81 FR 6481 - Approval of California Air Plan Revisions, Department of Pesticide Regulations
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 25 (February 8, 2016)
Federal Register Volume 81, Issue 25 (February 8, 2016)
| Page Range | 6481-6483 | |
| FR Document | 2016-02314 |
[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)] [Proposed Rules] [Pages 6481-6483] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02314] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0807; FRL-9941-94-Region 9] Approval of California Air Plan Revisions, Department of Pesticide Regulations AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing 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. We are proposing to approve these rules to regulate these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action. DATES: Any comments must arrive by March 9, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09- OAR-2015-0807 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972- 3848, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. The State's Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rules and rule revisions? II. The EPA's Evaluation and Action A. How is the EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. EPA Recommendations To Further Improve the Rules D. Public Comment and Proposed Action III. Incorporation by reference IV. Statutory and Executive Order Reviews [[Page 6482]] I. The State's Submittal A. What rules did the State submit? This proposal addresses additions and amendments to Title 3 of the California Code of Regulations (3 CCR) made by CDPR Regulation 12-001 (``Nonfumigant Regulations''). Table 1 lists the new and amended regulations with the dates that they were adopted by the CDPR and submitted by the California Air Resources Board (CARB). Table 1--Submitted Rules ---------------------------------------------------------------------------------------------------------------- Adopted/ Local agency Rule No. Rule title amended Submitted ---------------------------------------------------------------------------------------------------------------- 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 05/23/13 02/04/15 Use 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 05/23/13 02/04/15 Identifying Pesticides as Toxic Air Contaminants. 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 05/23/13 02/04/15 Responsibilities for the SJV Ozone NAA. ---------------------------------------------------------------------------------------------------------------- On August 4, 2015, the submittal for CDPR's Nonfumigant Regulations was deemed by operation of law to meet the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of these rules? There are no previous versions of 3 CCR 6558, 6577, 6864, 6880, 6883, 6884, or 6886 in the SIP. We approved earlier versions of 3 CCR 6452, 6452.2 and 6452.4 (now 6881) into the SIP on October 26, 2012 (77 FR 65294). C. What is the purpose of the submitted rules and rule revisions? VOCs help produce ground-level ozone, smog and PM, which harm human health and the environment. Section 110(a) of the CAA requires States to submit regulations that control VOC emissions. The overall purpose of the new and amended regulations is to regulate certain nonfumigant pesticide products applied to certain crops in the SJV ozone NAA 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. These restrictions are only triggered when the VOC emissions meet or exceed 17.2 tons per day, as reported in the CDPR's Annual VOC Emissions Inventory Report. They apply only during the May-October ``ozone season.'' Once high-VOC product prohibitions are in effect, they must remain in effect until the ``hypothetical emissions'' (i.e., the estimated VOC emissions if the prohibitions were not in effect) for pesticides in the SJV ozone NAA comply with the 17.2 tons per day limit for at least two consecutive years. The rules include a calculation to determine the ``hypothetical emissions.'' The rules also require pest control dealers to provide customers written information about these restrictions and to indicate on the invoice that the written information was provided. Pest control advisors are prohibited from recommending a restricted nonfumigant product, unless it qualifies under an exception. The EPA's technical support document (TSD) has more information about these rules. II. The EPA's Evaluation and Action A. How is the EPA evaluating the rules? SIP rules must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (see CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (see CAA section 193). Generally, SIP rules must require Reasonably Available Control Technology (RACT) for each category of sources covered by a Control Techniques Guidelines (CTG) document as well as each major source of VOCs in ozone nonattainment areas classified as moderate or above (see CAA section 182(b)(2)). Because there are no relevant EPA CTG documents and because there are no major sources of VOCs for nonfumigant pesticides, nonfumigant pesticides are not subject to RACT requirements. However, nonfumigant pesticide use is subject to other VOC limits and requirements described in the TSD. Guidance and policy documents that we use to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following: 1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 1990). 2. ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook). B. Do the rules meet the evaluation criteria? We believe these rules are consistent with CAA requirements and relevant guidance regarding enforceability, stringency, and SIP revisions. The TSD has more information on our evaluation. C. EPA Recommendations To Further Improve the Rules The TSD describes additional rule revisions that we recommend for the next time the local agency modifies the rules but are not currently the basis for rule disapproval. E. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rules because we believe they fulfill all relevant requirements. We will accept comments [[Page 6483]] from the public on this proposal until March 9, 2016. Unless we receive convincing new information during the comment period, we intend to publish a final approval action that will incorporate these rules into the federally enforceable SIP. III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the CDPR rules as described in Table 1 of this notice. The EPA has made, and will continue to make, these documents available electronically through www.regulations.gov and in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). IV. 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 proposed action merely proposes to approve State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); 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 disproportionate human health or environmental effects with practical, appropriate, 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). 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. Authority: 42 U.S.C. 7401 et seq. Dated: January 14, 2016. Jared Blumenfeld, Regional Administrator, Region IX. [FR Doc. 2016-02314 Filed 2-5-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules 6481
regulatory action under Executive Order Dated: February 2, 2016. compounds (VOCs) from pesticides. We
12866. VA’s impact analysis can be William F. Russo, are proposing to approve these rules to
found as a supporting document at Director, Office of Regulation Policy & regulate these emission sources under
http://www.regulations.gov, usually Management, Office of the General Counsel, the Clean Air Act (CAA or the Act). We
within 48 hours after the rulemaking Department of Veterans Affairs. are taking comments on this proposal
document is published. Additionally, a For the reasons set forth in the and plan to follow with a final action.
