December 31, 2018. Finally, 
in response to comments alleging that SNCR control efficiencies of 50 
percent for Clarkdale Kiln 4 and 35 percent for Rillito Kiln 4 were 
unsupported and that SNCR was capable of achieving higher control 
efficiencies, we established requirements for control technology 
demonstrations (``optimization requirements'') for the SNCR systems at 
both kilns, which would entail the collection of data that then could 
be used to determine if a higher control efficiency was achievable.
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    \1\ 81 FR 42600 (June 30, 2016).
    \2\ 79 FR 52420 (September 3, 2014)(Arizona Regional Haze 
``Phase 3'' Rule).
---------------------------------------------------------------------------

    PCC and CPC each submitted a petition to the EPA on November 3, 
2014, seeking administrative reconsideration and a partial stay of the 
final FIP under CAA section 307(d)(7)(B) and the Administrative 
Procedure Act (APA).\3\ In their petitions, both companies raised 
multiple objections to the optimization requirements in the FIP. CPC 
asserted that the requirements were burdensome, expensive, and 
unnecessary, given that CPC had already ``evaluated fuels, fuel 
fineness, and the other characteristics listed in the Optimization 
Protocol'' as part of its effort to reduce energy usage.\4\ PCC stated 
that the requirements ``would be burdensome to implement'' and ``would 
substantially interfere with the cement manufacturing operations'' at 
the Clarkdale Plant.\5\ PCC further asserted that requirements would 
harm the Salt River Pima-Maricopa Indian Community (SRPMIC), which 
relies on revenue from the Clarkdale Plant.\6\
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    \3\ Letter from Verle C. Martz, PCC, to Regina McCarthy, EPA 
(November 3, 2014); Letter from Jay Grady, CPC, to Regina McCarthy, 
EPA (November 3, 2014).
    \4\ Letter from Jay Grady, CPC, to Regina McCarthy, EPA 
(November 3, 2014), attachment entitled ``Petition of CalPortland 
Company for Partial Reconsideration and Request for Administrative 
Stay of EPA Final Rule, Promulgation of Air Quality Implementation 
Plans; Arizona; Regional Haze and Interstate Visibility Transport 
Federal Implementation Plan Published at 79 FR 52420'' at 4.
    \5\ Letter from Verle C. Martz, PCC, to Regina McCarthy, EPA 
(November 3, 2014) at 2.
    \6\ We note that while the Clarkdale Plant is tribally owned, it 
is not located on tribal land. It is subject to State jurisdiction 
and is regulated by ADEQ.
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    The EPA sent letters to PCC and CPC on January 16, 2015 and January 
27, 2015, respectively, granting reconsideration of the optimization 
requirements pursuant to CAA section

[[Page 53930]]

307(d)(7)(B).\7\ However, the EPA did not act on the companies' request 
for a stay of those requirements. On June 30, 2016, the EPA issued its 
proposed action on reconsideration, proposing to replace the 
optimization requirements for both kilns with a series of revised 
recordkeeping and reporting requirements.\8\
---------------------------------------------------------------------------

    \7\ Letter from Jared Blumenfeld, EPA, to Verle C. Martz, PCC 
(January 16, 2015); Letter from Jared Blumenfeld, EPA, to Jay Grady, 
CPC (January 27, 2015).
    \8\ 81 FR 42600.
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II. Administrative Stay

    In light of the EPA's proposed rule to replace the optimization 
requirements applicable to Clarkdale Kiln 4 and Rillito Kiln 4 and the 
fact that these provisions require implementation of various 
operational adjustments and submittal of protocols and reports in 
advance of the December 31, 2018 compliance deadline for the 
NOX emission limits, the EPA is now granting PCC's and CPC's 
petitions for a stay of the effectiveness of those requirements under 
CAA section 307(d)(7)(B). In particular, we are staying the 
effectiveness of 40 CFR 52.145(k)(6) and Appendix A to 40 CFR 52.145 
for a period of 90 days, which is the maximum length of a stay 
authorized under CAA section 307(d)(7)(B). The EPA anticipates that we 
will complete final action on reconsideration prior to the conclusion 
of this stay, but if we are unable to do so, we will consider granting 
a further stay of the optimization requirements under section 705 of 
the APA.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and 
Budget (OMB) because it applies to only two facilities and is therefore 
not a rule of general applicability.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the provisions of the PRA, 44 U.S.C. 3501 et seq. Burden is defined at 
5 CFR 1320.3(b).

