8656 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations 

• 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 CAA; 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where 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. 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 22, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Particulate matter, Volatile 

organic compounds. 

Dated: February 5, 2016. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.2584 is amended by 

adding paragraph (f) to read as follows: 

§ 52.2584 Control strategy; Particulate 

matter. 

* * * * * 

(f) Approval—On December 23, 2015, 

the State of Wisconsin submitted a 

revision to its State Implementation 

Plan for the Milwaukee-RacineWaukesha (Milwaukee), Wisconsin 2006 

24-Hour Particulate Matter Maintenance 

Plan. The submittal established new 

Motor Vehicle Emissions Budgets 

(MVEB) for Volatile Organic 

Compounds (VOC) for the years 2020 

and 2025. The VOC MVEBs for the 

Milwaukee area are now: 18.274 tons 

per day for 2020 and 13.778 tons per 

day for the year 2025. 

[FR Doc. 2016–03498 Filed 2–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0666; FRL–9942–59– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Regulation To Limit 

Nitrogen Oxides Emissions From 

Large Non-Electric Generating Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the District of Columbia. 

The revision caps emissions of nitrogen 

oxides (NOX) from large non-electric 

generating units (non-EGUs) to meet the 

requirements of EPA’s NOX SIP Call. 

EPA is approving this revision to cap 

emissions of NOX from non-EGUs in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

March 23, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2015–0666. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., 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 through www.regulations.gov 

or may be viewed during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the District submittal are 

available at the District of Columbia. 

Department of Energy and Environment, 

Air Quality Division, 1200 1st Street 

NE., 5th Floor, Washington, DC 20002. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

email at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 19, 2015 (80 FR 72406), 

EPA published a notice of proposed 

rulemaking (NPR) for the District of 

Columbia. In the NPR, EPA proposed 

approval of the District’s regulation to 

cap NOX emissions from large nonEGUs to meet the requirements of EPA’s 

NOX SIP Call. The formal SIP revision 

was submitted by the District of 

Columbia on June 19, 2015. 

II. Summary of SIP Revision 

On June 19, 2015, the District 

Department of the Environment (DOEE) 

submitted a SIP revision that addresses 

NOX reductions from its non-EGUs to 

meet its obligations under the NOX SIP 

Call. The submission also removes, from 

the District’s SIP, regulation Title 20 

DCMR Chapter 10—Nitrogen Oxides 

Emissions Budget Program. Sections 

1000 through 1013 of 20 DCMR Chapter 

10 comprised the District’s Ozone 

Transport Commission (OTC) NOX

Budget Program, which preceded the 

NOX SIP Call trading program, and 

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Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations 8657 

1There are presently no EGUs in the District. 

2Applicable non-EGUs are the non-EGUs that 

were subject to the NOX SIP Call, including large 

industrial boilers and turbines with a maximum 

rated heat input capacity greater than 250 million 

British thermal units per hour (mmBtu/hr). 

section 1014 of 20 DCMR Chapter 10 

incorporated by reference the trading 

program established under the NOX SIP 

Call. Both the OTC and the NOX SIP 

Call trading programs have been 

discontinued, and the NOX SIP Call 

requirements for electric generating 

units (EGUs) are now being met under 

other trading programs.1 The June 19, 

2015 submission removes the existing 

Chapter 10 from the District’s SIP, and 

replaces it with a new Chapter 10. The 

new Chapter 10, entitled Air Quality— 

Non-EGU Limits on Nitrogen Oxides 

Emissions, establishes an ozone season 

NOX emissions cap of 25 tons on 

applicable non-EGUs in the District, and 

allocates the cap to the non-EGUs 

located at the U.S. General Services 

Administration Central Heating and 

Refrigeration Plant, with a reallocation 

required whenever a new non-EGU in 

the District becomes subject to the NOX

SIP Call.2 The regulation also requires 

continuous emissions monitoring of 

NOX emissions, recordkeeping and 

reporting pursuant to 40 CFR part 75 to 

ensure compliance with the District’s 

non-EGU emissions cap. 

Other specific requirements of the 

District’s SIP submittal and the rationale 

for EPA’s proposed action are explained 

in the NPR and will not be restated here. 

No public comments were received on 

the NPR. 

III. Final Action 

EPA is approving the District of 

Columbia’s June 19, 2015 submittal, 

which establishes an ozone season NOX

limit of 25 tons for non-EGUs, as a 

revision to the District’s SIP. The 

submission removes, from the District’s 

SIP, regulation Title 20 DCMR Chapter 

10—Nitrogen Oxides Emissions Budget 

Program, and replaces it with new 

Chapter 10—Non-EGU Limits on 

Nitrogen Oxides Emissions. 

IV. Incorporation by Reference 

In this rulemaking action, 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 revised 

District of Columbia regulation Title 20 

DCMR, Environment, Chapter 10—Air 

Quality—Non-EGU limits on Nitrogen 

Oxides Emissions, and the revised 

definition of ‘‘Fossil fuel-fired’’ in 

Chapter 1, General Rules. The EPA has 

made, and will continue to make, these 

documents generally available 

electronically through 

www.regulations.gov and/or may be 

viewed at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 CAA; 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 rulemaking action 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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 22, 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 approving the District of 

Columbia SIP submittal to cap NOX

emissions from large non-EGUs 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements. 

Dated: February 4, 2016. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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8658 Federal Register / Vol. 81, No. 34 / Monday, February 22, 2016 / Rules and Regulations 

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

Subpart J—District of Columbia 

■ 2. In § 52.470, the table in paragraph 

(c) is amended by: 

■ a. Revising the entry for ‘‘Section 

199.’’ 

■ b. Removing ‘‘Chapter 10 Nitrogen 

Oxides Emissions Budget Program 

(Sections 1000–1099).’’ 

■ c. Adding a new Chapter 10 entitled 

‘‘Air Quality—Non-EGU Limits on 

Nitrogen Oxides Emissions.’’ 

The revision and addition read as 

follows: 

§ 52.470 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP 

State citation Title/Subject State effective 

date EPA Approval date Additional explanation 

District of Columbia Municipal Regulations (DCMR), Title 20—Environment 

Chapter 1 General 

*******

Section 199 .................................. Definitions and Abbreviations ...... 03/08/15 02/22/16, [insert Federal 

Register citation].

Amended definition of 

‘‘Fossil fuel-fired’’ 

* * * * * * * 

Chapter 10 Air Quality—Non-EGU Limits on Nitrogen Oxides Emissions 

Section 1000 ................................ Applicability .................................. 03/08/15 02/22/16, [insert Federal 

Register citation].

Section 1001 ................................ NOX Emissions Budget and NOX

Limit Per Source.

03/08/15 02/22/16, [insert Federal 

Register citation].

Section 1002 ................................ Emissions Monitoring .................. 03/08/15 02/22/16, [insert Federal 

Register citation].

Section 1003 ................................ Record-Keeping and Reporting ... 03/08/15 02/22/16, [insert Federal 

Register citation].

Section 1004 ................................ Excess Emissions ........................ 03/08/15 02/22/16, [insert Federal 

Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2016–03489 Filed 2–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–1012; FRL–9941–38] 

Pyriproxyfen; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation increases the 

currently established tolerance for 

residues of pyriproxyfen in or on tea 

from 0.02 parts per million (ppm) to 15 

ppm. Sumitomo Chemical Company, 

Ltd., c/o Valent U.S.A. Corporation, 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective 

February 22, 2016. Objections and 

requests for hearings must be received 

on or before April 22, 2016, 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: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–1012, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. 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 OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@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. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

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.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

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