Withdrawal of Direct Final Rule

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Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Rules and Regulations

California

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(6) The following requirements are
contained in Santa Barbara County Air
Pollution Control District Requirements
Applicable to OCS Sources:
Rule 102 Definitions (Adopted 06/21/12)
Rule 103 Severability (Adopted 10/23/78)
Rule 106 Notice To Comply for Minor
Violations (Repealed 01/01/2001)
Rule 107 Emergencies (Adopted 04/19/01)
Rule 201 Permits Required (Adopted 06/19/
08)
Rule 202 Exemptions to Rule 201 (Adopted
06/21/12)
Rule 203 Transfer (Adopted 04/17/97)
Rule 204 Applications (Adopted 04/17/97)
Rule 205 Standards for Granting Permits
(Adopted 04/17/97)
Rule 206 Conditional Approval of
Authority To Construct or Permit To
Operate (Adopted 10/15/91)
Rule 207 Denial of Application (Adopted
10/23/78)
Rule 210 Fees (Adopted 03/17/05)
Rule 212 Emission Statements (Adopted 10/
20/92)
Rule 301 Circumvention (Adopted 10/23/
78)
Rule 302 Visible Emissions (Adopted 10/
23/78)
Rule 304 Particulate Matter-Northern Zone
(Adopted 10/23/78)
Rule 305 Particulate Matter ConcentrationSouthern Zone (Adopted 10/23/78)
Rule 306 Dust and Fumes-Northern Zone
(Adopted 10/23/78)
Rule 307 Particulate Matter Emission
Weight Rate-Southern Zone (Adopted 10/
23/78)
Rule 308 Incinerator Burning (Adopted 10/
23/78)
Rule 309 Specific Contaminants (Adopted
10/23/78)
Rule 310 Odorous Organic Sulfides
(Adopted 10/23/78)
Rule 311 Sulfur Content of Fuels (Adopted
10/23/78)
Rule 312 Open Fires (Adopted 10/02/90)
Rule 316 Storage and Transfer of Gasoline
(Adopted 01/15/09)
Rule 317 Organic Solvents (Adopted 10/23/
78)
Rule 318 Vacuum Producing Devices or
Systems-Southern Zone (Adopted 10/23/
78)
Rule 321 Solvent Cleaning Operations
(Adopted 06/21/12)
Rule 322 Metal Surface Coating Thinner
and Reducer (Adopted 10/23/78)
Rule 323 Architectural Coatings (Adopted
11/15/01)
Rule 324 Disposal and Evaporation of
Solvents (Adopted 10/23/78)
Rule 325 Crude Oil Production and
Separation (Adopted 07/19/01)
Rule 326 Storage of Reactive Organic
Compound Liquids (Adopted 01/18/01)
Rule 327 Organic Liquid Cargo Tank Vessel
Loading (Adopted 12/16/85)
Rule 328 Continuous Emission Monitoring
(Adopted 10/23/78)
Rule 330 Surface Coating of Metal Parts and
Products (Adopted 06/21/12)

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Rule 331 Fugitive Emissions Inspection and
Maintenance (Adopted 12/10/91)
Rule 332 Petroleum Refinery Vacuum
Producing Systems, Wastewater Separators
and Process Turnarounds (Adopted 06/11/
79)
Rule 333 Control of Emissions From
Reciprocating Internal Combustion Engines
(Adopted 06/19/08)
Rule 342 Control of Oxides of Nitrogen
(NOX) From Boilers, Steam Generators and
Process Heaters) (Adopted 04/17/97)
Rule 343 Petroleum Storage Tank Degassing
(Adopted 12/14/93)
Rule 344 Petroleum Sumps, Pits, and Well
Cellars (Adopted 11/10/94)
Rule 346 Loading of Organic Liquid Cargo
Vessels (Adopted 01/18/01)
Rule 349 Polyester Resin Operations
(Adopted 06/21/12)
Rule 352 Natural Gas-Fired Fan-Type
Central Furnaces and Residential Water
Heaters (Adopted 10/20/11)
Rule 353 Adhesives and Sealants (Adopted
06/21/12)
Rule 359 Flares and Thermal Oxidizers
(Adopted 06/28/94)
Rule 360 Emissions of Oxides of Nitrogen
From Large Water Heaters and Small
Boilers (Adopted 10/17/02)
Rule 361 Small Boilers, Steam Generators,
and Process Heaters (Adopted 01/17/08)
Rule 370 Potential To Emit—Limitations for
Part 70 Sources (Adopted 06/15/95)
Rule 505 Breakdown Conditions Sections
A.,B.1,. and D. only (Adopted 10/23/78)
Rule 603 Emergency Episode Plans
(Adopted 06/15/81)
Rule 702 General Conformity (Adopted 10/
20/94)
Rule 801 New Source Review (Adopted 04/
17/97)
Rule 802 Nonattainment Review (Adopted
04/17/97)
Rule 803 Prevention of Significant
Deterioration (Adopted 04/17/97)
Rule 804 Emission Offsets (Adopted 04/17/
97)
Rule 805 Air Quality Impact Analysis and
Modeling (Adopted 04/17/97)
Rule 808 New Source Review for Major
Sources of Hazardous Air Pollutants
(Adopted 05/20/99)
Rule 1301 Part 70 Operating Permits—
General Information (Adopted 06/19/03)
Rule 1302 Part 70 Operating Permits—
Permit Application (Adopted 11/09/93)
Rule 1303 Part 70 Operating Permits—
Permits (Adopted 11/09/93)
Rule 1304 Part 70 Operating Permits—
Issuance, Renewal, Modification and
Reopening (Adopted 11/09/93)
Rule 1305 Part 70 Operating Permits—
Enforcement (Adopted 11/09/93)