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to 
rules subject to notice and comment rulemaking requirements under the 
APA, 5 U.S.C. 553, or any other statute. This rule is not subject to 
the APA but is subject to the CAA, which does not require notice and 
comment rulemaking to take this action.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local, or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or in the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action has tribal implications. However, it will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. This action stays the 
effectiveness of optimization requirements that currently apply to the 
PCC Clarkdale Plant. The profits from the Clarkdale Plant are used to 
provide government services to SRPMIC's members.
    The EPA consulted with tribal officials under the EPA Policy on 
Consultation and Coordination with Indian Tribes early in the process 
of developing our proposed action on reconsideration of the 
optimization requirements to permit them to have meaningful and timely 
input into its development.\9\
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    \9\ See Summary of Consultation with SRPMIC Regarding Regional 
Haze FIP Reconsideration (Docket ID No. EPA-R09-OAR-2015-0846-0026).
---------------------------------------------------------------------------

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations 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.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
change the level of environmental protection for any affected 
populations.

K. Congressional Review Act

    This rule is exempt from the CRA because it is a rule of particular 
applicability.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen oxides, Reporting and recordkeeping requirements, 
Visibility.

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

    Dated: August 1, 2016.
Gina McCarthy,
Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

 PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart D--Arizona

0
2. Amend Sec.  52.145 by adding paragraph (n) to read as follows:


Sec.  52.145  Visibility protection.

* * * * *
    (n) The effectiveness of paragraph (k)(6) of this section and 
Appendix A to

[[Page 53931]]

this section is stayed from August 15, 2016 until November 14, 2016.

[FR Doc. 2016-19113 Filed 8-12-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                      Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations                                                      53929

                                                                                             EPA-APPROVED NEW HAMPSHIRE REGULATIONS—Continued
                                                                                                                        State effective
                                                     State citation                         Title/subject                                            EPA approval date 1                       Explanations
                                                                                                                             date

                                                             *                        *                       *                      *                        *                      *                       *
                                                  1 In
                                                   order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
                                              umn for the particular provision.


