Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 21183 

EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision 

Applicable geographic 

or 

non-attainment area 

State 

submittal date EPA Approval date Comments 

*******

Interstate Transport Requirements for the 

2006 24-hour PM2.5 NAAQS.

State-wide ................. 6/28/2010 4/17/2015 ..........................

[Insert Federal Register 

citation].

This action addresses the 

following CAA elements: 

110(a)(2)(D)(i)(I). 

[FR Doc. 2015–08893 Filed 4–16–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2014–0188; FRL–9926–31– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Michigan; SO2 Rules 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a request by 

the Michigan Department of 

Environmental Quality (MDEQ) 

submitted on February 14, 2014, and 

supplemented on October 27, 2014, to 

revise the Michigan state 

implementation plan (SIP) to 

incorporate sulfur dioxide (SO2) limits 

found in Michigan’s Air Pollution 

Control Rules at Chapter 336, Part 4, 

‘‘Emissions Limitations and 

Prohibitions—Sulfur Bearing 

Compounds.’’ EPA will take no action 

on the provisions pertaining to the 

Federal Clean Air Interstate Rule (CAIR) 

SO2 trading program because CAIR is no 

longer in effect. 

DATES: This direct final rule will be 

effective June 16, 2015, unless EPA 

receives adverse comments by May 18, 

2015. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2014–0188, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2014– 

0188. EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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: All documents in the docket 

are listed in the 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 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Charles 

Hatten, Environmental Engineer, (312) 

886–6031 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. What did Michigan submit? 

III. What action is EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Orders Reviews 

I. What is the background for this 

action? 

On February 14, 2014, and October 

27, 2014, MDEQ submitted a request to 

incorporate revisions to the Part 4 rule 

in Michigan’s SO2 SIP. Specifically, the 

revisions to the Part 4 rule includes the 

removal of obsolete rule language, 

added definitions, and the consolidation 

of certain provisions for sources located 

in Wayne County. 

MDEQ published a Notice of Public 

Information in several newspapers and 

provided a 30-day public comment 

period on September 30, 2012, October 


asabaliauskas on DSK5VPTVN1PROD with RULES
21184 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 

1, 2012, and December 2, 2013, 

respectively. No public comments were 

received. 

On May 31, 1972 (37 FR 10873), EPA 

approved the Part 4 sulfur limits into 

the Michigan SIP. The sulfur limits 

apply statewide, and reduce emissions 

of SO2 from the following sources: (1) 

Fuel burning equipment at power 

plants, (2) fuel burning equipment at a 

stationary source other than power 

plants, (3) oil and natural gas producing 

or transportation facilities and natural 

gas processing facilities, and (4) sulfuric 

acid plants. In the same action, EPA 

approved the Wayne County Air Quality 

Management Division (WCAQMD) 

Ordinance—Air Pollution Control (APC) 

regulation for SO2, ‘‘Article VI, Section 

6.3, Emissions Limitations and 

Prohibitions—Sulfur Bearing 

Compounds’’ rule, thereby 

incorporating additional sulfur limits 

for Wayne County sources into the 

Michigan SIP. The WCAQMD APC 

regulation is more stringent than the 

state’s Part 4 rule because it includes 

requirements to control sulfur bearing 

compound emissions from sulfuric acid 

plants, sulfur recovery plants, and 

hydrogen sulfide facilities. This rule 

became effective in Wayne County on 

July 23, 1965. 

On May 6, 1980 (45 FR 29790), EPA 

approved specific portions of the state 

of Michigan’s April 25, 1979, SIP 

submittal, to satisfy the requirements of 

part D of the Clean Air Act (CAA) for 

SO2. In the same action, EPA approved 

minor revisions to the SO2 regulations 

in the WCAQMD Ordinance (1969) to 

adjust sulfur limits for burning fuel oil. 

In September 2001, the Wayne County 

Department of Public Health closed the 

WCAQMD and ended its air pollution 

program. As a result of this action, 

Wayne County’s air pollution control 

ordinance was repealed. Although 

WCAQMD no longer operates as the air 

pollution control agency for Wayne 

County, the SO2 regulations established 

for sources located in Wayne County 

remained part of the Federally-approved 

SIP for Michigan. 

II. What did Michigan submit? 

MDEQ made revisions to the Part 4 

rule with the intent to improve rule 

clarity. MDEQ has requested that we act 

on the following revisions to Part 4: 

R336.1401a (Rule 401a), Definitions 

MDEQ determined that adding 

definitions for three terms would clarify 

the language in Part 4. Rule 401a 

includes definitions for the following 

terms: (a) Power plant, (b) sulfur 

recovery plant, and (c) used oil. 

The term ‘‘power plant’’ means a 

single structure devoted to steam or 

electric generation, or both, and may 

contain multiple boilers. 

A ‘‘sulfur recovery plant’’ is any plant 

that recovers elemental sulfur from any 

gas stream. 

The term ‘‘used oil’’ means any fuel 

that is produced from used oil, as 

defined in R 299.9109(p). To allow 

incorporation by reference of the 

definition contained in R 299.9109(p) 

into the new definition of ‘‘used oil,’’ 

MDEQ requested in an October 27, 

2014, supplement to its submission that 

EPA approve R 299.9109(p) into the 

Michigan SIP. Rule R 299.9109(p), in 

the Hazardous Waste Management 

regulations of Michigan’s 

Administrative Code, states, ‘‘used oil 

means any oil which has been refined 

from crude oil, or any synthetic oil, 

which has been used and which as a 

result of the use, is contaminated by 

physical or chemical impurities.’’ EPA 

finds that inclusion of the definition of 

used oil at R 299.9109(p) is consistent 

with the Federal used oil regulation in 

40 CFR part 279 (subpart A, 

Definitions). Rule 299.9109(p) became 

effective in Michigan on September 11, 

2000. 

EPA finds these revisions acceptable 

for approval into the Michigan SIP. 

R336.1401 (Rule 401); ‘‘Emission Sulfur 

Dioxide From Power Plants’’ 

The existing rule 401 addressed SO2

emissions from power plants. Table 41 

and Table 42, respectively, contain 

percent sulfur-in-fuel and equivalent 

SO2 concentration limits. To streamline 

the structure of rule 401, MDEQ 

combined the equivalent SO2

concentration limits in Table 42 with 

the percent sulfur-in-fuel limits in Table 

41, and thus, developed a ‘‘new’’ Table 

41—‘‘Fuel and SO2 Emission 

Limitations for Power Plants.’’ This 

change did not revise the existing 

emission limits for SO2. 

Subsections (1a) and (2) through (7) of 

the existing rule 401 included interim 

requirements which allowed existing 

sources an extension of time, until 

January 1, 1980, for compliance. The 

state has requested removal of the 

obsolete rule language. 

To improve clarity, MDEQ added a 

‘‘new’’ Table 42 into rule 401 applicable 

to power plants located in Wayne 

County. MDEQ did not revise any of the 

sulfur limits applicable to sources in 

Wayne County in this SIP revision. 

Lastly, the revisions to rule 401 add 

requirements for power plants in Wayne 

County that burn used oil. The 

requirements for burning used oil at 

power plants provide a percent sulfurin-fuel and equivalent SO2

concentration limits. Rule 401 limits the 

maximum sulfur content for burning 

used oil to one percent, and the 

equivalent SO2 concentration limit is 

300 parts per million by volume (ppmv). 

The SO2 concentration limit of 300 

ppmv, by comparison, is more stringent 

than the existing SIP limit of 400 ppmv 

for power plants in Wayne County 

burning crude and heavy fuel oils. 

EPA finds the revisions acceptable for 

approval into Michigan’s SIP. 

