Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Rules and Regulations 57447 

1According to Subsection 62–302.400(1), Florida 

Administrative Code (F.A.C.): 

Class I Potable Water Supplies. 

Class III Fish Consumption; Recreation, 

Propagation and Maintenance of a Healthy, WellBalanced Population of Fish and Wildlife. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart D—Arizona 

■ 2. Section 52.120 is amended by 

adding paragraph (c)(163) to read as 

follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(163) The following plan was 

submitted on August 27, 2012 by the 

Governor’s Designee. 

(i) Incorporation by Reference. 

(A) Maricopa County Air Quality 

Department. 

(1) Rule 313, ‘‘Incinerators, Burn-Off 

Ovens and Crematories,’’ revised May 9, 

2012. 

* * * * * 

[FR Doc. 2014–22743 Filed 9–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2009–0596; FRL–9916–62– 

OW] 

RIN 2040–AF50 

Water Quality Standards for the State 

of Florida’s Lakes and Flowing Waters; 

Withdrawal 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing its 

withdrawal of federal water quality 

standards applicable to waters of the 

state of Florida now that Florida has 

adopted and EPA has approved relevant 

state standards. On December 6, 2010, 

EPA published a rule finalizing numeric 

nutrient standards for Florida’s lakes, 

springs, and flowing waters outside of 

the South Florida Nutrient Watershed 

Region. The EPA established these 

water quality standards to protect 

Florida’s Class I and III freshwaters from 

nitrogen and phosphorus pollution. On 

November 30, 2012, June 27, 2013, and 

September 26, 2013, EPA approved 

numeric nutrient standards adopted by 

the state of Florida for certain waters in 

the state. 

Some of the water body types and 

provisions covered by state-adopted 

water quality standards were also 

included in EPA’s final inland waters 

rule (criteria for Florida’s lakes and 

springs, approaches to protect 

downstream lakes, and a provision for 

developing Site-Specific Alternative 

Criteria). The EPA is now withdrawing 

the overlapping federally-promulgated 

water quality standards to allow Florida 

to implement its state-adopted, EPAapproved water quality standards to 

address nutrient pollution in Florida’s 

waters. Additionally, this rule serves as 

final notice that EPA is not finalizing 

three 2012 federal proposed rules 

related to nutrient pollution in Florida. 

DATES: This final rule is effective on 

October 27, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–OW–2009–0596. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information of which 

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 through 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA West Room 

3334, 1301 Constitution Avenue NW, 

Washington, DC 20004, Attention: 

Docket ID No. EPA–HQ–OW–2009– 

0596. The Office of Water (OW) Docket 

Center is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The OW Docket Center 

telephone number is 202–566–1744. 

The Public Reading Room is open from 

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

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is 202–566–1744. 

FOR FURTHER INFORMATION CONTACT: For 

information concerning this rulemaking, 

contact: Erica Fleisig, U.S. EPA, Office 

of Water, Mailcode 4305T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460; telephone number 202–566– 

1057; email address: fleisig.erica@

epa.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is organized as follows: 

I. General Information 

A. Which water bodies are affected by this 

action? 

B. What entities may be affected by this 

action? 

C. How can I get copies of this document 

and other related information? 

II. Background 

A. Background on EPA’s Inland Rule, 

Amended Determinations, and Approval 

of State Criteria 

B. 2014 District Court Ruling and 

Modification of Consent Decree 

C. Summary of and Response to Public 

Comments on the Proposed Rule 

D. Withdrawal of Federal Criteria for 

Lakes, Springs, and DPVs 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866 (Regulatory 

Planning and Review) and Executive 

Order 13563 (Improving Regulation and 

Regulatory Review) 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132 (Federalism) 

F. Executive Order 13175 (Consultation 

and Coordination With Indian Tribal 

Governments) 

G. Executive Order 13045 (Protection of 

Children From Environmental Health 

and Safety Risks) 

H. Executive Order 13211 (Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use) 

I. National Technology Transfer 

Advancement Act of 1995 

J. Executive Order 12898 (Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations) 

K. Congressional Review Act 

I. General Information 

A. Which water bodies are affected by 

this action? 

In this final rule, EPA is withdrawing 

federally promulgated water quality 

standards (WQS) from a group of inland 

waters of the United States within 

Florida. Specifically, as defined below 

and in EPA’s December 6, 2010 final 

inland waters rule (40 CFR 131.43), EPA 

is withdrawing the federal criteria for 

Florida’s Class I and III 1 freshwater 

lakes and springs, as well as 

downstream protection values (DPVs) to 

protect downstream lakes and a 

provision for developing site-specific 

alternative criteria (SSAC) in all water 

bodies. 