                                              *          *       *       *      *                           available only in hard copy form.                      35 percent for Rillito Kiln 4 were
                                              [FR Doc. 2016–19123 Filed 8–12–16; 8:45 am]                   Publicly available docket materials are                unsupported and that SNCR was
                                              BILLING CODE 6560–50–P                                        available electronically through http://               capable of achieving higher control
                                                                                                            www.regulations.gov.                                   efficiencies, we established
                                                                                                            FOR FURTHER INFORMATION CONTACT:                       requirements for control technology
                                              ENVIRONMENTAL PROTECTION                                      Colleen McKaughan, U.S. EPA, Region                    demonstrations (‘‘optimization
                                              AGENCY                                                        9, Air Division, Air-1, 75 Hawthorne                   requirements’’) for the SNCR systems at
                                              40 CFR Part 52                                                Street, San Francisco, CA 94105.                       both kilns, which would entail the
                                                                                                            Colleen McKaughan can be reached at                    collection of data that then could be
                                              [EPA–R09–OAR–2015–0846, FRL–9950–41–                          telephone number (520) 498–0118 and                    used to determine if a higher control
                                              Region 9]                                                     via electronic mail at                                 efficiency was achievable.
                                                                                                            mckaughan.colleen@epa.gov.                                PCC and CPC each submitted a
                                              Partial Stay; Arizona; Regional Haze
                                              Federal Implementation Plan                                   SUPPLEMENTARY INFORMATION:                             petition to the EPA on November 3,
                                                                                                            Throughout this document, ‘‘we,’’ ‘‘us,’’              2014, seeking administrative
                                              AGENCY:  Environmental Protection                             and ‘‘our’’ refer to the EPA.                          reconsideration and a partial stay of the
                                              Agency (EPA).                                                                                                        final FIP under CAA section
                                                                                                            Table of Contents
                                              ACTION: Partial stay.                                                                                                307(d)(7)(B) and the Administrative
                                                                                                            I. Background                                          Procedure Act (APA).3 In their petitions,
                                              SUMMARY:   The Environmental Protection                       II. Administrative Stay
                                              Agency (EPA) is granting an                                                                                          both companies raised multiple
                                                                                                            III. Statutory and Executive Order Reviews             objections to the optimization
                                              administrative stay of specific
                                              provisions of the Arizona Regional Haze                       I. Background                                          requirements in the FIP. CPC asserted
                                              Federal Implementation Plan (FIP)                                This section provides a brief overview              that the requirements were burdensome,
                                              applicable to the Phoenix Cement                              of the background for today’s action.                  expensive, and unnecessary, given that
                                              Company (PCC) Clarkdale Plant and the                         Please refer to our proposed action on                 CPC had already ‘‘evaluated fuels, fuel
                                              CalPortland Company (CPC) Rillito                             reconsideration for additional                         fineness, and the other characteristics
                                              Plant under the Clean Air Act (CAA). In                       background.1 On September 3, 2014, the                 listed in the Optimization Protocol’’ as
                                              response to requests from PCC and CPC,                        EPA promulgated a FIP addressing                       part of its effort to reduce energy usage.4
                                              we are staying the effectiveness of                           certain requirements of the CAA and the                PCC stated that the requirements
                                              control technology optimization                               EPA’s Regional Haze Rule for sources in                ‘‘would be burdensome to implement’’
                                              requirements for nitrogen oxides (NOX)                        Arizona.2 Among other things, the                      and ‘‘would substantially interfere with
