Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Rules and Regulations 5291 

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State approval/submittal date 

EPA approval date Explanation 

*******

Subchapter G—Transportation Planning 

*******

Section 114.270 ...................... Transportation Control Measures.6/27/2007 1/31/2014 [Insert FR page 

number where document 

begins].

*******

Subchapter K—Mobile Sources Incentive Programs 

*******

Division 5: Texas Clean Fleet Program 

Section 114.650 ...................... Definitions .............................. 3/28/2012 1/31/2014 [Insert FR page 

number where document 

begins].

Section 114.651 ...................... Applicability ............................ 3/28/2012 1/31/2014 [Insert FR page 

number where document 

begins].

Section 114.652 ...................... Qualifying Vehicles ................ 3/28/2012 1/31/2014 [Insert FR page 

number where document 

begins].

Section 114.653 ...................... Grant Eligibility ....................... 3/28/2012 1/31/2014 [Insert FR page 

number where document 

begins].

Section 114.654 ...................... Usage and Disposition ........... 3/28/2012 1/31/2014 [Insert FR page 

number where document 

begins].

Section 114.655 ...................... Grant Restrictions .................. 2/24/2010 1/31/2014 [Insert FR page 

number where document 

begins].

Section 114.656 ...................... Eligible Grant Amounts .......... 2/24/2010 1/31/2014 [Insert FR page 

number where document 

begins].

Section 114.657 ...................... Reporting Requirements ........ 2/24/2010 1/31/2014 [Insert FR page 

number where document 

begins].

Section 114.658 ...................... Implementation Schedule ...... 2/24/2010 1/31/2014 [Insert FR page 

number where document 

begins].

* * * * * 

[FR Doc. 2014–01903 Filed 1–30–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2013–0502; FRL–9905–32– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Total Suspended 

Particulate Matter SIP Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the 

Wisconsin State Implementation Plan 

(SIP). The SIP revision repeals an 

obsolete Total Suspended Particulate 

Matter (TSP) rule to align the State’s air 

quality standards with the current 

National Ambient Air Quality Standards 

(NAAQS). This action makes no 

substantive changes to the SIP and 

imposes no new requirements. 

DATES: This direct final rule is effective 

April 1, 2014, unless EPA receives 

adverse comments by March 3, 2014. If 

adverse comments are received, EPA 

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–R05– 

OAR–2013–0502, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 


emcdonald on DSK67QTVN1PROD with RULES
5292 Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Rules and Regulations 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2013– 

0502. EPA’s policy is that all comments 

received 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 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 www.regulations.gov 

or email. The www.regulations.gov Web 

site 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 email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

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 www.regulations.gov 

index. 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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

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

Friday, excluding Federal holidays. We 

recommend that you telephone Gilberto 

Alvarez, Environmental Scientist, at 

(312) 886–6143 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Gilberto Alvarez, Environmental 

Scientist, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6143, 

alvarez.gilberto@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Introduction 

II. Removal of Obsolete or Unnecessary Rule 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Introduction 

The EPA is removing three sections 

from the State’s air quality SIP, based on 

a rule change made by the State to 

repeal its TSP air quality standard. EPA 

originally regulated particulate matter 

(PM) measured using TSP, which is 

particulate up to 100 micrometers in 

diameter. EPA tightened the PM 

standards, as PM10 and PM2.5 in 1987 

and 1997, respectively, which replaced 

the TSP secondary standard. Particulate 

matter larger than 10 micrometers 

generally is not inhaled into the lungs 

and standards based on PM10 and PM2.5

are found to adequately protect human 

health. This action removes the sections 

from 40 CFR part 52 that no longer have 

any use or legal effect because they have 

been superseded by subsequently 

approved SIP revisions. 

II. Removal of Obsolete or Unnecessary 

Rule 

The Wisconsin Department of Natural 

Resources (WDNR) has requested 

removal of three sections of the 

Wisconsin administrative code from the 

SIP, to align the State’s air quality 

standards with the current NAAQS for 

PM. EPA has reviewed the request and 

finds that the three sections should be 

removed for the reasons set forth as 

follows: 

Section NR 404.02(11) TSP Definition 

Section NR 404.02(11) defines ‘‘Total 

Suspended Particulates’’. This 

definition is being removed because 

EPA has adopted air quality standards 

for PM10 and PM2.5, which are 

particulates of 10 micrometers and 2.5 

micrometers, respectively. The PM10

and PM2.5 standards for smaller sized 

particles render the larger sized TSP 

particle standard obsolete. 

Section NR 404.04(3) Particulate 

Matter Secondary Standard 

The NAAQS consist of both primary 

standards and secondary standards. 

Primary NAAQS provide public health 

protection. Secondary NAAQS provide 

public welfare protection, including 

protection against decreased visibility 

and damage to animals, crops, 

vegetation, and buildings. Section NR 

404.04(3) defines the TSP secondary 

standard as 150 micrograms per cubic 

meter, maximum 24-hour average 

concentration, not to be exceeded more 

than once per year. EPA replaced the 

TSP secondary standard with more 

protective PM10 and PM2.5 standards in 

1987 and 1997, respectively. 

Section NR 484.04(3) TSP Reference 

Method 

Section NR 484.04(3) incorporates by 

reference the test method for TSP. The 

reference method is used to determine 

particulate matter in the atmosphere. 

