Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 23133 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0180; FRL–9652–2] 

Revisions to the California State 

Implementation Plan, Yolo-Solano Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the YoloSolano Air Quality Management District 

(Yolo-Solano AQMD) portion of the 

California State Implementation Plan 

(SIP). These revisions concern 

particulate matter (PM) emissions from 

any source that emits visible air 

contaminants. We are approving and 

rescinding local rules that regulate these 

emission sources under the Clean Air 

Act as amended in 1990 (CAA or the 

Act). 

DATES: This rule is effective on June 18, 

2012 without further notice, unless EPA 

receives adverse comments by May 18, 

2012. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2012–0180, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Christine Vineyard, EPA Region IX, 

(415) 947–4125, 

vineyard.christine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rules 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

adopted by the local air agency and 

submitted by the California Air 

Resources Board. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

Yolo-Solano AQMD ........................................ 2 .3 Ringelmann Chart ......................................... 01/13/10 07/20/10 

Yolo-Solano AQMD ........................................ 2 .4 Exceptions (rescinded) .................................. 01/13/10 07/20/10 

Yolo-Solano AQMD ........................................ 2 .7 Wet Plumes (rescinded) ................................ 01/13/10 07/20/10 

Yolo-Solano AQMD ........................................ 2 .11 Particulate Matter Concentration .................. 01/13/10 07/20/10 

Yolo-Solano AQMD ........................................ 2 .12 Specific Contaminants .................................. 01/13/10 07/20/10 

On August 25, 2010, EPA determined 

that the submittal for Yolo-Solano Rules 

2.3, 2.11 and 2.12 met the completeness 

criteria in 40 CFR part 51 appendix V, 

which must be met before formal EPA 

review. 

B. Are there other versions of these 

rules? 

Table 2 lists the previous version of 

the rules approved into the SIP. 

TABLE 2—CURRENT SIP APPROVED VERSION OF RULES

Rule No. Rule title Submittal date Approval date Approved FR 

citation 

2.3 ............... Ringelmann Chart ........................................................................................... 01/21/72 02/21/72 37 FR 10856. 

2.4 ............... Exceptions ....................................................................................................... 07/25/73 06/14/78 43 FR 25677. 

2.7 ............... Wet Plumes ..................................................................................................... 02/21/72 05/31/72 37 FR 10856. 

2.11 ............. Particulate Matter Concentration .................................................................... 06/19/74 07/19/74 43 FR 25677. 

2.12 ............. Specific Contaminants .................................................................................... 01/21/72 02/21/72 37 FR 10856. 

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23134 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 

C. What is the purpose of the submitted 

rule revisions? 

PM contributes to effects that are 

harmful to human health and the 

environment, including premature 

mortality, aggravation of respiratory and 

cardiovascular disease, decreased lung 

function, visibility impairment, and 

damage to vegetation and ecosystems. 

Section 110(a) of the CAA requires 

States to submit regulations that control 

PM emissions. Rule 2.3 was revised to 

limit the emissions of visible air 

contaminants to the atmosphere by 

establishing a 20% opacity (Ringelmann 

1) standard. In addition, Rule 2.3 now 

contains the requirements from repealed 

District Rules 2.4, Exemptions and Rule 

2.7, Wet Plumes. Rules 2.11 and 2.12 

were revised to lower the allowable 

particulate matter emission limit. EPA’s 

technical support documents (TSDs) 

have more information about these 

rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act) and must not relax existing 

requirements (see sections 110(l) and 

193). In addition, SIP rules must 

implement Reasonably Available 

Control Measures (RACM), including 

Reasonably Available Control 

Technology (RACT), in moderate PM 

nonattainment areas (see CAA sections 

189(a)(1) and 189(b)(1)). The YoloSolano AQMD regulates a PM–2.5 

nonattainment area classified as 

moderate (see 40 CFR part 81), so Rules 

2.3, 2.11 and 2.12 must implement 

RACM/RACT. 