                                              applicable to Kiln 4 at the Clarkdale                         Arizona Regional Haze FIP includes                     the cement manufacturing operations’’
                                              Plant and Kiln 4 at the Rillito Plant                         NOX emission limits achievable with                    at the Clarkdale Plant.5 PCC further
                                              during the EPA’s reconsideration of                           selective non-catalytic reduction (SNCR)               asserted that requirements would harm
                                              these requirements under CAA section                          applicable to Clarkdale Kiln 4 and                     the Salt River Pima-Maricopa Indian
                                              307(d)(7)(B) for a period of 90 days.                         Rillito Kiln 4. In particular, the EPA                 Community (SRPMIC), which relies on
                                              Today’s action reflects this stay in the                      established two alternative emission                   revenue from the Clarkdale Plant.6
                                              Code of Federal Regulations.                                  limits for NOX on Clarkdale Kiln 4: A                     The EPA sent letters to PCC and CPC
                                              DATES: Effective August 15, 2016, 40                          2.12 lb/ton limit or an 810 tons/year                  on January 16, 2015 and January 27,
                                              CFR 52.145(k)(6) and Appendix A to 40                         limit. The lb/ton limit equates to the                 2015, respectively, granting
                                              CFR 52.145 are stayed until November                          installation of a SNCR system, based on
                                                                                                                                                                   reconsideration of the optimization
                                              14, 2016. The addition of 40 CFR                              a 50 percent control efficiency, while
                                                                                                                                                                   requirements pursuant to CAA section
                                              52.145(n) in this rule is also effective                      the ton/year limit could be met either by
                                              from August 15, 2016 until November                           installing SNCR or by maintaining                         3 Letter from Verle C. Martz, PCC, to Regina
                                              14, 2016.                                                     recent production levels. We set an                    McCarthy, EPA (November 3, 2014); Letter from Jay
                                                                                                            emission limit for NOX at Rillito Kiln 4               Grady, CPC, to Regina McCarthy, EPA (November
                                              ADDRESSES: The EPA has established a
                                                                                                            of 3.46 lb/ton, based on a 35 percent                  3, 2014).
                                              docket for this action under Docket ID                        control efficiency. The FIP also includes                 4 Letter from Jay Grady, CPC, to Regina McCarthy,
                                              No. EPA–R09–OAR–2015–0846. All                                monitoring, recordkeeping, and                         EPA (November 3, 2014), attachment entitled
                                              documents in the docket are listed on                         reporting requirements and a                           ‘‘Petition of CalPortland Company for Partial
                                              the http://www.regulations.gov Web                                                                                   Reconsideration and Request for Administrative
                                                                                                            compliance deadline for the final NOX                  Stay of EPA Final Rule, Promulgation of Air Quality
                                              site. Although listed in the index, some                      emission limits of December 31, 2018.                  Implementation Plans; Arizona; Regional Haze and
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                                              information is not publicly available,                        Finally, in response to comments                       Interstate Visibility Transport Federal
                                              e.g., confidential business information                       alleging that SNCR control efficiencies                Implementation Plan Published at 79 FR 52420’’ at
                                              (CBI) or other information whose                                                                                     4.
                                                                                                            of 50 percent for Clarkdale Kiln 4 and                    5 Letter from Verle C. Martz, PCC, to Regina
                                              disclosure is restricted by statute.
                                                                                                                                                                   McCarthy, EPA (November 3, 2014) at 2.
                                              Certain other material, such as                                 1 81FR 42600 (June 30, 2016).                           6 We note that while the Clarkdale Plant is tribally
                                              copyrighted material, is not placed on                          2 79FR 52420 (September 3, 2014)(Arizona             owned, it is not located on tribal land. It is subject
                                              the Internet and will be publicly                             Regional Haze ‘‘Phase 3’’ Rule).                       to State jurisdiction and is regulated by ADEQ.



