Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations 44155 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2008–0237; FRL–8695–7] 

Revisions to the California State 

Implementation Plan, Ventura County 

Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the Ventura County Air 

Pollution Control District (VCAPCD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on May 9, 2008 and concern 

oxides of nitrogen (NOX ) emissions 

from stationary internal combustion 

engines. We are approving a local rule 

that regulates these emission sources 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on August 29, 2008. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2008–0237 for 

this action. The index to the docket is 

available electronically at 

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: 

Francisco Do ́n ̃tez, EPA Region IX, (213) 

244–1834, Donez.Francisco@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On May 9, 2008 (73 FR 26355), EPA 

proposed to approve the following rule 

into the California SIP. 

Local agency Rule # Rule title Adopted Submitted 

VCAPCD ................................. 74.9 Stationary Internal Combustion Engines ................................ 11/08/05 03/10/06 

We proposed to approve this rule 

because we determined that it complied 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 

30-day public comment period. During 

this period, we received no comments. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted rule complies with the 

relevant CAA requirements. Therefore, 

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

Act, EPA is fully approving this rule 

into the California SIP. 

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, 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 September 29, 

2008. 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 


rwilkins on PROD1PC63 with RULES
44156 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations 

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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: June 30, 2008. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 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 paragraph (c)(344)(i)(D) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(344) * * * 

(i) * * * 

(D) Ventura County Air Pollution 

Control District. 

(1) Rule 74.9, Stationary Internal 

Combustion Engines, adopted on 

November 8, 2005. 

* * * * * 

[FR Doc. E8–17471 Filed 7–29–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0511; FRL–8372–9] 

1-Methylcyclopropene; Pesticide 

Tolerance; Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: EPA issued a final rule in the 

Federal Register of April 9, 2008 (73 FR 

19147) (FRL–8357–5), concerning 1- 

methylcyclopropene (1-MCP); 

amendment to an exemption from the 

requirement of a tolerance. This 

document is being issued to correct a 

technical error, specifically the 

omission of addressing the comments 

received after the publication of the 

notice of filing on August 8, 2007 (72 FR 

44520) (FRL–8138–9). 

DATES: This final rule is effective July 

30, 2008. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2008–0511. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

website to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. Although listed in the 

index, some information is not publicly 

available, e.g., Confidential Business 

Information (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 Office of 

Pesticide Programs (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., Monday 

through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Driss Benmhend, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9525; e-mail address: 

benmhend.driss@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

The Agency included in the final rule 

a list of those who may be potentially 

affected by the action. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under the FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to using regulations.gov, 

you may access this Federal Register 

document electronically through the 

EPA Internet under the ‘‘Federal 

Register’’ listings at http:// 

www.epa.gov/fedrgstr. 

II. What Does this Correction Do? 

The final rule, identified as FR Doc. 

E8–7458 that was published in the 

Federal Register of April 9, 2008 (73 FR 

19147) (FRL–8357–5) is corrected as 

follows: 

On page 19148, under ‘‘II. 

BACKGROUND AND STATUTORY FINDINGS’’, 

the last sentence of paragraph one, 

‘‘There were no comments received in 

response to the notice of filing’’, is 

corrected to read as follows: 

After the publication of the notice of 

filling, the following comments were 

received and reviewed by the Agency: 

The first set of comments raised 

concerns that the Agency may not have 

completely assessed the safety of the 

active ingredient for its new outdoor 

use, especially with regard to its fate 

and behavior in the outdoor 

environment. The second set of 

comments addressed the potential 

negative effects on human health as a 

result of the new use of 1-MCP for preharvest treatments on fruits and 

vegetables. 

The active ingredient, 1- 

methylcyclopropene, has been 

completely assessed by the Agency for 

its potential for adverse environmental 

effects, particularly in regard to nontarget organisms, including threatened 

and endangered species. Its effects on 

the environment (if any) are directly 

related to its mode of action as an 

ethylene inhibitor in plants. Animals 

have no ethylene receptors and, 

therefore, it is highly unlikely that 1- 

MCP would have any adverse effects on 

animals. Furthermore, the product is 

applied at extremely low rates. The 

maximum use rate permitted on the 

product label is approximately 0.28 lbs 

(121.4 g) of 1-MCP/acre. 

1-MCP is a volatile gas. When 

dissolved in water and applied to field 

crops and orchards, 1-MCP will rapidly 

volatilize from plant and soil surfaces 

and its effects will be confined to the 

plant tissues to which it has been 

directly applied. Once in the 

atmosphere, it will be rapidly diluted 

and degraded by sunlight and reaction 

with hydroxyl molecules within 

approximately 6.4 hours master record 

identification number ((MRIDs) 471082–

06 & 471082–07). A study by the 

European Food and Safety Authority 

concurs with EPA’s conclusion, and has 

estimated an atmospheric half-life of 1- 

MCP to be about 4.4 hours (EFSA, 

2005). 

A study on soil leaching (MRID 

47108204) demonstrated that more than 


rwilkins on PROD1PC63 with RULES