The EPA’s final inland waters rule 

defined ‘‘Predominantly fresh waters’’ 

to mean surface waters in which the 

chloride concentration at the surface is 

less than 1,500 milligrams per liter (mg/ 

L). The EPA defined ‘‘Lake’’ as a slowmoving or standing body of freshwater 

that occupies an inland basin that is not 

a stream, spring, or wetland. Finally, 

EPA defined ‘‘Spring’’ as a site at which 

ground water flows through a natural 


tkelley on DSK3SPTVN1PROD with RULES
57448 Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Rules and Regulations 

2EPA defined the South Florida Nutrient 

Watershed Region as the area south of Lake 

Okeechobee, the Caloosahatchee River watershed 

(including Estero Bay) to the west of Lake 

Okeechobee, and the St. Lucie watershed to the east 

of Lake Okeechobee. 

opening in the ground onto the land 

surface or into a body of surface water. 

B. What entities may be affected by this 

action? 

This action withdraws federal WQS 

applicable to certain waters in Florida 

for which the state has adopted criteria 

that EPA has determined are consistent 

with the Clean Water Act (CWA) and 

EPA’s implementing regulations. 

Citizens concerned with water quality, 

as well as the state of Florida, may be 

interested in this rulemaking. Also, 

entities discharging nitrogen or 

phosphorus to waters of Florida may be 

interested in this rulemaking because 

WQS are used in determining National 

Pollutant Discharge Elimination System 

(NPDES) permit limits. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed in the preceding FOR

FURTHER INFORMATION CONTACT section. 

C. How can I get copies of this 

document and other related 

information? 

1. Docket. The EPA has established an 

official public docket for this action 

under Docket Id. No. EPA–HQ–OW– 

2009–0596. The official public docket 

consists of the document 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 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 

OW Docket, William Jefferson Clinton 

West, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC 20004. This 

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

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (202) 566–2426. A 

reasonable fee will be charged for 

copies. 

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.regulations.gov to view 

public comments, access the index 

listing of the contents of the official 

public docket, and access those 

documents in the public docket that are 

available electronically. For additional 

information about EPA’s public docket, 

visit the EPA Docket Center homepage 

at http://www.epa.gov/epahome/

dockets.htm. 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 Section I.C(1). 

II. Background 

A. Background on EPA’s Inland Rule, 

Amended Determinations, and 

Approval of State Criteria 

On December 6, 2010, pursuant to a 

January 14, 2009 EPA determination 

and December 30, 2009 consent decree, 

EPA published the inland waters rule to 

establish numeric nutrient criteria for 

Florida’s lakes, springs, and flowing 

waters outside of the South Florida 

Nutrient Watershed Region 2. These 

criteria also included three approaches 

for deriving DPVs, applicable to flowing 

waters at the point where they enter 

downstream lakes, which would ensure 

protection of downstream lakes as 

required by EPA’s implementing 

regulations (40 CFR 131.10(b)). 

On November 30, 2012, EPA amended 

its January 14, 2009 determination 

stating that numeric criteria for 

downstream protection are not 

necessary to meet CWA requirements in 

Florida. With the additional 

clarification provided in Florida’s 

‘‘Implementation of Florida’s Numeric 

Nutrient Standards’’ rule-referenced 

document on the scope of waters 

covered by state-adopted numeric 

nutrient criteria, EPA amended its 

January 2009 determination for a second 

time on June 28, 2013, concluding that 

numeric nutrient criteria are not 

necessary for a limited number of waters 

in the state of Florida (specifically, 

flowing waters in the South Florida 

Region, marine lakes, tidally-influenced 

flowing waters, and conveyances 

primarily used for water management 

purposes with marginal or poor stream 

habitat components). 

These actions, coupled with EPA’s 

November 30, 2012, June 27, 2013, and 

September 26, 2013 approvals of 

Florida’s numeric nutrient criteria, 

result in Florida having EPA-approved 

numeric nutrient criteria for all fresh 

water lakes, springs, estuaries and 

coastal waters, and the majority of 

flowing waters in the state. 

B. 2014 District Court Ruling and 

Modification of Consent Decree 

On January 7, 2014, the U.S. District 

Court for the Northern District of 

Florida granted an EPA motion to 

modify the consent decree (Case No. 

4:08-cv-324–RH, Florida Wildlife Fed’n 

v. McCarthy, 2014 WL 51360 (N.D. Fla. 

Jan. 7, 2014)). As a result of this ruling, 

EPA is no longer obligated to 

promulgate numeric nutrient criteria for 

any of Florida’s waters, and will, 

therefore, not be finalizing its November 

30, 2012 federal proposed rules 

addressing Florida’s estuaries and 

coastal waters, inland waters in the 

South Florida Nutrient Watershed 

Region, and the remanded portions of 

the inland waters rule (77 FR 74923 and 

77 FR 74985, December 18, 2012). In 

addition, EPA will no longer be 

finalizing its December 14, 2012 

proposal to temporarily stay portions of 

the inland waters rule. The EPA can 

now withdraw already promulgated 

federal criteria so Florida’s nutrient 

criteria can take effect. 

