4540 Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations 

1All references in this notice to particular section 

numbers are to the designated sections within 

Regulation 1. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2007–1033; A–1–FRL– 

9209–3] 

Approval and Disapproval and 

Promulgation of Air Quality 

Implementation Plans; Colorado; 

Revisions to Regulation 1 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is partially approving 

and partially disapproving a State 

Implementation Plan (SIP) revision 

submitted by the State of Colorado 

regarding its Regulation 1. Regulation 1 

provides certain emission controls for 

opacity, particulates, carbon monoxide 

and sulfur dioxide. The revision 

involves the deletion of obsolete, the 

adoption of new, and the clarification of 

ambiguous provisions within Regulation 

1. The intended effect of EPA’s action is 

to make Federally enforceable the 

revised portions of Colorado’s 

Regulation 1 that EPA is approving and 

to disapprove portions of the regulation 

that EPA deems are not consistent with 

the Clean Air Act. This action is being 

taken under section 110 of the Clean Air 

Act. 

DATES: This final rule is effective 

February 25, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2007–1033. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Mark Komp, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mail Code 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, telephone number (303) 

312–6022, fax number (303) 312–6064, 

komp.mark@epa.gov. 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The words State or Colorado 

mean the State of Colorado, unless the 

context indicates otherwise. 

(v) The words Provision or Regulation 

refer to Colorado’s Regulation 1. 

(vi) The initials SO2 mean or refer to 

sulfur dioxide, HC mean or refer to 

hydrocarbons and CO mean or refer to 

Carbon Monoxide. 

(vii) The initials RACT mean or refer 

to Reasonably Available Control 

Technology. 

Table of Contents 

I. Background Information Regarding 

Colorado’s Submittal 

II. Response to Comments 

III. Section 110(l) of the CAA 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background Information Regarding 

Colorado’s Submittal 

On July 31, 2002, the State of 

Colorado submitted a formal revision to 

its SIP. The July 31, 2002 revision 

deleted obsolete provisions in Sections 

II.A.6, A.7, A.9 and C.3 1 regarding, 

respectively, alfalfa dehydrating plant 

drum dryers, wigwam burners, the static 

firing of Pershing missiles and a notice 

regarding waste materials. The 

provisions were deleted from the 

regulation because these sources no 

longer exist in the State and the notice 

regarding waste materials appears in 

other Colorado regulations. 

Colorado added language to its open 

burning provisions (Section II.C.2.d) to 

clarify that the open burning of animal 

parts and carcasses are not exempt from 

permit requirements. However, a special 

allowance to conduct open burning 

activities without a permit is provided 

where the State Agricultural 

Commission declares a public health 

emergency or a contagious or infectious 

outbreak of disease that imperils 

livestock is evident. Such activities 

require a telephone notice to State and 

local health departments prior to 

conducting such open burning 

activities. All necessary safeguards must 

be used to minimize impacts on public 

health or welfare. 

The State revised the method in 

Section III.A.1.d for calculating 

emissions from multiple fuel burning 

units ducting to a common stack. 

Emissions are to be calculated on a 

pound per million British thermal unit 

(lbs/mmBtu) input and must be based 

on a weighted average of the individual 

allowable limits for each unit. 

The State added clarifying language in 

several provisions of Regulation 1 

stating that alternative performance test 

methods may be used with approval 

from the State. It also specified that 

ASTM or equivalent methods approved 

by the State may be used for fuel 

sampling from sources subject to 

Regulation 1. 

In sections VI A.3.e. and VI.B.4.g. 

regarding SO2 emissions, the State 

changed the overall emission limit for 

petroleum and oil shale refineries from 

0.3 lbs per barrel of oil processed per 

day to 0.7 lbs per barrel of oil processed 

per day. The State also added new 

language that modifies the method for 

calculating compliance with emission 

limits for petroleum refining and 

cement manufacturing. The State 

deleted Section VI.B.5, which stipulates 

that new sources of SO2 emissions that 

do not fall in specific source categories 

are subject to a 2 ton per day emission 

limit and are to utilize best available 

control technology. 

