Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63079

and September 30, 2003; and April 6, 

and August 25, 2004.

§ 62.11641 Identification of sources. 

The affected facility to which the plan 

applies is each large MWC unit for 

which construction commenced on or 

before September 20, 1994.

§ 62.11642 Effective date. 

The effective date of the plan for large 

MWC units is December 28, 2004.

[FR Doc. 04–24240 Filed 10–28–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131

[OW–2004–0006; FRL–7825–1] 

Water Quality Standards; Withdrawal 

of Certain Federal Water Quality 

Criteria Applicable to Alaska, 

Arkansas, and Puerto Rico

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action to 

amend the Federal regulations to 

withdraw certain water quality criteria 

applicable to Alaska, Arkansas, and 

Puerto Rico. In 1992, EPA promulgated 

Federal regulations, through the 

National Toxics Rule (‘‘NTR’’), 

establishing water quality criteria for 

toxic pollutants for 12 states and two 

territories, including Alaska, Arkansas, 

and Puerto Rico. These two states and 

one territory have now adopted, and 

EPA has approved, certain water quality 

criteria included in the NTR. Since 

Alaska, Arkansas, and Puerto Rico now 

have criteria, effective under the Clean 

Water Act, for the same priority toxic 

pollutants in the NTR, EPA has 

determined that the Federally 

promulgated criteria are no longer 

needed for these pollutants. In today’s 

action, EPA is amending the Federal 

regulations to withdraw those certain 

criteria applicable to Alaska, Arkansas, 

and Puerto Rico. EPA is withdrawing its 

criteria without a notice and comment 

rulemaking because the adopted criteria 

are no less stringent than Federal 

criteria (see 65 FR 19659, April 12, 

2000).

DATES: This final rule is effective on 

October 29, 2004.

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. OW–2004–0006. All documents in 

the docket are listed in the EDOCKET 

index at http://www.epa.gov/edocket. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available, docket materials are 

available either electronically in 

EDOCKET or in hard copy at the 

following: The administrative record for 

the withdrawal of Alaska’s federally 

promulgated criteria is also available for 

public inspection at EPA Region 10, 

Office of Water, 1200 Sixth Avenue, 

Seattle, WA 98101, during normal 

business hours of 8 a.m. to 4:30 p.m. 

Pacific time. The administrative record 

for the withdrawal of Arkansas’s 

federally promulgated criteria is also 

available for public inspection at EPA 

Region 6, Water Quality Protection 

Division, 1445 Ross Avenue, Dallas, TX 

75202, during normal business hours of 

7:30 a.m. to 11 a.m. and 1 p.m. to 4:30 

p.m. central time. The administrative 

record for the withdrawal of Puerto 

Rico’s Federally promulgated criteria is 

also available for public inspection at 

EPA Region 2, 290 Broadway, New 

York, NY 10007, during normal 

business hours of 9 a.m. to 4:30 p.m. 

eastern time Monday through Thursday, 

and 9 a.m.–1 p.m. eastern time on 

Friday.

FOR FURTHER INFORMATION CONTACT: For 

questions regarding this action with 

respect to Alaska, contact Sally Brough 

with EPA’s Region 10 at 206–553–1295. 

For questions regarding this action with 

respect to Arkansas, contact Russell 

Nelson with EPA’s Region 6 at 214–

665–6646. For questions regarding this 

action with respect to Puerto Rico, 

contact Wayne Jackson with EPA’s 

Region 2 at 212–637–3807. For general 

and administrative concerns, contact 

Stephanie Thornton at EPA 

Headquarters, Office of Water (4305T), 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460 (202–566–0606).

SUPPLEMENTARY INFORMATION: 

I. General Information 

No one is regulated by this rule. This 

rule withdraws certain Federal water 

quality criteria applicable to Alaska, 

Arkansas, and Puerto Rico. 

