70968 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations 

* * * * * 

[FR Doc. 2016–24779 Filed 10–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0362; FRL–9954–09- 

Region 4] 

Air Plan Approval; NC Infrastructure 

Requirements for the 2010 1-hour NO2

NAAQS 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve the State Implementation Plan 

(SIP) submission, submitted by the State 

of North Carolina, through the North 

Carolina Department of Environmental 

Quality, Division of Air Quality 

(NCDAQ) on August 23, 2013, to 

demonstrate that the State meets certain 

infrastructure requirements of the Clean 

Air Act (CAA or Act) for the 2010 1- 

hour nitrogen dioxide (NO2) national 

ambient air quality standards (NAAQS). 

The CAA requires that each state adopt 

and submit a SIP for the 

implementation, maintenance and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. NCDAQ certified 

that the North Carolina SIP contains 

provisions that ensure the 2010 1-hour 

NO2 NAAQS is implemented, enforced, 

and maintained in North Carolina. EPA 

has determined that North Carolina’s 

infrastructure SIP submission, provided 

to EPA on August 23, 2013, satisfies 

certain required infrastructure elements 

for the 2010 1-hour NO2 NAAQS. 

DATES: This rule is effective November 

14, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0362. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard Wong, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Pesticides and 

Toxics Management Division, Region 4, 

U.S. Environmental Protection Agency, 

61 Forsyth Street SW., Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–8726. Mr. Richard Wong can 

also be reached via electronic mail at 

wong.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Overview 

On January 22, 2010 (published at 75 

FR 6474, February 9, 2010), EPA 

promulgated a new 1-hour primary 

NAAQS for NO2 at a level of 100 parts 

per billion (ppb), based on a 3-year 

average of the 98th percentile of the 

yearly distribution of 1-hour daily 

maximum concentrations. Pursuant to 

section 110(a)(1) of the CAA, states are 

required to submit SIPs meeting the 

requirements of section 110(a)(2) within 

three years after promulgation of a new 

or revised NAAQS or within such 

shorter period as EPA may prescribe. 

Section 110(a)(2) requires states to 

address basic SIP elements such as 

requirements for monitoring, basic 

program requirements and legal 

authority that are designed to assure 

attainment and maintenance of the 

NAAQS. States were required to submit 

such SIPs for the 2010 NO2 NAAQS to 

EPA no later than January 22, 2013. 

In a proposed rulemaking published 

on July 20, 2016 (81 FR 47115), EPA 

proposed to approve North Carolina’s 

2010 1-hour NO2 NAAQS infrastructure 

SIP submission submitted on August 23, 

2013, with the exception of the elements 

related to state boards of section 

110(a)(2)(E)(ii), the PSD permitting 

requirements for major sources of 

sections 110(a)(2)(C), and (J), and the 

interstate requirements of 

110(a)(2)(D)(i)(I) and (II) (prongs 1 

through 4). On November 13, 2015, EPA 

approved North Carolina’s August 23, 

2013, infrastructure SIP submission 

regarding the state boards requirements 

of sections 110(a)(2)(E)(ii). See 80 FR 

67645. On May 10, 2016 (81 FR 28797), 

EPA proposed to approve in part and 

disapprove in part, North Carolina’s 

December 4, 2015, infrastructure SIP 

submission regarding the PSD 

permitting requirements for major 

sources of sections 110(a)(2)(C), prong 3 

of D(i) and (J) for the 2012 Annual PM2.5

NAAQS. Today EPA is not taking final 

action pertaining to sections 

110(a)(2)(C), prong 3 of D(i) and (J) for 

North Carolina for the 2010 1-hour NO2

NAAQS but instead will consider final 

action of these elements in a separate 

rulemaking. Additionally, on June 3, 

2016, EPA finalized a rule related to the 

prong 4 element of North Carolina’s 

August 23, 2013, SIP submission for the 

2010 1-hour NO2 NAAQS. See 81 FR 

35634. With respect to the interstate 

transport requirements of section 

110(a)(2)(D)(i)(I) (prongs 1 and 2), North 

Carolina provided a separate submission 

and EPA is considering action related to 

these provisions through a separate 

rulemaking. The details of North 

Carolina’s submission and the rationale 

for EPA’s actions for this final 

rulemaking are explained in the July 20, 

2016, proposed rulemaking. Comments 

on the proposed rulemaking were due 

on or before August 19, 2016. EPA 

received no adverse comments on the 

proposed action. 