II. Response to Comments 

EPA did not receive comments on our 

July 21, 2010 Federal Register proposed 

action regarding the partial approval 

and partial disapproval of Colorado’s 

SIP revisions to their Regulation 1. 

III. Section 110(l) of the CAA 

Section 110(l) of the Clean Air Act 

states that a SIP revision cannot be 

approved if the revision would interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress toward attainment of 

the National Ambient Air Quality 

Standards (NAAQS) or any other 

applicable requirement of the Act. 

Those portions of the revision to 

Colorado’s Regulation 1 that we are 

approving satisfy section 110(l), because 

those portions do not relax existing SIP 

requirements. Instead, the portions of 

the July 31, 2002 submittal EPA is 


Emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations 4541 

approving increase stringency of 

existing requirements, clarify existing 

requirements, or remove obsolete 

requirements. Therefore, section 110(l) 

is satisfied. 

IV. Final Action 

EPA is approving revisions to the 

following provisions in Regulation 1: (1) 

Deletion of Sections II.A.6, II.A.7, and 

II.A.9 regarding emission limits for 

sources that no longer exist in the State 

and the deletion of Section II.C.3 

regarding an obsolete notice involving 

the disposal of waste materials. The 

deletion of Sections II. A6, A.7 and A.9 

will cause a numbering change of 

subsequent paragraphs within Sections 

II.A. EPA is adopting the new 

numbering scheme for section II.A.; (2) 

revisions to Section II.C.2.d. regarding 

the burning of diseased animal carcasses 

to prevent a public health emergency; 

(3) revision of Section III.A.1.d 

involving the State’s method for 

calculating emissions from multiple fuel 

burning units ducted to a common 

stack; (4) the deletion of Section III.C.2 

regarding the deletion of process weight 

emission standards for alfalfa drum 

dryers. The deletion of Section III.C.2 

will cause a numbering change of 

subsequent paragraphs within Section 

III.C. EPA is adopting the new 

numbering scheme for section III.C.; (5) 

Federal adoption of Section V regarding 

emission standards for electric arc 

furnaces, except for a portion of Section 

V.A.2 where the State has specified that 

their director has discretion to approve 

other credible methods for determining 

emission rates; and (6) revisions to 

Sections VI.A.3.e, VI.A.3.f, VI.B.4.e, and 

VI.B.4.g.(ii) regarding the methods used 

for the averaging of emissions over a 24 

hour period. 

EPA is disapproving revisions to the 

following provisions in Regulation 1: (1) 

Revisions to Section III.A.2. and Section 

III.C.3 involving director’s discretion 

regarding the method for conducting 

performance tests; (2) the revision 

within Section V.A.2. where the State 

gives its director’s discretion regarding 

the method used to determine 

compliance with electric arc furnaces’ 

emission standards; (3) revisions to 

Sections VI.B.4.e and VI.B.4.g(ii) 

regarding changes in the SO2 emission 

limits for petroleum and oil shale 

refining; (4) revisions to Section VI.B.5 

regarding SO2 emission limits for new 

sources not falling in specified source 

categories; and (5) revisions to Sections 

VI.C. and VI.F. regarding the use of 

director’s discretion for alternative 

methods to show compliance with fuel 

sampling plans and alternative 

compliance procedures respectively. 

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, 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 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 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, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

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. 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 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 March 28, 2011. 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 23, 2010. 

Carol Rushin, 

Deputy Regional Administrator, Region 8. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart G—Colorado 

■ 2. Section 52.320 is amended by 

adding paragraph (c)(115) to read as 

follows: 

§ 52.320 Identification of plan. 

* * * * * 

(c) * * * 


Emcdonald on DSK2BSOYB1PROD with RULES
4542 Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Rules and Regulations 

(115) On July 31, 2003, the State of 

Colorado submitted revisions to 

Colorado’s 5 CCR 1001–3, Regulation 1, 

that deleted Sections II.A.6, A.7, A.9 

and C.3, regarding, respectively, alfalfa 

dehydrating plant drum dryers, wigwam 

burners, the static firing of Pershing 

missiles and a notice regarding waste 

materials. The State also deleted 

emission limitations for alfalfa plant 

drum dyers by removing Section III.C.2. 

