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Citation: 76 Fed. Reg. 4540 2011

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### 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 ofAirQuality Implementation Plans; Colorado; Revisionsto Regulation 1

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

SUMMARY: EPA is partially approving andpartially disapproving a State Implementation Plan (SIP) revision submitted by the State ofColorado regarding itsRegulation 1.Regulation 1 provides certain emission controls for opacity, particulates, carbon monoxide and sulfur dioxide. The revision involves the deletion ofobsolete, the adoption ofnew, and the clarification of ambiguous provisions withinRegulation 1.The intended effect ofEPA's action is
to make Federally enforceable the revised portions ofColorado's Regulation 1thatEPA is approving and
to disapprove portions ofthe regulation that EPA deems are not consistent with the Clean Air Act.This action isbeing taken under section 110 ofthe CleanAir Act.
DATES: This final rule is effective February 25, 2011. ADDRESSES: EPAhas established a docketfor this action under Docket ID No. EPA-R08-OAR-2007-1033. All documents in the docket are listed in the http://www.regulations.govindex. 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 inhttp:// www.regulations.govorin hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. EPA requests that ifat all possible, you contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy ofthe docket. You may view the hard
copy ofthe 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 thepurpose ofthis document, we

are giving meaning to certain words or initials as follows: (i) The words or initialsAct or CAA

mean or refer tothe CleanAir Act, unless the context indicates otherwise. (ii)The words EPA,we, usor our

mean or refer tothe United States Environmental Protection Agency. (iii)The initials SIPmean or refer to State Implementation Plan. (iv)The words State or Colorado

mean the State ofColorado, unlessthe
context indicates otherwise. (v)The words ProvisionorRegulation refer to Colorado's Regulation 1. (vi)The initials S0 2mean or refer to sulfur dioxide, HCmean or refer to hydrocarbons and COmean 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 toComments III. Section 110(1) ofthe 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 ofPershing 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 ofanimal parts and carcasses are not exempt from permit requirements. However, a special allowance to conduct open burning activities without a permit isprovided where the State Agricultural Commission declares a publichealth emergency ora contagious or infectious outbreak ofdisease thatimperils livestock isevident. Such activities

1Allreferences inthis noticeto particular section numbers are to the designated sections within Regulation 1. require atelephone notice to State and local health departments prior to conducting such open burning activities. Allnecessary 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 tobe calculated on a pound per million Britishthermal unit (lbs/mmBtu)input and mustbe based

on aweighted average ofthe individual allowable limits for each unit.

The State added clarifying language in several provisions ofRegulation 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. andVI.B.4.g. regarding S02 emissions, the State changed the overall emission limit for petroleum and oil shale refineries from 0.3 lbs perbarrel ofoilprocessed per day to0.7 lbsper barrel ofoil 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 2tonper day emission limit and are toutilize best available control technology.

II. Response to Comments

EPA did not receive comments on our July 21, 2010 Federal Register proposed actionregarding the partial approval andpartial disapproval ofColorado's SIP revisions to their Regulation 1.

III. Section 110(1) ofthe CAA

Section 110(1) ofthe Clean Air Act
states that a SIP revision cannot be approved ifthe revision wouldinterfere 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 ofthe Act. Those portions ofthe revision to Colorado's Regulation 1that 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 

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### 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 ofSections II.A.6, II.A.7, and II.A.9 regarding emission limits for

sources thatno longer exist inthe State andthe deletion of Section II.C.3 regarding an obsolete notice involving the disposal ofwaste materials. The deletion ofSections II. A6,A.7 andA.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 ofdiseased animal carcasses to prevent a public health emergency; (3)revision ofSection 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 ofSection III.C.2 regarding the deletion ofprocess 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 ofSection 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 ofemissions over a 24 hour period.

EPA isdisapproving 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)therevision 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 SO2emission limits for petroleum and oil shale refining; (4) revisions to Section VI.B.5 regarding SO2emission 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. Statutoryand Executive Order Reviews

Under the Clean Air Act,the Administrator is required to approve a SIP submission that complies with the provisions ofthe Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus,in reviewing SIP submissions, EPA's role isto approve State choices, provided that they meet the criteria ofthe Clean AirAct. Accordingly, this action merely
approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. Forthatreason, this action:

* Is not a "significant regulatory action" subject to reviewby the Office ofManagement and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

* Does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 etseq.);

* Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5U.S.C. 601 etseq.);

* 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 actionbased on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

* Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001);

* Is not subject to requirements of Section 12(d) ofthe National Technology Transfer and Advancement Act of1995 (15 U.S.C. 272 note)because application ofthose 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, andEPA 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 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore a rule may take effect, the
agency promulgating the rulemust submita rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United Statesprior to publication ofthe rule in the Federal Register. A majorrule
cannot take effectuntil 60 days after it is published in the Federal Register. This action is not a "major rule" as defined by 5U.S.C. 804(2).

Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review of this action must be filed inthe United States Court ofAppeals for the appropriate circuit by March 28, 2011. Filing a petition for reconsideration by the Administrator ofthis final rule does
not affect the finality ofthis action for the purposes ofjudicial review nor does it extend the timewithin which a petition forjudicial review maybe filed, and shall not postpone the effectiveness ofsuch 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 CFRPart52

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, DeputyRegionalAdministrator, Region 8.

40 CFR part 52 is amended as follows:

PART52-[AMENDED]

m 1. The authority citationfor Part52 continues to read as follows:

Authority:42 U.S.C. 7401 etseq. Subpart G-Colorado

* 2.Section 52.320 is amended by adding paragraph (c)(115) to read as follows:
§52.320 Identificationofplan.

(c) * * * 

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

(115) OnJuly 31, 2003, the State of Colorado submitted revisions to Colorado's 5CCR 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 ofPershing 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 openburning is modified to include the burning ofdiseased animal

carcasses toprevent a public health emergency. Section III.A.i.d is modified for incorporation ofnew 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 ofemissions over a 24 hour period. (i) Incorporation by reference. (A) 5CCR 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) 5CCR 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) 5CCR 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/dscfoffilterable particulates maximum two-hour average, as measured by EPA Methods 1-4 andthe front halfofMethod 5 (40 CFR 60.275, andAppendix A, Part 60), or by other credible method approved by the Division. This particulate emissions standard does not include condensable emissions, or the back halfemissions of Method 5".The language "orby 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 ofPart 60. (D) 5CCR 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 of0.7 lbs. sulfur dioxide, for the sum of all SO2 emissions from a given refinery per barrel ofoil processed,per day.This emission rate isdisapproved. 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.

[FRDoe. 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; PesticideTolerances

AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

SUMMARY: This regulation establishes tolerances for residues ofmefenoxam in

or onmultiple commodities which are identified and discussed later in this document. This regulation additionally

removes the individual tolerance on lingonberry, asit willbe superseded by inclusion inbushberry 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 (seealso Unit I.C. ofthe
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 athttp://www.regulations.gov. Although listed in the index, some information isnot 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 willbe publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at http://www.regulations.gov,or, ifonly 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 4p.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 ofPesticide 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 thisactionapplytome?

You maybe potentially affected by this action ifyou are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited tothose engaged in the following activities:

* Crop production (NAICScode 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 toprovide a guide for readers regarding entities likely tobe affected by this action. Other types of entities not listed in this unitcould 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. Ifyou have any questions regarding the applicability of this action to aparticular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.
B. HowcanIgetelectronicaccessto otherrelatedinformation?

You may access a frequently updated electronic version ofEPA's tolerance regulations at 40 CFR part 180 through the Government Printing Office's e-CFR site at http://www.gpoaccess.gov/ecfr. 4542