+(,121/,1(

Citation: 76 Fed. Reg. 4540 2011 

Content downloaded/printed from 

HeinOnline (http://heinonline.org)

Wed Oct 29 19:08:19 2014

-- Your use of this HeinOnline PDF indicates your acceptance

 of HeinOnline's Terms and Conditions of the license

 agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from 

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

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-R08-OAR-2007-1033; A-1-FRL9209-3]

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 S0 2 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(1) 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' 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

1 All references in this notice to particular section

numbers are to the designated sections within

Regulation 1.

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 S02 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 S02 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(1) of the CAA

Section 110(1) 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(1), because

those portions do not relax existing SIP

requirements. Instead, the portions of

the July 31, 2002 submittal EPA is

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

approving increase stringency of

existing requirements, clarify existing

requirements, or remove obsolete

requirements. Therefore, section 110(1)

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.i.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 SO 2 emission

limits for petroleum and oil shale

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

regarding SO 2 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]

m 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) * * *

4541
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.i.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.l.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 Al 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 SO 2

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 Doe. 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-HQOPP-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.

4542