81 FR 64350 - Approval of California Air Plan Revisions, Department of Pesticide Regulations
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 182 (September 20, 2016)
Federal Register Volume 81, Issue 182 (September 20, 2016)
| Page Range | 64350-64354 | |
| FR Document | 2016-22499 |
[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)] [Rules and Regulations] [Pages 64350-64354] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22499] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0807; FRL-9951-19-Region 9] Approval of California Air Plan Revisions, Department of Pesticide Regulations AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve revisions to the California Department of Pesticide Regulations (CDPR) portion of the California State Implementation Plan (SIP). These revisions concern emissions of volatile organic compounds (VOCs) from pesticides. The overall purpose of the new and revised regulations is to restrict the use of certain nonfumigant pesticide products applied to certain crops in the San Joaquin Valley ozone nonattainment area when VOC emissions meet or exceed 95% of the 18.1 tons per day limit on VOC emissions, or 17.2 tons per day. The rules establish limits on the sale and use of high-VOC formulations of nonfumigant pesticide products that contain any of four specified primary active ingredients for use on seven specified crops grown in the San Joaquin Valley. We are approving these rules that regulate these emission sources under the Clean Air Act (CAA or the Act). DATES: These rules will be effective on October 20, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2015-0807. 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., 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 through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972- 3848, levin.nancy@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Proposed Action On February 8, 2016 (81 FR 6481), the EPA proposed to approve the following rules into the California SIP. ---------------------------------------------------------------------------------------------------------------- Adopted/ Local agency Rule # Rule title amended/ Submitted revised ---------------------------------------------------------------------------------------------------------------- CDPR............................. 3 CCR 6452......... Reduced VOC Emissions 05/23/13 02/04/15 Field Fumigation Methods. CDPR............................. 3 CCR 6452.2....... VOC Emission Limits..... 05/23/13 02/04/15 CDPR............................. 3 CCR 6558......... Recommendations for Use 05/23/13 02/04/15 of Nonfumigants in the San Joaquin Valley (SJV) Ozone Nonattainment Area (NAA). CDPR............................. 3 CCR 6577......... Sales of Nonfumigants 05/23/13 02/04/15 for Use in the SJV Ozone NAA. CDPR............................. 3 CCR 6864......... Criteria for Identifying 05/23/13 02/04/15 Pesticides as Toxic Air Contaminants. [[Page 64351]] CDPR............................. 3 CCR 6880......... Criteria to Designate 05/23/13 02/04/15 Low-VOC or High-VOC Nonfumigant Pesticide Products. CDPR............................. 3 CCR 6881......... Annual VOC Emissions 05/23/13 02/04/15 Inventory Report. CDPR............................. 3 CCR 6883......... Recommendation 05/23/13 02/04/15 Requirements in the SJV Ozone NAA. CDPR............................. 3 CCR 6884......... SJV Ozone NAA Use 05/23/13 02/04/15 Prohibitions. CDPR............................. 3 CCR 6886......... Dealer Responsibilities 05/23/13 02/04/15 for the SJV Ozone NAA. ---------------------------------------------------------------------------------------------------------------- The overall purpose of the new and revised regulations is to restrict the use of certain nonfumigant pesticide products applied to certain crops in the San Joaquin Valley ozone nonattainment area when VOC emissions meet or exceed 95% of the 18.1 tons per day limit on VOC emissions, or 17.2 tons per day. CDPR added or revised the rules specified above largely to establish limits on the sale and use of high-VOC formulations of nonfumigant pesticide products that contain abamectin, chlorpyrifos, gibberellins, or oxyfluorfen as their primary active ingredient, for use on any of the following seven crops: Alfalfa, almond, citrus, cotton, grape, pistachio, and walnut. We proposed to approve these rules because we determined that they complied with the relevant CAA requirements. Our proposed action contains more information on the rules and our evaluation. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period, we received one comment.\1\ The commenter supported EPA approval of these rules because they are in line with California's efforts to reduce smog and improve the health of the environment, which improves the quality of life of its residents. --------------------------------------------------------------------------- \1\ See http://www.regulations.gov; Docket ID ``EPA-R09-OAR- 2015-0807-0076.'' --------------------------------------------------------------------------- III. EPA Action No adverse comments were submitted. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving these rules into the California SIP. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the California rules described in the amendments to 40 CFR part 52 set forth below. Therefore, these materials have been approved by EPA for inclusion in the State Implementation Plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\2\ The EPA has made, and will continue to make, these documents available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \2\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the [[Page 64352]] Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by November 21, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 9, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. 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 F--California 0 2. Section 52.220a in paragraph (c), table 1, is amended by: 0 a. Revising the entries for ``6452'' and ``6452.2''; 0 b. Removing the entry for ``6452.4''; 0 c. Adding a table entry titled ``Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest Control Operations), Subchapter 1 (Licensing), Article 5 (Agricultural Pest Control Adviser Licenses)'' after the entry for ``6452.3''; and under it, adding an entry for ``6558''; 0 d. Adding a table entry titled ``Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest Control Operations), Subchapter 1 (Licensing), Article 6 (Pest Control Dealer Licenses)'' after the new entry ``6558''; and under it, adding an entry for ``6577''; 0 e. Adding a table entry titled ``Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 4 (Environmental Protection), Subchapter 2 (Air), Article 1 (Toxic Air Contaminants)'' after the entry ``6626''; and under it, adding an entry for ``6864''; and 0 f. Adding a table entry titled ``Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 4 (Environmental Protection), Subchapter 2 (Air), Article 2 (Volatile Organic Compounds)'' after the new entry ``6864''; and under it, adding entries for ``6880'', ``6881'', ``6883'', ``6884'', and ``6886''. The additions and revisions read as follows: Sec. 52.220a Identification of plan--partial. * * * * * (c) * * * Table 1--EPA-Approved Statutes and State Regulations \1\ -------------------------------------------------------------------------------------------------------------------------------------------------------- State effective State citation Title/Subject date EPA Approval date Additional explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 2 (Pesticides), Subchapter 4 (Restricted Materials), Article 4 (Field Fumigant Use Requirements) -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * 6452............................ Reduced Volatile Organic November 1, 2013.. 81 FR 6481, February 8, 2016....... Amends previous version of rule Compound Emissions approved at 77 FR 65294 (October Field Fumigation 26, 2012). Amended rule adopted by Methods. the California Department of Pesticide Regulation on May 23, 2013. Submitted on February 4, 2015. * * * * * * * 6452.2.......................... Volatile Organic November 1, 2013.. 81 FR 6481, February 8, 2016....... Amends previous version of rule Compound Emission approved at 77 FR 65294 (October Limits. 26, 2012). Amended rule adopted by the California Department of Pesticide Regulation on May 23, 2013. Submitted on February 4, 2015. * * * * * * * [[Page 64353]] -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest Control Operations), Subchapter 1 (Licensing), Article 5 (Agricultural Pest Control Adviser Licenses) -------------------------------------------------------------------------------------------------------------------------------------------------------- 6558............................ Recommendations for Use November 1, 2013.. 81 FR 6481, February 8, 2016....... Adopted by the California of Nonfumigants in the Department of Pesticide Regulation San Joaquin Valley on May 23, 2013. Submitted on Ozone Nonattainment February 4, 2015. Area. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest Control Operations), Subchapter 1 (Licensing), Article 6 (Pest Control Dealer Licenses) -------------------------------------------------------------------------------------------------------------------------------------------------------- 6577............................ Sales of Nonfumigants November 1, 2013.. 81 FR 6481, February 8, 2016....... Adopted by the California for Use in the San Department of Pesticide Regulation Joaquin Valley Ozone on May 23, 2013. Submitted on Nonattainment Area. February 4, 2015. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 4 (Environmental Protection), Subchapter 2 (Air), Article 1 (Toxic Air Contaminants) -------------------------------------------------------------------------------------------------------------------------------------------------------- 6864............................ Criteria for Identifying November 1, 2013.. 81 FR 6481, February 8, 2016....... Adopted by the California Pesticides as Toxic Air Department of Pesticide Regulation Contaminants. on May 23, 2013. Submitted on February 4, 2015. -------------------------------------------------------------------------------------------------------------------------------------------------------- Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 4 (Environmental Protection), Subchapter 2 (Air), Article 2 (Volatile Organic Compounds) -------------------------------------------------------------------------------------------------------------------------------------------------------- 6880............................ Criteria to Designate November 1, 2013.. September 20, 2016, [insert Federal Adopted by the California Low-Volatile Organic Register citation]. Department of Pesticide Regulation Compound (VOC) or High- on May 23, 2013. Submitted on VOC Nonfumigant February 4, 2015. Pesticide Products. 6881............................ Annual Volatile Organic November 1, 2013.. September 20, 2016, [insert Federal Amends and renumbers previous Compound Emissions Register citation]. version of rule approved at 77 FR Inventory Report. 65294 (October 26, 2012) as 3 CCR Sec. 6452.4. Amended and renumbered rule adopted by the California Department of Pesticide Regulation on May 23, 2013. Submitted on February 4, 2015. 6883............................ Recommendation November 1, 2013.. September 20, 2016, [insert Federal Adopted by the California Requirements in the San Register citation]. Department of Pesticide Regulation Joaquin Valley Ozone on May 23, 2013. Submitted on Nonattainment Area. February 4, 2015. 6884............................ San Joaquin Valley Ozone November 1, 2013.. September 20, 2016, [insert Federal Adopted by the California Nonattainment Area Use Register citation]. Department of Pesticide Regulation Prohibitions. on May 23, 2013. Submitted on February 4, 2015. 6886............................ Dealer Responsibilities November 1, 2013.. September 20, 2016, [insert Federal Adopted by the California for the San Joaquin Register citation]. Department of Pesticide Regulation Valley Ozone on May 23, 2013. Submitted on Nonattainment Area. February 4, 2015. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that are cited in certain regulations listed in table 1. Approved California statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e). [[Page 64354]] * * * * * [FR Doc. 2016-22499 Filed 9-19-16; 8:45 am] BILLING CODE 6560-50-P
![64350 Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations
EPA-APPROVED IOWA REGULATIONS
State
Iowa citation Title effective EPA Approval date Explanation
date
Iowa Department of Natural Resources Environmental Protection Commission (567)
Chapter 20—Scope of Title—Definitions—Forms—Rule of Practice
* * * * * * *
567–20.2 ........................ Definitions ..................... 4/22/15 6/17/16; 81 FR 39585 ... The definitions for ‘‘anaerobic lagoon,’’ ‘‘odor,’’
‘‘odorous substance,’’ ‘‘odorous substance
source’’ are not SIP approved.
* * * * * * *
Chapter 22—Controlling Pollution
567–22.3 ........................ Issuing Permits ............. 4/22/15 6/11/15; 80 FR 33192 ... Subrule 22.3(6) has not been approved as part
of the SIP. Subrule 22.3(6), Limits on Haz-
ardous Air Pollutants, has been approved
under Title V and section 112(l). The remain-
der of the rule has not been approved pursu-
ant to Title V and section 112(l).
* * * * * * *
* * * * * the use of certain nonfumigant pesticide Certain other material, such as
[FR Doc. 2016–22398 Filed 9–19–16; 8:45 am] products applied to certain crops in the copyrighted material, is not placed on
BILLING CODE 6560–50–P San Joaquin Valley ozone the Internet and will be publicly
nonattainment area when VOC available only in hard copy form.
emissions meet or exceed 95% of the Publicly available docket materials are
ENVIRONMENTAL PROTECTION 18.1 tons per day limit on VOC available through http://
AGENCY emissions, or 17.2 tons per day. The www.regulations.gov, or please contact
rules establish limits on the sale and use the person identified in the FOR FURTHER
40 CFR Part 52 of high-VOC formulations of INFORMATION CONTACT section for
[EPA–R09–OAR–2015–0807; FRL–9951–19– nonfumigant pesticide products that additional availability information.
Region 9] contain any of four specified primary FOR FURTHER INFORMATION CONTACT:
active ingredients for use on seven Nancy Levin, EPA Region IX, (415) 972–
Approval of California Air Plan specified crops grown in the San
Revisions, Department of Pesticide 3848, levin.nancy@epa.gov.
