10184 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Rules and Regulations 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart Q—Iowa 

■ 2. In § 52.820(c) the table is amended 

by revising the entries for 567–22.1 and 

567–22.8 to read as follows: 

§ 52.820 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED IOWA REGULATIONS

Iowa citation Title State effective date EPA approval date Explanation 

Iowa Department of Natural Resources Environmental Protection Commission [567] 

* * * * * * * 

Chapter 22—Controlling Pollution 

567–22.1 ................... Permits required for New or Existing Stationary Sources.3/18/09 3/5/10 [insert FR page number where the 

document begins].

* * * * * * * 

567–22.8 ................... Permits By Rule ........................................... 3/18/09 3/5/10 [insert FR page number where the 

document begins].

.

* * * * * * * 

* * * * * 

[FR Doc. 2010–4548 Filed 3–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2008–0053; FRL–9122–9] 

RIN 2060–AN47 

National Emission Standards for 

Hazardous Air Pollutants: Area Source 

Standards for Paints and Allied 

Products Manufacturing—Technical 

Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: This action clarifies 

regulatory text of the ‘‘Revision of 

Source Category List for Standards 

Under Section 112(k) of the Clean Air 

Act; National Emission Standards for 

Hazardous Air Pollutants: Paints and 

Allied Products Manufacturing Area 

Source Standards’’ which was issued as 

a final rule on December 3, 2009. These 

technical corrections will not change 

the level of health protection the final 

rule provides or the standards and other 

requirements established by the rule. 

DATES: Effective Date: March 5, 2010 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2008–0053. All 

documents in the docket are listed in 

the Federal Docket Management System 

index at 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, 

will be publicly available only in hard 

copy form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, Public Reading 

Room, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

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

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Payne, Regulatory Development 

and Policy Analysis Group, Office of Air 

Quality Planning and Standards (C404– 

05), Environmental Protection Agency, 

Research Triangle Park, NC 27711. 

Telephone number: (919) 541–3609; fax 

number: (919) 541–0242; e-mail 

address: payne.melissa@epa.gov. 

SUPPLEMENTARY INFORMATION: Regulated 

Entities. The regulated categories and 

entities potentially affected by the final 

rule include: 

Category NAICS code 1 Examples of regulated entities 

Paint & Coating Manufacturing ................................................... 325510 Area source facilities engaged in mixing pigments, solvents, 

and binders into paints and other coatings, such as stains, 

varnishes, lacquers, enamels, shellacs, and water repellant 

coatings for concrete and masonry. 

Adhesive Manufacturing ............................................................. 325520 Area source facilities primarily engaged in manufacturing adhesives, glues, and caulking compounds. 

Printing Ink Manufacturing .......................................................... 325910 Area source facilities primarily engaged in manufacturing printing inkjet inks and inkjet cartridges. 

All Other Miscellaneous Chemical Product and Preparation 

Manufacturing.

325998 Area source facilities primarily engaged in manufacturing indelible ink, India ink, writing ink, and stamp pad ink. 

1 North American Industry Classification System. 


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Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Rules and Regulations 10185 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. To determine 

whether your facility is regulated by this 

action, you should examine the 

applicability criteria in 40 CFR 

63.11599, subpart CCCCCCC (NESHAP 

for Area Sources: Paints and Allied 

Products Manufacturing). If you have 

any questions regarding the 

applicability of this action to a 

particular entity, consult either the state 

delegated authority or the EPA regional 

representative, as listed in 40 CFR 63.13 

of subpart A (General Provisions). 

Good Cause Determination. Section 

553 of the Administrative Procedure Act 

(APA), 5 U.S.C. 553(b)(B), provides that, 

when an agency for good cause finds 

that notice and public procedure are 

impracticable, unnecessary, or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

We have determined that there is good 

cause for making today’s action final 

without prior proposal and opportunity 

for comment because the changes to the 

rule are minor technical corrections, are 

noncontroversial, and do not 

substantively change the requirements 

of the rule. Thus, notice and public 

procedure are unnecessary. We find that 

this constitutes good cause under 5 

U.S.C. 553(b)(B) (see also the final 

sentence of section 307(d)(1) of the 

Clean Air Act, 42 U.S.C. 7607(d)(1), 

indicating that the good cause 

provisions of the APA continue to apply 

to this type of rulemaking under the 

Clean Air Act). 

