Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 18641 

[FR Doc. E9–9368 Filed 4–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2008–0683; FRL–8895–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Finding of Attainment for 

1-Hour Ozone for the MilwaukeeRacine, WI Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a July 28, 

2008, request from the Wisconsin 

Department of Natural Resources 

(WDNR) that EPA find that the 

Milwaukee-Racine, Wisconsin (WI) 

nonattainment area has attained the 

revoked 1-hour ozone National Ambient 

Air Quality Standard (NAAQS). 

DATES: This direct final rule will be 

effective June 23, 2009, unless EPA 

receives adverse comments by May 26, 

2009. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2008–0683, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2008– 

0683. 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.regulations.gov, 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 http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site 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 comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

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 docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

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

through Friday, excluding federal 

holidays. We recommend that you 

telephone Gilberto Alvarez, 

Environmental Scientist, at (312) 886– 

6143 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Gilberto Alvarez, Environmental 

Scientist, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6143, 

alvarez.gilberto@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What Is EPA Approving? 

II. What Is the Background for This Action? 

III. What Is the Impact of a December 22, 

2006, United States Court of Appeals 

Decision Regarding EPA’s Phase 1 Ozone 

Implementation Rule on This Rule? 

IV. Attainment Finding 

V. What Action Is EPA Taking? 

VI. Statutory and Executive Order Reviews 

I. What Is EPA Approving? 

EPA is approving a July 28, 2008, 

request from WDNR that EPA find that 

the Milwaukee-Racine, WI 

nonattainment area attained the revoked 

1-hour ozone NAAQS. 

II. What Is the Background for This 

Action? 

Under section 107(d)(1)(C) of the 

Clean Air Act (CAA), the MilwaukeeRacine, WI area was designated 

nonattainment for the 1-hour ozone 

NAAQS by operation of law upon 

enactment of the 1990 CAA 

amendments. Under section 181(a) of 

the CAA, each ozone area designated 

nonattainment under section 107(d) was 

also classified by operation of law as 

‘‘marginal,’’ ‘‘moderate,’’ ‘‘serious,’’ 

‘‘severe-15,’’ ‘‘severe-17’’, or ‘‘extreme,’’ 

depending on the severity of the area’s 

air quality problem and the number of 

years needed to reach attainment from 

the 1990 CAA amendments. These 

nonattainment designations and 

classifications were codified in Title 40 

of the Code of Federal Regulations (CFR) 

Part 81 (see 56 FR 56994, November 6, 

1991). 

The ozone design value for an area, 

which characterizes the severity of the 

air quality problem, is represented by 

the highest ozone design value at any of 

the individual ozone monitoring sites in 

the area. Table 1 in section 181(a) of the 

CAA provides the design value ranges 

for each nonattainment classification. 

Ozone nonattainment areas with design 

values between 0.190 parts per million 

(ppm) and 0.280 ppm for the three-year 

period, 1987–1989, were classified as 

severe-17. Because the MilwaukeeRacine, WI area’s 1988 ozone design 

value fell between 0.190 and 0.280 ppm, 

this area was classified as severe-17 

nonattainment for the 1-hour ozone 

NAAQS. Under section 182(c) of the 

CAA, states containing areas that were 

classified as severe-17 nonattainment 

were required to submit State 

Implementation Plans (SIPs) to provide 

for certain emission controls, to show 

progress toward attainment, and to 


tjames on PRODPC75 with RULES
18642 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 

provide for attainment of the ozone 

NAAQS as expeditiously as practicable, 

but no later than November 15, 2007. 

In 1997, EPA adopted a new 8-hour 

ozone NAAQS. The implementation 

rule for the standard, referred to as the 

Phase 1 Implementation Rule, was 

published on April 30, 2004 (69 FR 

23951). More detail on this rule and 

how it pertains to this action is 

provided below. 

III. What Is the Impact of a December 

22, 2006, United States Court of 

Appeals Decision Regarding EPA’s 

Phase 1 Ozone Implementation Rule on 

This Rule? 

On December 22, 2006, in South 

Coast Air Quality Management Dist. v. 

EPA, the U.S. Court of Appeals for the 

District of Columbia Circuit (the court) 