Joaquin Valley. We are approving these
Regulations SUPPLEMENTARY INFORMATION:
rules that regulate these emission
sources under the Clean Air Act (CAA Throughout this document, ‘‘we,’’ ‘‘us’’
AGENCY: Environmental Protection and ‘‘our’’ refer to the EPA.
Agency (EPA). or the Act).
ACTION: Final rule. DATES:These rules will be effective on Table of Contents
October 20, 2016.
SUMMARY: The Environmental Protection I. Proposed Action
Agency (EPA) is taking final action to ADDRESSES: The EPA has established a II. Public Comments and EPA Responses
approve revisions to the California docket for this action under Docket ID III. EPA Action
Department of Pesticide Regulations No. EPA–R09–OAR–2015–0807. All IV. Incorporation by Reference
(CDPR) portion of the California State documents in the docket are listed on V. Statutory and Executive Order Reviews
Implementation Plan (SIP). These the http://www.regulations.gov Web
I. Proposed Action
revisions concern emissions of volatile site. Although listed in the index, some
organic compounds (VOCs) from information is not publicly available, On February 8, 2016 (81 FR 6481), the
pesticides. The overall purpose of the e.g., CBI or other information whose EPA proposed to approve the following
new and revised regulations is to restrict disclosure is restricted by statute. rules into the California SIP.
Adopted/
Local agency Rule # Rule title amended/ Submitted
revised
CDPR ......................... 3 CCR 6452 ....................... Reduced VOC Emissions Field Fumigation Methods .... 05/23/13 02/04/15
CDPR ......................... 3 CCR 6452.2 .................... VOC Emission Limits ..................................................... 05/23/13 02/04/15
Lhorne on DSK30JT082PROD with RULES
CDPR ......................... 3 CCR 6558 ....................... Recommendations for Use of Nonfumigants in the San 05/23/13 02/04/15
Joaquin Valley (SJV) Ozone Nonattainment Area
(NAA).
CDPR ......................... 3 CCR 6577 ....................... Sales of Nonfumigants for Use in the SJV Ozone NAA 05/23/13 02/04/15
CDPR ......................... 3 CCR 6864 ....................... Criteria for Identifying Pesticides as Toxic Air Contami- 05/23/13 02/04/15
nants.
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![Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations 64353
TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State citation Title/Subject State effective date EPA Approval date Additional explanation
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest Control Operations), Subchapter 1
(Licensing), Article 5 (Agricultural Pest Control Adviser Licenses)
6558 ......................... Recommendations for Use of Non- November 1, 2013 81 FR 6481, February 8, Adopted by the California
fumigants in the San Joaquin Valley 2016. Department of Pesticide
Ozone Nonattainment Area. Regulation on May 23,
2013. Submitted on
February 4, 2015.
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest Control Operations), Subchapter 1
(Licensing), Article 6 (Pest Control Dealer Licenses)
6577 ......................... Sales of Nonfumigants for Use in the November 1, 2013 81 FR 6481, February 8, Adopted by the California
San Joaquin Valley Ozone Nonattain- 2016. Department of Pesticide
ment Area. Regulation on May 23,
2013. Submitted on
February 4, 2015.
* * * * * * *
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 4 (Environmental Protection), Subchapter 2
(Air), Article 1 (Toxic Air Contaminants)
6864 ......................... Criteria for Identifying Pesticides as November 1, 2013 81 FR 6481, February 8, Adopted by the California
Toxic Air Contaminants. 2016. Department of Pesticide
Regulation on May 23,
2013. Submitted on
February 4, 2015.
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 4 (Environmental Protection), Subchapter 2
(Air), Article 2 (Volatile Organic Compounds)
6880 ......................... Criteria to Designate Low-Volatile Or- November 1, 2013 September 20, 2016, [in- Adopted by the California
ganic Compound (VOC) or High-VOC sert Federal Register Department of Pesticide
Nonfumigant Pesticide Products. citation]. Regulation on May 23,
2013. Submitted on
February 4, 2015.
6881 ......................... Annual Volatile Organic Compound November 1, 2013 September 20, 2016, [in- Amends and renumbers
Emissions Inventory Report. sert Federal Register previous version of rule
citation]. approved at 77 FR
65294 (October 26,
2012) as 3 CCR
§ 6452.4. Amended and
renumbered rule adopt-
ed by the California De-
partment of Pesticide
Regulation on May 23,
2013. Submitted on
February 4, 2015.
