Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 70895

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 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 control 

requirements for portable fuel 

containers 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)(229) to read as 

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(229) Revisions to the Pennsylvania 

Regulations, Chapter 130, Subchapter A 

pertaining to volatile organic compound 

control requirements for portable fuel 

containers 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 

the Pennsylvania regulations for 

portable fuel containers. 

(B) 25 Pa Code Chapter 130 

Subchapter A. Portable Fuel Containers, 

Sections 130.101–130.108, inclusive, 

effective on October 5, 2002. 

(ii) Additional Material. Remainder of 

the State submittal pertaining to the 

revisions listed in paragraph (c)(229)(i) 

of this section.

[FR Doc. 04–26941 Filed 12–7–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[R03–OAR–2004–PA–0004; FRL–7845–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; VOC Requirements for 

Consumer Products

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Pennsylvania State Implementation Plan 

(SIP). The revisions pertain to new 

control requirements to reduce volatile 

organic compounds (VOCs) from 

consumer products. EPA is approving 

these revisions in accordance with the 

requirements of the Clean Air Act 

(CAA).

DATES: This rule is effective on February 

7, 2005 without further notice, unless 

EPA receives adverse written comment 

by January 7, 2005. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect.

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R03–OAR–

2004–PA–0004 by one of the following 

methods: 

A. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Agency Web site: http://

www.docket.epa.gov/rmepub/ RME, 

EPA’s electronic public docket and 

comment system, is EPA’s preferred 

method for receiving comments. Follow 

the on-line instructions for submitting 

comments. 

C. E-mail: morris.makeba@epa.gov

D. Mail: R03–OAR–2004–PA–0004, 

Makeba Morris, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

E. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

RME ID No. R03–OAR–2004–PA–0004. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http://

www.docket.epa.gov/rmepub/, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through RME, 

regulations.gov or e-mail. The EPA RME 

and the Federal regulations.gov websites 

are an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through RME or regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. 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. 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. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the RME 

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

rmepub/. 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 RME or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103.

70896 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 

Copies of material to be incorporated by 

reference are available at the Air and 

Radiation Docket and Information 

Center, U.S. Environmental Protection 

Agency, 1301 Constitution Avenue, 

NW., Room B108, Washington, DC 

20460. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality, PO 

Box 8468, 400 Market Street, Harrisburg, 

Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT:

Cristina Fernandez, (215) 814–2178, or 

by e-mail at fernandez.cristina@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background 

In December 1999, EPA identified 

emission reduction shortfalls in several 

severe 1-hour ozone nonattainment 

areas, including those located in the 

Ozone Transport Region (OTR). States 

were required areas to address the 

shortfalls in those areas. The Ozone 

Transport Commission (OTC) developed 

model rules to for a number of source 

categories. One of the model rules is to 

reduce VOC emissions from consumer 

products. The OTC model rules are 

based on existing rules developed by the 

California Air Resources Board (CARB), 

which were analyzed and modified by 

OTC-formed workgroups to address 

emission reduction needs in the OTR. 

Adoption and implementation of these 

model rules by the OTR member states 

is intended to attain and maintain the 1-

hour ozone standard and reduce 8-hour 

ozone levels. 

II. Summary of SIP Revision 

On March 26, 2003, the Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted a formal revision to 

its SIP. The SIP revision consists of new 

regulation Chapter 130, Subchapter B. 

Consumer Products, Sections 130.201–

130.202, Sections 130.211 through 

130.216, Sections 130.331 through 

130.337, Sections 130.351–130.352, 

Sections 130.371 through 130.373, 

Sections 130.391–130.392, Sections 

130.411 through 130.414, Section 

130.431, Sections 130.451 through 

130.465, and Section 130.471. This 

regulation applies statewide to any 

person who sells, supplies, offers for 

sale, or manufactures consumer 

products on or after January 1, 2005, for 

use in the Commonwealth of 

Pennsylvania. This rule includes 

general provisions, VOC standards, 

provisions for exemptions, provisions 

for innovative products, administrative 

requirements, reporting requirements, 

provisions for variances, test methods, 

and provisions for alternative control 

plans for consumer products. 

III. Final Action 

EPA is approving a new Pennsylvania 

regulation, Chapter 130, Subchapter B. 

Consumer Products as a SIP 

strengthening measure. The 

Pennsylvania Consumer Products 

regulation’s VOC limits are all either as 

stringent or more stringent than the 

Federal Consumer Products regulation, 

and are, therefore, approvable. 

Implementation of this rule will result 

in statewide emission reductions, and 

will help the Philadelphia-WilmingtonTrenton ozone nonattainment area 

attain the 1-hour ozone standard. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on February 7, 2005 without 

further notice unless EPA receives 

adverse comment by January 7, 2005. If 

EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time.

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). This rule also does not 

have tribal implications because it will 

not have a substantial direct effect on 

one or more Indian tribes, 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 by Executive Order 13175 (65 

FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not 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 government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, 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. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

B. Submission to Congress and the 

Comptroller General 

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 

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