Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations 58405 

1Section 302(d) of the CAA includes the Virgin 

Islands in the definition of the term ‘‘State.’’ 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 24, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: August 9, 2016. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

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. Section 52.776 is amended by 

adding paragraph (y) to read as follows: 

§ 52.776 Control strategy: Particulate 

matter. 

* * * * * 

(y) Approval-By submittal dated July 

3, 2008, Indiana demonstrated 

satisfaction of the requirements for 

reasonably available control measures 

for its portion of the CincinnatiHamilton OH-KY-IN area. 

[FR Doc. 2016–20312 Filed 8–24–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2016–0088; FRL–9951–24– 

Region 2] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; Virgin Islands; Sewage 

Sludge Incinerators 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve the Clean Air Act 

(CAA) section 111(d)/129 negative 

declaration for the Government of the 

United States Virgin Islands, for existing 

sewage sludge incinerator (SSI) units. 

This negative declaration certifies that 

existing SSI units subject to sections 

111(d) and 129 of the CAA do not exist 

within the jurisdiction of United States 

Virgin Islands. The EPA is accepting the 

negative declaration in accordance with 

the requirements of the CAA. 

DATES: This direct final rule will be 

effective October 24, 2016, without 

further notice, unless the EPA receives 

adverse comment by September 26, 

2016. If EPA receives adverse comment, 

we 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–R02– 

OAR–016–0088), to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the Web, cloud, or 

other file sharing system). 

For additional submission methods, 

the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Edward J. Linky, Environmental 

Protection Agency, Air Programs 

Branch, 290 Broadway, New York, New 

York 10007–1866 at 212–637–3764 or 

by email at Linky.Edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to the EPA. This section 

provides additional information by 

addressing the following: 

I. Background 

II. Analysis of State Submittal 

III. Statutory and Executive Order Reviews 

I. Background 

The Clean Air Act (CAA) requires that 

state 1 regulatory agencies implement 

the emission guidelines and compliance 

times using a state plan developed 

under sections 111(d) and 129 of the 

CAA. 

The general provisions for the 

submittal and approval of state plans are 

codified in 40 CFR part 60, subpart B 

and 40 CFR part 62, subpart A. Section 

111(d) establishes general requirements 

and procedures on state plan submittals 

for the control of designated pollutants. 

Section 129 requires emission 

guidelines to be promulgated for all 

categories of solid waste incineration 

units, including SSI units. Section 129 

mandates that all plan requirements be 

at least as protective and restrictive as 

the promulgated emission guidelines. 

This includes fixed final compliance 

dates, fixed compliance schedules, and 

Title V permitting requirements for all 

affected sources. Section 129 also 

requires that state plans be submitted to 


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58406 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations 

the EPA within one year after the EPA’s 

promulgation of the emission guidelines 

and compliance times. 

States have options other than 

submitting a state plan in order to fulfill 

their obligations under CAA sections 

111(d) and 129. If a State does not have 

any existing Sewage Sludge Incineration 

(SSI) units for the relevant emissions 

guidelines, a letter can be submitted 

certifying that no such units exist 

within the State (i.e., negative 

declaration) in lieu of a state plan. 

The negative declaration exempts the 

State from the requirements of subpart 

B that would otherwise require the 

submittal of a CAA section 111(d)/129 

plan. 

On March 21, 2011 (76 FR 15372), the 

EPA established emission guidelines 

and compliance times for existing SSI 

units. The emission guidelines and 

compliance times are codified at 40 CFR 

60, subpart MMMM. 

In order to fulfill obligations under 

CAA sections 111(d) and 129, the 

Government of the United States Virgin 

Islands (USVI) Department of Planning 

and Natural Resources (DPNR) 

submitted a negative declaration letter 

to the EPA on December 1, 2015. As the 

USVI–DPNR has certified by letter that 

no SSI units exist, the submittal of this 

declaration exempts the Territory from 

the requirement to submit a state plan 

for existing SSI units. 

II. Analysis of State Submittal 

In this Direct Final action, the EPA is 

amending part 62 to reflect receipt of 

the negative declaration letter from the 

USVI–DPNR, certifying that there are no 

existing SSI units subject to 40 CFR part 

60, subpart MMMM, in accordance with 

section 111(d) of the CAA. 

If a designated facility (i.e., existing 

SSI unit) is later found within USVI– 

DPNR’s jurisdiction after publication of 

this Federal Register action, then the 

overlooked facility will become subject 

to the requirements of the Federal plan 

for that designated facility, including 

the compliance schedule. The Federal 

plan will no longer apply, if we 

subsequently receive and approve the 

section 111(d)/129 plan from the 

jurisdiction with the overlooked facility. 