6883 ......................... Recommendation Requirements in the November 1, 2013 September 20, 2016, [in- Adopted by the California
San Joaquin Valley Ozone Nonattain- sert Federal Register Department of Pesticide
ment Area. citation]. Regulation on May 23,
2013. Submitted on
February 4, 2015.
6884 ......................... San Joaquin Valley Ozone Nonattain- November 1, 2013 September 20, 2016, [in- Adopted by the California
ment Area Use Prohibitions. sert Federal Register Department of Pesticide
citation]. Regulation on May 23,
2013. Submitted on
February 4, 2015.
6886 ......................... Dealer Responsibilities for the San Joa- November 1, 2013 September 20, 2016, [in- Adopted by the California
quin Valley Ozone Nonattainment sert Federal Register Department of Pesticide
Area. citation]. Regulation on May 23,
2013. Submitted on
February 4, 2015.
Lhorne on DSK30JT082PROD with RULES
* * * * * * *
1 Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists
approved California test procedures, test methods and specifications that are cited in certain regulations listed in table 1. Approved California
statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e).
VerDate Sep<11>2014 18:07 Sep 19, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM 20SER1](https://thefederalregister.org/doc/81_FR_64532/page/4.svg)
![64354 Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations
* * * * * contact the person listed in the FOR submission that TDEC provided in final
[FR Doc. 2016–22499 Filed 9–19–16; 8:45 am] FURTHER INFORMATION CONTACT section to form on July 15, 2016.
BILLING CODE 6560–50–P schedule your inspection. The Regional
II. Incorporation by Reference
Office’s official hours of business are
Monday through Friday 8:30 a.m. to In this rule, EPA is finalizing
ENVIRONMENTAL PROTECTION 4:30 p.m., excluding Federal holidays. regulatory text that includes
AGENCY FOR FURTHER INFORMATION CONTACT: incorporation by reference. In
Kelly Sheckler, Air Regulatory accordance with requirements of 1 CFR
40 CFR Part 52 51.5, EPA is finalizing the incorporation
Management Section, Air Planning and
[EPA–R04–OAR–2016–0011; FRL–9952–50– Implementation Branch, Air, Pesticides by reference of TDEC Regulation TAPCR
Region 4] and Toxics Management Division, U.S. 1200–3–18–.24, entitled ‘‘Gasoline
Environmental Protection Agency, Dispensing Facilities,’’ effective July 14,
Air Plan Approval; Tennessee; Region 4, 61 Forsyth Street SW., 2016. Therefore, these materials have
Revision and Removal of Stage I and Atlanta, Georgia 30303–8960. Ms. been approved by EPA for inclusion in
II Gasoline Vapor Recovery Program Sheckler’s phone number is (404) 562– the State Implementation Plan, have
9222. She can also be reached via been incorporated by reference by EPA
AGENCY: Environmental Protection
electronic mail at sheckler.kelly@ into that plan, are fully federally
Agency.
epa.gov. enforceable under sections 110 and 113
ACTION: Final rule. of the CAA as of the effective date of the
SUPPLEMENTARY INFORMATION: final rulemaking of EPA’s approval, and
SUMMARY: The Environmental Protection
Agency (EPA) is approving a revision to I. Background will be incorporated by reference by the
the State Implementation Plan (SIP) On July 15, 2016, Tennessee Director of the Federal Register in the
submitted by the State of Tennessee submitted a SIP revision to EPA seeking next update to the SIP compilation.2
through the Tennessee Department of modifications of the Stage II and Stage The EPA has made, and will continue
Environment and Conservation (TDEC), I requirements in the State. First, in to make, these materials generally
for parallel processing on February 8, relation to Stage II, TDEC seeks the available through www.regulations.gov
2016, and in final form on July 15, 2016. removal of the Stage II vapor recovery and/or at the EPA Region 4 Office
This SIP revision seeks to lower requirements from TAPCR 1200–3–18- (please contact the person identified in
applicability thresholds for certain .24 through the addition of requirements the FOR FURTHER INFORMATION CONTACT
sources subject to Federal Stage I for decommissioning, and the phase out section of this preamble for more
requirements, remove the Stage II vapor of the Stage II vapor recovery systems information).
