33456 Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Rules and Regulations 

1 If there are any existing SSI units located in 

Indian Nation Land these existing SSI units will be 

subject to the Federal plan. 

2On February 28, 2014, New York provided 

clarifying information concerning its State plan. To 

view this information see EPA’s electronic docket 

at www.regulations.gov. 

demonstration by Alcoa that such 

alternative provides results equivalent 

to that of the reference method. 

(h) Recordkeeping. Except as 

provided in paragraph (h)(6) of this 

section, starting November 10, 2014, 

Alcoa must keep the following records: 

(1) Alcoa must retain a copy of all 

calendar month Potline 5 SO2 emissions 

calculations. 

(2) Alcoa must maintain records of the 

baked anode consumption and 

aluminum production data used to 

develop the carbon ratio. 

(3) Alcoa must retain a copy of all 

calendar month carbon ratio and potline 

SO2 emission calculations. 

(4) Alcoa must record the calendar 

day and calendar month production of 

aluminum. 

(5) Alcoa must record the calendar 

month average sulfur content of the 

baked anodes. 

(6) Starting January 7, 2015, Alcoa 

must retain a copy of all calendar month 

potline NOX emission calculations. 

(7) Alcoa must record the sulfur 

content of each shipment of coke and 

the quantity of each shipment of coke. 

(8) Alcoa must keep fuel purchase 

records showing the type(s) of fuel 

combusted in the anode bake furnaces. 

(9) Alcoa must keep fuel purchase 

records showing the type(s) of fuel 

combusted in the ingot furnaces. 

(10) Records must be retained at the 

facility for at least five years and be 

made available to the EPA Region 10 

upon request. 

(i) Reporting. (1) Alcoa must report 

SO2 emissions by calendar month to the 

EPA Region 10 on an annual basis at the 

same time as the annual compliance 

certification required by the Part 70 

operating permit for the Wenatchee 

Works is submitted to the Title V 

permitting authority. 

(2) Alcoa must report NOX emissions 

by calendar month to the EPA Region 10 

on an annual basis at the same time as 

the annual compliance certification 

required by the Part 70 operating permit 

for the Wenatchee Works is submitted to 

the Title V permitting authority. 

(3) Alcoa must report the monthly 

weighted average sulfur content of coke 

received at the facility for each calendar 

month during the compliance period to 

the EPA Region 10 at the same time as 

the annual compliance certification 

required by the Part 70 operating permit 

for the Wenatchee Works is submitted to 

the Title V permitting authority. 

(4) Alcoa must report the fuel 

purchase records for the anode bake 

furnaces and the ingot furnaces during 

the compliance period to the EPA 

Region 10 at the same time as the 

annual compliance certification 

required by the Part 70 operating permit 

for the Wenatchee Works is submitted to 

the Title V permitting authority. 

(5) All documents and reports must be 

sent to the EPA Region 10 

electronically, in a format approved by 

the EPA Region 10, to the following 

email address: R10-AirPermitReports@

epa.gov. 

[FR Doc. 2014–13491 Filed 6–10–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2014–0127; FRL–9912–05– 

Region 2] 

Approval and Promulgation of State 

Plans for Designated Facilities; New 

York; Control of Emissions From 

Existing Sewage Sludge Incineration 

Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the section 

111(d)/129 plan submitted by New York 

State for the purpose of implementing 

and enforcing the emission guidelines 

for existing sewage sludge incineration 

(SSI) units. The intended effect of this 

action is to approve a plan required by 

the Clean Air Act (CAA) which 

establishes emission limits and other 

requirements for existing sewage sludge 

incineration units and provides for the 

implementation and enforcement of 

those limits and other requirements. 

New York submitted its plan to fulfill 

the requirements of sections 111 and 

129 of the CAA. 

