48 Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Rules and Regulations 

(e) Enforcement. Any Coast Guard 

commissioned, warrant, or petty officer, 

and any other Captain of the Port 

representative permitted by law, may 

enforce this temporary security zone. 

Dated: December 21, 2007. 

Sally Brice-O’Hara, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fourteenth Coast Guard District. 

[FR Doc. E7–25496 Filed 12–31–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2007–1074, FRL–8504–8] 

Revisions to the California State 

Implementation Plan, Monterey Bay 

Unified Air Pollution Control District 

and San Joaquin Valley Air Pollution 

Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Monterey Bay Unified Air Pollution 

Control District (MBUAPCD) and San 

Joaquin Valley Air Pollution Control 

District (SJVAPCD) portions of the 

California State Implementation Plan 

(SIP). Under authority of the Clean Air 

Act as amended in 1990 (CAA or the 

Act), we are approving local rules that 

address circumvention, reduction of 

animal matter, and volatile organic 

compound (VOC) emissions from 

gasoline bulk storage tanks, gasoline 

filling stations, petroleum refinery 

equipment, and petroleum solvent dry 

cleaning. 

DATES: This rule is effective on March 3, 

2008 without further notice, unless EPA 

receives adverse comments by February 

1, 2008. If we receive such comment, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2007–1074, by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through http:// 

www.regulations.gov or e-mail. http:// 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

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. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Al 

Petersen, EPA Region IX, (415) 947– 

4118, petersen.alfred@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules and rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA recommendation to further improve 

a rule 

D. Public comment and final action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

adopted, amended, or revised by the 

local air agencies and submitted by the 

California Air Resources Board (CARB). 

TABLE 1.—SUBMITTED RULES FOR FULL APPROVAL

District Rule No. Rule title Adopted, amended, 

or revised Submitted 

MBUAPCD ... 415 Circumventions ...................................................................................................... 03/21/07 Revised .. 08/24/07 

MBUAPCD ... 418 Transfer of Gasoline into Stationary Storage Containers ..................................... 03/21/07 Revised .. 08/24/07 

MBUAPCD ... 1002 Transfer of Gasoline into Vehicle Fuel Tanks ....................................................... 03/21/07 Revised .. 08/24/07 

SJVUAPCD .. 4104 Reduction of Animal Matter ................................................................................... 12/17/92 Amended 08/24/07 

SJVUAPCD .. 4402 Crude Oil Production Sumps ................................................................................ 12/17/92 Amended 08/24/07 

SJVUAPCD .. 4404 Heavy Oil Test Station—Kern County .................................................................. 12/17/92 Adopted 08/24/07 

SJVUAPCD .. 4453 Refinery Vacuum Producing Devices or Systems ................................................ 12/17/92 Amended 08/24/07 

SJVUAPCD .. 4454 Refinery Process Unit Turnaround ........................................................................ 12/17/92 Amended 08/24/07 

SJVUAPCD .. 4625 Wastewater Separators ......................................................................................... 12/17/92 Amended 08/24/07 

SJVUAPCD .. 4641 Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations.12/17/92 Amended 08/24/07 

SJVUAPCD .. 4672 Petroleum Solvent Dry Cleaning Operations ........................................................ 12/17/92 Amended 08/24/07 


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Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Rules and Regulations 49 

On September 17, 2007, the submittal 

of August 24, 2007 was found to meet 

the completeness criteria in 40 CFR part 

51, appendix V, which must be met 

before formal EPA review. 

B. Are there other versions of these 

rules? 

We approved a version of MBUAPCD 

Rules 415, 418, and 1002 into the SIP on 

March 7, 2003 (68 FR 10966), May 24, 

2004 (69 FR 29451), and January 15, 

2004 (69 FR 2300), respectively. 

Some SIP versions of submitted 

SJVAPCD rules are old rules from the 

eight counties that now comprise 

SJVAPCD; other SIP versions are 

SJVAPCD rules that have been 

renumbered. These SIP-approved rules 

are described below. 