II. Background 

In 1992, EPA promulgated the 

‘‘National Toxics Rule’’ (‘‘NTR’’) to 

establish numeric water quality criteria 

for 12 states and two Territories 

(hereafter ‘‘States’’) that had failed to 

comply fully with section 303(c)(2)(B) of 

the Clean Water Act (‘‘CWA’’) (57 FR 

60848, December 22, 1992). The criteria, 

codified at 40 CFR 131.36, became the 

applicable water quality standards in 

those 14 jurisdictions for all purposes 

and programs under the CWA effective 

February 5, 1993. 

As described in the preamble to the 

final NTR, when a State adopts, and 

EPA approves, water quality criteria that 

meet the requirements of the CWA, EPA 

will issue a rule amending the NTR to 

withdraw the Federal criteria applicable 

to that State. If the State’s criteria are no 

less stringent than the promulgated 

Federal criteria, EPA will withdraw its 

criteria without notice and comment 

because additional comment on the 

criteria is unnecessary (see 65 FR 19659, 

April 12, 2000). However, if a State 

adopts criteria that are less stringent 

than the Federally-promulgated criteria, 

but which the Agency judges to meet 

the requirements of the Act, EPA will 

seek public comment before 

withdrawing the Federally-promulgated 

criteria (see 57 FR 60860, December 22, 

1992). Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

comment procedures are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and 

opportunity for public comment. 

There is good cause for making 

today’s rule final without prior proposal 

and comment because, being identical 

or more stringent, the States’ criteria are 

no less stringent than the Federal 

regulations. For the same reason, and 

because this rule relieves a Federal 

restriction, good cause exists to waive 

the requirement for a 30-day period 

before the amendment becomes 

effective. Therefore, the amendment is 

immediately effective. This rule does 

not remove any water quality 

protections. It removes a Federal 

regulation that duplicates State 

regulation. 

Alaska 

On March 30 and April 27, 1999, 

Alaska adopted revisions to its surface 

water quality standards (18 AAC 70). 

Alaska submitted the revisions to EPA 

for approval by letter dated May 10, 

1999, and EPA received the revisions on 

May 13, 1999. 

EPA Region 10 approved the State’s 

freshwater and marine water aquatic life 

criteria for certain NTR pollutants on 

September 28, 2001, because they were 

identical to the NTR values and were 

consistent with both the CWA and 

EPA’s implementing regulations at 40 

CFR part 131. These pollutants are 

Nickel (acute), Selenium (acute and 

63080 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 

chronic), Zinc (acute), 

Pentachlorophenol (acute), and 

Toxaphene (acute). Today, EPA is 

withdrawing Federal water quality 

criteria applicable to Alaska for the 

freshwater and marine aquatic life 

criteria.

Arkansas 

On January 23,1998, Arkansas 

adopted revisions to its surface water 

quality standards (Regulation 2, 

Establishing Water Quality Standards 

for the Surface Waters of the State of 

Arkansas, Minute Order 98–03). 

Arkansas adopted acute and/or chronic 

freshwater aquatic life criteria as noted 

and conversion factors for these metals 

contained in the NTR: 

• Cadmium (acute and chronic), 

• Chromium (III) (acute and chronic), 

• Chromium (VI) (acute and chronic), 

• Copper (acute and chronic), 

• Lead (acute and chronic), 

• Mercury (acute and chronic), 

• Nickel (acute and chronic), 

• Selenium (acute and chronic), 

• Silver (acute), and Zinc (acute and 

chronic). 

Arkansas also adopted acute and 

chronic freshwater aquatic life criteria 

for Cyanide. EPA Region 6 approved the 

State’s dissolved metals criteria and 

Cyanide criteria on May 17, 2001, 

because Arkansas’s numeric criteria 

were consistent with both the CWA and 

EPA’s implementing regulations at 40 

CFR part 131. With the adoption of 

these numeric criteria, Arkansas 

complied with the requirements of 

section 303(c)(2)(B) of the CWA to have 

numeric criteria for toxic pollutants. 

