Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 70897

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. 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 rule is not a 

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

804(2). 

C. Petitions for Judicial Review 

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 February 7, 2005. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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 to 

approve the Pennsylvania VOC control 

requirements for consumer products 

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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds.

Dated: November 24, 2004. 

Donald S. Welsh, 

Regional Administrator, Region III.

■ 40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

■ 1. The authority citation for part 52 

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart NN—Pennsylvania

■ 2. Section 52.2020 is amended by 

adding paragraph (c)(230) to read as 

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(230) Revisions pertaining to the 

control of volatile organic compound 

emissions from consumer products 

submitted on March 26, 2003 by the 

Pennsylvania Department of 

Environmental Protection: 

(i) Incorporation by reference. 

(A) Letter of March 26, 2003 from the 

Pennsylvania Department of 

Environmental Protection 

transmitting Pennsylvania’s 

consumer products regulations. 

(B) 25 PA Code Chapter 130 

Subchapter B. Consumer Products, 

effective on October 5, 2002, 

consisting of Sections 130.201 and 

130.202, 130.211 through 130.216, 

130.331 through 130.337, 130.351 

and 130.352, 130.371 through 

130.373, 130.391 and 130.392, 

130.411 and 130.414, 130.431, 

130.451 through 130.465, and 

130.471. 

(ii) Additional Material. Remainder of 

the State submittal pertaining to the 

revisions listed in paragraph 

(c)(230)(i) of this section.

[FR Doc. 04–26939 Filed 12–7–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY

40 CFR Part 180

[OPP–2004–0211; FRL–7685–1]

Cyazofamid; Pesticide Tolerance; 

Technical Correction

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule; correction.

SUMMARY: EPA issued a final rule in the 

Federal Register of September 30, 2004 

establishing a tolerance for the 

combined residues of cyazofamid and 

its metabolite CCIM in or on potatoes, 

tomatoes, cucurbits, and imported wine. 

ISK Biosciences Corporation requested 

this tolerance under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), as 

amended by the Food Quality Protection 

Act of 1996 (FQPA). Today’s document 

is being issued to correct the signature 

block.

DATES: This correction is effective on 

September 30, 2004.

ADRESSES: Follow the detailed 

instructions as provided under 

ADDRESSES in the Federal Register

document of September 30, 2004.

FOR FURTHER INFORMATION CONTACT:

Janet Whitehurst, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–6129; e-mail address: 

whitehurst.janet@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

The Agency included in the final rule 

a list of those who may be potentially 

affected by this action. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under the FOR FURTHER

INFORMATION CONTACT.

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information?

In addition to using EDOCKET at 

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/.

II. What Does this Correction Do?

FR Doc. 04–21931 published in the 

Federal Register of September 30, 2004 

(69 FR 58290) (FRL–7367–4) is 

corrected as follows:

On page 58299, at the top of the first 

column, in the signature block for the 

Cyazomid pesticide tolerance, both the 

signature date and the signature were 

inadvertently left out. The date and 

signature should read as follows: 

‘‘Dated: September 23, 2004.’’

‘‘James Jones,’’

III. Why is this Correction Issued as a 

Final Rule?

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(B), provides that, when an 

Agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making today’s technical correction 

final without prior proposal and 

opportunity for comment, because EPA 

is merely inserting language that was 

inadvertently omitted from the 

previously published final rule. EPA 

finds that this constitutes good cause 

under 5 U.S.C. 553(b)(B).

IV. Do Any of the Statutory and 

Executive Order Reviews Apply to this 

Action?

The applicable statutory and 

Executive Order reviews were included 

in the September 30, 2004 Federal 

Register document. This document is a 

technical correction and as such no new 

review requirements are applicable.

V. 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 

70898 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 

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. 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 this final 

rule in the Federal Register.This final 

rule is not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection, 

Administrative practice and procedure, 

Agriultural commodities, Pesticides and 

pests, Reporting and recordkeeping 

requirements.

Dated: November 9, 2004.

James Jones,

Director, Office of Pesticide Programs.

[FR Doc. 04–26820 Filed 12–7–04; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271

[FRL–7846–2] 

Tennessee: Final Authorization of 

State Hazardous Waste Management 

Program Revision

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: Tennessee has applied to EPA 

for Final authorization of the changes to 

its hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA has determined that 

these changes satisfy all requirements 

needed to qualify for Final 

authorization, and is authorizing the 

State’s changes through this immediate 

final action. EPA is publishing this rule 

to authorize the changes without a prior 

proposal because we believe this action 

is not controversial and do not expect 

comments that oppose it. Unless we get 

written comments which oppose this 

authorization during the comment 

period, the decision to authorize 

Tennessee’s changes to its hazardous 

waste program will take effect. If we get 

comments that oppose this action, we 

will publish a document in the Federal 

Register withdrawing this rule before it 

takes effect and a separate document in 

the proposed rules section of this 

Federal Register will serve as a proposal 

to authorize the changes.

DATES: This final authorization will 

become effective on February 7, 2005 

unless EPA receives adverse written 

comments by January 7, 2005. If EPA 

receives such comments, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will not take effect.

ADDRESSES: Submit your comments by 

one of the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: gleaton.gwen@epa.gov

• Fax: (404) 562–8439 (prior to 

faxing, please notify the EPA contact 

listed below) 

• Mail: Send written comments to 

Gwen Gleaton at the address listed 

below. 

Instructions: Do not submit 

information that you consider to be CBI 

or otherwise protected through http://

www.regulations.gov, or e-mail. The 

federal regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your 

comments. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. 

You can view and copy Tennessee’s 

applications from 8 a.m. to 4:30 p.m. at 

the following addresses: Tennessee 

Department of Environment and 

Conservation, Division of Solid Waste 

Management, 5th Floor, L & C Tower, 

401 Church Street, Nashville, Tennessee 

37243–1535; and EPA, Region 4, 

Library, 9th Floor, The Sam Nunn 

Atlanta Federal Center, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303–

3104; (404) 562–8190.

FOR FURTHER INFORMATION CONTACT:

Gwen Gleaton, RCRA Services Section, 

RCRA Programs Branch, Waste 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, The Sam Nunn Atlanta 

Federal Center, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–3104; (404) 562–

8500.

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State 

Programs Necessary? 

States which have received Final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask EPA to authorize the 

changes. Changes to State programs may 

be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to EPA’s regulations in 40 Code 

of Federal Regulations (CFR) parts 124, 

260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in 

This Rule? 

We conclude that Tennessee’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Tennessee 

Final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Tennessee has 

responsibility for permitting Treatment, 

Storage, and Disposal Facilities (TSDFs) 

within its borders (except in Indian 

Country) and for carrying out the 

aspects of the RCRA program described 

in its revised program application, 

subject to the limitations of the 

Hazardous and Solid Waste 

Amendments of 1984 (HSWA). New 

Federal requirements and prohibitions 

imposed by Federal regulations that 

EPA promulgates under the authority of 

HSWA take effect in authorized States 

before they are authorized for the 

requirements. Thus, EPA will 

implement those requirements and 

prohibitions in Tennessee, including 

issuing permits, until the State is 

granted authorization to do so. 

C. What Is the Effect of Today’s 

Authorization Decision? 

The effect of this decision is that a 

facility in Tennessee subject to RCRA 

will now have to comply with the 

authorized State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. Tennessee 

has enforcement responsibilities under 

its State hazardous waste program for 

violations of such program, but EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Do inspections, and require 

monitoring, tests, analyses or reports 

• Enforce RCRA requirements and 

suspend or revoke permits 

• Take enforcement actions regardless 

of whether the State has taken its own 

actions 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which Tennessee are