Precursor SIP rules for submitted 

SJVAPCD Rule 4104: 

• Fresno County Rule 414, Reduction 

of Animal Matter (approved on 

September 22, 1972, 37 FR 19812). 

• Kern County Rule 415, Reduction of 

Animal Matter (approved on September 

22, 1972, 37 FR 19812). 

• Kings County Rule 415, Reduction 

of Animal Matter (approved on 

September 22, 1972, 37 FR 19812). 

• Madera County Rule 421, Reduction 

of Animal Matter (approved on 

November 18, 1983, 48 FR 52450). 

• Merced County Rule 414, Reduction 

of Animal Matter (approved on 

September 22, 1972, 37 FR 19812). 

• San Joaquin County Rule 414, 

Reduction of Animal Matter (approved 

on August 22, 1977, 42 FR 42219). 

• Stanislaus County Rule 414, 

Reduction of Animal Matter (approved 

on September 22, 1972, 37 FR 19812). 

• Tulare County Rule 415, Reduction 

of Animal Matter (approved on 

September 22, 1972, 37 FR 19812). 

Precursor SIP rule for submitted 

SJVAPCD Rule 4402: 

• SJVAPCD Rule 465.2, Crude Oil 

Production Sumps (amended on 

September 19, 1991, approved on 

December 18, 1994, 59 FR 64132). 

Precursor SIP rules for submitted 

SJVAPCD Rule 4453: 

• Kern County Rule 414.2, Refinery 

Process Vacuum Producing Devices or 

Systems (approved on August 21, 1981, 

46 FR 42459). 

• Kings County Rule 414.2, Refinery 

Vacuum Producing Devices or Systems 

(approved on May 7, 1982, 47 FR 

19696). 

• San Joaquin County Rule 413.2, 

Refinery Vacuum Producing Devices 

(approved on May 7, 1982, 47 FR 

19696). 

Precursor SIP rules for submitted 

SJVAPCD Rule 4454: 

• Kern County Rule 414.3, Refinery 

Process Unit Turnaround (approved on 

August 21, 1981, 46 FR 42459). 

• Kings County Rule 414.3, Refinery 

Process Unit Turnaround (approved on 

May 7, 1982, 47 FR 19696). 

• San Joaquin County Rule 413.3, 

Refinery Process Unit Turnaround 

(approved on May 7, 1982, 47 FR 

19696). 

Precursor SIP rule for submitted 

SJVAPCD Rule 4625: 

• SJVAPCD Rule 463.4, Wastewater 

Separators (adopted on April 11, 1991, 

approved on May 13, 1993, 58 FR 

28354). 

Precursor SIP rule for submitted 

SJVAPCD Rule 4641: 

• SJVAPCD Rule 463.1, Cutback, 

Slow Cure, and Emulsified Asphalt, 

Paving and Maintenance Operations 

(amended on September 19, 1991, 

approved on June 24, 1992, 57 FR 

28089). 

Precursor SIP rule for submitted 

SJVAPCD Rule 4672: 

• SJVAPCD Rule 467.2, Petroleum 

Solvent Dry Cleaning Operations 

(adopted on April 11, 1991, approved 

on April 24, 1992, 57 FR 15026). 

There is no SIP rule for submitted 

SJVAPCD Rule 4404. 

C. What is the purpose of the submitted 

rules and rule revisions? 

Section 110(a) of the CAA requires 

states to submit regulations that control 

volatile organic compounds, oxides of 

nitrogen, particulate matter, and other 

air pollutants which harm human health 

and the environment. These rules were 

developed as part of the local agency’s 

program to control these pollutants. 

The purposes of revisions to 

MBUAPCD Rules 415, 418, and 1002 

relative to the SIP are as follows: 

• 415.3.2: Two provisions are added 

to ensure that source tests are performed 

as scheduled and not discontinued to 

avoid documentation of periods of 

noncompliance. 

