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Federal Register / Vol. 72, No.

246 / Wednesday, December 26, 2007 / Rules and Regulations 72955

not have substantial direct effects on the VCS in place of a State Plan submission Subpart Q—Iowa
States, on the relationship between the that otherwise satisfies the provisions of
national government and the States, or the CAA. Thus, the requirements of ■ 2. Subpart Q is amended by adding an
on the distribution of power and section 12(d) of the National undesignated center heading and
responsibilities among the various Technology Transfer and Advancement § 62.3918 to read as follows:
levels of government, as specified in Act of 1995 (15 U.S.C. 272 note) do not Mercury Emissions From Coal-Fired
Executive Order 13132 (64 FR 43255, apply. This rule does not impose an Electric Steam Generating Units
August 10, 1999). This action merely information collection burden under the
approves a State rule implementing a provisions of the Paperwork Reduction § 62.3918 Identification of Plan.
Federal standard. It does not alter the (a) Identification of plan. Section
Act of 1995 (44 U.S.C. 3501, et seq.).
relationship or the distribution of power 111(d) plan and associated State
and responsibilities established in the The Congressional Review Act, 5 regulations as adopted in the Iowa
CAA. This action also is not subject to U.S.C. 801, et seq., as added by the Administrative Bulletin on June 7, 2006,
Executive Order 13045 ‘‘Protection of Small Business Regulatory Enforcement page 1811 and associated amendments
Children from Environmental Health Fairness Act of 1996, generally provides on February 28, 2007, page 1157.
Risks and Safety Risks’’ (62 FR 19885, that before a rule may take effect, the (b) Identification of sources. The plan
April 23, 1997), because it approves a agency promulgating the rule must applies to all new and existing mercury
State rule implementing a Federal submit a rule report, which includes a budget units meeting the applicability
standard. copy of the rule, to each House of the requirements in Iowa’s State rule 567–
Executive Order 12898, ‘‘Federal Congress and to the Comptroller General 34.301.
Actions to Address Environmental of the United States. EPA will submit a (c) Effective date. The effective date
Justice in Minority Populations and report containing this rule and other for the portion of the plan applicable to
Low-Income Populations,’’ requires required information to the U.S. Senate, mercury budget units as described in
Federal agencies to consider the impact Iowa State rule 567–34.301 is January
the U.S. House of Representatives, and
of programs, policies, and activities on 25, 2008.
the Comptroller General of the United
minority populations and low-income [FR Doc. E7–24962 Filed 12–21–07; 8:45 am]
populations. EPA guidance 1 states that States prior to publication of the rule in
EPA is to assess whether minority or the Federal Register. A major rule BILLING CODE 6560–50–P