control requirements, and add over a 3-year period from January 1, III. Final Action
requirements for decommissioning 2016, to January 1, 2019, in Davidson,
EPA is taking final action to approve
gasoline dispensing facilities, as well as Rutherford, Sumner, Williamson and
Tennessee’s July 15, 2016, SIP revision
requirements for new and upgraded Wilson Counties. Second, TDEC seeks to
that changes Tennessee Gasoline
gasoline dispensing facilities in the amend the Stage I requirements for
Dispensing Facilities, Stage I and II
Nashville, Tennessee Area. EPA has gasoline dispensing facilities by
Vapor Recovery, TAPCR rule 1200–03–
determined that Tennessee’s July 15, adopting by reference the federal
18–.24. to: (1) Allow for the removal of
2016, SIP revision is approvable because requirements of 40 CFR part 63, subpart
the Stage II requirement and the orderly
it is consistent with the Clean Air Act CCCCCC and removing most of the
State-specific language for Stage I vapor decommissioning of Stage II equipment;
(CAA or Act).
recovery. EPA published a proposed and (2) incorporate by reference Federal
DATES: This rule will be effective rule 40 CFR part 63, subpart CCCCCC,
October 20, 2016. rulemaking through parallel processing
on June 1, 2016 (81 FR 34940), to and remove certain non-state-specific
ADDRESSES: EPA has established a requirements for the Stage I. EPA has
docket for this action under Docket approve TDEC’s February 8, 2016, draft
SIP revision. The details of Tennessee’s determined that Tennessee’s July 15,
Identification No. EPA–R04–OAR– 2016, SIP revision related to the State’s
2016–0011. All documents in the docket submittal and the rationale for EPA’s
action are explained in the proposed Stage I and II rules is consistent with the
are listed on the www.regulations.gov CAA and EPA’s regulations and
Web site. Although listed in the index, rule. The comment period for this
proposed rulemaking closed on July 1, guidance.
some information is not publicly
available, i.e., Confidential Business 2016. EPA did not receive any IV. Statutory and Executive Order
Information or other information whose comments, adverse or otherwise, related Reviews
disclosure is restricted by statute. to this rulemaking during the public
Under the CAA, the Administrator is
Certain other material, such as comment period.1 EPA noted in its June
required to approve a SIP submission
copyrighted material, is not placed on 1, 2016, proposed rulemaking that the
that complies with the provisions of the
Agency would take final action based on
the Internet and will be publicly Act and applicable federal regulations.
that proposed rulemaking only if no
available only in hard copy form. See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
substantive changes were made to
Publicly available docket materials are Thus, in reviewing SIP submissions,
Tennessee’s submission when it was
available either electronically through EPA’s role is to approve state choices,
provided to EPA in final form. On July
www.regulations.gov or in hard copy at provided that they meet the criteria of
15, 2016, Tennessee provided its final
the Air Regulatory Management Section, the CAA. Accordingly, this action
SIP revision for the aforementioned
Air Planning and Implementation merely approves state law as meeting
changes and no substantive changes had
Lhorne on DSK30JT082PROD with RULES
Branch, Air, Pesticides and Toxics federal requirements and does not
been made between the submission for
Management Division, U.S. impose additional requirements beyond
which EPA proposed approval and the
Environmental Protection Agency, those imposed by state law. For that
Region 4, 61 Forsyth Street SW., 1 EPA received a comment unrelated to the reason, this action:
Atlanta, Georgia 30303–8960. EPA subject of this rulemaking. See the docket for
requests that if at all possible, you today’s rulemaking for this comment in its entirety. 2 See 62 FR 27968 (May 22, 1997).
VerDate Sep<11>2014 14:00 Sep 19, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM 20SER1](https://thefederalregister.org/doc/81_FR_64532/page/5.svg)
Document Created: 2018-02-09 13:20:29
Document Modified: 2018-02-09 13:20:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | These rules will be effective on October 20, 2016. | |
| Contact | Nancy Levin, EPA Region IX, (415) 972- 3848, [email protected] | |
| FR Citation | 81 FR 64350 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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