DATES: This rule is effective on July 11, 

2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2014–0127. 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, 

e.g., 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 electronically through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region II Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. This Docket 

Facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The Docket telephone 

number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: 

Anthony (Ted) Gardella 

(Gardella.Anthony@EPA.Gov), Air 

Programs Branch, Environmental 

Protection Agency, Region 2, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–3892. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking today? 

EPA is approving New York’s plan, 

and the elements therein, as submitted 

on July 1, 2013, for the control of air 

emissions from existing sewage sludge 

incineration (SSI) units throughout the 

State, except for any existing SSI units 

located in Indian Nation Land.1 When 

EPA developed the New Source 

Performance Standards (NSPS) (subpart 

LLLL) for SSI units on March 21, 2011, 

it concurrently promulgated Emission 

Guidelines (subpart MMMM) to control 

air emissions from existing SSI units. 

The New York State Department of 

Environmental Conservation (NYSDEC) 

developed a plan, as required by 

sections 111(d) and 129 of the Clean Air 

Act (CAA), to adopt the Emission 

Guidelines (EG) into its body of 

regulations, and EPA is acting today to 

approve New York’s plan. 

II. What are the details of EPA’s action? 

On March 21, 2011, in accordance 

with sections 111(d) and 129 of the 

CAA, EPA promulgated the SSI EG and 

compliance times for the control of 

emissions from existing SSI units. See 

76 FR 15371. EPA codified these 

guidelines at 40 CFR part 60, subpart 

MMMM. They include a model rule at 

40 CFR 60.5085 through 62.5250 that 

States may use to develop their own 

plans. Under that rule, EPA has defined 

an ‘‘SSI unit,’’ in part, as any device that 

combusts sewage sludge for the purpose 

of reducing the volume of the sewage 

sludge by removing combustible matter. 

40 CFR 60.5250. 

On July 1, 2013,2 New York submitted 

a plan for implementing and enforcing 

EPA’s EG for existing SSI units. Section 

60.5015 of the EG describes all of the 

required elements that must be included 

in a state’s plan for existing SSI units. 

New York’s State plan includes all of 

the required elements described in 

section 60.5015 of the EG. For further 


wreier-aviles on DSK6TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Rules and Regulations 33457 

details, the reader is referred to EPA’s 

proposal located in EPA’s electronic 

docket at www.regulations.gov. 

III. What comments were received on 

the proposed approval and how has 

EPA responded to them? 

There were no comments received on 

EPA’s proposed rulemaking (79 FR 

16271, March 25, 2014) regarding New 

York’s State plan for existing SSI units. 

The 30-day public comment period on 

EPA’s proposed approval ended on 

April 24, 2014. 

IV. What is EPA’s conclusion? 

For the reasons described in this 

rulemaking and in EPA’s proposal, EPA 

is approving New York’s sections 111(d) 

and 129 plan for existing SSI units. 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). This rule also does not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000), nor 

will it have substantial direct effects on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

approves a state rule implementing a 

Federal requirement, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the CAA. This rule also is not subject 

to Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it approves a 

state rule implementing a Federal 

standard. 

In reviewing New York’s submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a New York submission 

for failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a New York 

submission, to use VCS in place of a 

New York submission that otherwise 

satisfies the provisions of the CAA. 

Thus, the requirements of section 12(d) 

of the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, EPA has taken the necessary 

steps to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct. EPA has complied 

with Executive Order 12630 (53 FR 

8859, March 15, 1988) by examining the 

takings implications of the rule in 

accordance with the Attorney General’s 

‘‘Supplemental Guidelines for the 

Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the executive order. 

This rule for the approval of New 

York’s section 111(d)/129 plan for SSI 

units does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 August 11, 2014. 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 

approving New York’s Section 111(d)/

129 plan for existing sewage sludge 

incineration units may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Administrative practice and 

procedure, Aluminum, Fertilizers, 

Fluoride, Intergovernmental relations, 

Paper and paper products industry, 

Phosphate, Reporting and recordkeeping 

requirements, Sulfur oxides, Sulfuric 

acid plants, Waste treatment and 

disposal. 