low-income populations face risk or a cannot take effect until 60 days after it
rate of exposure to hazards that is is published in the Federal Register.
This action is not a ‘‘major rule’’ as ENVIRONMENTAL PROTECTION
significant and that ‘‘appreciably AGENCY
exceed[s] or is likely to appreciably defined by 5 U.S.C. 804(2).
exceed the risk or rate to the general Under section 307(b)(1) of the CAA, 40 CFR Part 89
population or to the appropriate petitions for judicial review of this [EPA–HQ–OAR–2007–0652; FRL–8509–9]
comparison group.’’ (EPA, 1998) action must be filed in the United States
Because this rule merely approves a Court of Appeals for the appropriate RIN 2060–A037
state rule implementing the Federal circuit by February 25, 2008. Filing a
standard established by CAMR, EPA petition for reconsideration by the Partial Removal of Direct Final Rule
lacks the discretionary authority to and Revision of the Nonroad Diesel
Administrator of this final rule does not
modify today’s regulatory decision on Technical Amendments and Tier 3
affect the finality of this rule for the
the basis of environmental justice Technical Relief Provision
purposes of judicial review nor does it
considerations. However, EPA has AGENCY: Environmental Protection
extend the time within which a petition
already considered the impact of CAMR,
for judicial review may be filed, and Agency (EPA).
including this Federal standard, on
minority and low-income populations. shall not postpone the effectiveness of ACTION: Final rule; partial removal;
In the context of EPA’s CAMR such rule or action. This action may not revision.
published in the Federal Register on be challenged later in proceedings to
enforce its requirements. (See section SUMMARY: Because EPA received
May 18, 2005, in accordance with adverse comment, we are making a
Executive Order 12898, the Agency has 307(b)(2).)
partial withdrawal and revision of the
considered whether CAMR may have List of Subjects in Part 62 direct final rule for ‘‘Nonroad Diesel
disproportionate negative impacts on Technical Amendments and Tier 3
minority or low income populations and Environmental protection, Air Technical Relief Provision’’ published
determined it would not. pollution control, Electric utilities, on September 18, 2007.
In reviewing State Plan submissions, Intergovernmental relations, Mercury, DATES: This rule and partial withdrawal
EPA’s role is to approve State choices, Reporting and recordkeeping.
provided that they meet the criteria of are effective December 26, 2007.
the CAA. In this context, in the absence Dated: December 14, 2007. FOR FURTHER INFORMATION CONTACT:
of a prior existing requirement for the John B. Askew, Zuimdie Guerra, Assessment and
State to use voluntary consensus Regional Administrator, Region 7. Standards Division, Office of
standards (VCS), EPA has no authority Transportation and Air Quality, 2000
to disapprove a State Plan for failure to ■ Chapter I, title 40 of the Code of Traverwood Drive, Ann Arbor, MI,
use VCS. It would thus be inconsistent Federal Regulations is amended as 48105; telephone number: (734) 214–
with applicable law for EPA, when it follows: 4387; fax number: (734) 214–4050; e-
reviews a State Plan submission, to use mail address: guerra.zuimdie@epa.gov.
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PART 62—[AMENDED] SUPPLEMENTARY INFORMATION: On


1 U.S. Environmental Protection Agency, 1998. September 18, 2007 EPA published a
Guidance for Incorporating Environmental Justice ■ 1. The authority citation for part 62 direct final rule for ‘‘Nonroad Diesel
Concerns in EPA’s NEPA Compliance Analyses. continues to read as follows:
Office of Federal Activities, Washington, DC, April, Technical Amendments and Tier 3
1998. Authority: 42 U.S.C. 7401, et seq. Technical Relief Provision’’ (72 FR

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72956 Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 / Rules and Regulations