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                                              53930             Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations

                                              307(d)(7)(B).7 However, the EPA did not                 C. Regulatory Flexibility Act (RFA)                   action’’ in section 2–202 of the
                                              act on the companies’ request for a stay                  This action is not subject to the RFA.              Executive Order. This action is not
                                              of those requirements. On June 30, 2016,                The RFA applies only to rules subject to              subject to Executive Order 13045
                                              the EPA issued its proposed action on                   notice and comment rulemaking                         because it does not concern an
                                              reconsideration, proposing to replace                   requirements under the APA, 5 U.S.C.                  environmental health risk or safety risk.
                                              the optimization requirements for both                  553, or any other statute. This rule is not           H. Executive Order 13211: Actions
                                              kilns with a series of revised                          subject to the APA but is subject to the              Concerning Regulations That
                                              recordkeeping and reporting                             CAA, which does not require notice and                Significantly Affect Energy Supply,
                                              requirements.8                                          comment rulemaking to take this action.               Distribution, or Use
                                              II. Administrative Stay                                 D. Unfunded Mandates Reform Act                         This action is not subject to Executive
                                                                                                      (UMRA)                                                Order 13211, because it is not a
                                                In light of the EPA’s proposed rule to                                                                      significant regulatory action under
                                              replace the optimization requirements                      This action does not contain any
                                                                                                      unfunded mandate as described in                      Executive Order 12866.
                                              applicable to Clarkdale Kiln 4 and
                                              Rillito Kiln 4 and the fact that these                  UMRA, 2 U.S.C. 1531–1538, and does                    I. National Technology Transfer and
                                              provisions require implementation of                    not significantly or uniquely affect small            Advancement Act (NTTAA)
                                              various operational adjustments and                     governments. The action imposes no
                                                                                                                                                               This rulemaking does not involve
                                              submittal of protocols and reports in                   enforceable duty on any state, local, or
                                                                                                                                                            technical standards.
                                              advance of the December 31, 2018                        tribal governments or the private sector.
                                              compliance deadline for the NOX                                                                               J. Executive Order 12898: Federal
                                                                                                      E. Executive Order 13132: Federalism
                                              emission limits, the EPA is now                                                                               Actions To Address Environmental
                                                                                                        This action does not have federalism                Justice in Minority Populations and
                                              granting PCC’s and CPC’s petitions for a                implications. It will not have substantial            Low-Income Populations
                                              stay of the effectiveness of those                      direct effects on the states, on the
                                              requirements under CAA section                                                                                   The EPA has determined that this
                                                                                                      relationship between the national                     proposed rule will not have
                                              307(d)(7)(B). In particular, we are                     government and the states, or in the
                                              staying the effectiveness of 40 CFR                                                                           disproportionately high and adverse
                                                                                                      distribution of power and                             human health or environmental effects
                                              52.145(k)(6) and Appendix A to 40 CFR                   responsibilities among the various
                                              52.145 for a period of 90 days, which is                                                                      on minority or low-income populations
                                                                                                      levels of government, as specified in                 because it does not change the level of
                                              the maximum length of a stay                            Executive Order 13132.
                                              authorized under CAA section                                                                                  environmental protection for any
                                              307(d)(7)(B). The EPA anticipates that                  F. Executive Order 13175: Consultation                affected populations.
                                              we will complete final action on                        and Coordination With Indian Tribal                   K. Congressional Review Act
                                              reconsideration prior to the conclusion                 Governments
                                              of this stay, but if we are unable to do                                                                        This rule is exempt from the CRA
                                                                                                        This action has tribal implications.                because it is a rule of particular
                                              so, we will consider granting a further                 However, it will neither impose                       applicability.
                                              stay of the optimization requirements                   substantial direct compliance costs on
                                              under section 705 of the APA.                           federally recognized tribal governments,              List of Subjects in 40 CFR Part 52
                                                                                                      nor preempt tribal law. This action stays               Environmental protection, Air
                                              III. Statutory and Executive Order
                                                                                                      the effectiveness of optimization                     pollution control, Incorporation by
                                              Reviews
                                                                                                      requirements that currently apply to the              reference, Nitrogen oxides, Reporting
                                                Additional information about these                    PCC Clarkdale Plant. The profits from                 and recordkeeping requirements,
                                              statutes and Executive Orders can be                    the Clarkdale Plant are used to provide               Visibility.
                                              found at http://www2.epa.gov/laws-                      government services to SRPMIC’s
                                                                                                                                                                Authority: 42 U.S.C. 7401 et seq.
                                              regulations/laws-and-executive-orders.                  members.
                                                                                                        The EPA consulted with tribal                         Dated: August 1, 2016.
                                              A. Executive Order 12866: Regulatory                    officials under the EPA Policy on                     Gina McCarthy,
                                              Planning and Review and Executive                       Consultation and Coordination with                    Administrator.
                                              Order 13563: Improving Regulation and                   Indian Tribes early in the process of                   Part 52, chapter I, title 40 of the Code
                                              Regulatory Review                                       developing our proposed action on                     of Federal Regulations is amended as
                                                                                                      reconsideration of the optimization                   follows:
                                                This action is exempt from review by                  requirements to permit them to have
                                              the Office of Management and Budget                     meaningful and timely input into its                  PART 52—APPROVAL AND
                                              (OMB) because it applies to only two                    development.9                                         PROMULGATION OF
                                              facilities and is therefore not a rule of
                                                                                                      G. Executive Order 13045: Protection of               IMPLEMENTATION PLANS
                                              general applicability.
                                                                                                      Children From Environmental Health                    ■ 1. The authority citation for part 52
                                              B. Paperwork Reduction Act (PRA)                        Risks and Safety Risks                                continues to read as follows:
                                                 This action does not impose an                         The EPA interprets Executive Order                      Authority: 42 U.S.C. 7401 et seq.
                                              information collection burden under the                 13045 as applying only to those
                                              provisions of the PRA, 44 U.S.C. 3501                   regulatory actions that concern                       Subpart D—Arizona
                                                                                                      environmental health or safety risks that
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                                              et seq. Burden is defined at 5 CFR
                                              1320.3(b).                                              the EPA has reason to believe may                     ■ 2. Amend § 52.145 by adding
                                                                                                      disproportionately affect children, per               paragraph (n) to read as follows:
                                                7 Letter from Jared Blumenfeld, EPA, to Verle C.      the definition of ‘‘covered regulatory                § 52.145    Visibility protection.
                                              Martz, PCC (January 16, 2015); Letter from Jared
                                              Blumenfeld, EPA, to Jay Grady, CPC (January 27,           9 See Summary of Consultation with SRPMIC           *     *      *     *    *
                                              2015).                                                  Regarding Regional Haze FIP Reconsideration             (n) The effectiveness of paragraph
                                                8 81 FR 42600.                                        (Docket ID No. EPA–R09–OAR–2015–0846–0026).           (k)(6) of this section and Appendix A to


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                                                                Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations                                         53931