vacated the Phase 1 Implementation 

Rule for the 1997 8-hour ozone NAAQS 

(69 FR 23951, April 30, 2004). 472 F.3d 

882 (D.C. Cir. 2006). On June 8, 2007, 

in response to several petitions for 

rehearing, the court clarified that the 

Phase 1 Rule was vacated only with 

regard to those parts of the rule that had 

been successfully challenged. Id., 

Docket No. 04–1201. With respect to the 

challenges to the anti-backsliding 

provisions of the rule, the court vacated 

three provisions that would have 

allowed states to remove from the SIP or 

to not adopt three 1-hour obligations 

once the 1-hour ozone NAAQS was 

revoked to transition to the 

implementation of the 8-hour ozone 

NAAQS: (1) Nonattainment area new 

source review (NSR) requirements based 

on an area’s 1-hour nonattainment 

classification; (2) section 185 penalty 

fees for 1-hour severe or extreme 

nonattainment areas that fail to attain 

the 1-hour ozone NAAQS by the 1-hour 

attainment date; and (3) measures to be 

implemented pursuant to section 

172(c)(9) or 182(c)(9) of the CAA, on the 

contingency of an area not making 

reasonable further progress toward 

attainment of the 1-hour ozone NAAQS 

or for failure to attain the 1-hour ozone 

NAAQS. The court clarified that 1-hour 

conformity determinations are not 

required for anti-backsliding purposes. 

The provisions in 40 CFR 51.905(a)– 

(c) concerning anti-backsliding remain 

in effect and areas must continue to 

meet those requirements. However, the 

three provisions noted above, which are 

specified in 40 CFR 51.905(e), were 

vacated by the court. As a result, states 

must continue to meet: (1) The 

obligations for 1-hour NSR; (2) 1-hour 

contingency measures; and, (3) for 

severe and extreme areas, the 

obligations related to a section 185 fee 

program. Currently, EPA is developing 

two proposed rules to address the 

court’s vacatur and remand with respect 

to these three requirements. We address 

below how the 1-hour obligations that 

currently continue to apply under EPA’s 

anti-backsliding rule (as interpreted by 

the court) apply where EPA has made a 

determination that the area attained the 

1-hour ozone NAAQS by its attainment 

date. 

Therefore, of the three provisions 

vacated by the court, today’s action 

addresses two of them using existing 

policy: Section 185 penalty fees and 

contingency measures. The third issue, 

NSR requirements, will be addressed in 

a separate agency rulemaking which is 

currently under development. 

IV. Attainment Finding 

In 1991, the Milwaukee-Racine, WI 

area was classified as severe-17 for the 

1-hour ozone NAAQS. The area consists 

of the following counties: Milwaukee, 

Waukesha, Washington, Ozaukee, 

Kenosha, and Racine. 

An area is considered to have attained 

the 1-hour ozone NAAQS if there are no 

violations of the standard, as 

determined in accordance with the 

regulation codified at 40 CFR 50.9, 

based on three consecutive calendar 

years of complete, quality-assured 

monitoring data. A violation occurs 

when the ozone air quality monitoring 

data show greater than one (1.0) average 

expected exceedance per year at any site 

in the area. An exceedance occurs when 

the maximum hourly ozone 

concentration during any day exceeds 

0.124 ppm. The data should be collected 

and quality-assured in accordance with 

40 CFR part 58, and recorded in the Air 

Quality System so that they are 

available to the public for review. 

The finding of attainment for the 

Milwaukee-Racine, WI area is based on 

an analysis of 1-hour ozone air quality 

data from three separate three-year 

periods including 2003–2005, 2004– 

2006, and 2005–2007. Table 1 below 

summarizes these data. 

TABLE 1—1-HOUR OZONE VIOLATION ASSESSMENT AT MONITORING SITES IN THE MILWAUKEE-RACINE, WI AREA (2003– 

2007) 

Site code County Site 

Number 

2003–2005 

exceedances 

Number 

2004–2006 

exceedances 

Number 

2005–2007 

exceedances 

In violation? 

55–059–0019 .................. Kenosha .......................... Pleasant Prairie .............. 0 0 0 No. 

55–079–0010 .................. Milwaukee ....................... 16th St Health Center ..... a 0 0 0 No. 

55–079–0026 .................. Milwaukee ....................... SER–HQ ......................... 1 1 1 No. 

55–079–0041 .................. Milwaukee ....................... UWM North ..................... 2 2 2 No. 

55–079–0044 .................. Milwaukee ....................... Appleton Avenue ............ 0 (b) (b) No. 

55–079–0085 .................. Milwaukee ....................... Bayside ........................... 2 2 2 No. 

55–089–0008 .................. Ozaukee ......................... Grafton ............................ 1 1 1 No. 

55–089–0009 .................. Ozaukee ......................... Harrington Beach ............ 2 1 1 No. 

55–101–0017 .................. Racine ............................. Racine ............................. 0 0 0 No. 

55–131–0009 .................. Washington ..................... Slinger ............................. 0 0 0 No. 

55–133–0017 .................. Waukesha ....................... Carroll College ................ 0 (c) (c) No. 

55–133–0027 .................. Waukesha ....................... Cleveland Avenue .......... (d) 0 0 No. 

