22646 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 

River, mile 12.1, to remain in the 

closed-to-navigation position and need 

not open for maritime traffic from 8:20 

a.m. on May 17, 2015 until 10:35 a.m. 

on May 17, 2015. Waterway usage on 

this part of the Willamette River 

includes vessels ranging from 

commercial tug and barge to small 

pleasure craft. 

Vessels able to pass through the 

bridge in the closed positions may do so 

at anytime. The bridge will be able to 

open for emergencies and there is no 

immediate alternate route for vessels to 

pass. The Coast Guard will also inform 

the users of the waterways through our 

Local and Broadcast Notices to Mariners 

of the change in operating schedule for 

the bridge so that vessels can arrange 

their transits to minimize any impact 

caused by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: April 17, 2015. 

Steven M. Fischer, 

Bridge Administrator, Thirteenth Coast Guard 

District. 

[FR Doc. 2015–09481 Filed 4–22–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0924; FRL–9924–77– 

Region 9] 

Revisions to the California State 

Implementation Plan, Feather River Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Feather River Air Quality Management 

District (FRAQMD) portion of the 

California State Implementation Plan 

(SIP). These revisions concern volatile 

organic compound (VOC), oxides of 

nitrogen (NOX) and particulate matter 

(PM) emissions from rice straw burning, 

surface preparation and cleanup for 

solvents, wood product coating 

operations, boilers, steam generators, 

process heaters, and stationary internal 

combustion engines. We are approving 

local rules that regulate these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule is effective on June 22, 

2015 without further notice, unless EPA 

receives adverse comments by May 26, 

2015. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2014–0924, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. 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 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 

www.regulations.gov or email. 

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 email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), 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: 

Kevin Gong, EPA Region IX, (415) 972– 

3073, Gong.Kevin@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 

rules or 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. Incorporation by Reference 

IV. 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 

action with the dates that they were adopted 

by the local air agency and submitted by the 

California Air Resources Board. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted or 

amended Submitted 

FRAQMD ..... 10.9 Rice Straw Emission Reduction Credits and Banking .......................................... 4/6/2009 11/6/2014 

FRAQMD ..... 3.14 Surface Preparation and Clean-Up ....................................................................... 8/1/2011 2/10/2014 

FRAQMD ..... 3.20 Wood Products Coating Operations ...................................................................... 8/1/2011 2/10/2014 

FRAQMD ..... 3.21 Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters.6/5/2006 2/10/2014 

FRAQMD ..... 3.22 Stationary Internal Combustion Engines ............................................................... 10/6/2014 11/6/2014 


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Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 22647 

On May 5, 2014, EPA determined that the 

submittal for FRAQMD Rules 3.14, 3.20 and 

3.21 met the completeness criteria in 40 CFR 

part 51, appendix V, which must be met 

before formal EPA review. On December 18, 

2014, EPA determined that the submittal for 

FRAQMD Rules 10.9 and 3.22 met the 

completeness criteria. 

B. Are there other versions of these rules? 

There are no previous versions of Rules 

10.9, 3.20 and 3.21 in the SIP. We approved 

an earlier version of Rule 3.14 that had been 

submitted by the Sutter County Air Pollution 

Control District (SCAPCD) on May 3, 1982 in 

47 FR 118856. SCAPCD is a predecessor 

agency to FRAQMD and so that version of the 

rule is enforceable by FRAQMD. We 

included an earlier version of Rule 3.22 into 

the SIP on March 1, 2012 in 77 FR 12493 in 

a limited approval and limited disapproval 

action. 

C. What is the purpose of the submitted rules 

or rule revisions? 

VOCs help produce ground-level ozone 

and smog, which harm human health and the 

environment. Section 110(a) of the CAA 

requires States to submit regulations that 

control VOC emissions. Rule 10.9 establishes 

standards, processes and procedures for 

calculating creditable VOC emissions 

reductions from the curtailment of rice straw 

burning. Rules 3.14 and 3.20 establish limits 

and control procedures for reducing VOC 

emissions resulting from solvent use and 

wood product coating operations. Rule 3.22 

limits VOC emissions from internal 

combustion engines. 

NOX helps produce ground-level ozone, 

smog and particulate matter, which harm 

human health and the environment. Section 

110(a) of the CAA requires States to submit 

regulations that control NOX emissions. Rule 

10.9 establishes standards, processes and 

procedures for calculating creditable NOX

emissions reductions from the curtailment of 

rice straw burning. Rules 3.21 and 3.22 limit 

NOX emissions from combustion sources 

including internal combustion engines, 

boilers, steam generators, and process 

heaters. 

PM contributes to effects that are harmful 

to human health and the environment, 

including premature mortality, aggravation of 

respiratory and cardiovascular disease, 

decreased lung function, visibility 

impairment, and damage to vegetation and 

ecosystems. Section 110(a) of the CAA 

requires States to submit regulations that 

control PM emissions. Rule 10.9 establishes 

standards, processes and procedures for 

calculating creditable PM emissions 

reductions from the curtailment of rice straw 

burning. Rules 3.21 and 3.22 directly limit 

NOX emissions which are a precursor to 

PM2.5. 