                                              this section is stayed from August 15,                  holidays. The telephone number for the                and hearing requests are provided in 40
                                              2016 until November 14, 2016.                           Public Reading Room is (202) 566–1744,                CFR 178.25(b).
                                              [FR Doc. 2016–19113 Filed 8–12–16; 8:45 am]             and the telephone number for the OPP                    In addition to filing an objection or
                                              BILLING CODE 6560–50–P
                                                                                                      Docket is (703) 305–5805. Please review               hearing request with the Hearing Clerk
                                                                                                      the visitor instructions and additional               as described in 40 CFR part 178, please
                                                                                                      information about the docket available                submit a copy of the filing (excluding
                                              ENVIRONMENTAL PROTECTION                                at http://www.epa.gov/dockets.                        any Confidential Business Information
                                              AGENCY                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            (CBI)) for inclusion in the public docket.
                                                                                                      Susan Lewis, Registration Division                    Information not marked confidential
                                              40 CFR Part 180                                         (7505P), Office of Pesticide Programs,                pursuant to 40 CFR part 2 may be
                                                                                                      Environmental Protection Agency, 1200                 disclosed publicly by EPA without prior
                                              [EPA–HQ–OPP–2015–0719; FRL–9949–49]                                                                           notice. Submit the non-CBI copy of your
                                                                                                      Pennsylvania Ave. NW., Washington,
                                                                                                                                                            objection or hearing request, identified
                                              n-Butyl 3-hydroxybutyrate and                           DC 20460–0001; main telephone
                                                                                                                                                            by docket ID number EPA–HQ–OPP–
                                              Isopropyl 3-hydroxybutyrate;                            number: (703) 305–7090; email address:
                                                                                                                                                            2015–0719, by one of the following
                                              Exemption From the Requirement of a                     RDFRNotices@epa.gov.
                                                                                                                                                            methods:
                                              Tolerance                                               SUPPLEMENTARY INFORMATION:                              • Federal eRulemaking Portal: http://
                                              AGENCY:  Environmental Protection                       I. General Information                                www.regulations.gov. Follow the online
                                              Agency (EPA).                                                                                                 instructions for submitting comments.
                                                                                                      A. Does this action apply to me?                      Do not submit electronically any
                                              ACTION: Final rule.
                                                                                                         You may be potentially affected by                 information you consider to be CBI or
                                              SUMMARY:   This regulation establishes                  this action if you are an agricultural                other information whose disclosure is
                                              exemptions from the requirement of a                    producer, food manufacturer, or                       restricted by statute.
                                              tolerance for residues of n-butyl 3-                                                                            • Mail: OPP Docket, Environmental
                                                                                                      pesticide manufacturer. The following
                                              hydroxybutyrate (CAS Reg. No. 53605–                                                                          Protection Agency Docket Center (EPA/
                                                                                                      list of North American Industrial
                                              94–0) and isopropyl 3-hydroxybutyrate                                                                         DC), (28221T), 1200 Pennsylvania Ave.
                                                                                                      Classification System (NAICS) codes is
                                              (CAS Reg. No. 54074–94–1) when used                                                                           NW., Washington, DC 20460–0001.
                                                                                                      not intended to be exhaustive, but rather               • Hand Delivery: To make special
                                              as inert ingredients (solvents) in                      provides a guide to help readers
                                              pesticide formulations applied to                                                                             arrangements for hand delivery or
                                                                                                      determine whether this document                       delivery of boxed information, please
                                              growing crops or raw agricultural                       applies to them. Potentially affected
                                              commodities after harvest; to animals;                                                                        follow the instructions at http://
                                                                                                      entities may include:                                 www.epa.gov/dockets/contacts.html.
                                              and to food contact surfaces in public                     • Crop production (NAICS code 111).
                                              eating places, dairy-processing                                                                               Additional instructions on commenting
                                                                                                         • Animal production (NAICS code                    or visiting the docket, along with more
                                              equipment, and food-processing                          112).
                                              equipment and utensils. Steptoe and                                                                           information about dockets generally, is
                                                                                                         • Food manufacturing (NAICS code                   available at http://www.epa.gov/
                                              Johnson, on behalf of Eastman Chemical                  311).
                                              Company, submitted a petition to EPA                                                                          dockets.
                                                                                                         • Pesticide manufacturing (NAICS
                                              under the Federal Food, Drug, and                                                                             II. Petition for Exemption
                                                                                                      code 32532).
                                              Cosmetic Act (FFDCA), requesting                                                                                 In the Federal Register of November
                                              establishment of these exemptions from                  B. How can I get electronic access to                 23, 2015 (80 FR 72941) (FRL–9936–73),
                                              the requirement of a tolerance. This                    other related information?                            EPA issued a document pursuant to
                                              regulation eliminates the need to                         You may access a frequently updated                 FFDCA section 408, 21 U.S.C. 346a,
                                              establish a maximum permissible level                   electronic version of 40 CFR part 180                 announcing the filing of a pesticide
                                              for residues of n-butyl 3-                              through the Government Printing                       petition (PP IN–10841) by Steptoe and
                                              hydroxybutyrate and isopropyl 3-                        Office’s e-CFR site at http://                        Johnson LLP (1330 Connecticut Avenue
                                              hydroxybutyrate when applied or used                    www.ecfr.gov/cgi-bin/text-                            NW., Washington, DC 20036–1795) on
                                              under these conditions.                                 idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                  behalf of the Eastman Chemical
                                              DATES: This regulation is effective                     40tab_02.tpl.                                         Company (200 South Wilcox Drive,
                                              August 15, 2016. Objections and                                                                               Kingsport, TN 37660–5280). The
                                              requests for hearings must be received                  C. How can I file an objection or hearing
                                                                                                                                                            petition requested that 40 CFR 180.910,
                                              on or before October 14, 2016, and must                 request?
                                                                                                                                                            180.930, and 180.940 be amended to
                                              be filed in accordance with the                           Under FFDCA section 408(g), 21                      establish exemptions from the
                                              instructions provided in 40 CFR part                    U.S.C. 346a, any person may file an                   requirement of a tolerance for residues
                                              178 (see also Unit I.C. of the                          objection to any aspect of this regulation            of n-butyl 3-hydroxybutyrate (CAS Reg.
                                              SUPPLEMENTARY INFORMATION).                             and may also request a hearing on those               No. 53605–94–0); and isopropyl 3-
                                              ADDRESSES: The docket for this action,                  objections. You must file your objection              hydroxybutyrate (CAS Reg. No. 54074–
                                              identified by docket identification (ID)                or request a hearing on this regulation               94–1) when used as inert ingredients
                                              number EPA–HQ–OPP–2015–0719, is                         in accordance with the instructions                   (solvents) in pesticide formulations
                                              available at http://www.regulations.gov                 provided in 40 CFR part 178. To ensure                applied to pre- and post-harvest crops
                                              or at the Office of Pesticide Programs                  proper receipt by EPA, you must                       under 40 CFR 180.910; to animals under
                                              Regulatory Public Docket (OPP Docket)                   identify docket ID number EPA–HQ–                     40 CFR 180.930; and to food contact
sradovich on DSK3GMQ082PROD with RULES