53118). We stated in that direct final reconcile their Tier 3 and Tier 4 relief (2) To apply for exemptions under
rule that if we received adverse needs. this paragraph (i), send the Designated
comment by October 18, 2007, we Compliance Officer and the Designated
List of Subjects in 40 CFR Part 89
would publish a timely withdrawal in Enforcement Officer a written request as
the Federal Register. EPA subsequently Environmental protection, soon as possible before you are in
received adverse comments to Tier 3 Administrative practice and procedure, violation. In your request, include the
technical relief provision in 40 CFR Air pollution control, Confidential following information:
89.102(i) through (m). Although we business information, Imports, (i) Describe your process for designing
were not able to accomplish this action Penalties, Reporting and recordkeeping equipment.
prior to the effective date of the direct requirements, Warranties. (ii) Describe how you normally work
final rule, we are now, in light of the Dated: December 17, 2007. cooperatively or concurrently with your
adverse comment, withdrawing the Stephen L. Johnson, engine supplier to design products.
direct final rule’s revisions to 40 CFR (iii) Describe the engineering or
Administrator.
89.102 paragraphs (i) through (m). The technical problems causing you to
other provisions of the the direct final ■ For the reasons set forth in the request the exemption and explain why
rule are not affected by this partial preamble, title 40, chapter I of the Code you have not been able to solve them.
withdrawal and are incorporated into of Federal Regulations is amended as Describe the extreme and unusual
the Federal Register as of the effective follows: circumstances that led to these
date of November 18, 2007 direct final problems and explain how they were
action. PART 89—CONTROL OF EMISSIONS unavoidable.
Concurrent with the direct final rule, FROM NEW AND IN-USE NONROAD (iv) Describe any information or
we published a separate notice of COMPRESSION-IGNITION ENGINES products you received from your engine
proposed rulemaking, to provide for the ■ 1. The authority citation for part 89 is supplier related to equipment design—
contingency of adverse comments on continues to read as follows: such as written specifications,
the DFR. (72 FR 53294). We are now performance data, or prototype
Authority: 42 U.S.C. 7401–7671q.
issuing a final rule based on the notice engines—and when you received it.
of proposed rulemaking and on Subpart B—[Amended] (v) Compare the design processes of
comments received. Notice and an the equipment model for which you
opportunity for additional comment on ■ 2. Section 89.102 is amended by need additional exemptions and that for
the withdrawal of the direct final rule is revising paragraph (i) and removing other models for which you do not need
unnecessary, within the meaning of 5 paragraphs (j) through (m). additional exemptions. Explain the
U.S.C. 553(b)(B). EPA has a legal The revison reads as follows: technical differences that justify your
obligation to withdraw those portions of request.
the direct final rule that were subject to § 89.102 Effective dates, optional (vi) Describe your efforts to find and
adverse comments[j1]. In addition, by inclusion, flexibility for equipment
use other compliant engines, or
manufacturers.
its terms, the direct final rule would otherwise explain why none is
become effective only in the absence of * * * * * available.
adverse comment. (i) Additional exemptions for (vii) Describe the steps you have taken
[j2] In today’s final rule, EPA is
technical or engineering hardship. You to minimize the scope of your request.
adopting the technical relief provisions may request additional engine (viii) Include other relevant
originally proposed as 40 CFR 89.102 allowances under paragraph (d)(1) of information. You must give us other
paragraphs (i) through (m), including a this section for 56–560 kW power relevant information if we ask for it.
variety of modifications to address the categories or, if you are a small (ix) Estimate the increased percent of
comments received. The main comment equipment manufacturer, under production you need for each
EPA received was to correct an paragraph (d)(2) of this section for equipment model covered by your
inappropriate cross-reference in the rule engines at or above 37 and below 75 request, as described in paragraph (i)(3)
language, and this final rule corrects kW. However, you may use these extra of this section. Estimate the increased
this inadvertent drafting error as the allowances only for those equipment number of allowances you need for each
commenter properly suggested. We models for which you, or an affiliated equipment model covered by your
made the changes the commenter company, do not also produce the request, as described in paragraph (i)(4)
properly suggested. The provision on engine. After considering the of this section.
technical relief is now found in circumstances, we may permit you to (3) We may approve your request to
paragraph (i) exclusively. introduce into U.S. commerce increase the allowances under
We responded to comments that did equipment with such engines that do paragraph (d)(1) of this section, subject
not require changes to the rule in a not comply with Tier 3 emission to the following limitations:
memo to the docket. One concern of the standards, as follows: (i) The additional allowances will not
commenter was that manufacturers may (1) We may approve additional exceed 50 percent for each power
ask for more relief than is needed. The exemptions if extreme and unusual category.
rule is clear that the Agency is not circumstances that are clearly outside (ii) You must use up the allowances
obligated to provide any amount of your control and that could not have under paragraph (d)(1) of this section
technical relief if the Agency is not been avoided with reasonable discretion before using any additional allowance
convinced of the need for it. The other have resulted in technical or under this paragraph (i).
concern of the commenter was that engineering problems that prevent you (iii) Any allowances we approve
manufacturers that use the Tier 3 from meeting the requirements of this under this paragraph (i)(3) expire 24
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technical relief may request additional part. You must show that you exercised months after the provisions of this
relief for Tier 4 equipment. prudent planning and have taken all section start for a given power category.
Manufacturers are aware of this reasonable steps to minimize the scope You may use these allowances only for
provision in advance of Tier 4 so of your request for additional the specific equipment models covered
manufacturers should be able to allowances. by your request.