Notes: 

a Data completeness at 55–079–0010 in 2003 was 62%. This does not meet US EPA’s 75% completeness criterion. Hence, the 3rd high 

ozone value was used to determine the design value for 2003–2005. That value is 0.097 ppm. bThe ozone monitor at Appleton Avenue in Milwaukee (55–079–0044) was removed from service after the 2005 monitoring season. Therefore 

a violation determination can be made only for the period 2003–2005. cThe Carroll College site (55–133–0017) was shut down after the 2005 ozone monitoring season because the building where the monitor was 

located was razed. dOzone monitoring at the Cleveland Avenue site (55–133–0027) began in 2004. A violation assessment cannot be completed for 2003–2005 

due to the lack of data. 


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Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 18643 

1EPA remains obligated under section 181(b)(2) 

to determine whether an area attained the 1-hour 

ozone NAAQS by its attainment date. However, 

after the revocation of the 1-hour ozone NAAQS, 

EPA is no longer obligated to reclassify an area to 

a higher classification for the 1-hour ozone NAAQS 

based upon a determination that the area failed to 

attain the 1-hour ozone NAAQS by the area’s 

attainment date for the 1-hour ozone NAAQS. (40 

CFR section 51.905(e)(2)(i)(B). Thus, even if we 

make a finding that an area has failed to attain the 

1-hour ozone NAAQS by its attainment date, the 

area would not be reclassified to a higher 

classification. 

Based on ambient ozone season 

(April–October) 1-hour ozone air quality 

data for these three-year periods, EPA is 

approving a request to find that the 

Milwaukee-Racine, WI area attained the 

1-hour ozone NAAQS prior to its 

attainment deadline of November 15, 

2007. An analysis of preliminary, nonquality assured data for 2008 indicates 

that the area continues to attain the 

1-hour ozone NAAQS. 

V. What Action Is EPA Taking? 

EPA is approving a July 28, 2008 

request from WDNR that EPA find that 

the Milwaukee-Racine, WI 

nonattainment area attained the revoked 

1-hour ozone NAAQS. Under Section 

181(b)(2) of the CAA, EPA must 

determine whether ozone 

nonattainment areas have attained the 

ozone NAAQS by their attainment date. 

This determination must be based on 

the area’s design value as of the 

attainment date.1

Because the area has attained the 1- 

hour ozone NAAQS by the applicable 

attainment date, it is not subject to the 

requirement to implement contingency 

measures for failure to attain the 

standard by its attainment date. Since 

the area has met its attainment deadline, 

even if the area subsequently lapses into 

nonattainment, it would not be required 

to implement the contingency measures 

for failure to attain the standard by its 

attainment date. 

If a severe or extreme 1-hour ozone 

nonattainment area attains by its 

attainment date, it would not be 

required to implement the section 185 

penalty fees program. Section 185(a) of 

the CAA states that a severe or extreme 

ozone nonattainment area must 

implement a program to impose fees on 

certain stationary sources of air 

pollution if the area ‘‘has failed to attain 

the national primary ambient air quality 

standard for ozone by the applicable 

attainment date.’’ Consequently, if such 

an area has attained the standard by its 

applicable attainment date, even if it 

subsequently lapses into nonattainment, 

the area would not be required to 

implement the section 185 penalty fees 

program. Because EPA finds that the 

area has attained the 1-hour ozone 

NAAQS by its applicable attainment 

date, we also find that the area is not 

subject to the imposition of the section 

185 penalty fees. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective June 23, 2009 without further 

notice unless we receive relevant 

adverse written comments by May 26, 

2009. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. If we do not receive any 

comments, this action will be effective 

June 23, 2009. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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. EPA will submit a 

report containing this action 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

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

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 23, 2009. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 


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18644 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Rules and Regulations 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action 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, Intergovernmental relations, 

Ozone. 

Dated: April 9, 2009. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

■ 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 YY—Wisconsin 

■ 2. Section 52.2585 is amended by 

adding paragraph (v) to read as follows: 

§ 52.2585 Control Strategy: Ozone. 

* * * * * 

(v) On July 28, 2008, the Wisconsin 

Department of Natural Resources 

requested that EPA find that the 

Milwaukee-Racine, WI nonattainment 

area, attained the revoked 1-hour ozone 

National Ambient Air Quality Standard 

(NAAQS). After review of this 

submission, EPA approves this request. 

[FR Doc. E9–9364 Filed 4–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0526; FRL–8411–9] 

Penoxsulam; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of penoxsulam in 

or on almond hulls; grape; nut, tree, 

group 14; and pistachio. Dow 

AgroSciences, LLC., requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective April 

24, 2009. Objections and requests for 

hearings must be received on or before 

June 23, 2009, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0526. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Philip V. Errico, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–6663; e-mail address: 

errico.philip@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 those engaged in the 

following activities: 

• 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 to provide 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? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

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

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

cite at http://www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2008–0526 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

as required by 40 CFR part 178 on or 

before June 23, 2009. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit this copy, 

identified by docket ID number EPA– 

HQ–OPP–2008–0526, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 


tjames on PRODPC75 with RULES