Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Proposed Rules 30485 

however, that some technology-forcing 

limits, such as the aerosol adhesives 

limit originally adopted in 1989, were 

not achievable. In those cases, CARB 

identified limits that were achievable 

and offset any shortfall in emission 

reductions through greater reductions in 

other consumer product categories. The 

TSDs have more information on our 

evaluation. 

C. EPA Recommendations to Further 

Improve the Regulations 

The TSD for CARB Method 310 

suggests an amendment to clarify an 

equation’s legend. EPA recommends 

that CARB adopt this clarifying 

amendment the next time it modifies 

Method 310. 

D. Public Comment and Final Action 

Because EPA believes the submitted 

regulations fulfill all relevant 

requirements, we are proposing to fully 

approve them consistent with section 

110(k)(3) of the Act. We are also 

proposing to approve CARB Method 310 

to support compliance with CARB’s 

APDO, Consumer Products, and Aerosol 

Coating Products regulations. We will 

accept comments from the public on 

this proposal for the next 30 days. 

Unless we receive convincing new 

information during the comment period, 

we intend to publish a final approval 

action that will incorporate these 

regulations into the federally 

enforceable SIP. 

III. 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, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

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). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: June 17, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–15144 Filed 6–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0272; FRL–8923–3] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District and South Coast Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) and South Coast Air 

Quality Management District 

(SCAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern particulate matter 

emissions from open burning; wood 

burning fireplaces and heaters; and the 

storage, handling, and transportation of 

coke, coal, and sulfur. We are proposing 

to approve local rules that regulate these 

emissions under the Clean Air Act as 

amended in 1990 (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 

July 27, 2009. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0272, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

• E-mail: steckel.andrew@epa.gov. 

• Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send 

e-mail directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

30486 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Proposed Rules 

comment. 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. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. 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 in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to 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 

rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA recommendations to further 

improve the rules. 

D. Public Comment and Final Action. 

III. Statutory and Executive Order Reviews. 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this proposal with the dates that the 

rules were amended by the local air 

agencies and submitted by the 

California Air Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule # Rule title Amended Submitted 

SJVUAPCD ................................... 4103 Open Burning ....................................................................................... 05/17/07 04/06/09 

SJVUAPCD ................................... 4901 Wood Burning Fireplaces and Wood Burning Heaters ....................... 10/16/08 12/23/08 

SCAQMD ....................................... 1158 Storage, Handling, and Transport of Coke, Coal and Sulfur .............. 07/11/08 12/23/08 

On April 20, 2009, the submittal of 

SJVUAPCD Rule 4901 and SCAQMD 

Rule 1158 was determined to meet the 

completeness criteria in 40 CFR part 51, 

appendix V, which must be met before 

formal EPA review. On May 13, 2009, 

the submittal of SJVUAPCD Rule 4103 

was determined to meet the 

completeness criteria. 

B. Are there other versions of these 

rules? 

A version of SJVUAPCD Rule 4103 

was approved into the SIP on April 11, 

2006 (71 FR 18216). A version of 

SJVUAPCD Rule 4901 was approved 

into the SIP on September 30, 2003 (68 

FR 56181). A version of SCAQMD Rule 

1158 was approved into the SIP on June 

10, 2002 (67 FR 39616). 

C. What is the purpose of the submitted 

rule revisions? 

Section 110(a) of the Clean Air Act 

(CAA) requires states to submit 

regulations that control volatile organic 

compounds, nitrogen oxides, particulate 

matter, and other air pollutants which 

harm human health and the 

environment. These rules were 

developed as part of local air districts’ 

programs to control these pollutants. 

The purpose of SJVUAPCD Rule 4103 

is to regulate open burning activities 

and minimize smoke impacts on the 

public. The purpose of SJVUAPCD Rule 

4901 is to limit emissions of carbon 

monoxide and particulate matter from 

wood burning fireplaces, wood burning 

heaters, and outdoor wood burning 

devices. The purpose of SCAQMD Rule 

1158 is to reduce emissions of 

particulate matter from the storage, 

handling, and transport of coke, coal, 

and sulfur. EPA’s technical support 

documents (TSDs) have more 

information about these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

CAA) and must not relax existing 

requirements (see sections 110(l) and 

193). In addition, SIP rules must 

implement Reasonably Available 

Control Measures (RACM), including 

Reasonably Available Control 

Technology (RACT), in moderate PM 

nonattainment areas, and Best Available 

Control Measures (BACM), including 

Best Available Control Technology 

(BACT), in serious PM nonattainment 

areas (see CAA sections 189(a)(1) and 

189(b)(1)). SJVUAPCD regulates a PM– 

10 maintenance area so must continue 

to fulfill the requirements of BACM/ 

BACT. SCAQMD regulates a serious 

PM–10 nonattainment area (see 40 CFR 

part 81), so SCAQMD Rule 1158 must 

fulfill the requirements of BACM/BACT. 

Guidance and policy documents that 

we used to help evaluate rules 

consistently include the following 

guidance documents: 

1. Requirements for Preparation, 

Adoption, and Submittal of 

Implementation Plans, U.S. EPA, 40 

CFR part 51. 

2. Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations, 

EPA (May 25, 1988). [The Bluebook] 

3. Addendum to the General Preamble 

for the Implementation of Title I of the 

Clean Air Act Amendments of 1990, 59 

FR 41998 (August 16, 1994). 

4. PM–10 Guideline Document (EPA– 

452/R–93–008). 

5. 2007 Ozone Plan, San Joaquin 

Valley Air Pollution Control District 

(April 30, 2007). http://www.arb.ca.gov/ 

planning/sip/2007sip/sjv8hr/ 

sjvozone.htm. 

6. Minimum BACM/RACM Control 

Measures for Residential Wood 

Combustion Rules, EPA Region IX 

(February 17, 2009). 

7. 2008 PM2.5 Plan, San Joaquin 

Valley Air Pollution Control District 

(April 30, 2008). http:// 

www.valleyair.org/air_quality_plans/

aq_proposed_pm25_2008.htm. 

B. Do the rules meet the evaluation 

criteria? 

We believe that SJVUAPCD Rules 

4103 and 4901, and SCAQMD Rule 

1158, are consistent with the relevant 

policy and guidance regarding 

enforceability, BACM/BACT, and SIP 

relaxations. The TSDs have more 

information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSD for SJVUAPCD Rule 4901 

describes additional revisions that do 

not affect EPA’s current action but are 

recommended for the next time the local 

agency modifies the rule. 

D. Public Comment and Final Action 

Because EPA believes the submitted 

rules fulfill all relevant requirements, 

we are proposing to fully approve them 

as described in section 110(k)(3) of the 

CAA. We will accept comments from 

Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Proposed Rules 30487 

the public on this proposal for the next 

30 days. 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. 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, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

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). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: June 8, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–15145 Filed 6–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0239; FRL–8411–5] 

Metolachlor, S-Metolachlor, Bifenazate, 

Buprofezin, and 2,4-D; Proposed 

Tolerance Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to modify, 

establish and revoke certain tolerances 

for the herbicides metolachlor and Smetolachlor and correct the tolerance 

guava (from guave) on bifenazate and 

buprofezin and 2,4-D on cranberry. The 

regulatory actions proposed in this 

document are in follow-up to the 

Agency’s reregistration program under 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), and tolerance 

reassessment program under the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

section 408(q). 

DATES: Comments must be received on 

or before August 25, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0239, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

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

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2009– 

0239. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

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 regulations.gov or email. The regulations.gov website 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 e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the 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 docket index available 

at http://www.regulations.gov. 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 in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m.,