Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations 50205 

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 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 19, 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. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 22, 2015. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations 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 OO—Rhode Island 

■ 2. In § 52.2070, the table in paragraph 

(c) ‘‘EPA-Approved Rhode Island 

Regulations’’, is amended by revising 

the entry for the state citation ‘‘Air 

Pollution Control Regulation 37’’ to read 

as follows: 

§ 52.2070 Identification of plan. 

* * * * * 

(c) * * * 

EPA—Approved Rhode Island 

Regulations 

State citation Title/subject State 

effective date EPA approval date Explanations 

*******

Air Pollution Control Regulation 37.Rhode Island’s Low Emission 

Vehicle Program.

12/22/2005 8/19/2015 [Insert Federal 

Register citation].

Adopts California LEV II 

standards. 

* * * * * * * 

* * * * * 

[FR Doc. 2015–20373 Filed 8–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0972, FRL–9932–52– 

Region 8] 

Promulgation of State Implementation 

Plan Revisions; Infrastructure 

Requirements for the 2008 Ozone, 2008 

Lead, and 2010 NO2 National Ambient 

Air Quality Standards; Colorado 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

State Implementation Plan (SIP) 

revisions from the State of Colorado to 

demonstrate the State meets 

infrastructure requirements of the Clean 

Air Act (Act, CAA) for the National 

Ambient Air Quality Standards 

(NAAQS) promulgated for ozone on 

March 12, 2008; lead (Pb) on October 

15, 2008; and nitrogen dioxide (NO2) on 

January 22, 2010. Section 110(a) of the 

CAA requires that each state submit a 

SIP for the implementation, 

maintenance, and enforcement of each 

NAAQS promulgated by EPA. 

DATES: This rule is effective September 

18, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification Number EPA–R08–OAR– 

2012–0972. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information the disclosure of 

which is restricted by statute. Certain 

other material, such as copyrighted 

material, is not placed on the Internet 

and will be publicly available only in 

the hard copy form. Publicly available 

docket materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

EPA Region 8, Office of Partnership and 

Regulatory Assistance, Air Program, 

1595 Wynkoop Street, Denver, 

Colorado, 80202–1129. The EPA 

requests that you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 a.m.–4:00 p.m., 

excluding federal holidays. An 

electronic copy of the State’s SIP 

compilation is also available at http://

www.epa.gov/region8/air/sip.html. 

FOR FURTHER INFORMATION CONTACT: 

Abby Fulton, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, 303–312–6563, 

fulton.abby@epa.gov. 


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50206 Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations 

1This action also corrects an error to a Federal 

Register citation in our NPR (80 FR 30974, June 1, 

2015) on page 30978. The NPR incorrectly cites 

approval of the State’s SIP-approved minor NSR 

program at 68 FR 37744 rather than the correct 

citation of 44 FR 57401 (Oct. 5, 1979). 

SUPPLEMENTARY INFORMATION: 

I. Background 

Infrastructure requirements for SIPs 

are provided in section 110(a)(1) and (2) 

of the CAA. Section 110(a)(2) lists the 

specific infrastructure elements that a 

SIP must contain or satisfy. The 

elements that are the subject of this 

action are described in detail in our 

notice of proposed rulemaking (NPR) 

published on June 1, 2015 (80 FR 

30974). 

The NPR proposed approval of 

Colorado’s submissions with respect to 

the following infrastructure elements for 

the 2008 ozone, 2008 Pb, and 2010 NO2

NAAQS: (A), (C) with respect to minor 

NSR and PSD requirements, (D)(i)(II) 

elements 3 and 4, (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M); (B) for the 2008 

Pb and 2008 ozone NAAQS and 

conditional approval of (B) for the 2010 

NO2 NAAQS; and D(i)(I) elements 1 and 

2 for the 2008 Pb and 2010 NO2

NAAQS. EPA will act separately on 

infrastructure element (D)(i)(I), 

interstate transport elements 1 and 2 for 

the 2008 ozone NAAQS. The reasons for 

our approvals are provided in detail in 

the NPR. 

II. Response to Comments 

No comments were received on our 

June 1, 2015 NPR. 