copy of the rulemaking and its impact preamble, we propose to amend 38 CFR
analysis are available on VA’s Web site DATES:Any comments must arrive by
part 17 as follows: March 9, 2016.
at http://www.va.gov/orpm/, by
following the link for ‘‘VA Regulations PART 17—MEDICAL ADDRESSES: Submit your comments,
Published From FY 2004 Through Fiscal identified by Docket ID No. EPA–R09–
Year to Date. ■ 1. The authority citation for part 17 OAR–2015–0807 at http://
continues to read as follows: www.regulations.gov, or via email to
Unfunded Mandates
Authority: 38 U.S.C. 501, and as noted in Steckel.Andrew@epa.gov. For comments
The Unfunded Mandates Reform Act specific sections. submitted at Regulations.gov, follow the
of 1995 requires, at 2 U.S.C. 1532, that online instructions for submitting
agencies prepare an assessment of ■ 2. Amend § 17.96 by revising the
introductory paragraph to read as comments. Once submitted, comments
anticipated costs and benefits before cannot be edited or removed from
issuing any rule that may result in the follows:
Regulations.gov. For either manner of
expenditure by State, local, and tribal § 17.96 Medication prescribed by non-VA submission, the EPA may publish any
governments, in the aggregate, or by the physicians. comment received to its public docket.
private sector, of $100 million or more Any prescription, which is not part of Do not submit electronically any
(adjusted annually for inflation) in any authorized Department of Veterans information you consider to be
one year. This proposed rule would Affairs hospital or outpatient care, for Confidential Business Information (CBI)
have no such effect on State, local, and drugs and medicines ordered by a or other information whose disclosure is
tribal governments, or on the private private or non-Department of Veterans restricted by statute. Multimedia
sector. Affairs doctor of medicine or doctor of submissions (audio, video, etc.) must be
Catalog of Federal Domestic Assistance osteopathy duly licensed to practice in accompanied by a written comment.
the jurisdiction where the prescription The written comment is considered the
The Catalog of Federal Domestic
is written, shall be filled by a official comment and should include
Assistance numbers and titles for the
Department of Veterans Affairs discussion of all points you wish to
programs affected by this document are
pharmacy or a non-VA pharmacy under make. The EPA will generally not
64.007, Blind Rehabilitation Centers;
contract with VA, to include non-VA consider comments or comment
64.008, Veterans Domiciliary Care;
pharmacy in a state home under contents located outside of the primary
64.009, Veterans Medical Care Benefits;
contract with VA for filling submission (i.e. on the web, cloud, or
64.010, Veterans Nursing Home Care;
prescriptions for patients in state other file sharing system). For
64.011, Veterans Dental Care; 64.012,
homes, provided: additional submission methods, please
Veterans Prescription Service; 64.014,
Veterans State Domiciliary Care; 64.015, * * * * * contact the person identified in the FOR
Veterans State Nursing Home Care; FURTHER INFORMATION CONTACT section.