The EPA is publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment. However, in the 

‘‘Proposed Rules’’ section of this 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to approve the negative 

declaration if adverse comments are 

received on this direct final rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. If 

the EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We will address all public 

comments in any subsequent final rule 

based on the proposed rule. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a 111(d)/129 plan 

submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 40 CFR 62.04. 

Thus, in reviewing 111(d)/129 plan 

submissions, the 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 

Order 12866 (58 FR 51735, October 4, 1993); 

• Does not impose an information 

collection burden under the provisions of the 

Paperwork Reduction Act (44 U.S.C. § 3501 

et seq.); 

• Is certified as not having a significant 

economic impact on a substantial number of 

small entities under the Regulatory 

Flexibility Act (5 U.S.C. § 601 et seq.); 

• does not contain any unfunded mandate 

or significantly or uniquely affect small 

governments, as described in the Unfunded 

Mandates Reform Act of 1995 (Pub. L. § 104– 

4); 

• does not have Federalism implications as 

specified in Executive Order 13132 (64 FR 

43255, August 10, 1999); 

• is not an economically significant 

regulatory action based on health or safety 

risks subject to Executive Order 13045 (62 FR 

19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of section 

12(d) of the National Technology Transfer 

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

§ 272 note) because application of those 

requirements would be inconsistent with the 

Clean Air Act; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human health 

or environmental effects, using practicable 

and legally permissible methods, under 

Executive Order 12898 (59 FR 7629, February 

16, 1994). 

This action does not have tribal 

implications as specified by Executive 

Order 13175. The section 111(d)/129 

plan is not approved to apply on any 

Indian reservation land or in any other 

area where the EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. Thus, Executive Order 

13175 does not apply to this section. 

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. The 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 24, 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 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, 

Sewage sludge incinerators. 

Dated: August 8, 2016. 

Judith A. Enck, 

Regional Administrator, Region 2. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 62 

as set forth below: 

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. 


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Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations 58407 

Subpart CCC—Virgin Islands 

■ 2. Add an undesignated center 

heading and § 62.13357 to subpart CCC 

to read as follows: 

Air Emissions From Existing Sewage 

Sludge Incineration Units Constructed 

on or Before October 14, 2010 

§ 62.13357 Identification of plan—negative 

declaration. 

Letter from the Virgin Islands 

Department of Planning and Natural 

Resources, submitted December 1, 2015 

to EPA Regional Administrator Judith A. 

Enck, certifying that there are no 

existing Sewage Sludge Incinerator 

units in the Territory of the United 

States Virgin Islands subject to 40 CFR 

part 60, subpart MMMM. 

[FR Doc. 2016–20307 Filed 8–24–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0811; FRL–9949–03] 

Natamycin; 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 the biochemical 

pesticide natamycin [6,11,28- 

Trioxatricyclo [22.3.1.05′7 ]octacosa8,14,16,18,20-pentaene-25-carboxylic 

acid, 22-[(3-amino-3,6-dideoxy-pDmannopyranosyl)oxy]-1,3,26- 

trihydroxy-12-methyl-10-oxo-, 

(1R,3S,5R,7R,8E,12R,14E,16E,18E,20E, 

22R,24S,25R,26S)-] in or on citrus, 

pome, stone fruit crop groups, avocado, 

kiwi, mango and pomegranates when 

used in accordance with label directions 

and good agricultural practices. DSM 

Food Specialties, B.V., P.O. Box 1, 2600 

MA Delft, The Netherlands (c/o Keller 

and Heckman, LLP, 1001 G St. NW., 

Washington, DC 20001) submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of natamycin in or on 

citrus, pome, stone fruit crop groups, 

avocado, kiwi, mango and pomegranate 

when used in accordance with label 

directions and good agricultural 

practices. 

DATES: This regulation is effective 

August 25, 2016. Objections and 

requests for hearings must be received 

on or before October 24, 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–2015–0811, 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: 

Robert McNally, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

BPPDFRNotices@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–2015–0811 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 24, 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– 

2015–0811 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 

In the Federal Register of April 25, 

2016 (81 FR 24044) (FRL–9944–86), 

EPA issued a document pursuant to 

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

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

pesticide tolerance petition (PP 5F8407) 

by Keller and Heckman, LLP, 1001 G St. 

NW., Washington, DC 2001 on behalf of 


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