Colorado’s deletion of Sections II. A6, 

A.7 and A.9 and Section III.C.2 will 

cause a numbering change of 

subsequent paragraphs within Sections 

II.A and III.C. EPA is adopting the new 

numbering scheme for sections II.A. and 

III C. Section II.C.2.d. regarding 

agricultural open burning is modified to 

include the burning of diseased animal 

carcasses to prevent a public health 

emergency. Section III.A.1.d is modified 

for incorporation of new State’s method 

for calculating emissions from multiple 

fuel burning units ducted to a common 

stack. Section V is added regarding 

emission standards for electric arc 

furnaces, except for the director’s 

discretion provision provided for in 

Section V.A.2. Sections VI.A.3.e, 

VI.A.3.f, VI.B.4.e, and VI.B.4.g(ii) are 

modified regarding the methods used 

for the averaging of emissions over a 24 

hour period. 

(i) Incorporation by reference. 

(A) 5 CCR 1001–3, Regulation 1, 

Emission Control for Particulates, 

Smokes, Carbon Monoxide and Sulfur 

Oxides, Section II, Smoke and Opacity, 

Section II.C.2.d, effective March 2, 2002. 

(B) 5 CCR 1001–3, Regulation 1, 

Emission Control for Particulates, 

Smokes, Carbon Monoxide and Sulfur 

Oxides, Section III, Particulate Matter, 

Fuel Burning Equipment, Section 

III.A.1.d, effective September 30, 2001. 

(C) 5 CCR 1001–3, Regulation 1, 

Emission Control for Particulates, 

Smokes, Carbon Monoxide and Sulfur 

Oxides, Section V, Emission Standard 

for Existing Iron and Steel Plant 

Operations, effective September 30, 

2001. 

(1) The submittal contains Section 

V.A.2 with the language: 

‘‘Emissions from gas-cleaning device 

shall not exceed a mass emission rate of 

0.00520 gr/dscf of filterable particulates 

maximum two-hour average, as 

measured by EPA Methods 1–4 and the 

front half of Method 5 (40 CFR 60.275, 

and Appendix A, Part 60), or by other 

credible method approved by the 

Division. This particulate emissions 

standard does not include condensable 

emissions, or the back half emissions of 

Method 5’’. The language ‘‘or by other 

credible method approved by the 

Division’’ is disapproved. The language 

‘‘Appendix A, Part 60’’ is changed to 

‘‘appendices A1 through A3, Part 60’’ in 

order to comply with the current 

nomenclature of Part 60. 

(D) 5 CCR 1001–3, Regulation 1, 

Emission Control for Particulates, 

Smokes, Carbon Monoxide and Sulfur 

Oxides, Section VI, Sulfur Dioxide 

Emission Regulations, Sections VI.A.3.e, 

VI.A.3.f, VI.B.4.e, and VI.B.4.g(ii), 

effective September 30, 2001. 

(1) Sections VI.B.4.e and VI.B.4.g(ii) 

list an emission rate of 0.7 lbs. sulfur 

dioxide, for the sum of all SO2

emissions from a given refinery per 

barrel of oil processed, per day. This 

emission rate is disapproved. The 

emission rate remains unchanged at 0.3 

lbs. All remaining language within 

Sections VI.B.4.e and VI.B.4.g(ii) is 

approved. 

[FR Doc. 2011–1497 Filed 1–25–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0713; FRL–8855–1] 

Mefenoxam; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of mefenoxam in 

or on multiple commodities which are 

identified and discussed later in this 

document. This regulation additionally 

removes the individual tolerance on 

lingonberry, as it will be superseded by 

inclusion in bushberry subgroup 

13–07B. Interregional Research Project 

Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

January 26, 2011. Objections and 

requests for hearings must be received 

on or before March 28, 2011, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0713. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. 

S–4400, One Potomac Yard (South 

Bldg.), 2777 S. Crystal Dr., Arlington, 

VA. The Docket Facility is open from 

8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays. The 

Docket Facility telephone number is 

(703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Laura Nollen, Registration Division 

(7509P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7390; e-mail address: 

nollen.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.gpoaccess.gov/ecfr. 


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