R336.1402 (Rule 402), Emissions 

Limitation of SO2 From Fuel-burning 

Equipment at Stationary Sources Other 

Than Power Plants 

The existing SIP contains emission 

limitations and prohibitions on emitting 

SO2 from fuel-burning equipment at 

stationary sources other than power 

plants. MDEQ’s submission will move 

the fuel and SO2 concentration 

limitations applicable only to fuelburning equipment at stationary sources 

located in Wayne County, other than 

power plants, into rule 402. MDEQ also 

amended rule 402, adding sub-rules 

402(3)—402(5). These sub-rules address 

the applicability determination, sulfur– 

in-fuel content and equivalent SO2

concentration limitations, and 

recordkeeping and reporting 

requirements for fuel-burning 

equipment at Wayne County stationary 

sources other than power plants. 

MDEQ did not revise any of the 

requirements that apply to fuel-burning 

equipment at stationary sources located 

in Wayne County, other than power 

plants, in this SIP revision. EPA finds 

these revisions acceptable for approval 

into Michigan’s SIP. 

R336.1404 (rule 404), Emission 

Limitation of SO2 and Sulfuric Acid 

Mist From Sulfuric Acid Plants 

The existing SIP addresses emission 

of sulfur bearing compounds from 

sulfuric acid plants. 

Similar to rules 401 and 402, MDEQ 

amended rule 404 by incorporating the 

sulfur limit applicable to sulfuric acid 

plants located in Wayne County into 

rule 404. Thus, any sulfuric acid plants 

located in Wayne County must continue 

to comply with the SO2 concentration 

emission limitation of 6.5 pounds of 

acid produced. 

MDEQ did not revise any of the 

requirements that apply to sulfuric acid 

plants located in Wayne County in this 

SIP revision. EPA finds these revisions 

acceptable for approval into Michigan’s 

SIP. 


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Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 21185 

R336.1405 (Rule 405), R336.1406 (Rule 

406), and R336.1407 (Rule 407) 

MDEQ amended Part 4 by adding 

rules 405, 406, and 407 to address 

emission of sulfur compounds from 

certain types of facilities or operations 

at a stationary source located within 

Wayne County. Rule 405 specifies 

various sulfur compound emission 

limits applicable sulfur recovery plants. 

Rule 406 contains prohibitions on 

hydrogen sulfide emissions from 

sources located in Wayne County. Rule 

407 contains sulfur compound limits 

that apply to any process and fuel 

burning equipment at Wayne County 

stationary sources not otherwise 

addressed in Part 4. 

MDEQ did not revise any of the sulfur 

limits that apply to plants located in 

Wayne County. The revisions to Part 4 

centrally locates all the sulfur limits 

approved in the Michigan SIP in one 

place. The revisions also expand the 

applicability of the rule to restrict the 

emission of SO2 from fuel-burning 

equipment. 

EPA is approving Michigan’s Part 4 

SIP revision as it relates to Rule 401a, 

Rule 401, Rule 402, Rule 404, Rule 405, 

Rule 406, and Rule 407. However, EPA 

is taking no action, at this time, on 

MDEQ’s revision to R 336.1420 (Rule 

420), pertaining to the Federal CAIR SO2

trading program which is no longer in 

effect. The portion of the SIP revision 

submission that relates to CAIR is 

severable, and does not affect the 

stringency of the remainder of the SIP 

submission which EPA is approving 

into the Michigan SIP. 

III. What action is EPA taking? 

EPA is approving Michigan’s 

February 14, 2014, and October 27, 

2014, requests to revise Michigan’s SIP 

revision to incorporate SO2 limits found 

in Michigan’s Air Pollution Control 

Rules at Chapter 336, Part 4, ‘‘Emissions 

Limitations and Prohibitions—Sulfur 

Bearing Compounds.’’ EPA is approving 

this rule for administrative and SIP 

strengthening purposes. EPA will take 

no action on the provisions pertaining 

to the Federal Clean Air Interstate Rule 

(CAIR) SO2 trading program because 

CAIR is no longer in effect. EPA is also 

approving Michigan rule 299.9109, 

which defines the term ‘‘used oil’’ into 

Michigan’s SIP. 