Guidance and policy documents that 

we use to evaluate enforceability and 

RACM/RACT requirements consistently 

include the following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations; 

Clarification to Appendix D of 

November 24, 1987 Federal Register 

Notice,’’ (Blue Book), notice of 

availability published in the May 25, 

1988 Federal Register. 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

3. ‘‘State Implementation Plans; 

General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990,’’ 57 FR 

13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 

4. ‘‘State Implementation Plans for 

Serious PM–10 Nonattainment Areas, 

and Attainment Date Waivers for PM–10 

Nonattainment Areas Generally; 

Addendum to the General Preamble for 

the Implementation of Title I of the 

Clean Air Act Amendments of 1990,’’ 59 

FR 41998 (August 16, 1994). 

5. ‘‘PM–10 Guideline Document,’’ 

EPA 452/R–93–008, April 1993. 

6. ‘‘Fugitive Dust Background 

Document and Technical Information 

Document for Best Available Control 

Measures,’’ EPA 450/2–92–004, 

September 1992. 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACT/RACM, 

and SIP relaxations. The TSD has more 

information on our evaluation. 

C. EPA Recommendations to Further 

Improve the Rules 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rules. 

D. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by May 18, 2012, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on June 18, 2012. 

This will incorporate these rules into 

the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. 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 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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 

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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 23135 

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 June 18, 2012. 

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, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: March 8, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220, is amended by 

adding paragraphs (b)(11)(ii), 

(c)(21)(xiv)(D) and (c)(381)(i)(I) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(b) * * * 

(11) * * * 

(ii) Previously approved on May 31, 

1972 in paragraph (b) of this section and 

now deleted without replacement, Rule 

2.7. 

* * * * * 

(c) * * * 

(21) * * * 

(xiv) * * * 

(D) Previously approved on June 14, 

1978 in paragraph (c)(21)(xiv)(A) of this 

section and now deleted without 

replacement, Rule 2.4. 

* * * * * 

(381) * * * 

(i) * * * 

(I) Yolo-Solano Air Quality 

Management District. 

(1) Rule 2.3, ‘‘Ringelmann Chart,’’ 

revised on January 13, 2010. 

(2) Rule 2.11, ‘‘Particulate Matter 

Concentration,’’ revised on January 13, 

2010. 

(3) Rule 2.12, ‘‘Specific 

Contaminants,’’ revised on January 13, 

2010. 

* * * * * 

[FR Doc. 2012–8947 Filed 4–17–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0877; FRL–9344–1] 

2,4-D; Order Denying NRDC’s Petition 

To Revoke Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Order. 

SUMMARY: In this Order, EPA denies a 

petition requesting that EPA revoke all 

pesticide tolerances for 2,4- 

dichlorophenoxyacetic acid (2,4-D) 

under section 408(d) of the Federal 

Food, Drug, and Cosmetic Act (FFDCA). 

The petition was filed on November 6, 

2008, by the Natural Resources Defense 

Council. 

DATES: This Order is effective April 18, 

2012. Objections and requests for 

hearings must be received on or before 

June 18, 2012, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Units I.B and I.C. of the SUPPLEMENTARY

INFORMATION.) 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0877. 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 either in the electronic docket 

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

available in hard copy, by appointment 

at One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA, 

between 9 a.m. to 3 p.m., Monday 

through Friday, excluding legal 

holidays. To schedule an appointment, 

call (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Cathryn Britton, Pesticide Re-evaluation 

Division, Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–0136; fax number: (703) 308– 

8005; email address: 

britton.cathryn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

In this document EPA denies a 

petition by the Natural Resources 

Defense Council (NRDC) to revoke 

pesticide tolerances. This action may 

also be of interest to agricultural 

producers, food manufacturers, or 

pesticide manufacturers. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (North American 

Industrial Classification System 

(NAICS) code 111), e.g., agricultural 

workers; greenhouse, nursery, and 

floriculture workers; farmers. 

• Animal production (NAICS code 

112), e.g., cattle ranchers and farmers, 

dairy cattle farmers, livestock farmers. 

• Food manufacturing (NAICS code 

311), e.g. agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators. 

• Pesticide manufacturing (NAICS 

code 32532), e.g. agricultural workers; 

commercial applicators; farmers, 

greenhouse, nursery, and floriculture 

workers; residential users. 

This listing is not intended to be 

exhaustive, but rather provides 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. 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 

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