Section 553(d)(3) allows an agency, 

upon a finding of good cause, to make 

a rule effective immediately. Because 

today’s changes do not substantively 

change the requirements of the rule, we 

find good cause to make these technical 

corrections effective immediately. 

Electronic Access. In addition to being 

available in the docket, an electronic 

copy of this final action will also be 

available on the Worldwide Web 

(WWW) through the Technology 

Transfer Network (TTN). Following 

signature, a copy of this final action will 

be posted on the TTN’s policy and 

guidance page for newly proposed or 

promulgated rules at the following 

address: http://www.epa.gov/ttn/oarpg/. 

The TTN provides information and 

technology exchange in various areas of 

air pollution control. 

I. Corrections 

On December 3, 2009 (74 FR 63504), 

the EPA promulgated the national 

emission standards for hazardous air 

pollutants (NESHAP) for area source 

paints and allied products 

manufacturing facilities as subpart 

CCCCCCC in 40 CFR part 63. Today’s 

action contains notification of 

corrections to clarify the following 

numbering changes and editorial errors: 

1. 63.11602(a)(2)(iii) references 

63.11601(a)(4) toward the end of the 

paragraph. Instead it should reference 

63.11601(a)(5). 

2. 63.11603(c) references paragraph 

(7). There is no paragraph (7). Instead it 

should reference paragraph (6). 

3. The section that follows 

63.11603(c) is 63.11603(e). This should 

be changed to 63.11603(d). 

4. 63.11601(a)(5)(i) should end in ‘‘or.’’ 

5. Paragraph 63.11601(a)(3) is a 

carbon copy of (a)(2) and should be 

deleted. This will change the 

subsequent numbering for this section. 

6. 63.11599(b)(1): An affected source 

is existing if you commenced 

construction. * * * before June 1, 2009 

[the phrase ‘‘on or’’ is removed]. 

The corrections will become effective 

immediately (without further 

rulemaking action) on March 5, 2010. 

These simple editorial changes 

provide further clarification to the 

applicability provisions that are 

referenced in the final rule. This is 

clearly the intent of the final rule and 

was explained in detail in the preamble 

of the final rule (74 FR 63504). Today’s 

action notifies interested parties of the 

corrections. 

II. Statutory and Executive Order 

Reviews 

Under Executive Order 12866, 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), this action is 

not a ’’significant regulatory action’’ and 

is therefore not subject to review by the 

Office of Management and Budget 

(OMB). This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

The technical correction does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Because EPA has made a ‘‘good cause’’ 

finding that this action is not subject to 

notice and comment requirements 

under the APA or any other statute, it 

is not subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). In 

addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of the 

UMRA. 

The technical correction does not 

have substantial direct effects on the 

States, or on the relationship between 

the national government and the States, 

as specified in Executive Order 13132, 

Federalism (64 FR 43255, August 10, 

1999). 

Today’s action also does not 

significantly or uniquely affect the 

communities of tribal governments, as 

specified by Executive Order 13175, 

Consultation and Coordination with 

Indian Tribal Governments (65 FR 

67249, November 6, 2000). 

The technical correction is also not 

subject to Executive Order 13045, 

Protection of Children from 

Environmental Health and Safety Risks 

(62 FR 19885, April 23, 1997) because 

it is not economically significant. 

The technical correction is not subject 

to Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. 

The technical correction action does 

not involve changes to the technical 

standards related to test methods or 

monitoring methods; thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply. 

The technical correction also does not 

involve special consideration of 

environmental justice-related issues as 

required by Executive Order 12898, 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). The EPA has complied with 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights (Takings) (53 FR 8859, March 15, 

1988) by examining the takings 

implications of this rule correction in 

accordance with the ‘‘Attorney General’s 

Supplemental Guidelines for the 

Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the Executive Order. 

In issuing the technical correction, 

EPA has taken the necessary steps to 

eliminate drafting errors and ambiguity, 

minimize potential litigation, and 

provide a clear legal standard for 

affected conduct, as required by section 

3 of Executive Order 12988, Civil Justice 

Reform (61 FR 4729, February 7, 1996). 

The Congressional Review Act (CRA) 

(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 


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10186 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Rules and Regulations 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA, if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement (5 U.S.C. 