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[FR Doc. 2012–29413 Filed 12–5–12; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2012–0223; FRL– 9758–8]

Regulation of Fuels and Fuel
Additives: Modifications to Renewable
Fuel Standard and Diesel Sulfur
Programs
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:

EPA published a direct final
rule on October 9, 2012 to amend the
definition of heating oil in 40 CFR
80.1401 in the Renewable Fuel Standard
(‘‘RFS’’) program under section 211(o) of
the Clean Air Act. The direct final rule
also amended requirements under EPA’s
diesel sulfur program related to the
sulfur content of locomotive and marine
diesel fuel produced by transmix
processors, and the fuel marker
requirements for 500 ppm sulfur
locomotive and marine (LM) diesel fuel
to allow for solvent yellow 124 marker
to transition out of the distribution
system. Because EPA received adverse
comments on the heating oil definition
and transmix amendments, we are
withdrawing those portions of the direct
final rule. Because EPA did not receive
adverse comments with respect to the
yellow marker amendments, those
amendments will become effective as
indicated in the direct final rule.
DATES: Effective December 6, 2012, EPA
withdraws the amendments to 40 CFR
80.511, 80.513, 80.572, 80.597, 80.1401,
80.1450, 80.1451, 80.1453, 80.1454, and
80.1460 published at 77 FR 61281
(October 9, 2012). Because EPA did not
receive adverse comments with respect
to the amendments to 40 CFR 80.510,
80.598, 80.610, and 80.1426, those
amendments will become effective on
December 10, 2012, as indicated in the
direct final rule.
FOR FURTHER INFORMATION CONTACT:
Kristien Knapp, Office of Transportation
and Air Quality, Mail Code: 6405J, U.S.
Environmental Protection Agency, 1200
Pennsylvania Avenue NW., 20460;
telephone number: (202) 343–9949; fax
number: (202) 343–2800; email address:
[email protected].
SUPPLEMENTARY INFORMATION: EPA
published a direct final rule on October
9, 2012 (77 FR 61281) to amend
provisions in the renewable fuel
standard (RFS) and diesel sulfur fuel
programs. The RFS amendment would
have changed the definition of home
heating oil. The diesel sulfur
amendments would have provided
SUMMARY:

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Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Rules and Regulations
additional flexibility for transmix
processors who produce locomotive and
marine diesel fuel, and allowed solvent
yellow 124 marker to transition out of
the distribution system. We stated in the
direct final rule that if EPA received
timely adverse comment or a hearing
request on the rule or any specific
portion of the rule, we would publish a
withdrawal of the rule or a specific
portion of the rule in the Federal
Register informing the public that the
rule or portions of the rule with adverse
comment will not take effect. We
subsequently received adverse comment
on the RFS heating oil amendments and
the diesel transmix amendments. We
did not receive adverse comment on the
yellow marker amendments to 40 CFR
80.510, 80.598, 80.610, or the RFS
requirement for RIN generation, as
amended in 40 CFR 80.1426. Therefore,
EPA is withdrawing the direct final rule
with respect to the RFS heating oil
amendments and the diesel sulfur
transmix amendments, but leaving in
place the direct final rule with respect
to 40 CFR 80.510, 80.598, 80.610, and
80.1426. Those regulatory amendments
will take effect on December 10, 2012.
EPA intends to address all comments
received on the RFS heating oil and
diesel transmix amendments in
subsequent final actions, which will be
based on the parallel proposed rule also
published on October 9, 2012 (77 FR
61313). As stated in the direct final rule
and the parallel proposed rule, we will
not institute a second comment period
on this action.
Dated: November 30, 2012.
Lisa P. Jackson,
Administrator.

Accordingly, the regulatory
amendments to 40 CFR 80.511, 80.513,
80.572, 80.597, 80.1401, 80.1450,
80.1451, 80.1453, 80.1454, and 80.1460
published on October 9, 2012 (77 FR
61281) are withdrawn. The regulatory
amendments to 40 CFR 80.510, 80.598,
80.610, and 80.1426 will take effect on
December 10, 2012.
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ENVIRONMENTAL PROTECTION
AGENCY

72747

(703) 305–7990; email address:
[email protected].
SUPPLEMENTARY INFORMATION:

40 CFR Part 180

I. General Information
[EPA–HQ–OPP–2012–0106; FRL–9369–2]

A. Does this action apply to me?

Alkyl(C8-C18)
dimethylamidopropylamines;
Exemption From the Requirement of a
Tolerance

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).

Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:

This regulation establishes an
exemption from the requirement of a
tolerance for residues of the N-alkyl(C8C18) dimethylamidopropylamines where
the alkyl group is linear and may be
saturated and/or unsaturated when used
as an inert ingredient at levels not to
exceed 20% in herbicide formulations
applied to growing crops. Dow
AgroSciences, LLC, submitted a petition
to EPA under the Federal Food, Drug,
and Cosmetic Act (FFDCA), requesting
establishment of an exemption from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of the N-alkyl(C8-C18)
dimethylamidopropylamines.
SUMMARY:

This regulation is effective
December 6, 2012. Objections and
requests for hearings must be received
on or before February 4, 2013, 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–2012–0106, 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:
William Cutchin, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
DATES:

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B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at http://
ecfr.gpoaccess.gov/cgi/t/text/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–2012–0106 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 February 4, 2013. 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 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 nonCBI copy of your objection or hearing
request, identified by docket ID number

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