• 418.3.6: A requirement is added for 

International Code Council (ICC) 

certification of vapor recovery 

installation personnel and vapor 

recovery test personnel for Phase I 

equipment. 

• 1002.1.3.4: An exemption from 

Phase II vapor recovery is added for 

facilities that have 90% of their vehicle 

fleet equipped with onboard refueling 

vapor recovery (ORVR). 

• 1002.3.8: A requirement is added 

for ICC certification of vapor recovery 

installation personnel and vapor 

recovery test personnel for Phase II 

equipment. 

The purposes of new SJVAPCD Rule 

4404 and amended Rules 4104, 4402, 

4453, 4454, 4625, 4641, and 4672 and 

their amendments are as follows: 

• 4104: The rule requires reducing air 

contaminants during the reduction of 

animal matter by setting a minimum 

exposure time of 0.3 seconds at 1200 

degrees Fahrenheit. The format of the 

rule is improved. 

• 4402: The rule requires limiting 

VOC emissions from sumps by the use 

of emission control devices. The format 

of the rule is improved, and the 

definition of VOC is deleted. 

• 4404: The rule requires reducing 

uncontrolled VOC emissions from a 

heavy oil test station by 99%. 

• 4453: The rule requires reducing 

VOC emissions from refinery vacuum 

producing devices by covering hotwells 

and collecting vapors for recycle to 

refinery gas or incineration. The format 

of the rule is improved. 

• 4454: The rule requires reducing 

VOC emissions from a refinery process 

unit turnaround by collecting vapors for 

recycle to refinery gas, incineration, or 

flaring. The format of the rule is 

improved. 

• 4625: The rule requires reducing 

VOC emissions from wastewater 

separators by installing covers or by the 

use of a vapor recovery system with a 

control efficiency of at least 90%. The 

format of the rule is improved, and the 

definition of VOC is deleted. 

• 4641: The rule requires reducing 

VOC emissions by prohibiting the 

application and manufacturing of 

certain types of asphalt used for paving 

and maintenance operations. The format 

of the rule is improved, and the 

definition of VOC is deleted. 

• 4672: The rule requires reducing 

VOC emissions from petroleum solvent 

dry cleaning operations through 

implementation of various good 

operating practices and with the use of 

emission control equipment. The format 

of the rule is improved. 

The TSD has more information about 

these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

CAA), must require Reasonably 

Available Control Technology (RACT) 

for each category of sources covered by 

a Control Techniques Guidelines (CTG) 

document as well as each major source 

in nonattainment areas (see section 

182(a)(2)), and must not relax existing 

requirements (see sections 110(l) and 

193). Gasoline dispensing sources in 

ozone nonattainment areas must have 

gasoline vapor recovery equipment (see 

section 182(a)(3)(A)). The MBUAPCD 


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50 Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Rules and Regulations 

regulates an ozone maintenance 

attainment area (see 40 CFR part 81) and 

must require the use vapor recovery 

equipment at gasoline dispensing 

facilities in order to retain its 

maintenance attainment status. The 

SJVAPCD regulates an ozone 

nonattainment area (see 40 CFR part 81) 

and must fulfill the requirements of 

RACT. 

Guidance and policy documents that 

we used to help evaluate specific 

enforceability and RACT requirements 

consistently include the following: 

1. Portions of the proposed post-1987 

ozone and carbon monoxide policy that 

concern RACT, 52 FR 45044 (November 

24, 1987). 

2. Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations, 

EPA (May 25, 1988). [The Bluebook]. 

3. Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies, EPA Region 9 (August 21, 

2001). [The Little Bluebook]. 

4. Suggested Control Measure for the 

Control of Organic Compound 

Emissions from Sumps Used in Oil 

Production Operation, California Air 

Resources Board (August 1988). 

5. Control of Refinery Vacuum 

Producing systems, Wastewater 

Separators, and Process Unit 

Turnarounds, U.S. EPA (October 1977). 

6. Control of VOC from the Use of 

Cutback Asphalt, U.S. EPA (December 

1977). 