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Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 / Rules and Regulations 72957

(4) We may approve your request to (6) The following provisions for (iii) Because the Tier 3 and Tier 4
increase the allowances for the 37–75 adjusted flexibilities for Tier 4 engines rules have different power category
kW power category under paragraph apply to equipment manufacturers that ranges, the availability of technical
(d)(2) of this section, subject to the are granted additional exemptions for relief will be further adjusted based on
following limitations: technical or engineering hardship: the sales volume by power category.
(i) You are eligible for additional (i) If you use the additional allowance Table 2 of this section shows the
allowances under this paragraph (i)(4) under this paragraph (i) you shall forfeit applicable power categories for Tier 3
only if you are a small equipment percent of production flexibility plus and Tier 4. The Tier 3 power categories
manufacturer and you do not use the technical or engineering hardship
of 37kW to 75kW and 75kW to 130kW
provisions of paragraph (i)(3) of this exemptions available for Tier 4 engines
correspond to the Tier 4 power category
section to obtain additional allowances in the amounts shown in Table 1 of this
for the 37–75 kW power category. section. of 56kW to 130kW. For the Tier 3
(ii) You must use up all the available (ii) Table 1 of this section shows the equipment in the 37 to 75kW category,
allowances for the 37–75 kW power percent of production flexibility and you must only use the sales volume for
category under paragraph (d)(2) of this technical or engineering hardship equipment that uses engines with a
section in a given year before using any exemptions that you must forfeit for rated power greater than 56kW. For
additional allowances under this Tier 4 engines. The amount of Tier 4 example, if you have a Tier 3 piece of
paragraph (i)(4). flexibility forfeited by each equipment equipment that uses a 40 kW engine, the
(iii) Base your request only on manufacturer depends on the percent of sales of the equipment are counted in
equipment you produce with engines at production flexibility used for Tier 2 the Tier 4 power category of 19kW to
or above 37 kW and below 75 kW. You engines and the technical or engineering 56kW. If you have a Tier 3 piece of
may use any additional allowances only hardship exemptions granted for Tier 3 equipment that uses a 60kW engine, the
for equipment you produce with engines in the proportions shown in sales of the equipment are counted in
engines at or above 37 kW and below 75 Table 1. For example, if you used 45 the Tier 4 power category of 56kW to
kW. percent of your production flexibility 130kW. The Tier 3 power categories of
(iv) Any allowances we approve for Tier 2 engines, you must forfeit 2 130kW to 225kW, 225kW to 450kW and
under this paragraph (i)(4) expire 24 percent of your production flexibility 450kW to 560kW correspond to the Tier
months after the provisions of this for Tier 4 engines for every 1 percent of
section start for this power category. 4 power category of 130kW to 560kW.
technical or engineering hardship
These additional allowances are not You will need to sum the sales of the
flexibility granted for Tier 3 engines. In
subject to the annual limits specified in Tier 3 power categories that correspond
addition you must also forfeit 1 percent
paragraph (d)(2) of this section. You to the Tier 4 power category during each
of any technical or engineering hardship
may use these allowances only for the exemptions available for Tier 4 engines calendar year in which Tier 3 technical
specific equipment models covered by for every 1 percent technical or relief is used. The sum of all the Tier 3
your request. engineering hardship exemptions units that are produced and exempted
(v) The total allowances under available for Tier 3 engines. If you use by the technical relief divided by the
paragraph (d)(2) of this section for the the Tier 3 technical or engineering sum of all the Tier 3 units sold in the
37–75 kW power category will not hardship allowances for 5 percent of corresponding Tier 4 power category
exceed 700 units. The total allowances your equipment in each of two different will determine the percentage of Tier 4
under this paragraph (i)(4) follow the years, you have used a total allowance flexibility affected. For example, if you
requirements under paragraph (d)(2) of of 10 percent. Therefore you must forfeit produce 50 units using Tier 3 technical
this section for the 37–75 kW power a total of 20 percent of production relief in the range of 130kW to 225kW,
category and will not exceed 200 units. flexibility for Tier 4 engines plus 10 and you produce 50 units using Tier 3
Therefore, the total maximum percent of any technical or engineering technical relief in the range of 225 to
allowances for the 37–75 kW power hardship exemptions available for Tier 450kW, and no units are produced in
category will not exceed 900 units. 4 engines. the 450kW to 560kW range, and your
(5) For purposes of this paragraph (i), overall sales volume for the power
small equipment manufacturer means TABLE 1 OF § 89.102.—ADJUSTMENTS ranges of 130kW to 560kW in Tier 3 is
an equipment manufacturer that had TO TIER 4 FLEXIBILITIES 400 units, the amount of Tier 3
annual U.S.-directed production volume
technical relief used is 100/400 or 25
of equipment using nonroad diesel Percent of Percent of
engines between 37 and 75 kW of no Percent of use percent. Because you forfeit 1 percent of
Tier 2 production forfeit Tier 4 forfeit Tier 4
more than 3,000 units in 2002 and all production tech./eng. your Tier 4 technical relief for every 1
flexibility percent of Tier 3 technical relief used,
earlier calendar years, and has 750 or flexibility exemption
fewer employees (500 or fewer then you will lose 25 percent of your
Greater than 0% Tier 4 technical relief in the 130kW to
employees for nonroad equipment and up to 20% 0 1 560kW power range category. If you
manufacturers that produce no Greater than
construction equipment or industrial 20% and up to used 45 percent of your production
trucks). For manufacturers owned by a 40% ............... 1 1 flexibility for Tier 2 engines, you must
parent company, the production limit Greater than forfeit 2 percent of production flexibility
applies to the production of the parent 40% and up to for Tier 4 engines for every 1 percent of
company and all its subsidiaries and the 60% ............... 2 1 Tier 3 technical relief. Therefore, you
employee limit applies to the total Greater than will forfeit 50 percent of your Tier 4
60% and up to
number of employees of the parent production allowance in the 130kW to
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80% ............... 3 1
company and all its subsidiaries. 560kW power range category.