[§ 17.97 Removed and Reserved]
64.018, Sharing Specialized Medical For the full EPA public comment policy,
■ 3. Remove § 17.97 and mark as information about CBI or multimedia
Resources; 64.019, Veterans
reserved for future use. submissions, and general guidance on
Rehabilitation Alcohol and Drug
Dependence; 64.022, Veterans Home [FR Doc. 2016–02350 Filed 2–5–16; 8:45 am] making effective comments, please visit
Based Primary Care; and 64.024, VA BILLING CODE 8320–01–P http://www2.epa.gov/dockets/
Homeless Providers Grant and Per Diem commenting-epa-dockets.
Program. FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION Nancy Levin, EPA Region IX, (415) 972–
Signing Authority
AGENCY 3848, levin.nancy@epa.gov.
The Secretary of Veterans Affairs, or
designee, approved this document and 40 CFR Part 52 SUPPLEMENTARY INFORMATION:
authorized the undersigned to sign and Throughout this document, ‘‘we,’’ ‘‘us’’
[EPA–R09–OAR–2015–0807; FRL–9941–94–
submit the document to the Office of the and ‘‘our’’ refer to the EPA.
Region 9]
Federal Register for publication
electronically as an official document of Table of Contents
Approval of California Air Plan
the Department of Veterans Affairs. Revisions, Department of Pesticide I. The State’s Submittal
Robert D. Snyder, Interim Chief of Staff, Regulations A. What rules did the State submit?
Department of Veterans Affairs, B. Are there other versions of these rules?
approved this document on January 29, AGENCY: Environmental Protection C. What is the purpose of the submitted
2016, for publication. Agency (EPA).
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
rules and rule revisions?
ACTION: Proposed rule. II. The EPA’s Evaluation and Action
List of Subjects in 38 CFR Part 17
A. How is the EPA evaluating the rules?
Administrative practice and SUMMARY: The Environmental Protection B. Do the rules meet the evaluation
procedure, Alcohol abuse, Alcoholism, Agency (EPA) is proposing to approve criteria?
Claims, Day care, Dental health, Drug revisions to the California Department C. EPA Recommendations To Further
abuse, Health care, Health facilities, of Pesticide Regulations (CDPR) portion Improve the Rules
Health professions, Health records, of the California State Implementation D. Public Comment and Proposed Action
Homeless, Mental health programs, Plan (SIP). These revisions concern III. Incorporation by reference
Nursing homes, Veterans. emissions of volatile organic IV. Statutory and Executive Order Reviews
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![Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules 6483
from the public on this proposal until • is not a significant regulatory action Quality Standards (NAAQS). These
March 9, 2016. Unless we receive subject to Executive Order 13211 (66 FR submittals address how the existing SIP
convincing new information during the 28355, May 22, 2001); provides for implementation,
comment period, we intend to publish • is not subject to requirements of maintenance, and enforcement of the
a final approval action that will Section 12(d) of the National 2008 O3 and 2010 NO2 NAAQS
incorporate these rules into the federally Technology Transfer and Advancement (infrastructure SIPs or i-SIPs). These i-
enforceable SIP. Act of 1995 (15 U.S.C. 272 note) because SIPs ensure that the State’s SIP is
application of those requirements would adequate to meet the state’s
III. Incorporation by Reference
be inconsistent with the Clean Air Act; responsibilities under the Federal Clean
In this rule, the EPA is proposing to and Air Act (CAA).
include in a final EPA rule regulatory • does not provide the EPA with the
DATES: Written comments must be
text that includes incorporation by discretionary authority to address
received on or before March 9, 2016.
reference. In accordance with disproportionate human health or
requirements of 1 CFR 51.5, the EPA is environmental effects with practical, ADDRESSES: Submit your comments,
proposing to incorporate by reference appropriate, and legally permissible identified by Docket No. EPA–R06–
the CDPR rules as described in Table 1 methods under Executive Order 12898 OAR–2012–0953 at http://
of this notice. The EPA has made, and (59 FR 7629, February 16, 1994). www.regulations.gov or via email to
will continue to make, these documents In addition, the SIP is not approved fuerst.sherry@epa.gov. Follow the
available electronically through to apply on any Indian reservation land online instructions for submitting
www.regulations.gov and in hard copy or in any other area where the EPA or comments. Once submitted, comments
at the appropriate EPA office (see the an Indian tribe has demonstrated that a cannot be edited or removed from
ADDRESSES section of this preamble for tribe has jurisdiction. In those areas of Regulations.gov. The EPA may publish
more information). Indian country, the rule does not have any comment received to its public
tribal implications and will not impose docket. Do not submit electronically any
IV. Statutory and Executive Order
substantial direct costs on tribal information you consider to be
Reviews
governments or preempt tribal law as Confidential Business Information (CBI)
Under the Clean Air Act, the specified by Executive Order 13175 (65 or other information whose disclosure is
Administrator is required to approve a FR 67249, November 9, 2000). restricted by statute. Multimedia
SIP submission that complies with the submissions (audio, video, etc.) must be
provisions of the Act and applicable List of Subjects in 40 CFR Part 52
accompanied by a written comment.
