Approval of California Air Plan Revisions, Department of Pesticide Regulations, 64350-64354 [2016-22499]
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Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations
EPA-APPROVED IOWA REGULATIONS
Iowa citation
State
effective
date
Title
EPA Approval date
Explanation
Iowa Department of Natural Resources Environmental Protection Commission (567)
Chapter 20—Scope of Title—Definitions—Forms—Rule of Practice
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567–20.2 ........................
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Definitions .....................
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4/22/15
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6/17/16; 81 FR 39585 ...
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The definitions for ‘‘anaerobic lagoon,’’ ‘‘odor,’’
‘‘odorous substance,’’ ‘‘odorous substance
source’’ are not SIP approved.
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Chapter 22—Controlling Pollution
567–22.3 ........................
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Issuing Permits .............
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4/22/15
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[FR Doc. 2016–22398 Filed 9–19–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0807; FRL–9951–19–
Region 9]
Approval of California Air Plan
Revisions, Department of Pesticide
Regulations
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Subrule 22.3(6) has not been approved as part
of the SIP. Subrule 22.3(6), Limits on Hazardous Air Pollutants, has been approved
under Title V and section 112(l). The remainder of the rule has not been approved pursuant to Title V and section 112(l).
*
*
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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
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.
These rules will be effective on
October 20, 2016.
Table of Contents
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2015–0807. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
ADDRESSES:
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On February 8, 2016 (81 FR 6481), the
EPA proposed to approve the following
rules into the California SIP.
Adopted/
amended/
revised
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Local agency
Rule #
Rule title
CDPR .........................
CDPR .........................
CDPR .........................
3 CCR 6452 .......................
3 CCR 6452.2 ....................
3 CCR 6558 .......................
CDPR .........................
CDPR .........................
3 CCR 6577 .......................
3 CCR 6864 .......................
Reduced VOC Emissions Field Fumigation Methods ....
VOC Emission Limits .....................................................
Recommendations for Use of Nonfumigants in the San
Joaquin Valley (SJV) Ozone Nonattainment Area
(NAA).
Sales of Nonfumigants for Use in the SJV Ozone NAA
Criteria for Identifying Pesticides as Toxic Air Contaminants.
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the use of certain nonfumigant pesticide
products applied to certain crops in the
San Joaquin Valley ozone
nonattainment area when VOC
emissions meet or exceed 95% of the
18.1 tons per day limit on VOC
emissions, or 17.2 tons per day. The
rules establish limits on the sale and use
of high-VOC formulations of
nonfumigant pesticide products that
contain any of four specified primary
active ingredients for use on seven
specified crops grown in the San
Joaquin Valley. We are approving these
rules that regulate these emission
sources under the Clean Air Act (CAA
or the Act).
DATES:
The Environmental Protection
Agency (EPA) is taking final action 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. The overall purpose of the
new and revised regulations is to restrict
SUMMARY:
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Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations
Adopted/
amended/
revised
Local agency
Rule #
Rule title
CDPR .........................
3 CCR 6880 .......................
CDPR .........................
CDPR .........................
3 CCR 6881 .......................
3 CCR 6883 .......................
CDPR .........................
CDPR .........................
3 CCR 6884 .......................
3 CCR 6886 .......................
Criteria to Designate Low-VOC or High-VOC Nonfumigant Pesticide Products.
Annual VOC Emissions Inventory Report ......................
Recommendation Requirements in the SJV Ozone
NAA.
SJV Ozone NAA Use Prohibitions .................................
Dealer Responsibilities for the SJV Ozone NAA ...........
The overall purpose of the new and
revised regulations is to restrict the use
of certain nonfumigant pesticide
products applied to certain crops in the
San Joaquin Valley ozone
nonattainment area 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. We proposed to
approve these rules because we
determined that they complied with the
relevant CAA requirements. Our
proposed action contains more
information on the rules and our
evaluation.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received one comment.1
The commenter supported EPA
approval of these rules because they are
in line with California’s efforts to reduce
smog and improve the health of the
environment, which improves the
quality of life of its residents.
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III. EPA Action
No adverse comments were
submitted. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is
fully approving these rules into the
California SIP.