II. Final Action 

With the exception of the elements 

related to state boards of section 

110(a)(2)(E)(ii), the PSD permitting 

requirements for major sources of 

sections 110(a)(2)(C), and (J), and the 

interstate requirements of 

110(a)(2)(D)(i)(I) and (II) (prongs 1 

through 4), EPA is taking final action to 

approve North Carolina’s infrastructure 

SIP submission for the 2010 1-hour NO2

NAAQS submitted on August 23, 2013. 

EPA is taking final action to approve 

North Carolina’s infrastructure SIP 

submission for the 2010 1-hour NO2

NAAQS because the submission is 

consistent with section 110 of the CAA. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

See 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: 


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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations 70969 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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). 

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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 13, 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 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, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: October 3, 2016. 

Heather McTeer Toney 

Regional Administrator, Region 4. 

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. 

Subpart II—North Carolina 

■ 2. Section 52.1770(e), is amended by 

adding an entry for ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2010 

1-hour NO2 NAAQS’’ at the end of the 

table to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective date EPA approval 

date 

Federal Register 

citation Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 

2010 1-hour NO2 NAAQS.

August 23, 2013 ................................. 10/14/16 [Insert citation of publication].With the exception of sections: 110(a)(2)(E)(ii) 

concerning state boards; 

110(a)(2)(C) and (J) concerning PSD permitting 

requirements; and 

110(a)(2)(D)(i)(I) and (II) 

(prongs 1 through 4) 

concerning interstate 

transport requirements. 

[FR Doc. 2016–24778 Filed 10–13–16; 8:45 am] 

BILLING CODE 6560–50–P 


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70970 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2016–0429; FRL–9952–59] 

Isofetamid; Pesticide Tolerances for 

Emergency Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

time-limited tolerances for residues of 

the fungicide isofetamid, N-[1,1- 

dimethyl-2-[2-methyl-4-(1- 

methylethoxy)phenyl]-2-oxoethyl]-3- 

methyl-2-thiophenecarboxamide, in or 

on caneberry subgroup 13–07A and 

bushberry subgroup 13–07B. This action 

is in response to EPA’s granting of an 

emergency exemption, under the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) authorizing 

use of the pesticide on caneberry 

subgroup 13–07A and bushberry 

subgroup 13–07B. This regulation 

establishes maximum permissible levels 

for residues of isofetamid in or on these 

commodities. The time-limited 

tolerances expire on December 31, 2019. 

DATES: This regulation is effective 

October 14, 2016. Objections and 

requests for hearings must be received 

on or before December 13, 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–2016–0429, 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: 

Michael L. Goodis, 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 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. 

C. How can I file an objection or hearing 

request? 

Under section 408(g) of the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

21 U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2016–0429 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before December 13, 2016. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2016–0429, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

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

dockets. 

II. Background and Statutory Findings 

EPA, on its own initiative, in 

accordance with FFDCA sections 408(e) 

and 408(l)(6) of, 21 U.S.C. 346a(e) and 

346a(1)(6), is establishing time-limited 

tolerances for the fungicide, isofetamid, 

N-[1,1-dimethyl-2-[2-methyl-4-(1- 

methylethoxy)phenyl]-2-oxoethyl]-3- 

methyl-2-thiophenecarboxamide, in or 

on caneberry subgroup 13–07A at 4.0 

parts per million (ppm) and bushberry 

subgroup 13–07B at 5.0 ppm. These 

time-limited tolerances expire on 

December 31, 2019. 

Section 408(l)(6) of FFDCA requires 

EPA to establish a time-limited 

tolerance or exemption from the 

requirement for a tolerance for pesticide 

chemical residues in food that will 

result from the use of a pesticide under 

an emergency exemption granted by 

EPA under FIFRA section 18. Such 

tolerances can be established without 

providing notice or period for public 

comment. EPA does not intend for its 

actions on FIFRA section 18 related 

time-limited tolerances to set binding 

precedents for the application of FFDCA 

section 408 and the safety standard to 

other tolerances and exemptions. 

Section 408(e) of FFDCA allows EPA to 

establish a tolerance or an exemption 

from the requirement of a tolerance on 

its own initiative, i.e., without having 

received any petition from an outside 

party. 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 


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