Federal regulations. 42 U.S.C. 7410(k); Environmental protection, Air The written comment is considered the
40 CFR 52.02(a). Thus, in reviewing SIP pollution control, Incorporation by official comment and should include
submissions, the EPA’s role is to reference, Intergovernmental relations, discussion of all points you wish to
approve State choices, provided that Ozone, Reporting and recordkeeping make. The EPA will generally not
they meet the criteria of the Clean Air requirements, Volatile organic consider comments or comment
Act. Accordingly, this proposed action compounds. contents located outside of the primary
merely proposes to approve State law as Authority: 42 U.S.C. 7401 et seq. submission (i.e. on the web, cloud, or
meeting Federal requirements and does other file sharing system). For
not impose additional requirements Dated: January 14, 2016.
additional submission methods, please
beyond those imposed by State law. For Jared Blumenfeld, contact Sherry Fuerst, (214) 665–6454,
that reason, this proposed action: Regional Administrator, Region IX. fuerst.sherry@epa.gov. For the full EPA
• Is not a ‘‘significant regulatory [FR Doc. 2016–02314 Filed 2–5–16; 8:45 am] public comment policy, information
action’’ subject to review by the Office BILLING CODE 6560–50–P about CBI or multimedia submissions,
of Management and Budget under and general guidance on making
Executive Order 12866 (58 FR 51735, effective comments, please visit http://
October 4, 1993); ENVIRONMENTAL PROTECTION www2.epa.gov/dockets/commenting-
• does not impose an information AGENCY epa-dockets.
collection burden under the provisions Docket: The index to the docket for
40 CFR Part 52
of the Paperwork Reduction Act (44 this action is available electronically at
U.S.C. 3501 et seq.); [EPA–R06–OAR–2012–0953; FRL–9941–96– www.regulations.gov and in hard copy
• is certified as not having a Region 6] at EPA Region 6, 1445 Ross Avenue,
significant economic impact on a Suite 700, Dallas, Texas. While all
substantial number of small entities Approval and Promulgation of Air
Quality Implementation Plans; Texas; documents in the docket are listed in
under the Regulatory Flexibility Act (5 the index, some information may be
U.S.C. 601 et seq.); Infrastructure or Requirements for the
2008 Ozone and 2010 Nitrogen Dioxide publicly available only at the hard copy
• does not contain any unfunded location (e.g., copyrighted material), and
mandate or significantly or uniquely National Ambient Air Quality
Standards some may not be publicly available at
affect small governments, as described either location (e.g., CBI).
in the Unfunded Mandates Reform Act AGENCY: Environmental Protection
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
FOR FURTHER INFORMATION CONTACT:
of 1995 (Pub. L. 104–4); Agency (EPA).
• does not have Federalism Sherry Fuerst, telephone (214) 665–
ACTION: Proposed rule. 6454, fuerst.sherry@epa.gov. To inspect
implications as specified in Executive
Order 13132 (64 FR 43255, August 10, the hard copy materials, please schedule
SUMMARY: The Environmental Protection
1999); an appointment with her or Bill Deese
Agency (EPA) is proposing to approve
at (214) 665–7253.
• is not an economically significant elements of State Implementation Plan
regulatory action based on health or (SIP) submissions from the State of SUPPLEMENTARY INFORMATION:
safety risks subject to Executive Order Texas for Ozone (O3) and Nitrogen Throughout this document, ‘‘we,’’ ‘‘us,’’
13045 (62 FR 19885, April 23, 1997); Dioxide (NO2) National Ambient Air or ‘‘our’’ means the EPA.
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Document Created: 2016-02-06 00:24:12
Document Modified: 2016-02-06 00:24:12
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Any comments must arrive by March 9, 2016. | |
| Contact | Nancy Levin, EPA Region IX, (415) 972- 3848, [email protected] | |
| FR Citation | 81 FR 6481 | |
| 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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