IV. 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
incorporation by reference of the
California rules described in the
amendments to 40 CFR part 52 set forth
1 See https://www.regulations.gov; Docket ID
‘‘EPA–R09–OAR–2015–0807–0076.’’
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below. Therefore, these materials have
been approved by EPA for inclusion in
the State Implementation Plan, have
been incorporated by reference by EPA
into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of EPA’s approval, and
will be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.2
The EPA has made, and will continue
to make, these documents available
through www.regulations.gov and at the
EPA Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. 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 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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
2 62
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FR 27968 (May 22, 1997).
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02/04/15
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, 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, 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).
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. The 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
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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 November 21,
2016. 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. 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,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: August 9, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
d. Adding a table entry titled ‘‘Title 3
(Food and Agriculture), Division 6
(Pesticides and Pest Control
Operations), Chapter 3 (Pest Control
Operations), Subchapter 1 (Licensing),
Article 6 (Pest Control Dealer Licenses)’’
after the new entry ‘‘6558’’; and under
it, adding an entry for ‘‘6577’’;
■ e. Adding a table entry titled ‘‘Title 3
(Food and Agriculture), Division 6
(Pesticides and Pest Control
Operations), Chapter 4 (Environmental
Protection), Subchapter 2 (Air), Article
1 (Toxic Air Contaminants)’’ after the
entry ‘‘6626’’; and under it, adding an
entry for ‘‘6864’’; and
■ f. Adding a table entry titled ‘‘Title 3
(Food and Agriculture), Division 6
(Pesticides and Pest Control
Operations), Chapter 4 (Environmental
Protection), Subchapter 2 (Air), Article
2 (Volatile Organic Compounds)’’ after
the new entry ‘‘6864’’; and under it,
adding entries for ‘‘6880’’, ‘‘6881’’,
‘‘6883’’, ‘‘6884’’, and ‘‘6886’’.
The additions and revisions read as
follows:
■
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 52.220a in paragraph (c),
table 1, is amended by:
■ a. Revising the entries for ‘‘6452’’ and
‘‘6452.2’’;
■ b. Removing the entry for ‘‘6452.4’’;
■ c. Adding a table entry titled ‘‘Title 3
(Food and Agriculture), Division 6
(Pesticides and Pest Control
Operations), Chapter 3 (Pest Control
Operations), Subchapter 1 (Licensing),
Article 5 (Agricultural Pest Control
Adviser Licenses)’’ after the entry for
‘‘6452.3’’; and under it, adding an entry
for ‘‘6558’’;
■
§ 52.220a
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Identification of plan—partial.
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(c) * * *
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TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1
State citation
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Title/Subject
*
State effective date
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EPA Approval date
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Additional explanation
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Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 2 (Pesticides), Subchapter 4 (Restricted
Materials), Article 4 (Field Fumigant Use Requirements)
*
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Reduced Volatile Organic Compound
Emissions Field Fumigation Methods.
*
November 1, 2013
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*
81 FR 6481, February 8,
2016.
*
Amends previous version
of rule approved at 77
FR 65294 (October 26,
2012). Amended rule
adopted by the California Department of
Pesticide Regulation on
May 23, 2013. Submitted on February 4,
2015.
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6452.2 ......................
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6452 .........................
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Volatile Organic Compound Emission
Limits.
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November 1, 2013
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*
81 FR 6481, February 8,
2016.
*
Amends previous version
of rule approved at 77
FR 65294 (October 26,
2012). Amended rule
adopted by the California Department of
Pesticide Regulation on
May 23, 2013. Submitted on February 4,
2015.
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TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued
State citation
Title/Subject
State effective date
EPA Approval date
Additional explanation
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest Control Operations), Subchapter 1
(Licensing), Article 5 (Agricultural Pest Control Adviser Licenses)
6558 .........................
Recommendations for Use of Nonfumigants in the San Joaquin Valley
Ozone Nonattainment Area.
November 1, 2013
81 FR 6481, February 8,
2016.
Adopted by the California
Department of Pesticide
Regulation on May 23,
2013. Submitted on
February 4, 2015.
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest Control Operations), Subchapter 1
(Licensing), Article 6 (Pest Control Dealer Licenses)
6577 .........................
