[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Rules and Regulations]
[Pages 64350-64354]
[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 http://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 http://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<EMAIL_ADDRESS>
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.

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 http://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).
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    \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

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\
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                                                              State effective
         State citation                 Title/Subject              date                  EPA Approval date                  Additional explanation
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                                                                      * * * * * * *
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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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                                                                      * * * * * * *
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.
                                                                      * * * * * * *

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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.
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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 6 (Pest Control Dealer Licenses)
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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.

                                                                      * * * * * * *
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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)
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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.
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Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 4 (Environmental Protection), Subchapter 2 (Air), Article 2
                                                              (Volatile Organic Compounds)
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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.

                                                                      * * * * * * *
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\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).

* * * * *
[FR Doc. 2016-22499 Filed 9-19-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: October 11, 2006 (Volume 71, Number 196)]
[Notices]
[Page 59758-59759]
[DOCID:fr11oc06-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP05-13-001]

Ingleside Energy Center LLC; Notice of Application To Amend
Authorization

October 4, 2006.
    Take notice that on September 26, 2006, Ingleside Energy Center LLC
(IEC), 5 Greenway Plaza, Suite 1600, Houston, Texas 77046, filed in
Docket No. CP05-13-001, an abbreviated application pursuant to section
3 of the Natural Gas Act (NGA) and parts 153 and 380 of the
Commission's Regulations, for an amendment to its authorizations
granted in Docket No. CP05-13-000 on July 22, 2005. Specifically, IEC
is seeking approval for: (i) Full containment LNG storage tank
structures rather than double containment tank structures; and (ii)
related and conforming changes associated with the change in tank
configuration approved in the July 22 Order. IEC also seeks approval
for the incorporation of an off-loading dock to be used during
construction. This filing is available for review at the Commission in
the Public Reference Room or may be viewed on the web at http://www.ferc.gov
 using the ``eLibrary'' link. Enter the docket number

excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,

(202) 502-8659.
    Any questions regarding this application should be directed to
Lawrence G. Acker, LeBoeuf, Lamb, Greene & MacRae, L.L.P., 1875
Connecticut Avenue, NW., Suite 1200 Washington, DC 20009-5728, or call
(202) 986-8000 or fax<PHONE_NUMBER>.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888

First Street, NE., Washington, DC 20426, a motion to intervene in
accordance with the requirements of the Commission's Rules of Practice
and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the
NGA (18 CFR 157.10). A person obtaining party status will be placed on
the service list maintained by the Secretary of the Commission and will
receive copies of all documents filed by the applicant and by all other
parties. A party must submit 14 copies of filings made with the
Commission and must mail a copy to the applicant and to every other
party in the proceeding. Only parties to the proceeding can ask for
court review of Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments
protests and interventions via the Internet in lieu of paper. See 18
CFR 385.2001(a) (1)(iii) and the instructions on the Commission's Web
(http://www.ferc.gov) site under the ``e-Filing'' link.

    Comment Date: 5 p.m. eastern time on October 25, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-16802 Filed 10-10-06; 8:45 am]

BILLING CODE 6717-01-P