For more specifics on the Agency and 

court actions leading to this rule, refer 

to the following: 

EPA Determination Regarding Florida and 

Consent Decree: http://water.epa.gov/

lawsregs/rulesregs/florida_consent.cfm 

Florida Adoption of Numeric Nutrient 

Criteria in 2012 and EPA Approval: 

http://www2.epa.gov/aboutepa/epa-florida 

EPA’s 2012 Proposed Rulemaking: http://

water.epa.gov/lawsregs/rulesregs/florida_

index.cfm 

2013 EPA and FDEP Agreement in Principle 

and Path Forward: http://

content.govdelivery.com/bulletins/gd/

FLDEP–713cfb 

C. Summary of and Response to Public 

Comments on the Proposed Rule 

The EPA received 12 comments on 

the proposed withdrawal of federal 

criteria for lakes, springs, and 

downstream protection values for the 

state of Florida (79 FR 18494, April 2, 

2014). Eight of the commenters 

supported the proposal to withdraw 

federal water quality standards in 

Florida, arguing: (a) The primacy for 

establishing water quality standards lies 

with the states, (b) EPA’s approval of 

Florida’s water quality standards 

eliminates the need for federal 

standards, and (c) the U.S. District 

Court’s January 7, 2014 order relieves 

EPA of the obligation to finalize 

numeric nutrient criteria within the 

state of Florida. 

The EPA agrees that the basis to 

withdraw (and not finalize) federal 

numeric nutrient criteria in the state of 

Florida is justified by the following: (1) 

EPA’s November 30, 2012, June 27, 

2013, and September 26, 2013 approvals 

of Florida-adopted numeric nutrient 

criteria and other water quality 

standards, (2) EPA’s November 30, 2012 


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Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Rules and Regulations 57449 

and June 28, 2013 amended Clean Water 

Act section 303(c)(4)(B) determinations, 

and (3) the U.S. District Court’s January 

7, 2014 order modifying the consent 

decree to relieve EPA of the obligation 

to finalize numeric nutrient criteria for 

various waters in Florida. These three 

items are described in more detail in 

sections II.A and II.B of this rule. 

The EPA received four comments 

requesting that federal water quality 

standards for nutrients remain in effect 

in the state of Florida, stating that 

aquatic resources in the state have 

experienced detrimental effects 

resulting from nitrogen and phosphorus 

pollution and Florida’s water quality 

standards will be insufficient to address 

the problem. The EPA disagrees that 

federal numeric nutrient standards are 

necessary now that Florida has adopted 

and EPA has approved state standards 

to address nitrogen and phosphorus 

pollution. The Clean Water Act assigns 

to the states the primary authority for 

setting water quality standards. The 

EPA’s role is largely one of oversight, in 

which it reviews and approves or 

disapproves a state’s new or revised 

water quality standards as they are 

adopted and submitted to EPA. Florida 

now has state-adopted, EPA-approved 

criteria for lakes and springs that are 

applicable for Clean Water Act 

purposes. Thus there is no need for 

overlapping federal criteria for such 

waters. 

One comment requested that EPA not 

relinquish oversight authority of 

Florida’s water quality standards. 

Withdrawal of EPA’s federal water 

quality standards does not mean that 

EPA is relinquishing its Clean Water Act 

oversight authority in Florida. Under 

section 303(d) of the Clean Water Act, 

monitoring data as well as other 

information must be used by the states 

every two years to develop a list of 

waters that will not meet water quality 

standards for a particular pollutant. The 

EPA reviews and approves or 

disapproves state 303(d) lists, and tracks 

impaired waters nationally. Similarly, 

Florida controls water pollution by 

issuing National Pollutant Discharge 

Elimination System (NPDES) permits to 

point sources that discharge pollutants 

into waters of the United States. The 

EPA retains oversight authority for such 

permits, pursuant to section 402(d) of 

the CWA and 40 CFR 123.44(a), 

including the authority to review and 

comment on the permits before they are 

finalized. 

One commenter argued that EPA 

should not withdraw its federal 

standards because the U.S. District 

Court’s January 7, 2014 ruling on the 

modification of the 2009 consent decree 

has been appealed to the U.S. Circuit 

Court for the 11th Circuit. The EPA 

recognizes that a decision from the 

Court of Appeals may affect that District 

Court decision and may make it 

necessary for the Agency to reconsider 

its obligations pursuant to the original 

January 14, 2009 necessity 

determination and ensuing consent 

decree entered by the U.S. District Court 

on December 30, 2009. 