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Sales of Nonfumigants for Use in the
San Joaquin Valley Ozone Nonattainment Area.
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*
November 1, 2013
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81 FR 6481, February 8,
2016.
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Adopted by the California
Department of Pesticide
Regulation on May 23,
2013. Submitted on
February 4, 2015.
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Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 4 (Environmental Protection), Subchapter 2
(Air), Article 1 (Toxic Air Contaminants)
6864 .........................
Criteria for Identifying Pesticides as
Toxic Air Contaminants.
November 1, 2013
81 FR 6481, February 8,
2016.
Adopted by the California
Department of Pesticide
Regulation on May 23,
2013. Submitted on
February 4, 2015.
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 4 (Environmental Protection), Subchapter 2
(Air), Article 2 (Volatile Organic Compounds)
Criteria to Designate Low-Volatile Organic Compound (VOC) or High-VOC
Nonfumigant Pesticide Products.
November 1, 2013
September 20, 2016, [insert Federal Register
citation].
6881 .........................
Annual Volatile Organic Compound
Emissions Inventory Report.
November 1, 2013
September 20, 2016, [insert Federal Register
citation].
6883 .........................
Recommendation Requirements in the
San Joaquin Valley Ozone Nonattainment Area.
November 1, 2013
September 20, 2016, [insert Federal Register
citation].
6884 .........................
San Joaquin Valley Ozone Nonattainment Area Use Prohibitions.
November 1, 2013
September 20, 2016, [insert Federal Register
citation].
6886 .........................
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6880 .........................
Dealer Responsibilities for the San Joaquin Valley Ozone Nonattainment
Area.
November 1, 2013
September 20, 2016, [insert Federal Register
citation].
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1 Table
Adopted by the California
Department of Pesticide
Regulation on May 23,
2013. Submitted on
February 4, 2015.
Amends and renumbers
previous version of rule
approved at 77 FR
65294 (October 26,
2012) as 3 CCR
§ 6452.4. Amended and
renumbered rule adopted by the California Department of Pesticide
Regulation on May 23,
2013. Submitted on
February 4, 2015.
Adopted by the California
Department of Pesticide
Regulation on May 23,
2013. Submitted on
February 4, 2015.
Adopted by the California
Department of Pesticide
Regulation on May 23,
2013. Submitted on
February 4, 2015.
Adopted by the California
Department of Pesticide
Regulation on May 23,
2013. Submitted on
February 4, 2015.
*
1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists
approved California test procedures, test methods and specifications that are cited in certain regulations listed in table 1. Approved California
statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e).
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Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations
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[FR Doc. 2016–22499 Filed 9–19–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0011; FRL–9952–50–
Region 4]
Air Plan Approval; Tennessee;
Revision and Removal of Stage I and
II Gasoline Vapor Recovery Program
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the State Implementation Plan (SIP)
submitted by the State of Tennessee
through the Tennessee Department of
Environment and Conservation (TDEC),
for parallel processing on February 8,
2016, and in final form on July 15, 2016.
This SIP revision seeks to lower
applicability thresholds for certain
sources subject to Federal Stage I
requirements, remove the Stage II vapor
control requirements, and add
requirements for decommissioning
gasoline dispensing facilities, as well as
requirements for new and upgraded
gasoline dispensing facilities in the
Nashville, Tennessee Area. EPA has
determined that Tennessee’s July 15,
2016, SIP revision is approvable because
it is consistent with the Clean Air Act
(CAA or Act).
DATES: This rule will be effective
October 20, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2016–0011. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information 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 electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
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SUMMARY:
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contact the person listed in the FOR
section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kelly Sheckler, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Sheckler’s phone number is (404) 562–
9222. She can also be reached via
electronic mail at sheckler.kelly@
epa.gov.