Today, EPA is withdrawing Arkansas 

from the NTR for those criteria and, as 

a result, completely removing Arkansas 

from the NTR. 

Puerto Rico 

On September 21, 1990, EPA Region 

2 received revisions to Puerto Rico’s 

water quality standards. The Chairman 

of the Puerto Rico Environmental 

Quality Board (PREQB) informed EPA 

that it may not be the final submission, 

since PREQB had not completed its 

public hearing process. Because of this 

caveat, and because Puerto Rico had not 

submitted the requisite certification 

from its Secretary of Justice as required 

by 40 CFR 131.6(e), EPA Region 2 did 

not act on these revisions immediately. 

As previously noted, EPA included 

Puerto Rico in the NTR in 1992, in large 

part because EPA did not consider 

Puerto Rico’s 1990 revisions adopted. 

The Commonwealth’s Secretary of 

Justice ultimately submitted the 

required certification to EPA on 

February 25, 2002. 

EPA took final action on all new and 

revised provisions of the 1990 Puerto 

Rico Water Quality Standards 

Regulation (PRWQSR) on March 28, 

2002, after it received the required 

certification. EPA Region 2 approved 

Puerto Rico’s numeric criteria because 

they were consistent with the CWA and 

EPA’s implementing regulations at 40 

CFR 131.11. For all of these pollutants, 

the criteria were no less stringent than 

the promulgated Federal criteria in the 

NTR. 

Meanwhile, in October 2001, Puerto 

Rico began an effort to revise the 

PRWQSR. This effort included adopting 

numerous chemical-specific numeric 

criteria for toxic pollutants contained in 

the NTR. EPA Region 2 approved Puerto 

Rico’s criteria on June 26, 2003, since 

the adopted numeric criteria for the 

protection of aquatic life and human 

health were consistent with the CWA 

and EPA’s implementing regulations at 

40 CFR 131.11. With few exceptions, the 

adopted criteria were identical to EPA’s 

April 1999 national recommended water 

quality criteria. In most cases, these 

criteria were no less stringent than the 

promulgated Federal criteria in the 

NTR. Puerto Rico adopted several 

criteria that are less stringent than the 

promulgated Federal criteria in the 

NTR. Consequently, EPA is not 

including any of these pollutants in 

today’s withdrawal of NTR criteria 

applicable to waters in Puerto Rico. The 

criteria adopted by Puerto Rico and 

approved by EPA but not included in 

today’s rulemaking are: 

• Dichlorobromomethane, 

• Benzo(a)Anthracene, 

• Benzo(a)Pyrene, 

• Benzo(b)Flouranthene, 

• Benzo(k)Flouranthene, 

• Chrysene, 

• Dibenzo(a,h)Anthracene, 

• Indeno(1,2,3-cd)Pyrene, and 

• Isophrone. 

Today, EPA is removing Puerto Rico 

from the NTR only for those pollutants 

whose criteria are no less stringent than 

those in the NTR. 

EPA is removing Puerto Rico from the 

NTR for the following pollutants: 