The revision provides clarity to the 

Part 4 rule by adding definitions, 

removing obsolete language, and 

streamlining the structure of the rule by 

consolidating into Part 4 provisions 

relating to sources located in Wayne 

County. EPA also is approving MDEQ’s 

SIP revision that removes obsolete 

language referring to the WCAQMD 

Ordinance (1969) from the Michigan 

SIP. 

It should be noted that EPA is not 

taking action in this document to 

address compliance with the 2010 

national ambient air quality standard for 

SO2. SIPs addressing current 

nonattainment areas in the state for the 

2010 SO2 standard are due April 4, 

2015, and will be addressed in a 

separate rulemaking. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan in part if relevant adverse 

written comments are filed. This rule 

will be effective June 16, 2015 without 

further notice unless we receive relevant 

adverse written comments by May 18, 

2015. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. We then will 

address all public comments in a 

subsequent final rule based on the 

proposed action. The EPA will not 

institute a second comment period. Any 

parties interested in commenting on this 

action should do so at this time. Please 

note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision can 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. If we do not receive any 

comments, this action will be effective 

June 16, 2015. 

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Michigan regulations 

described in the amendments to 40 CFR 

part 52 set forth below. The EPA has 

made, and will continue to make, these 

documents generally available 

electronically through 

www.regulations.gov and/or in hard 

copy at the appropriate EPA office (see 

the ADDRESSES section of this preamble 

for more information). 

V. Statutory and Executive Order 

Reviews 

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 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). 

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 


asabaliauskas on DSK5VPTVN1PROD with RULES
21186 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 

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 June 16, 2015. 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 this 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, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: April 2, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

Therefore, 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. In § 52.1170, in the table in 

paragraph (c): 

■ a. Add at the beginning of the table 

the heading ‘‘Hazardous Waste 

Management’’, and under the new 

heading add an entry for ‘‘R 

299.9109(p)’’. 

■ b. Revise the entries under the 

heading ‘‘Part 4. Emission Limitations 

and Prohibitions—Sulfur-Bearing 

Compounds’’. 

■ c. Revise the entry for ‘‘Wayne County 

Air Pollution Control Regulations’’. 

■ d. Remove the entry for ‘‘Wayne 

County variance’’. 

The revisions and additions read as 

follows: 

§ 52.1170 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MICHIGAN REGULATIONS

Michigan citation Title 

State 

effective 

date 

EPA Approval date Comments 

Hazardous Waste Management 

R 299.9109(p) ........ Used oil ........................................ 9/11/00 4/17/15, [insert Federal Register 

citation].

*******

Part 4. Emission Limitations and Prohibitions—Sulfur-Bearing Compounds 

R 336.1401 ............. Emissions of sulfur dioxide from 

power plants.

3/11/13 4/17/15, [insert Federal Register 

citation].

R 336.1401a ........... Definitions ..................................... 3/11/13 4/17/15, [insert Federal Register 

citation].

R 336.1402 ............. Emission of SO2 from fuel-burning 

sources other than power 

plants.

3/11/13 4/17/15, [insert Federal Register 

citation].

R 336.1403 ............. Oil- and natural gas-producing or 

transporting facilities and natural gas-processing facilities; 

emissions; operation.

3/19/02 4/17/15, [insert Federal Register 

citation].

R 336.1404 ............. Emissions of SO2 and sulfuric 

acid mist from sulfuric acid 

plants.

3/11/13 4/17/15, [insert Federal Register 

citation].

R 336.1405 ............. Emissions from sulfur recovery 

plants located within Wayne 

county.

3/11/13 4/17/15, [insert Federal Register 

citation].

R 336.1406 ............. Hydrogen sulfide emissions from 

facilities located within Wayne 

county.