SUPPLEMENTARY INFORMATION:
FURTHER INFORMATION CONTACT
I. Background
On July 15, 2016, Tennessee
submitted a SIP revision to EPA seeking
modifications of the Stage II and Stage
I requirements in the State. First, in
relation to Stage II, TDEC seeks the
removal of the Stage II vapor recovery
requirements from TAPCR 1200–3–18.24 through the addition of requirements
for decommissioning, and the phase out
of the Stage II vapor recovery systems
over a 3-year period from January 1,
2016, to January 1, 2019, in Davidson,
Rutherford, Sumner, Williamson and
Wilson Counties. Second, TDEC seeks to
amend the Stage I requirements for
gasoline dispensing facilities by
adopting by reference the federal
requirements of 40 CFR part 63, subpart
CCCCCC and removing most of the
State-specific language for Stage I vapor
recovery. EPA published a proposed
rulemaking through parallel processing
on June 1, 2016 (81 FR 34940), to
approve TDEC’s February 8, 2016, draft
SIP revision. The details of Tennessee’s
submittal and the rationale for EPA’s
action are explained in the proposed
rule. The comment period for this
proposed rulemaking closed on July 1,
2016. EPA did not receive any
comments, adverse or otherwise, related
to this rulemaking during the public
comment period.1 EPA noted in its June
1, 2016, proposed rulemaking that the
Agency would take final action based on
that proposed rulemaking only if no
substantive changes were made to
Tennessee’s submission when it was
provided to EPA in final form. On July
15, 2016, Tennessee provided its final
SIP revision for the aforementioned
changes and no substantive changes had
been made between the submission for
which EPA proposed approval and the
1 EPA received a comment unrelated to the
subject of this rulemaking. See the docket for
today’s rulemaking for this comment in its entirety.
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submission that TDEC provided in final
form on July 15, 2016.
II. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of TDEC Regulation TAPCR
1200–3–18–.24, entitled ‘‘Gasoline
Dispensing Facilities,’’ effective July 14,
2016. Therefore, these materials have
been approved by EPA for inclusion in
the State Implementation Plan, have
been incorporated by reference by EPA
into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of EPA’s approval, and
will be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.2
The EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 4 Office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
III. Final Action
EPA is taking final action to approve
Tennessee’s July 15, 2016, SIP revision
that changes Tennessee Gasoline
Dispensing Facilities, Stage I and II
Vapor Recovery, TAPCR rule 1200–03–
18–.24. to: (1) Allow for the removal of
the Stage II requirement and the orderly
decommissioning of Stage II equipment;
and (2) incorporate by reference Federal
rule 40 CFR part 63, subpart CCCCCC,
and remove certain non-state-specific
requirements for the Stage I. EPA has
determined that Tennessee’s July 15,
2016, SIP revision related to the State’s
Stage I and II rules is consistent with the
CAA and EPA’s regulations and
guidance.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 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 CAA. 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:
2 See
E:\FR\FM\20SER1.SGM
62 FR 27968 (May 22, 1997).
20SER1
]]>Agencies
[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Rules and Regulations]
[Pages 64350-64354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22499]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2015-0807; FRL-9951-19-Region 9]
Approval of California Air Plan Revisions, Department of
Pesticide Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action 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. The overall purpose of the new and revised
regulations is to restrict the use of certain nonfumigant pesticide
products applied to certain crops in the San Joaquin Valley ozone
nonattainment area when VOC emissions meet or exceed 95% of the 18.1
tons per day limit on VOC emissions, or 17.2 tons per day. The rules
establish limits on the sale and use of high-VOC formulations of
nonfumigant pesticide products that contain any of four specified
primary active ingredients for use on seven specified crops grown in
the San Joaquin Valley. We are approving these rules that regulate
these emission sources under the Clean Air Act (CAA or the Act).
DATES: These rules will be effective on October 20, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2015-0807. All documents in the docket are
listed on the https://www.regulations.gov Web site. 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 through https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
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. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On February 8, 2016 (81 FR 6481), the EPA proposed to approve the
following rules into the California SIP.
----------------------------------------------------------------------------------------------------------------
Adopted/
Local agency Rule # Rule title amended/ Submitted
revised
----------------------------------------------------------------------------------------------------------------
CDPR............................. 3 CCR 6452......... Reduced VOC Emissions 05/23/13 02/04/15
Field Fumigation
Methods.