• Antimony (human health—water & 

organism and organism only), 

• Arsenic (all), 

• Cadmium (aquatic life—freshwater 

(acute and chronic) and marine water 

(acute and chronic)), 

• Chromium III (aquatic life—

freshwater (acute and chronic)), 

• Chromium VI (aquatic life—

freshwater (acute and chronic)), 

• Copper (aquatic life—freshwater 

(acute and chronic) and marine water 

(acute and chronic)), 

• Lead (aquatic life—freshwater 

(acute and chronic) and marine water 

(acute and chronic)), 

• Mercury (aquatic life—freshwater 

(acute), aquatic life—marine water 

(acute), and human health—water & 

organism and organism only), 

• Nickel (all), 

• Selenium (aquatic life—freshwater 

(acute and chronic) and marine water 

(acute and chronic)), 

• Silver (aquatic life—freshwater 

(acute) and aquatic life—marine water 

(acute)), 

• Zinc (aquatic life—freshwater 

(acute and chronic) and marine water 

(acute and chronic)), 

• Cyanide (all), 

• Asbestos (human health—water & 

organism), 

• Acrolein (human health—water & 

organism and organism only), 

• Acrylonitrile (human health—water 

& organism and organism only), 

• Benzene (human health—water & 

organism and organism only), 

• Bromoform (human health—water 

& organism and organism only), 

• Carbon Tetrachloride (human 

health—water & organism and organism 

only), 

• Chlorobenzene (human health—

water & organism and organism only), 

• Chlorodibromomethane (human 

health—water & organism and organism 

only), 

regulatory requirements that might 

significantly or uniquely affect small 

governments and is therefore not subject 

to UMRA section 203.