III. Final Action 

EPA is approving the following 

infrastructure elements for the 2008 

ozone, 2008 Pb, and 2010 NO2 NAAQS: 

CAA 110(a)(2) (A), (C) with respect to 

minor NSR and PSD requirements, 

(D)(i)(II) elements 3 and 4, (D)(ii), (E), 

(F), (G), (H), (J), (K), (L), and (M). EPA 

is approving element (B) for the 2008 Pb 

and 2008 ozone NAAQS and 

conditionally approving (B) for the 2010 

NO2 NAAQS. Finally, EPA is approving 

D(i)(I) elements 1 and 2 for the 2008 Pb 

and 2010 NO2 NAAQS. EPA will act 

separately on infrastructure element 

(D)(i)(I), interstate transport elements 1 

and 2 for the 2008 ozone NAAQS.1

IV. Statutory and Executive Orders 

Review 

Under the CAA, 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 CAA. Accordingly, this action 

merely approves some state law as 

meeting federal requirements and 

disapproves other state law because it 

does not meet federal requirements; this 

action 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, 

Oct. 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, Aug. 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, Feb. 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 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 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 19, 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. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: July 30, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended to read 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 G—Colorado 

■ 2. Section 52.353 is amended by 

adding paragraph (c) to read as follows: 

§ 52.353 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(c) The Colorado Department of 

Public Health and Environment 

provided submissions to meet 

infrastructure requirements for the State 


rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations 50207 

of Colorado for the 2008 ozone, 2008 

lead, and 2010 NO2 NAAQS were 

received on December 31, 2012, July 26, 

2012, and March 7, 2013, respectively. 

The State’s Infrastructure SIP is 

approved with respect to the 2008 

ozone, 2008 lead, and 2010 NO2

NAAQS with respect to section 

(110)(a)(1) and the following elements of 

section (110)(a)(2): (A), (C) with respect 

to minor NSR and PSD requirements, 

(D)(i)(II) elements 3 and 4, (D)(ii), (E), 

(F), (G), (H), (J), (K), (L), and (M); (B) for 

the 2008 Pb and 2008 ozone NAAQS 

and conditional approval of (B) for the 

2010 NO2 NAAQS; and D(i)(I) elements 

1 and 2 for the 2008 Pb and 2010 NO2

NAAQS. 

[FR Doc. 2015–20377 Filed 8–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0633; FRL–9931–07] 

Methane Sulfonic Acid; Exemption 

from the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of methane 

sulfonic acid (CAS Reg. No.75–75–2) 

when used as an inert ingredient 

(acidifying agent) in pesticide 

formulations applied to animals at a 

maximum concentration not to exceed 

3% by weight and when used as an inert 

ingredient in antimicrobial pesticide 

formulations applied to food-contact 

surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils at a 

concentration not to exceed 5,000 parts 

per million (ppm). Lewis & Harrison, on 

behalf of BASF Corporation, submitted 

a petition to EPA under the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

requesting establishment of an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of 

methane sulfonic acid. 

DATES: This regulation is effective 

August 19, 2015. Objections and 

requests for hearings must be received 

on or before October 19, 2015], 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–2014–0633, 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: 

Susan Lewis, 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 FFDCA section 408(g), 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–2014–0633 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 October 19, 2015. 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– 

2014–0633, 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. Petition for Exemption 

In the Federal Register of March 4, 

2015 (80 FR 11613) (FRL–9922–68), 

EPA issued a document pursuant to 

FFDCA section 408, 21 U.S.C. 346a, 

announcing the filing of a pesticide 

petition inert ingredient (PP IN–10720) 

by Lewis & Harrison, 122 C Street NW., 

Suite 505, Washington, DC 20001 on 

behalf of BASF Corporation, 100 Park 

Avenue, Florham Park, NJ 07932. The 

petition requested that 40 CFR 180.930 

and 40 CFR 180.940(a) be amended by 

establishing an exemption from the 

requirement of a tolerance for residues 

of methane sulfonic acid (CAS Reg. 

No.75–75–2) when used as an inert 

ingredient (acidifying agent) in pesticide 

formulations applied to animals at a 


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