Because EPA replaced TSP air quality 

standards with PM10 and PM2.5

standards, the reference method is 

obsolete. 

III. Final Action 

EPA has determined that the abovereferenced sections should be removed 

at this time. EPA is publishing this rule 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the proposed 

rules section of this Federal Register, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the SIP revision if relevant 

adverse comments are filed. This rule 

will be effective on April 1, 2014 

without further notice, unless EPA 

receives relevant adverse comment 

March 3, 2014. If EPA receives relevant 

adverse comment, EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 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 


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Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Rules and Regulations 5293 

of the rule that are not the subject of an 

adverse comment. 

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 Clean Air 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. 

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 April 1, 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 it 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, 

Particulate matter, Total Suspended 

Solids, Reporting and recordkeeping 

requirements. 

Dated: December 23, 2013. 

Susan Hedman, 

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 52.2570 is amended by 

revising paragraphs (c)(64)(i)(A), 

(c)(65)(i)(A), (c)(73)(i)(J), and 

(c)(103)(i)(S), and by adding paragraph 

(c)(130) to read as follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(64) * * * 

(i) * * * 

(A) Wisconsin revised rules NR 

439.03, NR 439.09 and NR 484.04, 

Wisconsin’s Administrative Code, 

effective October 1, 1987. Section NR 

484.04(3) was repealed in 2011 and is 

removed without replacement; see 

paragraph (c)(130) of this section. 

* * * * * 

(65) * * * 

(i) * * * 

(A) The rule packages revise NR 

400.02, 404.02, 404.04, 405.02, 406.04, 

and 484.03 of the Wisconsin 

Administrative Code. Sections NR 

404.02(11), NR 404.04(3), and 484.04(3) 

were repealed in 2011 and are removed 

without replacement; see paragraph 

(c)(130) of this section. 

* * * * * 

(73) * * * 

(i) * * * 

(J) Chapter NR 484: 

INCORPORATION BY REFERENCE. NR 

484.01 as published in the (Wisconsin) 

Register, May, 1992, No. 437, effective 

June 1, 1992. NR 484.02 as published in 

the (Wisconsin) Register, September, 

1986, No. 369, effective October 1, 1986. 

NR 484.03 as published in the 

(Wisconsin) Register, May, 1993, No. 

449, effective June 1, 1993. NR 484.04, 

484.05 and 484.06 as published in the 

(Wisconsin) Register, December, 1993, 

No. 456, effective January 1, 1994. NR 

484.08 and 484.09 as published in the 

(Wisconsin) Register, October, 1992, No. 

442, effective November 1, 1992. 

Section NR 484.04(3) was repealed in 

2011 and is removed without 

replacement; see paragraph (c)(130) of 

this section. 

* * * * * 

(103) * * * 

(i) * * * 

(S) NR 484.04 as published in the 

(Wisconsin) Register, August 2001, No. 

548 and effective September 1, 2001. 

Section NR 484.04(3) was repealed in 

2011 and is removed without 


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5294 Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Rules and Regulations 

replacement; see paragraph (c)(130) of 

this section. 

* * * * * 

(130) On June 20, 2013, the Wisconsin 

Department of Natural Resources 

submitted a request to remove the state’s 

TSP air quality standard, sections NR 

404.02(11), NR 404.04(3), and NR 

484.04(3) of the Wisconsin 

Administrative Code, from the state’s air 

quality State Implementation Plan. 

(i) [Reserved] 

(ii) Additional material. Wisconsin 

Natural Resources Board October 6, 

2011, Board Order AM–23–07B to 

repeal the state’s TSP air quality 

standard, as published in the Wisconsin 

Administrative Register November 2011, 

No. 671, effective December 1, 2011. 

[FR Doc. 2014–01900 Filed 1–30–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

CFR Correction 

■ In Title 40 of the Code of Federal 

Regulations, Part 52 (§§ 52.01 to 

52.1018), revised as of July 1, 2013, on 

page 277, in § 52.220, the paragraph 

designation for paragraph (311)(A)(i)(2) 

is italicized and the paragraph is moved 

to before paragraph (311)(A)(i)(3). 

[FR Doc. 2014–02088 Filed 1–30–14; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0515; FRL–9904–27] 

Diflubenzuron; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of diflubenzuron 

(N-[[(4-chlorophenyl)amino]carbonyl]- 

2,6-difluorobenzimide) in or on fruit, 

citrus, group 10–10 and citrus, oil. 

Chemtura Corporation, requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

January 31, 2014. Objections and 

requests for hearings must be received 

on or before April 1, 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–2012–0515, 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), EPA West 

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, Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

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–2012–0515 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 April 1, 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– 

2012–0515, 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 September 

12, 2013 (78 FR 56185) (FRL–9399–7), 

EPA issued a document pursuant to 

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

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

pesticide petition (PP 2F8015) by 

Chemtura Corporation,199 Benson 

Road, Middlebury, CT 06749. The 

petition requested that 40 CFR 180.377 

be amended by establishing tolerances 

for residues of the insecticide 

diflubenzuron, (DFB) and its 

metabolites 4-chlorophenylurea (CPU) 

and 4-chloroaniline (PCA), in or on 

fruit, citrus, group 10–10 at 3.0 parts per 

million (ppm), and citrus, oil at 32.0 


emcdonald on DSK67QTVN1PROD with RULES