• Chloroform (human health—water 

& organism and organism only), 

• 1,2-Dichloroethane (human 

health—water & organism and organism 

only), 

• 1,1-Dichloroethylene (human 

health—water & organism and organism 

only), 

• 1,3-Dichloropropylene (human 

health—water & organism and organism 

only), 

• Ethylbenene (human health—water 

& organism and organism only), 

• Methyl Bromide (human health—

water & organism and organism only), 

• Methylene Chloride (human 

health—water & organism and organism 

only), 

• 1,1,2,2-Tetrachloroethane (human 

health—water & organism and organism 

only), 

• Tetrachloroethylene (human 

health—water & organism and organism 

only), 

• Toluene (human health—water & 

organism and organism only), 

• 1,1,2-Trichloroethane (human 

health—water & organism and organism 

only), 

Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63081

• Trichloroethylene (human health—

water & organism and organism only), 

• Vinyl Chloride (human health—

water & organism and organism only), 

• 2,4-Dichlorophenol (human 

health—water & organism and organism 

only), 

• 2-Methyl-4,6-Dinitrophenol (human 

health—water & organism and organism 

only), 

• Pentachlorophenol (human 

health—water & organism and organism 

only), 

• Phenol (human health—water & 

organism and organism only), 

• 2,4,6-Trichlorohenol (human 

health—water & organism and organism 

only), 

• Anthracene (human health—water 

& organism and organism only), 

• Benzidene (human health—water & 

organism and organism only), 

• Bis (2-Chloroethyl) Ether (human 

health—water & organism and organism 

only), 

• Bis (2-Chloroisopropyl) Ether 

(human health—water & organism and 

organism only), 

• Bis (2-Ethylhexyl) Phthalate 

(human health—water & organism and 

organism only), 

• 1,2-Dichlorobenzene (human 

health—water & organism and organism 

only), 

• 1,3-Dichlorobenzene (human 

health—water & organism and organism 

only), 

• 1,4-Dichlorobenzene (human 

health—water & organism and organism 

only), 

• 3,3-Dichlorobenzidene (human 

health—water & organism and organism 

only), 

• Diethyl Phthalate (human health—

water & organism and organism only), 

• Dimethyl Phthalate (human 

health—water & organism and organism 

only), 

• Di-n-Butyl-Phthalate (human 

health—water & organism and organism 

only), 

• 2,4-Dinitrotoluene (human health—

water & organism and organism only), 

• 1,2-Diphenylhydrazine (human 

health—water & organism and organism 

only), 

• Fluoranthene (human health—

water & organism and organism only), 

• Fluorene (human health (water & 

organism)), 

• Hexachlorobenzene (human 

health—water & organism and organism 

only), 

• Hexachlorbutadiene (human 

health—water & organism and organism 

only), 

• Hexachlorocyclopentadiene 

(human health—water & organism and 

organism only), 

• Hexachloroethane (human health—

water & organism and organism only), 

• Nitrobenzene (human health—

water & organism and organism only), 

• N-Nitroso-dimethylamine (human 

health—water & organism and organism 

only), 

• N-Nitrosodiphenylamine (human 

health—water & organism and organism 

only), 

• Pyrene (human health—water & 

organism and organism only), 

• Aldrin (aquatic life—freshwater 

(acute), aquatic life—marine water 

(acute), and human health—water & 

organism and organism only), 

• gamma-BHC (aquatic life—

freshwater (acute), aquatic life—marine 

water (acute), and human health—water 

& organism and organism only), 

• Chlordane, 

• 4,4-DDT, 4,4-DDE (human health—

water & organism and organism only), 

• 4,4-DDD (human health—water & 

organism and organism only), 

• Dieldrin (all), 

• a-Endosulfan (aquatic life—

freshwater (acute and chronic) and 

human health—water & organism and 

organism only), 

• b-Endosulfan (aquatic life—

freshwater (acute and chronic) and 

human health—water & organism and 

organism only), 

• Endrin (aquatic life—freshwater 

(acute), aquatic life—marine (acute and 

chronic), and human health—water & 

organism and organism only), 

• Heptachlor (all), and 

• Toxaphene (all). 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866—Regulatory 

Planning and Review 

This action withdraws Federal 

requirements applicable to Alaska, 

Arkansas, and Puerto Rico, and imposes 

no regulatory requirements or costs on 

any person or entity, does not interfere 

with the action or planned action of 

another agency, and does not have any 

budgetary impacts or raise novel legal or 

policy issues. Thus, it has been 

determined that this rule is not a 

‘‘significant regulatory action’’ under 

the terms of Executive Order 12866 (58 

FR 51735, October 4, 1993) and is 

therefore not subject to the Office of 

Management and Budget (OMB) review. 

B. Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 because it is 

administratively withdrawing Federal 

requirements that no longer need to 

apply to Alaska, Arkansas, and Puerto 

Rico. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.), as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally requires 

an agency to prepare a regulatory 

flexibility analysis of a rule that is 

subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have significant 

economic impact on a substantial 

number of small entities. This rule 

imposes no regulatory requirements or 

costs on any small entity. Therefore, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

D. Unfunded Mandates Reform Act 

Title III of the Unfunded Mandates 

Reform Act (UMRA) (Public Law 104–

4) establishes requirements for Federal 

agencies to assess the effects of their 

regulatory actions on State, Tribal, and 

local governments and the private 

sector. Today’s rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, Tribal, or local governments or 

the private sector because it imposes no 

enforceable duty on any of these 

entities. Thus, today’s rule is not subject 

to the requirements of UMRA sections 

202 and 205 for a written statement and 

small government agency plan. 

Similarly, EPA has determined that this 

rule contains no regulatory 

requirements that might significantly or 

uniquely affect small governments and 

is therefore not subject to UMRA section 

203.

E. Executive Order 13132—Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure State and 

local government officials have an 

opportunity to provide input in the 

development of regulatory policies that 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of governments. This rule 

imposes no regulatory requirements or 

costs on any State or local governments; 

therefore, it does not have Federalism 

implications under Executive Order 

13132. 

63082 Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 

F. Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

Again, this rule imposes no regulatory 

requirements or costs on any Tribal 

government. It does not have substantial 

direct effects on Tribal governments, on 

the relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes, as 

specified in Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (59 FR 

22951, November 6, 2000). 

G. Executive Order 13045—Protection of 

Children From Environmental Health 

and Safety Risks 

This rule is not subject to Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and EPA has 

no reason to believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children. 

H. Executive Order 13211—Actions 

That Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001), because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply because this rule 

does not involve technical standards. 

J. Congressional Review Act 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA has 

made such a good cause finding, 

including reasons therefore, and 

established an effective date of October 

29, 2004. EPA will submit a report 

containing this rule 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. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2).

List of Subjects in 40 CFR Part 131

Environmental protection, Indians—

lands, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Water pollution control.

Dated: September 30, 2004. 

Michael O. Leavitt, 

Administrator.

■ For reasons set out in the preamble of 

title 40, chapter I, of the Code of Federal 

Regulations is amended as follows:

PART 131—WATER QUALITY 

STANDARDS

■ 1. The authority citation for part 131 

continues to read as follows:

Authority: 33 U.S.C. 1251 et seq.

