Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules 6481 

regulatory action under Executive Order 

12866. VA’s impact analysis can be 

found as a supporting document at 

http://www.regulations.gov, usually 

within 48 hours after the rulemaking 

document is published. Additionally, a 

copy of the rulemaking and its impact 

analysis are available on VA’s Web site 

at http://www.va.gov/orpm/, by 

following the link for ‘‘VA Regulations 

Published From FY 2004 Through Fiscal 

Year to Date. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This proposed rule would 

have no such effect on State, local, and 

tribal governments, or on the private 

sector. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs affected by this document are 

64.007, Blind Rehabilitation Centers; 

64.008, Veterans Domiciliary Care; 

64.009, Veterans Medical Care Benefits; 

64.010, Veterans Nursing Home Care; 

64.011, Veterans Dental Care; 64.012, 

Veterans Prescription Service; 64.014, 

Veterans State Domiciliary Care; 64.015, 

Veterans State Nursing Home Care; 

64.018, Sharing Specialized Medical 

Resources; 64.019, Veterans 

Rehabilitation Alcohol and Drug 

Dependence; 64.022, Veterans Home 

Based Primary Care; and 64.024, VA 

Homeless Providers Grant and Per Diem 

Program. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Robert D. Snyder, Interim Chief of Staff, 

Department of Veterans Affairs, 

approved this document on January 29, 

2016, for publication. 

List of Subjects in 38 CFR Part 17 

Administrative practice and 

procedure, Alcohol abuse, Alcoholism, 

Claims, Day care, Dental health, Drug 

abuse, Health care, Health facilities, 

Health professions, Health records, 

Homeless, Mental health programs, 

Nursing homes, Veterans. 

Dated: February 2, 2016. 

William F. Russo, 

Director, Office of Regulation Policy & 

Management, Office of the General Counsel, 

Department of Veterans Affairs. 

For the reasons set forth in the 

preamble, we propose to amend 38 CFR 

part 17 as follows: 

PART 17—MEDICAL 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 38 U.S.C. 501, and as noted in 

specific sections. 

■ 2. Amend § 17.96 by revising the 

introductory paragraph to read as 

follows: 

§ 17.96 Medication prescribed by non-VA 

physicians. 

Any prescription, which is not part of 

authorized Department of Veterans 

Affairs hospital or outpatient care, for 

drugs and medicines ordered by a 

private or non-Department of Veterans 

Affairs doctor of medicine or doctor of 

osteopathy duly licensed to practice in 

the jurisdiction where the prescription 

is written, shall be filled by a 

Department of Veterans Affairs 

pharmacy or a non-VA pharmacy under 

contract with VA, to include non-VA 

pharmacy in a state home under 

contract with VA for filling 

prescriptions for patients in state 

homes, provided: 

* * * * * 

[§ 17.97 Removed and Reserved] 

■ 3. Remove § 17.97 and mark as 

reserved for future use. 

[FR Doc. 2016–02350 Filed 2–5–16; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0807; FRL–9941–94– 

Region 9] 

Approval of California Air Plan 

Revisions, Department of Pesticide 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the California Department 

of Pesticide Regulations (CDPR) portion 

of the California State Implementation 

Plan (SIP). These revisions concern 

emissions of volatile organic 

compounds (VOCs) from pesticides. We 

are proposing to approve these rules to 

regulate these emission sources under 

the Clean Air Act (CAA or the Act). We 

are taking comments on this proposal 

and plan to follow with a final action. 

DATES: Any comments must arrive by 

March 9, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2015–0807 at http://

www.regulations.gov, or via email to 

Steckel.Andrew@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For 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: 

Nancy Levin, EPA Region IX, (415) 972– 

3848, levin.nancy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules and rule revisions? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rules 

D. Public Comment and Proposed Action 

III. Incorporation by reference 

IV. Statutory and Executive Order Reviews 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
6482 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules 

I. The State’s Submittal 

A. What rules did the State submit? 

This proposal addresses additions and 

amendments to Title 3 of the California 

Code of Regulations (3 CCR) made by 

CDPR Regulation 12–001 

(‘‘Nonfumigant Regulations’’). Table 1 

lists the new and amended regulations 

with the dates that they were adopted 

by the CDPR and submitted by the 

California Air Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted/

amended Submitted 

CDPR .................. 3 CCR 6452 Reduced VOC Emissions Field Fumigation Methods ............................. 05/23/13 02/04/15 

CDPR .................. 3 CCR 6452.2 VOC Emission Limits ............................................................................... 05/23/13 02/04/15 

CDPR .................. 3 CCR 6558 Recommendations for Use of Nonfumigants in the San Joaquin Valley 

(SJV) Ozone Nonattainment Area (NAA).

05/23/13 02/04/15 

CDPR .................. 3 CCR 6577 Sales of Nonfumigants for Use in the SJV Ozone NAA ......................... 05/23/13 02/04/15 

CDPR .................. 3 CCR 6864 Criteria for Identifying Pesticides as Toxic Air Contaminants ................. 05/23/13 02/04/15 

CDPR .................. 3 CCR 6880 Criteria to Designate Low-VOC or High-VOC Nonfumigant Pesticide 

Products.

05/23/13 02/04/15 

CDPR .................. 3 CCR 6881 Annual VOC Emissions Inventory Report ............................................... 05/23/13 02/04/15 

CDPR .................. 3 CCR 6883 Recommendation Requirements in the SJV Ozone NAA ....................... 05/23/13 02/04/15 

CDPR .................. 3 CCR 6884 SJV Ozone NAA Use Prohibitions .......................................................... 05/23/13 02/04/15 

CDPR .................. 3 CCR 6886 Dealer Responsibilities for the SJV Ozone NAA .................................... 05/23/13 02/04/15 

On August 4, 2015, the submittal for 

CDPR’s Nonfumigant Regulations was 

deemed by operation of law to meet the 

completeness criteria in 40 CFR part 51 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of these 

rules? 