808(2)). As stated previously, EPA has 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of March 5, 

2010. The EPA will submit a report 

containing this rule 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. 

The EPA’s compliance with these 

statutes and Executive Orders for the 

underlying rule is discussed in the 

December 3, 2009, Federal Register 

notice containing the Area Source 

Paints and Allied Products 

Manufacturing final rule (74 FR 63504). 

List of Subjects for 40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: February 25, 2010. 

Gina McCarthy, 

Assistant Administrator, Office of Air and 

Radiation. 

■ For the reasons set out in the 

preamble, title 40, chapter I, part 63, of 

the Code of Federal Regulations is 

amended as follows: 

PART 63—[AMENDED] 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart CCCCCCC—[Amended] 

■ 2. Section 63.11599 is amended by 

revising paragraph (b)(1) to read as 

follows: 

§ 63.11599 Am I subject to this subpart? 

* * * * * 

(b) * * * 

(1) An affected source is existing if 

you commenced construction or 

reconstruction before June 1, 2009. 

* * * * * 

■ 3. Section 63.11601 is amended by: 

■ a. Revising paragraph (a) introductory 

text; 

■ b. Removing paragraph (a)(3); 

■ c. Redesignating paragraphs (a)(4) 

through (a)(7) as paragraphs (a)(3) 

through (a)(6); 

■ d. Revising newly designated 

paragraph (a)(4)(i) to read as follows: 

§ 63.11601 What are the standards for new 

and existing paints and allied products 

manufacturing facilities? 

(a) For each new and existing affected 

source, you must comply with the 

requirements in paragraphs (a)(1) 

through (5) of this section. These 

requirements apply at all times. 

* * * * * 

(4) You must: 

(i) Capture particulate emissions and 

route them to a particulate control 

device meeting the requirements of 

paragraph (a)(5) of this section during 

the grinding and milling of materials 

containing compounds of cadmium, 

chromium, lead, or nickel; or 

* * * * * 

■ 3. Section 63.11602 is amended by: 

■ a. In paragraph (a)(2)(iii) introductory 

text by revising the last sentence: 

■ b. In paragraph (a)(2)(iii)(A) by 

revising the last sentence; 

■ c. By revising paragraph (a)(2)(iii)(B). 

§ 63.11602 What are the performance test 

and compliance requirements for new and 

existing sources? 

(a) * * * 

(2) * * * 

(iii) * * * If the Method 203C test 

runs indicates an opacity greater than 

the limitation in § 63.11601(a)(5), you 

must comply with the requirements in 

paragraphs (a)(2)(iii)(A) through (C) of 

this section. 

(A) * * * You must continue to take 

corrective action and retest each 15 days 

until a Method 203C test indicates an 

opacity equal to or less than the 

limitation in § 63.11601(a)(5). 

(B) You must prepare a deviation 

report in accordance with 

§ 63.11603(b)(3) for each instance in 

which the Method 203C opacity results 

were greater than the limitation in 

§ 63.11601(a)(5). 

* * * * * 

■ 4. Section 63.11603 is amended by: 

■ a. Revising paragraph (c) introductory 

text; 

■ b. Redesignating paragraph (e) as 

paragraph d). 

§ 63.11603 What are the notification, 

reporting, and recordkeeping 

requirements? 

* * * * * 

(c) Records. You must maintain the 

records specified I paragraphs (c)(1) 

through (4) of this section in accordance 

with paragraphs (c)(5) through (6) of this 

section, for five years after the date of 

each recorded action. 

* * * * * 

[FR Doc. 2010–4754 Filed 3–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2005–0316; FRL–8814–6] 

Beauveria bassiana HF23; Amendment 

of Exemption from the Requirement of 

a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation amends an 

exemption from the requirement of a 

tolerance for residues of the microbial 

insecticide. Beauveria bassiana HF23 

(40 CFR 180.1273) on all food 

commodities when used to treat chicken 

and livestock facilities, from which 

manure will eventually be composted 

and used as fertilizer on agricultural 

crops. JABB of the Carolinas submitted 

a petition to EPA under the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

requesting this amendment of the 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of 

Beauveria bassiana HF23. 

DATES: This regulation is effective 

March 5, 2010. Objections and requests 

for hearings must be received on or 

before May 4, 2010, 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–2005–0316. 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 


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