3/11/13 4/17/15, [insert Federal Register 

citation].

R 336.1407 ............. Sulfur compound emissions from 

sources located within Wayne 

county and not previously specified.

3/11/13 4/17/15, [insert Federal Register 

citation].


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Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Rules and Regulations 21187 

EPA-APPROVED MICHIGAN REGULATIONS—Continued 

Michigan citation Title 

State 

effective 

date 

EPA Approval date Comments 

*******

Local Regulations 

*******

Wayne County Air 

Pollution Control 

Regulations.

Wayne County Air Pollution Control Regulations.3/20/69 4/17/15, [insert Federal Register 

citation].

All except for Section 6.3 (A–H) 

*******

* * * * * 

[FR Doc. 2015–08888 Filed 4–16–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2005–0162; FRL–9925–70] 

Carbofuran; Reinstatement of Specific 

Tolerances and Removal of Expired 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; Order reestablishing 

and amending tolerances. 

SUMMARY: EPA is amending its 

regulations to reinstate four import 

tolerances for carbofuran, in order to 

comply with a DC Circuit decision and 

order vacating the Agency’s revocation 

of those tolerances. EPA is also 

removing several carbofuran timelimited tolerances that have already 

expired. Because this action is being 

taken to conform the regulations to the 

court’s order and to accurately reflect 

the current legal status of these 

tolerances, EPA is issuing this as a final 

order that is effective upon publication. 

DATES: Effective April 17, 2015. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2005–0162, 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: 

Joseph Nevola, Pesticide Re-Evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–8037; email address: 

nevola.joseph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. 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). 

II. What is the Agency’s authority for 

taking this action? 

EPA is taking this action pursuant to 

the authority in section 408(g)(2)(C) of 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA), 21 U.S.C. 346a(g)(2)(C). 

III. What action is the Agency taking? 

EPA is revising the tolerance 

regulations in title 40 of the Code of 

Federal Regulations (CFR) part 180 to 

reflect the reinstatement of four import 

tolerances for carbofuran, in compliance 

with a decision and order from the D.C. 

Circuit in National Corn Growers 

Association v. EPA, 613 F.3d 266 (D.C. 

Cir. 2010). EPA is also amending 40 CFR 

part 180 to delete the listings of other 

carbofuran tolerances that have expired, 

and thus are no longer valid. 

IV. Why is EPA taking this action? 

In the Federal Register of July 31, 

2008 (73 FR 44864) (FRL–8373–8), EPA 

proposed to revoke all carbofuran 

tolerances and provided a 60-day public 

comment period. The revocations were 

based on an Agency determination that 

the risk from aggregate exposure from 

the use of carbofuran did not meet the 

safety standard of FFDCA section 

408(b)(2). In the Federal Register of May 

15, 2009 (74 FR 23046) (FRL–8413–3), 

EPA finalized the revocation of all of the 

carbofuran tolerances, effective 

December 31, 2009. During the objection 

period, the carbofuran registrant, FMC 

Corporation, and three grower 

associations (National Corn Growers 

Association, National Sunflower 

Association, and National Potato 

Council) submitted objections to EPA’s 

tolerance revocations and requested an 

administrative hearing. EPA concluded 

that the regulatory standard for holding 

an evidentiary hearing had not been met 

and issued an order in the Federal 

Register of November 18, 2009 (74 FR 

59608) (FRL–8797–6), which denied the 

objections and requests for hearing and 

included the Agency’s reasons. 

FMC Corporation, in conjunction with 

the three grower associations, 

challenged EPA’s decision in the Court 

of Appeals for the D.C. Circuit. The 

court upheld EPA’s revocation of all 

carbofuran domestic tolerances and 

denial of the hearing requests, but 

vacated EPA’s revocation of the four 

import tolerances (bananas, coffee, rice, 

and sugarcane). The Court of Appeals 

for the D.C. Circuit also denied the 

subsequent petition filed by FMC and 


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