                                              in the Environmental Protection Agency                  OPP–2015–0719 in the subject line on                  surface sanitizing solutions under 40
                                              Docket Center (EPA/DC), West William                    the first page of your submission. All                CFR 180.940(a). That document
                                              Jefferson Clinton Bldg., Rm. 3334, 1301                 objections and requests for a hearing                 referenced a summary of the petition
                                              Constitution Ave. NW., Washington, DC                   must be in writing, and must be                       prepared by Steptoe and Johnson on
                                              20460–0001. The Public Reading Room                     received by the Hearing Clerk on or                   behalf of Eastman Chemical Company,
                                              is open from 8:30 a.m. to 4:30 p.m.,                    before October 14, 2016. Addresses for                the petitioner, which is available in the
                                              Monday through Friday, excluding legal                  mail and hand delivery of objections                  docket, http://www.regulations.gov.


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Document Created: 2016-08-13 02:22:47
Document Modified: 2016-08-13 02:22:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionPartial stay.
DatesEffective August 15, 2016, 40 CFR 52.145(k)(6) and Appendix A to 40 CFR 52.145 are stayed until November 14, 2016. The addition of 40 CFR 52.145(n) in this rule is also effective from August 15, 2016 until November 14, 2016.
ContactColleen McKaughan, U.S. EPA, Region 9, Air Division, Air-1, 75 Hawthorne Street, San Francisco, CA 94105. Colleen McKaughan can be reached at telephone number (520) 498-0118 and via electronic mail at [email protected]
FR Citation81 FR 53929 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Oxides; Reporting and Recordkeeping Requirements and Visibility

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