Finally, several of the 12 comment 

letters that EPA received on this rule 

included comments and attachments 

that addressed the content, scope, or 

protectiveness of Florida’s water quality 

standards. These comments are directed 

at whether EPA should have reached the 

decisions that serve, in part, as the basis 

for EPA withdrawing its federal water 

quality standards in Florida. The EPA 

considered substantially similar issues 

as those raised in the comments in 

deciding to approve Florida’s new or 

revised water quality standards and to 

amend its Clean Water Act section 

303(c)(4)(B) determination. Since these 

comments address EPA’s underlying 

decisions, rather than whether EPA 

should withdraw its federal standards in 

light of those decisions, the comments 

are outside the scope of this action and, 

therefore, EPA did not address them. 

D. Withdrawal of Federal Criteria for 

Lakes, Springs, and DPVs 

Florida now has state-adopted, EPAapproved criteria for lakes and springs 

that are applicable for CWA purposes. 

Thus there is no need for overlapping 

federal criteria for such waters. With 

respect to federal DPVs, EPA 

determined on November 30, 2012 that 

numeric criteria for downstream 

protection are not necessary in Florida 

and that same day approved Florida’s 

quantitative downstream protection 

approach. Finally, since Florida has its 

own process for developing SSAC, a 

federal SSAC process is unnecessary. 

Thus, EPA is withdrawing the federal 

criteria for lakes and springs and federal 

DPVs that took effect on January 6, 

2013, and the federal SSAC provision 

that went into effect on February 4, 

2011. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 (Regulatory 

Planning and Review) and Executive 

Order 13563 (Improving Regulation and 

Regulatory Review) 

This action 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 review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This rule does not impose any new 

information-collection burden because 

it is administratively withdrawing 

federal requirements that are no longer 

needed in Florida. It does not include 

any information-collection, reporting, or 

recordkeeping requirements. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule 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 a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201 (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this rule on small entities, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This rule will not impose any 

requirements on small entities. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for state, local, or tribal 

governments or the private sector. The 

action imposes no enforceable duty on 

any state, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 or 205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

rule removes federally-promulgated 

water quality standards addressing 

nutrient pollution in Florida in order to 

allow Florida to implement its stateVerDate Sep<11>2014 15:22 Sep 24, 2014 Jkt 232001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\25SER1.SGM 25SER1

tkelley on DSK3SPTVN1PROD with RULES
57450 Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Rules and Regulations 

adopted, EPA-approved water quality 

standards. 

E. Executive Order 13132 (Federalism) 

This action does not have federalism 

implications. It will 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. This rule 

removes federally-promulgated water 

quality standards addressing nutrient 

pollution in Florida in order to allow 

Florida to implement its state-adopted, 

EPA-approved water quality standards. 

Thus, Executive Order 13132 does not 

apply to this action. 

F. Executive Order 13175 (Consultation 

and Coordination With Indian Tribal 

Governments) 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This rule imposes no regulatory 

requirements or costs on any tribal 

government. It does not have substantial 

direct effects on tribal governments, the 

relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes. Thus, 

Executive Order 13175 does not apply 

to this action. 

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 as defined in 

Executive Order 12866 and because the 

environmental health or safety risks 

addressed by this action do not present 

a disproportionate risk to children. 

H. Executive Order 13211 (Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use) 

This action is not subject to Executive 

Order 13211 (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 of 1995 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities, 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898—Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this rule will 

not have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because: (1) Florida’s WQS 

apply to waters across the state, and 

thus this action will not 

disproportionately affect any one group 

over another, and (2) EPA has 

previously determined, based on the 

most current science, that Florida’s 

adopted and EPA-approved criteria are 

protective of human health and aquatic 

life. 

K. 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. The 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. 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). This rule will be effective on 

October 27, 2014. 

List of Subjects in 40 CFR Part 131 

Environmental protection, Florida, 

Nitrogen and phosphorus pollution, 

Numeric nutrient criteria, Nutrients, 

Water quality standards. 

Dated: September 17, 2014. 

Gina McCarthy, 

Administrator. 

For the reasons set out in the 

preamble, 40 CFR part 131 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. 

Subpart D—Federally Promulgated 

Water Quality Standards 

§ 131.43 [Removed] 

■ 2. Remove § 131.43. 

[FR Doc. 2014–22835 Filed 9–24–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0268; FRL–9915–78] 

Thiabendazole; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of thiabendazole 

in or on multiple commodities which 

are identified and discussed later in this 

document. Syngenta Crop Protection, 

LLC., requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective 

September 25, 2014. Objections and 

requests for hearings must be received 

on or before November 24, 2014, 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: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2013–0268, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 


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