§ 131.36 [Amended]

■ 2. Section 131.36 is amended as 

follows:

■ a. Revising the table in paragraph 

(d)(4)(ii),

■ b. Revising the table in paragraph 

(d)(12)(ii), and

■ c. Removing and reserving paragraph 

(d)(8).

§ 131.36 Toxics criteria for those states 

not complying with Clean Water Act section 

303(c)(2)(B).

* * * * *

(d) * * *

(4) * * *

(ii) * * *

Use classification Applicable criteria 

Class SD ................................................................................................... Column B1—# 118. 

Column B2—#s 8, 105, 115, 118, 119, 120, 121, 122, 123,124, 125a, 

125b. 

Column D1—#s 12, 16, 27, 60, 61, 62, 64, 73, 74, 92,93, 103, 104, 

114, 116, 118, 119, 120, 121, 122, 123,124, 125a, 125b. 

Class SB, Class SC ................................................................................. Column C1—#s 5b, 112, 113, 118. 

Column C2—#s 5b, 8, 112, 113, 118, 119, 120, 121, 122,123, 124, 

125a, 125b. 

Column D2—#s 12, 16, 27, 60, 61, 62, 64, 73, 74, 87,92, 93, 103, 104, 

114, 116, 118, 119, 120, 121, 122,123, 124, 125a, 125b. 

* * * * *

(12) * * *

(ii) * * *

Use classification Applicable criteria 

(1)(A)(i) ..................................................................................................... Column D1—#s 16, 18–21, 23, 26, 27, 29, 30, 32, 37, 38, 42–44, 53, 

55, 59–62, 64, 66, 68, 73, 74, 78, 82, 85, 88, 89, 91–93, 96, 98, 

102–105, 107–111, 117–126. 

(1)(A)(iii) .................................................................................................... Column D2—#s 14, 16, 18–21, 22, 23, 26, 27, 29, 30, 32, 37, 38, 42–

44, 46, 53, 54, 55, 59–62, 64, 66, 68, 73, 74, 78, 82, 85, 88–93, 95, 

96, 98, 102–105, 107–111, 115–126. 

(1)(B)(i), (1)(B)(ii), (1)(C) .......................................................................... Column D2—#s 14, 16, 18–21, 22, 23, 26, 27, 29, 30, 32, 37, 38, 42–

44, 46, 53, 54, 55, 59–62, 64, 66, 68, 73, 74, 78, 82, 85, 88–93, 95, 

96, 98, 102–105, 107–111, 115–126. 

Federal Register / Vol. 69, No. 209 / Friday, October 29, 2004 / Rules and Regulations 63083

Use classification Applicable criteria 

(2)(A)(i), (2)(B)(i), and (2)(B)ii, (2)(C), (2)(D) ........................................... Column D2—#s 14, 16, 18–21, 22, 23, 26, 27, 29, 30, 32, 37, 38, 42–

44, 46, 53, 54, 55, 59–62, 64, 66, 68, 73, 74, 78, 82, 85, 88–93, 95, 

96, 98, 102–105, 107–111, 115–126. 

* * * * *

[FR Doc. 04–24242 Filed 10–28–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY

40 CFR Part 180

[OPP–2004–0325; FRL–7681–9]

Pyraclostrobin; Pesticide Tolerances

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes 

tolerances for the combined residues of 

pyraclostrobin (carbamic acid, [2-[[[1-(4-

chlorophenyl)-1H-pyrazol-3-

yl]oxy]methyl]phenyl]methoxy-, methyl 

ester) and its desmethoxy metabolite 

(methyl-N-[[[1-(4-chlorophenyl) pyrazol3-yl]oxy]o-tolyl] carbamate), expressed 

as parent compound in or on apple, wet 

pomace; brassica, head and stem, 

subgroup; brassica, leafy greens, 

subgroup; corn, field, grain; corn, field, 

forage; corn, field, stover; corn, field, 

refined oil; corn, pop, grain; corn, pop, 

stover; corn, sweet, kernel plus cob with 

husks removed; corn, sweet, forage; 

corn, sweet, stover; fruit, pome, group; 

hop, dried cones; legume, forage, except 

peanut and soybean; pea, succulent; pea 

and bean, dried shelled, except soybean, 

subgroup; peppermint; soybean, forage; 

soybean, hay; soybean, hulls; soybean, 

seed; spearmint; sunflower; vegetable, 

leafy, except brassica, group; vegetable, 

leaves of root and tuber, except sugar 

beet; and vegetable, legume, edible 

podded, subgroup. This regulation also 

increases the tolerances for citrus, dried 

pulp; citrus, oil; fruit, citrus, group; and 

strawberry and removes the currently 

existing tolerance for bean, dry, seed. 

The latter tolerance is superseded by the 

tolerance for pea and bean, dried 

shelled, except soybean, subgroup. 

BASF Corporation and Interregional 

Research Project Number 4 (IR-4) 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), as amended by the Food 

Quality Protection Act of 1996 (FQPA).

DATES: This regulation is effective 

October 29, 2004. Objections and 

requests for hearings must be received 

on or before December 28, 2004.

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit VII. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for this action under Docket 

identification (ID) number OPP–2004–

0325. All documents in the docket are 

listed in the EDOCKET index at http:/

/www.epa.gov/edocket. Although listed 

in the index, some information is not 

publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the Public Information and 

Records Integrity Branch (PIRIB), Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805.

FOR FURTHER INFORMATION CONTACT:

Dennis McNeilly, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW.,Washington, 

DC 20460–0001; telephone number: 

(703) 308–6742; e-mail address: 

mcneilly.dennis@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to:

• Crop production (NAICS 111), e.g., 

agricultural workers; greenhouse, 

nursery, and floriculture workers; 

commercial applicators; farmers.

• Animal production (NAICS 112), 

e.g., cattle ranchers and farmers, dairy 

cattle farmers, livestock farmers.

• Food manufacturing (NAICS 311), 

e.g., food manufacturing plant 

employees; produce truck drivers; waste 

disposal truck drivers; consumers.

• Pesticide manufacturing (NAICS 

32532), e.g., pesticide manufacturing 

plant employees; pesticide distribution 

employees; agricultural workers; 

commercial applicators; farmers; 

greenhouse, nursery, and floriculture 

workers.

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT.

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information?

In addition to using EDOCKET (http:/

/www.epa.gov/edocket/), you may 

access this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR part 180 is available at E-CFR 

Beta Site Two at http://

www.gpoaccess.gov/ecfr/. To access the 

OPPTS Harmonized Guidelines 

referenced in this document, go directly 

to the guidelines at http://www.epa.gpo/

opptsfrs/home/guidelin.htm/.

II. Background and Statutory Findings

In the Federal Register of August 13, 

2003 (68 FR 48367) (FRL–7320–6), EPA 

issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of 

three pesticide petitions (PP 2E6473, 

3E6548, and 3E6553) by Interregional 

Research Project Number 4 (IR-4), 681 

U.S. Highway #1 South, North 

Brunswick, NJ 08902–3390. The 

petitions requested that 40 CFR 180.582 

be amended by establishing tolerances 

for the combined residues of the 

fungicide carbamic acid, [2-[[[1-(4-

chlorophenyl)-1H-pyrazol-3-

yl]oxy]methyl]phenyl]methoxy-, methyl 

ester], pyraclostrobin, and methyl-N-

[[[1-(4-chlorophenyl) pyrazol-3-yl]oxy]otolyl] carbamate, the desmethoxy 

metabolite of pyraclostrobin, expressed 

as parent compound], in or on brassica, 

head and stem, subgroup at 5 ppm (PP 

3E6553); lettuce, head at 22 ppm (PP 

2E6473); lettuce, leafy at 22 ppm (PP