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72958 Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 / Rules and Regulations

TABLE 2 OF § 89.102.—COR- have sold under this section for each on cherry; hop, dried cones; and
RESPONDING TIER 3 AND TIER 4 power category. You may omit the vegetable, cucurbit subgroup 9A. The
POWER CATEGORIES percentage figures if you include in the Interregional Research Project No. 4 (IR–
report a statement that you will not be 4) requested these tolerances under the
Tier 4 using the percent-of-production Federal Food, Drug, and Cosmetic Act
Tier 3
power categories power allowances in paragraph (d) of this (FFDCA).
categories section.
(8) Recordkeeping. Keep the following DATES: This regulation is effective
37≤kW<75* ........................... 19≤kW<56
records of all equipment with exempted December 26, 2007. Objections and
37≤kW<75**, 75≤kW<130 .... 56≤kW<130 requests for hearings must be received
130≤kW<225, 225≤kW<450, 130≤kW≤560 engines you produce under this
paragraph (i) for at least five full years on or before February 25, 2008, and
450≤kW<560. must be filed in accordance with the
after the final year in which allowances
* Applies only to use of engines rated be-
are available for each power category: instructions provided in 40 CFR part
tween 37kW and 56kW by small volume (i) The model number, serial number, 178 (see also Unit I.C. of the
equipment manufacturers. SUPPLEMENTARY INFORMATION).
** Includes only equipment that uses engines and the date of manufacture for each
with a rated power greater than 56kw. engine and piece of equipment. ADDRESSES: EPA has established a
(ii) The maximum power of each docket for this action under docket
(iv) Manufacturers using allowances
engine. identification (ID) number EPA–HQ–
under this paragraph (i) must comply
(iii) The total number or percentage of OPP–2007–0309. To access the
with the notification and reporting
equipment with exempted engines, as electronic docket, go to http://
requirements specified in paragraph
described in paragraph (d) of this www.regulations.gov, select ‘‘Advanced
(i)(7) of this section.
section and all documentation Search,’’ then ‘‘Docket Search.’’ Insert
(7) Notification and reporting. You
supporting your calculation. the docket ID number where indicated
must notify us of your intent to use the (iv) The notifications and reports we
technical relief provisions of this and select the ‘‘Submit’’ button. Follow
require under paragraph (i)(7) of this the instructions on the regulations.gov
paragraph (i) and send us an annual section.
report to verify that you are not website to view the docket index or
(9) Equipment Labeling. Any engine access available documents. All
exceeding the allowances, as follows: produced under this paragraph (i) must
(i) Before the first year you intend to documents in the docket are listed in
meet the labeling requirements of 40 the docket index available in
use the provisions of this section, send CFR 89.110, but add the following
the Designated Compliance Officer and regulations.gov. Although listed in the
statement instead of the compliance index, some information is not publicly
the Designated Enforcement Officer a statement in 40 CFR 89.110 (b)(10):
written notice of your intent, including: available, e.g., Confidential Business
THIS ENGINE MEETS U.S. EPA Information (CBI) or other information