CDPR............................. 3 CCR 6452.2....... VOC Emission Limits..... 05/23/13 02/04/15
CDPR............................. 3 CCR 6558......... Recommendations for Use 05/23/13 02/04/15
of Nonfumigants in the
San Joaquin Valley
(SJV) Ozone
Nonattainment Area
(NAA).
CDPR............................. 3 CCR 6577......... Sales of Nonfumigants 05/23/13 02/04/15
for Use in the SJV
Ozone NAA.
CDPR............................. 3 CCR 6864......... Criteria for Identifying 05/23/13 02/04/15
Pesticides as Toxic Air
Contaminants.
[[Page 64351]]
CDPR............................. 3 CCR 6880......... Criteria to Designate 05/23/13 02/04/15
Low-VOC or High-VOC
Nonfumigant Pesticide
Products.
CDPR............................. 3 CCR 6881......... Annual VOC Emissions 05/23/13 02/04/15
Inventory Report.
CDPR............................. 3 CCR 6883......... Recommendation 05/23/13 02/04/15
Requirements in the SJV
Ozone NAA.
CDPR............................. 3 CCR 6884......... SJV Ozone NAA Use 05/23/13 02/04/15
Prohibitions.
CDPR............................. 3 CCR 6886......... Dealer Responsibilities 05/23/13 02/04/15
for the SJV Ozone NAA.
----------------------------------------------------------------------------------------------------------------
The overall purpose of the new and revised regulations is to
restrict the use of certain nonfumigant pesticide products applied to
certain crops in the San Joaquin Valley ozone nonattainment area 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. We
proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment.\1\ The commenter supported
EPA approval of these rules because they are in line with California's
efforts to reduce smog and improve the health of the environment, which
improves the quality of life of its residents.
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\1\ See https://www.regulations.gov; Docket ID ``EPA-R09-OAR-
2015-0807-0076.''
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III. EPA Action
No adverse comments were submitted. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving these rules
into the California SIP.
IV. 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 incorporation by reference of the
California rules described in the amendments to 40 CFR part 52 set
forth below. Therefore, these materials have been approved by EPA for
inclusion in the State Implementation Plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference by
the Director of the Federal Register in the next update to the SIP
compilation.\2\ The EPA has made, and will continue to make, these
documents available through www.regulations.gov and at the EPA Region
IX Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
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V. 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 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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, 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, 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).
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. The 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
[[Page 64352]]
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 November 21, 2016. 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. 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: August 9, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220a in paragraph (c), table 1, is amended by:
0
a. Revising the entries for ``6452'' and ``6452.2'';
0
b. Removing the entry for ``6452.4'';
0
c. Adding a table entry titled ``Title 3 (Food and Agriculture),
Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest
Control Operations), Subchapter 1 (Licensing), Article 5 (Agricultural
Pest Control Adviser Licenses)'' after the entry for ``6452.3''; and
under it, adding an entry for ``6558'';
0
d. Adding a table entry titled ``Title 3 (Food and Agriculture),
Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest
Control Operations), Subchapter 1 (Licensing), Article 6 (Pest Control
Dealer Licenses)'' after the new entry ``6558''; and under it, adding
an entry for ``6577'';
0
e. Adding a table entry titled ``Title 3 (Food and Agriculture),
Division 6 (Pesticides and Pest Control Operations), Chapter 4
(Environmental Protection), Subchapter 2 (Air), Article 1 (Toxic Air
Contaminants)'' after the entry ``6626''; and under it, adding an entry
for ``6864''; and
0
f. Adding a table entry titled ``Title 3 (Food and Agriculture),
Division 6 (Pesticides and Pest Control Operations), Chapter 4
(Environmental Protection), Subchapter 2 (Air), Article 2 (Volatile
Organic Compounds)'' after the new entry ``6864''; and under it, adding
entries for ``6880'', ``6881'', ``6883'', ``6884'', and ``6886''.
The additions and revisions read as follows:
Sec. 52.220a Identification of plan--partial.