7. Control of VOC Emissions from 

Large Petroleum Dry Cleaners, U.S. EPA 

(September 1982). 

B. Do the rules meet the evaluation 

criteria? 

There are no specific requirements for 

MBUAPCD Rule 415, but the revisions 

improve enforcement of other rules. The 

rule should be given full approval. We 

believe that MBUAPCD Rules 418 and 

1002 comply with the vapor recovery 

requirements for gasoline dispensing 

facilities and should be given full 

approval. 

We believe that SJVAPCD Rules 4104, 

4402, 4404, 4453, 4454, 4625, 4641, and 

4672 are consistent with the relevant 

policy and guidance regarding 

enforceability and SIP relaxations, fulfill 

the requirements of RACT, and should 

be given full approval. 

The TSD has more information on our 

evaluation. 

C. EPA recommendation to further 

improve a rule 

The TSD describes a recommended 

revision to SJVAPCD Rule 4404 that 

does not affect EPA’s current action but 

is recommended for the next time the 

local agency modifies the rule. 

D. Public comment and final action 

As authorized in section 110(k)(3) of 

the CAA, EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by February 1, 2008, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on March 3, 

2008. This will incorporate these rules 

into the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. Statutory and Executive Order 

Reviews 

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.). 

The Congressional Review Act, 5 

U.S.C. section 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 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. 


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Federal Register / Vol. 73, No. 1 / Wednesday, January 2, 2008 / Rules and Regulations 51 

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

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

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 March 3, 2008. 

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 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, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: November 16, 2007. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(351)(i)(B)(2), 

(B)(3), and (C) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(351) * * * 

(i) * * * 

(B) * * * 

(2) Rules 415 and 418, adopted on 

September 1, 1974 and revised on 

February 21, 2007 and March 21, 2007, 

respectively. 

(3) Rule 1002, adopted on February 

22, 1989 and revised on March 21, 2007. 

(C) San Joaquin Valley Air Pollution 

Control District. 

(1) Rules 4104, 4404, 4453, and 4454, 

adopted on May 21, 1992 and amended 

on December 17, 1992. 

(2) Rules 4402, 4625, 4641, and 4672, 

adopted on April 11, 1991 and amended 

on December 17, 1992. 

[FR Doc. E7–25103 Filed 12–31–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–0766; FRL–8345–4] 

RIN 2070–AJ28 

Pesticide Tolerance Crop Grouping 

Program; Technical Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: EPA issued a final rule in the 

Federal Register of December 7, 2007 

(72 FR 69150) (FRL–8343–1), 

concerning amendments and revisions 

to the pesticide tolerance crop grouping 

regulations. This document is being 

issued to correct an omission in one of 

the crop grouping tables and to remove 

unnecessary scientific names from 

another table. 

DATES: This final rule is effective 

January 2, 2008. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–0766. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

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 either in the electronic docket 

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

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The hours of 

operation of this Docket Facility are 

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: 

Rame Cromwell, Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460-0001; telephone 

number: 703-308-9068; fax number:703- 

305-5884; e-mail address: 

cromwell.rame@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 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. 

II. What Does this Technical 

Amendment Do? 

EPA issued a final rule in the Federal 

Register of December 7, 2007 (72 FR 

69150) (FRL–8343–1), concerning 

amendments and revisions to the 

pesticide tolerance crop grouping 

regulations. This document is being 

issued to correct an omission in the crop 

grouping table in § 180.41(c)(15)(ii) for 

Gooseberry, and to remove unnecessary 

scientific names from the crop group 21 

table in § 180.41(c)(22)(ii). 

III. Why is this Technical Amendment 

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 

amendment final without prior proposal 

and opportunity for comment, because 

this technical amendment merely adds 

two subgroup numbers which were 

inadvertently left out to one table, and 

removes unnecessary scientific 

nomenclature from another table. This 

technical amendment does not change 

the impact of the December 7, 2007 

document. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(B). 


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