There are no previous versions of 3 

CCR 6558, 6577, 6864, 6880, 6883, 6884, 

or 6886 in the SIP. We approved earlier 

versions of 3 CCR 6452, 6452.2 and 

6452.4 (now 6881) into the SIP on 

October 26, 2012 (77 FR 65294). 

C. What is the purpose of the submitted 

rules and rule revisions? 

VOCs help produce ground-level 

ozone, smog and PM, which harm 

human health and the environment. 

Section 110(a) of the CAA requires 

States to submit regulations that control 

VOC emissions. The overall purpose of 

the new and amended regulations is to 

regulate certain nonfumigant pesticide 

products applied to certain crops in the 

SJV ozone NAA when VOC emissions 

meet or exceed 95% of the 18.1 tons per 

day limit on VOC emissions, or 17.2 

tons per day. CDPR added or revised the 

rules specified above largely to establish 

limits on the sale and use of high-VOC 

formulations of nonfumigant pesticide 

products that contain abamectin, 

chlorpyrifos, gibberellins, or oxyfluorfen 

as their primary active ingredient, for 

use on any of the following seven crops: 

Alfalfa, almond, citrus, cotton, grape, 

pistachio, and walnut. These 

restrictions are only triggered when the 

VOC emissions meet or exceed 17.2 tons 

per day, as reported in the CDPR’s 

Annual VOC Emissions Inventory 

Report. They apply only during the 

May-October ‘‘ozone season.’’ Once 

high-VOC product prohibitions are in 

effect, they must remain in effect until 

the ‘‘hypothetical emissions’’ (i.e., the 

estimated VOC emissions if the 

prohibitions were not in effect) for 

pesticides in the SJV ozone NAA 

comply with the 17.2 tons per day limit 

for at least two consecutive years. The 

rules include a calculation to determine 

the ‘‘hypothetical emissions.’’ The rules 

also require pest control dealers to 

provide customers written information 

about these restrictions and to indicate 

on the invoice that the written 

information was provided. Pest control 

advisors are prohibited from 

recommending a restricted nonfumigant 

product, unless it qualifies under an 

exception. 

The EPA’s technical support 

document (TSD) has more information 

about these rules. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

SIP rules must be enforceable (see 

CAA section 110(a)(2)), must not 

interfere with applicable requirements 

concerning attainment and reasonable 

further progress or other CAA 

requirements (see CAA section 110(l)), 

and must not modify certain SIP control 

requirements in nonattainment areas 

without ensuring equivalent or greater 

emissions reductions (see CAA section 

193). 

Generally, SIP rules must require 

Reasonably Available Control 

Technology (RACT) for each category of 

sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each major source of VOCs in 

ozone nonattainment areas classified as 

moderate or above (see CAA section 

182(b)(2)). Because there are no relevant 

EPA CTG documents and because there 

are no major sources of VOCs for 

nonfumigant pesticides, nonfumigant 

pesticides are not subject to RACT 

requirements. However, nonfumigant 

pesticide use is subject to other VOC 

limits and requirements described in the 

TSD. 

Guidance and policy documents that 

we use to evaluate enforceability, 

revision/relaxation and rule stringency 

requirements for the applicable criteria 

pollutants include the following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations,’’ 

EPA, May 25, 1988 (the Bluebook, 

revised January 11, 1990). 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with CAA requirements and relevant 

guidance regarding enforceability, 

stringency, and SIP revisions. The TSD 

has more information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSD describes additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rules but are not currently the basis for 

rule disapproval. 

E. Public Comment and Proposed 

Action 

As authorized in section 110(k)(3) of 

the Act, the EPA proposes to fully 

approve the submitted rules because we 

believe they fulfill all relevant 

requirements. We will accept comments 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules 6483 

from the public on this proposal until 

March 9, 2016. Unless we receive 

convincing new information during the 

comment period, we intend to publish 

a final approval action that will 

incorporate these rules into the federally 

enforceable SIP. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the CDPR rules as described in Table 1 

of this notice. The EPA has made, and 

will continue to make, these documents 

available electronically through 

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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, the EPA’s role is to 

approve State choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed 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 the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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 the 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: January 14, 2016. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2016–02314 Filed 2–5–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0953; FRL–9941–96– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Infrastructure or Requirements for the 

2008 Ozone and 2010 Nitrogen Dioxide 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

elements of State Implementation Plan 

(SIP) submissions from the State of 

Texas for Ozone (O3) and Nitrogen 

Dioxide (NO2) National Ambient Air 

Quality Standards (NAAQS). These 

submittals address how the existing SIP 

provides for implementation, 

maintenance, and enforcement of the 

2008 O3 and 2010 NO2 NAAQS 

(infrastructure SIPs or i-SIPs). These iSIPs ensure that the State’s SIP is 

adequate to meet the state’s 

responsibilities under the Federal Clean 

Air Act (CAA). 

DATES: Written comments must be 

received on or before March 9, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2012–0953 at http://

www.regulations.gov or via email to 

fuerst.sherry@epa.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, please 

contact Sherry Fuerst, (214) 665–6454, 

fuerst.sherry@epa.gov. For 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/commentingepa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Sherry Fuerst, telephone (214) 665– 

6454, fuerst.sherry@epa.gov. To inspect 

the hard copy materials, please schedule 

an appointment with her or Bill Deese 

at (214) 665–7253. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ means the EPA. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS