Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Notices 71405

I. General Information 

A. Does this Action Apply to Me

This action is directed to the public 

in general, and may be of particular 

interest to persons who are concerned 

about implementation of the Pesticide 

Registration Improvement Act (PRIA), 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), and the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). Other potentially affected 

entities may include but are not limited 

to agricultural workers and farmers; 

pesticide industry trade associations; 

envrionmental, consumer and 

farmworker groups; pesticide users and 

growers; pest consultants; State, local 

and Tribal governments; academia; 

public health organizations; food 

processors; and the public. Since other 

entities may also be interested, the 

Agency has not attempted to describe all 

the specific entities that may be affected 

by this action. If you have anyquestions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Copies of this 

Document and Other Related 

Information?

1. Docket. EPA has established an 

official public docket for this action 

under docket identification (ID) number 

OPP–2004–0401. The official public 

docket consists of the documents 

specifically referenced in this action, 

any public comments received, and 

other information related to this action. 

Although a part of the official docket, 

the public docket does not include 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. The official public 

docket is the collection of materials that 

is available for public viewing 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. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

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

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

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

to view public comments, access the 

index listing of the contents of the 

official public docket, and to access 

those documents in the public docket 

that are available electronically. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. Once in 

the system, select ‘‘search,’’ then key in 

the appropriate docket ID number.

II. Background

The Office of Pesticide Programs 

(OPP) is entrusted with the 

responsibility of ensuring the safety of 

the American food supply, protection 

and education of those who apply or are 

exposed to pesticides occupationally or 

through use of products, and the general 

protection of the environment and 

special ecosystems from potential risks 

posed by pesticides.

PPDC was established under the 

Federal Advisory Committee Act 

(FACA), Public Law 92-463, in 

September 1995 for a 2-year term and 

has been renewed every 2 years since 

that time. PPDC provides advice and 

recommendations to OPP on a broad 

range of pesticide regulatory, policy, 

and program implementation issues that 

are associated with evaluating and 

reducing risks from use of pesticides. 

The following sectors are represented on 

the PPDC: Pesticide industry and trade 

associations; environmental/public 

interest and consumer groups; farm 

worker organizations; pesticide user, 

grower, and commodity groups; Federal 

and State/local/Tribal governments; the 

general public; academia; and public 

health organizations. Copies of the 

PPDC charter are filed with appropriate 

committees of Congress and the Library 

of Congress and are available upon 

request.

List of Subjects

Environmental protection, Pesticides 

and pests

Dated: November 30, 2004.

Martha Monell

Acting Director, Office of Pesticide Programs.

[FR Doc. 04–27033 Filed 12–8–04; 8:45 am] 

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY

[OPP–2004–0386; FRL–7687–8]

Amides, from acetic acid, C5–9 

carboxylic acids and 

diethylenetriamine ethyleneimine 

polymer; Notice of Filing a Pesticide 

Petition to Establish a Tolerance for a 

Certain Pesticide Chemical in or on 

Food

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces the 

initial filing of a pesticide petition 

proposing the establishment of 

regulations for residues of a certain 

pesticide chemical in or on various food 

commodities.

DATES: Comments, identified by docket 

identification (ID) number OPP–2004–

0386, must be received on or before 

January 10, 2005.

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. Follow 

the detailed instructions as provided in 

Unit I. of the SUPPLEMENTARY

INFORMATION.

FOR FURTHER INFORMATION CONTACT:

Bipin Gandhi, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8380; e-mail address: 

gandhi.bipin@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by 

this action if you an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to:

• Crop production (NAICS code 

111)

• Animal production (NAICS code 

112)

• Food manufacturing (NAICS code 

311)

• Pesticide manufacturing (NAICS 

code 32532)

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 

71406 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Notices 

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 Get Copies of this 

Document and Other Related 

Information?

1. Docket. EPA has established an 

official public docket for this action 

under docket ID number OPP–2004–

0386. The official public docket consists 

of the documents specifically referenced 

in this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public docket does 

not include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

The official public docket is the 

collection of materials that is available 

for public viewing 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.

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

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

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

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

to submit or view public comments, 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Although, not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. Once in 

the system, select ‘‘search,’’ then key in 

the appropriate docket ID number.

Certain types of information will not 

be placed in the EPA Dockets. 

Information claimed as CBI and other 

information whose disclosure is 

restricted by statute, which is not 

included in the official public docket, 

will not be available for public viewing 

in EPA’s electronic public docket. EPA’s 

policy is that copyrighted material will 

not be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. To the extent feasible, publicly 

available docket materials will be made 

available in EPA’s electronic public 

docket. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in 

EPA’s electronic public docket. 

Although, not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B. EPA 

intends to work towards providing 

electronic access to all of the publicly 

available docket materials through 

EPA’s electronic public docket.

For public commenters, it is 

important to note that EPA’s policy is 

that public comments, whether 

submitted electronically or on paper, 

will be made available for public 

viewing in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket.

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the docket will be 

scanned and placed in EPA’s electronic 

public docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in EPA’s 

electronic public docket along with a 

brief description written by the docket 

staff.

C. How and to Whom Do I Submit 

Comments?

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

docket ID number in the subject line on 

the first page of your comment. Please 

ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. If you 

wish to submit CBI or information that 

is otherwise protected by statute, please 

follow the instructions in Unit I.D. Do 

not use EPA Dockets or e-mail to submit 

CBI or information protected by statute.

1. Electronically. If you submit an 

electronic comment as prescribed in this 

unit, EPA recommends that you include 

your name, mailing address, and an email address or other contact 

information in the body of your 

comment. Also, include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. This ensures that you can be 

identified as the submitter of the 

comment and allows EPA to contact you 

in case EPA cannot read your comment 

due to technical difficulties or needs 

further information on the substance of 

your comment. EPA’s policy is that EPA 

will not edit your comment, and any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment.

i. EPA Dockets. Your use of EPA’s 

electronic public docket to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. Go directly to EPA Dockets 

at http://www.epa.gov/edocket/, and 

follow the online instructions for 

submitting comments. Once in the 

system, select ‘‘search,’’ and then key in 

docket ID number OPP–2004–0386. The 

system is an ‘‘anonymous access’’

system, which means EPA will not 

know your identity, e-mail address, or 

other contact information unless you 

provide it in the body of your comment.

ii. E-mail. Comments may be sent by 

e-mail to opp-docket@epa.gov, 

Attention: Docket ID number OPP–

2004–0386. In contrast to EPA’s 

electronic public docket, EPA’s e-mail 

system is not an ‘‘anonymous access’’

system. If you send an e-mail comment 

directly to the docket without going 

through EPA’s electronic public docket, 

EPA’s e-mail system automatically 

captures your e-mail address. E-mail 

addresses that are automatically 

captured by EPA’s e-mail system are 

included as part of the comment that is 

placed in the official public docket, and 

made available in EPA’s electronic 

public docket.

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in Unit I.C.2. These electronic 

submissions will be accepted in 

WordPerfect or ASCII file format. Avoid 

the use of special characters and any 

form of encryption.

2. By mail. Send your comments to: 

Public Information and Records 

Integrity Branch (PIRIB) (7502C), Office 

of Pesticide Programs (OPP), 

Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Notices 71407

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001, Attention: Docket ID 

number OPP–2004–0386.

3. By hand delivery or courier. Deliver 

your comments to: Public Information 

and Records Integrity Branch (PIRIB), 

Office of Pesticide Programs (OPP), 

Environmental Protection Agency, Rm. 

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

Arlington, VA, Attention: Docket ID 

number OPP–2004–0386. Such 

deliveries are only accepted during the 

docket’s normal hours of operation as 

identified in Unit I.B.1.

D. How Should I Submit CBI to the 

Agency?

Do not submit information that you 

consider to be CBI electronically 

through EPA’s electronic public docket 

or by e-mail. You may claim 

information that you submit to EPA as 

CBI by marking any part or all of that 

information as CBI (if you submit CBI 

on disk or CD ROM, mark the outside 

of the disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

CBI). Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2.

In addition to one complete version of 

the comment that includes any 

information claimed as CBI, a copy of 

the comment that does not contain the 

information claimed as CBI must be 

submitted for inclusion in the public 

docket and EPA’s electronic public 

docket. If you submit the copy that does 

not contain CBI on disk or CD ROM, 

mark the outside of the disk or CD ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person listed under 

FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare 

My Comments for EPA?

You may find the following 

suggestions helpful for preparing your 

comments:

1. Explain your views as clearly as 

possible.

2. Describe any assumptions that you 

used.

3. Provide copies of any technical 

information and/or data you used that 

support your views.

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide.

5. Provide specific examples to 

illustrate your concerns.

6. Make sure to submit your 

comments by the deadline in this 

notice.

7. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation.

II. What Action is the Agency Taking?

EPA has received a pesticide petition 

as follows proposing the establishment 

and/or amendment of regulations for 

residues of a certain pesticide chemical 

in or on various food commodities 

under section 408 of the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 21 

U.S.C. 346a. EPA has determined that 

this petition contains data or 

information regarding the elements set 

forth in FFDCA section 408(d)(2); 

however, EPA has not fully evaluated 

the sufficiency of the submitted data at 

this time or whether the data support 

granting of the petition. Additional data 

may be needed before EPA rules on the 

petition.

List of Subjects

Environmental protection, 

Agricultural commodities, Food 

additives, Pesticides and pests, 

Reporting and recordkeeping 

requirements.

Dated: November 30, 2004.

Lois Rossi,

Director, Registration Division, Office of 

Pesticide Programs.

Summary of Petition

The petitioner summary of the 

pesticide petition is printed below as 

required by FFDCA section 408(d)(3). 

The summary of the petition was 

prepared by the Cognis Corporation and 

represents the view of the petitioner. 

The petition summary announces the 

availability of a description of the 

analytical methods available to EPA for 

the detection and measurement of the 

pesticide chemical residues or an 

explanation of why no such method is 

needed.

Cognis Corporation

PP 4E6868

EPA has received a pesticide petition 

(4E6868) from Cognis Corporation, 4900 

Este Avenue, Cincinnati, OH 45234 

proposing, pursuant to section 408(d) of 

the FFDCA, 21 U.S.C. 346a(d), to amend 

40 CFR 180.960 to establish an 

exemption from the requirement of a 

tolerance for amides, from acetic acid, 

C5–9 carboxylic acids and 

diethylenetriamine-ethyleneimine 

polymer, (CAS Reg. No. 192230–19–6) 

in or on all raw agricultural 

commodities when used as an inert 

ingredient in the pesticide formulations. 

EPA has determined that the petition 

contains data or information regarding 

the elements set forth in section 

408(d)(2) of the FFDCA; however, EPA 

has not fully evaluated the sufficiency 

of the submitted data at this time or 

whether the data support granting of the 

petition. Additional data may be needed 

before EPA rules on the petition.

A. Residue Chemistry

1. Plant metabolism. Cognis is 

petitioning the Agency to exempt 

amides, from acetic acid, C5–9 

carboxylic acids and 

diethylenetriamine-ethyleneimine 

polymer from the requirement of a 

tolerance since this inert ingredient 

meets the exemption criteria for lowrisk polymers under 40 CFR 723.250. 

Consequently, plant metabolism data 

are not necessary.

2. Analytical method. Since the 

petitioner is requesting a tolerance 

exemption, an analytical method for 

residues of the polymer in or on food 

crops is not required.

B. Toxicological Profile

When it can be determined that an 

inert ingredient meets the definition of 

an exempt or low-risk polymer (40 CFR 

723.250) then the production of data is 

generally not required by EPA to 

establish a tolerance or an exemption 

from a tolerance. Cognis Corporation 

asserts that the data and information 

provided below are sufficient to 

establish the potential activity, toxicity 

and risks associated with amides, from 

acetic acid, C5–9 carboxylic acids and 

diethylenetriamine-ethyleneimine 

polymer as an inert ingredient when 

applied to growing crops or raw 

agricultural commodities. Further, in 

the case of chemical substances 

described as polymers, EPA has 

established criteria, which when they 

are met or exceeded, are considered 

low-risk. These criteria are described in 

40 CFR 723.250 and identify polymers 

that are relatively unreactive, stable, and 

typically not absorbed when compared 

to other chemical substances including 

some polymers.

The criteria described in 40 CFR 

723.250, and addressed below, will 

generally exclude polymer chemicals 

that are not well-known and 

understood, and potentially present a 

significant risk of adverse effects. 

Therefore, the polymers that meet or 

exceed these criteria can be considered 

minimal or negligible risk.

As presented below, amides, from 

acetic acid, C5–9 carboxylic acids and 

71408 Federal Register / Vol. 69, No. 236 / Thursday, December 9, 2004 / Notices 

diethylenetriamine-ethyleneimine 

polymer conforms to the definition of a 

low-risk polymer as described in 40 CFR 

723.250.

a. Amides, from acetic acid, C5–9 

carboxylic acids and 

diethylenetriamine-ethyleneimine 

polymer is not a cationic polymer, nor 

is it reasonably anticipated to become a 

cationic polymer in a natural aquatic 

environment.

b. Amides, from acetic acid, C5–9 

carboxylic acids and 

diethylenetriamine-ethyleneimine 

polymer contain as the integral part of 

its composition, the atomic elements of 

hydrogen, oxygen, nitrogen, and carbon.

c. Amides, from acetic acid, C5–9 

carboxylic acids and 

diethylenetriamine-ethyleneimine 

polymer do not contain as an integral 

part of its composition, except as 

impurities, any elements other than 

those listed in 40 CFR 723.250(d)(2)(ii).

d. Amides, from acetic acid, C5–9 

carboxylic acids and 

diethylenetriamine-ethyleneimine 

polymer are not designed nor 

reasonably anticipated to substantially 

depolymerize, degrade, or decompose.

e. Amides, from acetic acid, C5–9 

carboxylic acids and 

diethylenetriamine-ethyleneimine 

polymer are manufactured from 

monomers that are listed in the Toxic 

Substances Control Act (TSCA) 

Chemical Substance Inventory or 

manufactured under an applicable 

TSCA section 5 exemption.

f. Amides, from acetic acid, C5–9 

carboxylic acids and 

diethylenetriamine-ethyleneimine 

polymer are not a water absorbing 

polymer. 

g. Amides, from acetic acid, C5–9 

carboxylic acids and 

diethylenetriamine-ethyleneimine 

polymer do not contain any reactive 

functional groups.

h. The minimum number-average 

molecular weight of amides, from acetic 

acid, C5–9 carboxylic acids and 

diethylenetriamine-ethyleneimine 

polymer is approximately 1,400 daltons. 

Substances with molecular weights 

greater than 400 daltons are generally 

not absorbed through the intact skin, 

and substances with molecular weights 

greater than 1,000 daltons are generally 

not absorbed through the intact 

gastrointestinal (GI). Chemicals not 

absorbed through the GI tract are 

incapable of eliciting a toxic response 

via these routes of exposure.

i. Amides, from acetic acid, C5–9 

carboxylic acids and 

diethylenetriamine-ethyleneimine 

polymer contain less than 10% 

oligomeric material below molecular 

weight of 500 daltons and less than 25% 

oligomeric material below 1,000 

daltons.

C. Aggregate Exposure

1. Dietary exposure. Since amides, 

from acetic acid, C5–9 carboxylic acids 

and diethylenetriamine-ethyleneimine 

polymer are considered a low-risk 

polymer, there is a reasonable certainty 

of no harm from exposure to this 

polymer from food or drinking water or 

from aggregate exposure.

2. Non-dietary exposure. Since 

amides, from acetic acid, C5–9 

carboxylic acids and 

diethylenetriamine-ethyleneimine 

polymer are considered a low-risk 

polymer, there is a reasonable certainty 

of no harm from exposure to this 

polymer from non-dietary means.

D. Cumulative Effects

At this time, there is no information 

to indicate that any toxic effects 

produced by amides, from acetic acid, 

C5-9 carboxylic acids and 

diethylenetriamine-ethyleneimine 

polymer are cumulative with those of 

any other chemical. Given the 

compound’s categorization as a low-risk 

polymer, and its proposed use in 

pesticide formulations, there is no 

expectation of increased risk due to 

cumulative exposure.

E. Safety Determination

1. U.S. population. Since amides, 

from acetic acid, C5–9 carboxylic acids 

and diethylenetriamine-ethyleneimine 

polymer are considered a low-risk 

polymer, no adverse effects of concern 

to the U.S. population are expected.

2. Infants and children. Since amides, 

from acetic acid, C5–9 carboxylic acids 

and diethylenetriamine-ethyleneimine 

polymer are considered a low-risk 

polymer, no adverse effects of concern 

to either infants or children are 

anticipated.

F. International Tolerances

There are no Codex maximum residue 

levels established for residues of 

amides, from acetic acid, C5-9 

carboxylic acids and 

diethylenetriamine-ethyleneimine 

polymer in or on crops or commodities 

at this time.

[FR Doc. 04–27032 Filed 12–8–04; 8:45 am] 

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7846–3] 

Proposed CERCLA Section 122(h) 

Administrative Agreement for the 

Bayonne Barrel & Drum Site, Located 

in Newark, NJ

AGENCY: Environmental Protection 

Agency.

ACTION: Notice of Proposed 

Administrative Settlement and 

opportunity for public comment. 

SUMMARY: The United States 

Environmental Protection Agency (EPA) 

is proposing to enter into an 

administrative settlement to resolve 

certain claims under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980, as amended (CERCLA). Notice is 

being published to inform the public of 

the proposed settlement and of the 

opportunity to comment. 

The settlement requires thirty-seven 

(37) Settling Parties to make three 

payments to resolve their liability for 

EPA’s Past Response Costs, defined as 

those costs incurred through January 31, 

2003. The first payment, $500,000, is 

due within 30 days of the Agreement’s 

effective date. The second, $300,000, is 

due by January 31, 2005. The third and 

final payment is due within 540 days of 

the Agreement’s effective date, and will 

consist of the balance of the Past 

Response Costs, equal to $2,186,500, 

except that the last payment will be 

subject to reduction pursuant to EPA’s 

orphan share policy, based on the value 

of the work that the Settling Parties have 

performed and have committed to 

perform at the Site as of the due date of 

the final payment. For thirty (30) days 

following the date of publication of this 

notice, EPA will receive written 

comments relating to the settlement. 

EPA will consider all comments 

received and may modify or withdraw 

its consent to the settlement if 

comments received disclose facts or 

considerations that indicate that the 

proposed settlement is inappropriate, 

improper or inadequate. EPA’s response 

to any comments received will be 

available for public inspection at EPA 

Region II, 290 Broadway, New York, 

New York 10007–1866.

DATES: Comments must be submitted on 

or before January 10, 2005.

ADDRESSES: Comments should be 

addressed to Office of Regional Counsel, 

U.S. Environmental Protection Agency, 

17th Floor, 290 Broadway, New York, 

New York 10007–1866, and should 

reference: In the Matter of the Bayonne