(A) Your company’s name and EMISSION STANDARDS UNDER 40
address, and your parent company’s whose disclosure is restricted by statute.
CFR 89.102. SELLING OR INSTALLING Certain other material, such as
name and address, if applicable. THIS ENGINE FOR ANY PURPOSE
(B) Whom to contact for more copyrighted material, is not placed on
OTHER THAN FOR THE EQUIPMENT the Internet and will be publicly
information. FLEXIBILITY PROVISIONS OF 40 CFR
(C) The calendar years in which you available only in hard copy form.
89.102 MAY BE A VIOLATION OF Publicly available docket materials are
expect to use the exemption provisions FEDERAL LAW SUBJECT TO CIVIL
of this section. available in the electronic docket at
PENALTY. http://www.regulations.gov, or, if only
(D) The name and address of the (10) Enforcement. Producing more
company that produces the engines you available in hard copy, at the OPP
exempted engines or equipment than we Regulatory Public Docket in Rm. S–
will be using for the equipment allow under this paragraph (i) or
exempted under this section. 4400, One Potomac Yard (South Bldg.),
installing engines that do not meet the 2777 S. Crystal Dr., Arlington, VA. The
(E) Your best estimate of the number applicable Tier 1 emission standards
of units in each power category you will Docket Facility is open from 8:30 a.m.
described in § 89.112 violates the to 4 p.m., Monday through Friday,
produce under this section and whether prohibitions in § 89.1003(a)(1). You
you intend to comply under paragraph excluding legal holidays. The Docket
must give us the records we require Facility telephone number is (703) 305–
(d)(1) or (d)(2) of this section. under this paragraph (i) if we ask for
(F) The number of units in each 5805.
them (see § 89.1003(a)(2)).
power category you have sold in FOR FURTHER INFORMATION CONTACT:
previous calendar years under [FR Doc. E7–24976 Filed 12–21–07; 8:45 am] Sidney Jackson, Registration Division
paragraph (d) of this section. BILLING CODE 6560–50–P (7505P), Office of Pesticide Programs,
(ii) For each year that you use the Environmental Protection Agency, 1200
provisions of this section, send the Pennsylvania Ave., NW., Washington,
Designated Compliance Officer and the ENVIRONMENTAL PROTECTION DC 20460–0001; telephone number:
Designated Enforcement Officer a AGENCY (703) 305–7610; e-mail address:
written report by March 31 of the jackson.sidney@epa.gov.
40 CFR Part 180
following year. Include in your report
[EPA–HQ–OPP–2007–0309; FRL–8342–8] SUPPLEMENTARY INFORMATION:
the total number of engines you sold in
the preceding year for each power I. General Information
category, based on actual U.S.-directed Etoxazole; Pesticide Tolerance
A. Does this Action Apply to Me?
production information. Also identify AGENCY: Environmental Protection
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the percentages of U.S.-directed Agency (EPA). You may be potentially affected by


production that correspond to the ACTION: Final rule. this action if you are an agricultural
number of units in each power category producer, food manufacturer, or
and the cumulative numbers and SUMMARY: This regulation establishes pesticide manufacturer. Potentially
percentages of units for all the units you tolerances for residues of etoxazole in or affected entities may include, but are

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