Dated: May 30, 2014. 

Judith A. Enck, 

Regional Administrator, Region 2. 

40 CFR part 62 is amended as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart HH—New York 

■ 2. Part 62 is amended by adding 

§ 62.8108 and an undesignated heading 

to subpart HH to read as follows: 

Air Emissions From Existing Sewage 

Sludge Incineration Units 

§ 62.8108 Identification of plan. 

(a) On July 1, 2013, the New York 

State Department of Environmental 

Conservation (NYSDEC) submitted to 

the Environmental Protection Agency a 

section 111(d)/129 plan for 

implementation and enforcement of 40 

CFR part 60, subpart MMMM, Emission 

Guidelines and Compliance Times for 

Existing Sewage Sludge Incineration 


wreier-aviles on DSK6TPTVN1PROD with RULES
33458 Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Rules and Regulations 

Units. On February 28, 2014, the 

NYSDEC submitted clarifying 

information concerning the State’s plan. 

(b) Identification of sources. The plan 

applies to existing sewage sludge 

incineration (SSI) units that: 

(1) Commenced construction on or 

before October 14, 2010, or 

(2) Commenced a modification on or 

before September 21, 2011 primarily to 

comply with New York’s plan, and 

(3) Meets the definition of a SSI unit 

defined in New York’s plan. 

(c) The effective date of the plan for 

existing sewage sludge incineration 

units is July 11, 2014. 

[FR Doc. 2014–13594 Filed 6–10–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0411; FRL–9910–52] 

Spirodiclofen; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation amends a 

tolerance for residues of spirodiclofen in 

or on citrus, oil. Bayer CropScience 

requested this tolerance amendment 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective June 

11, 2014. Objections and requests for 

hearings must be received on or before 

August 11, 2014, 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–2013–0411, 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: Lois 

Rossi, 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 EPA’s tolerance 

regulations at 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–2013–0411 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 August 11, 2014. 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– 

2013–0411, 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. Summary of Petitioned-For 

Tolerance 

In the Federal Register of February 4, 

2010 (75 FR 5790) (FRL–8807–5), EPA 

issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 9E7632) by IR–4, 

500 College Road East, Suite 201 W., 

Princeton, NJ 08540. The petition 

requested that 40 CFR 180.608 be 

amended by establishing tolerances for 

residues of the insecticide spirodiclofen, 

(3-(2,4-dichlorophenyl)-2-oxo-1- 

oxaspiro[4,5]dec-3-en-4-yl 2,2- 

dimethylbutanoate), in or on bushberry 

subgroup 13–07B at 4.0 parts per 

million (ppm). The petition additionally 

requested to revise the tolerance 

expression under paragraphs (a)(1) and 

(a)(2) to read as follows: ‘‘(a)(1). 

Tolerances are established for residues 

of the insecticide spirodiclofen, 

including its metabolites and 

degradates. Compliance with the 

tolerance levels specified is to be 

determined by measuring only 

spirodiclofen (3-(2,4-dichlorophenyl)-2- 

oxo-1-oxaspiro[4,5]dec-3-en-4-yl 2,2- 

dimethylbutanoate)’’; and ‘‘(a)(2). 

Tolerances are established for residues 

of the insecticide spirodiclofen, 

including its metabolites and 

degradates. Compliance with the 

tolerance levels specified is to be 

determined by measuring only the sum 

of spirodiclofen (3-(2,4-dichlorophenyl)- 

2-oxo-1-oxaspiro[4,5]dec-3-en-4-yl 2,2- 

dimethylbutanoate) and its metabolite, 

3-(2,4-dichlorophenyl)-4-hydroxy-1- 

oxaspiro[4,5]dec-3-en-2-one, calculated 


wreier-aviles on DSK6TPTVN1PROD with RULES