* * * * *
(c) * * *
Table 1--EPA-Approved Statutes and State Regulations \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
State effective
State citation Title/Subject date EPA Approval date Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 2 (Pesticides), Subchapter 4 (Restricted Materials),
Article 4 (Field Fumigant Use Requirements)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
6452............................ Reduced Volatile Organic November 1, 2013.. 81 FR 6481, February 8, 2016....... Amends previous version of rule
Compound Emissions approved at 77 FR 65294 (October
Field Fumigation 26, 2012). Amended rule adopted by
Methods. the California Department of
Pesticide Regulation on May 23,
2013. Submitted on February 4,
2015.
* * * * * * *
6452.2.......................... Volatile Organic November 1, 2013.. 81 FR 6481, February 8, 2016....... Amends previous version of rule
Compound Emission approved at 77 FR 65294 (October
Limits. 26, 2012). Amended rule adopted by
the California Department of
Pesticide Regulation on May 23,
2013. Submitted on February 4,
2015.
* * * * * * *
[[Page 64353]]
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Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest Control Operations), Subchapter 1 (Licensing),
Article 5 (Agricultural Pest Control Adviser Licenses)
--------------------------------------------------------------------------------------------------------------------------------------------------------
6558............................ Recommendations for Use November 1, 2013.. 81 FR 6481, February 8, 2016....... Adopted by the California
of Nonfumigants in the Department of Pesticide Regulation
San Joaquin Valley on May 23, 2013. Submitted on
Ozone Nonattainment February 4, 2015.
Area.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest Control Operations), Subchapter 1 (Licensing),
Article 6 (Pest Control Dealer Licenses)
--------------------------------------------------------------------------------------------------------------------------------------------------------
6577............................ Sales of Nonfumigants November 1, 2013.. 81 FR 6481, February 8, 2016....... Adopted by the California
for Use in the San Department of Pesticide Regulation
Joaquin Valley Ozone on May 23, 2013. Submitted on
Nonattainment Area. February 4, 2015.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 4 (Environmental Protection), Subchapter 2 (Air), Article 1
(Toxic Air Contaminants)
--------------------------------------------------------------------------------------------------------------------------------------------------------
6864............................ Criteria for Identifying November 1, 2013.. 81 FR 6481, February 8, 2016....... Adopted by the California
Pesticides as Toxic Air Department of Pesticide Regulation
Contaminants. on May 23, 2013. Submitted on
February 4, 2015.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 4 (Environmental Protection), Subchapter 2 (Air), Article 2
(Volatile Organic Compounds)
--------------------------------------------------------------------------------------------------------------------------------------------------------
6880............................ Criteria to Designate November 1, 2013.. September 20, 2016, [insert Federal Adopted by the California
Low-Volatile Organic Register citation]. Department of Pesticide Regulation
Compound (VOC) or High- on May 23, 2013. Submitted on
VOC Nonfumigant February 4, 2015.
Pesticide Products.
6881............................ Annual Volatile Organic November 1, 2013.. September 20, 2016, [insert Federal Amends and renumbers previous
Compound Emissions Register citation]. version of rule approved at 77 FR
Inventory Report. 65294 (October 26, 2012) as 3 CCR
Sec. 6452.4. Amended and
renumbered rule adopted by the
California Department of Pesticide
Regulation on May 23, 2013.
Submitted on February 4, 2015.
6883............................ Recommendation November 1, 2013.. September 20, 2016, [insert Federal Adopted by the California
Requirements in the San Register citation]. Department of Pesticide Regulation
Joaquin Valley Ozone on May 23, 2013. Submitted on
Nonattainment Area. February 4, 2015.
6884............................ San Joaquin Valley Ozone November 1, 2013.. September 20, 2016, [insert Federal Adopted by the California
Nonattainment Area Use Register citation]. Department of Pesticide Regulation
Prohibitions. on May 23, 2013. Submitted on
February 4, 2015.
6886............................ Dealer Responsibilities November 1, 2013.. September 20, 2016, [insert Federal Adopted by the California
for the San Joaquin Register citation]. Department of Pesticide Regulation
Valley Ozone on May 23, 2013. Submitted on
Nonattainment Area. February 4, 2015.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists
approved California test procedures, test methods and specifications that are cited in certain regulations listed in table 1. Approved California
statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e).
[[Page 64354]]
* * * * *
[FR Doc. 2016-22499 Filed 9-19-16; 8:45 am]
BILLING CODE 6560-50-P