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? 

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). 

Additionally, Rule 10.9 includes provisions 

that generate emission reduction credits for 

use as offsets in the New Source Review 

(NSR) program, and must meet the NSR 

requirement for valid offsets (see CAA 

section 173(c)). Such rules are also evaluated 

against EPA’s non-binding guidance on 

economic incentive programs. 

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. ‘‘State Implementation Plans; General 

Preamble for the Implementation of Title I of 

the Clean Air Act Amendments of 1990,’’ (57 

FR 13498, April 16, 1992 and 57 FR 18070, 

April 28, 1992). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations’’ 

(‘‘the Bluebook,’’ U.S. EPA, May 25, 1988; 

revised January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies’’ 

(‘‘the Little Bluebook’’, EPA Region 9, August 

21, 2001). 

4. ‘‘State Implementation Plans; Nitrogen 

Oxides Supplement to the General Preamble; 

Clean Air Act Amendments of 1990 

Implementation of Title I; Proposed Rule’’ 

(‘‘the NOX Supplement,’’ 57 FR 55620, 

November 25, 1992). 

5. ‘‘Improving Air Quality with Economic 

Incentive Programs’’ (EPA–452/R–01–001, 

January 2001) http://www.epa.gov/ttn/oarpg/ 

t1/memoranda/eipfin.pdf. 

6. Rice Straw Emission Reduction Credit 

Model Rule Support Document (White 

Paper), Sacramento Federal Non-Attainment 

Area, October 16, 2008. 

7. ‘‘Control Technique Guidelines for the 

Control of VOC Emission from Wood 

Furniture Manufacturing Operations’’ (EPA– 

453/R–96–007, April 1996). 

8. ‘‘Control Technique Guidelines for Flat 

Wood Paneling Coatings’’ (EPA–453/R–06– 

004, September 2006). 

9. ‘‘Control of Volatile Organic Emissions 

from Solvent Metal Cleaning’’ (EPA–450/2– 

77–022, November 1977). 

10. ‘‘Control Techniques Guidelines for 

Industrial Cleaning Solvents’’ (EPA–453/R– 

06–001 September 2006). 

11. ‘‘Control Technique Guidelines for 

Flexible Package Printing’’ (EPA–453/R–06– 

003, September 2006) 

12. ‘‘Control of Volatile Organic Compound 

Emissions from Coating Operations at 

Aerospace Manufacturing and Rework 

Operations’’ (EPA–453/R–97–004, December 

1997) 

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 VOC and NOX major 

source in ozone nonattainment areas 

classified as moderate or above (see 

sections 182(b)(2) and 182(f)). 40 CFR 

81.305 describes FRAQMD as regulating 

a portion of the Sacramento Metro Area 

nonattainment area classified as Severe15 for the 1997 and 2008 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS), and classified as Severe-15 

for the 1-hour ozone standard. The rest 

of FRAQMD is classified as a Section 

185A Area for the 1-hour ozone 

standard. These rules must implement 

RACT, as the District regulates an ozone 

nonattainment area classified as Severe. 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACT or 

RACM, and SIP relaxations. The TSDs 

have more information on our 

evaluation. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSDs describe 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. 

D. Public Comment and Final Action 

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

the Act, EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by May 26, 2015, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on June 22, 2015. 

This will incorporate these rules into 

the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 


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22648 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 

incorporation by reference of the 

FRAQMD rules described in the 

amendments to 40 CFR part 52 set forth 

below. 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, 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 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 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 June 22, 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. 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 this 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, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 27, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, 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 F—California 

■ 2. Section 52.220, is amended by 

adding paragraphs (c)(442)(i)(E) and 

(c)(457) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(442) * * * 

(i) * * * 

(E) Feather River Air Quality 

Management District. 

(1) Rule 3.14, ‘‘Surface Preparation 

and Clean-Up,’’ amended on August 1, 

2011. 

(2) Rule 3.20, ‘‘Wood Products 

Coating Operations,’’ amended on 

August 1, 2011. 

(3) Rule 3.21, ‘‘Industrial, 

Institutional, and Commercial Boilers, 

Steam Generators, and Process Heaters,’’ 

adopted on June 5, 2006. 

* * * * * 

(457) New and amended regulations 

for the following APCDs were submitted 

on November 6, 2014 by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) Feather River Air Quality 

Management District. 

(1) Rule 10.9, ‘‘Rice Straw Emission 

Reduction Credits and Banking,’’ 

amended on October 6, 2014. 

(2) Rule 3.22, ‘‘Stationary Internal 

Combustion Engines,’’ amended on 

October 6, 2014. 

[FR Doc. 2015–09409 Filed 4–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0355; FRL–9926–66] 

Bicyclopyrone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of bicyclopyrone 


rljohnson on DSK7TPTVN1PROD with RULES