49498 Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Rules and Regulations 

types of rules: (1) Rules of particular 

applicability; (2) rules relating to agency 

management or personnel; and (3) rules 

of agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 5 U.S.C. 804(3). EPA is not 

required to submit a rule report 

regarding today’s action under section 

801 because this is a rule of particular 

applicability establishing sourcespecific requirements for five named 

sources. 

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 October 24, 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 approving source-specific 

VOC and NOX RACT requirements for 

five sources in the Commonwealth of 

Pennsylvania 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, Nitrogen dioxide, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds.

Dated: August 17, 2005. 

Donald S. Welsh, 

Regional Administrator, Region III.

n 40 CFR part 52 is amended as follows:

PART 52—[AMENDED]

n 1. The authority citation for part 52 

continues to read as follows:

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

Subpart NN—Pennsylvania

n 2. In § 52.2020, the table in paragraph 

(d)(1) is amended by adding the entries 

for R.H. Sheppard Co., Inc., Wheatland 

Tube Company, and three 

Transcontinental Gas Pipeline 

Corporations at the end of the table to 

read as follows:

§ 52.2020 Identification of plan.

* * * * *

(d) * * *

(1) * * *

Name of source Permit No. County State effective 

date EPA approval date 

Additional 

explanation/ 

§ 52.2063 citation 

*******

R.H. Sheppard Co., Inc .................... 67–2016 York ......... 8/4/95 8/24/05 ..............................................

[Insert page number where the document begins].

52.2020(d)(1)(i) 

Wheatland Tube Company ............... OP 43–182 Mercer ..... 7/26/95 8/24/05 ..............................................

[Insert page number where the document begins].

52.2020(d)(1)(i) 

Transcontinental Gas Pipeline Corporation.OP–53–0006 Potter ....... 10/13/95 8/24/05 ..............................................

[Insert page number where the document begins].

52.2020(d)(1)(i) 

Transcontinental Gas Pipeline Corporation.OP–19–0004 Columbia 5/30/95 8/24/05 ..............................................

[Insert page number where the document begins].

52.2020(d)(1)(i) 

Transcontinental Gas Pipeline Corporation.PA–41–0005A Lycoming 8/9/95 8/24/05 ..............................................

[Insert page number where the document begins].

52.2020(d)(1)(i) 

* * * * *

[FR Doc. 05–16808 Filed 8–23–05; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[R05–OAR–2005–MN–0002; FRL–7958–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Minnesota; Withdrawal of Direct Final 

Rule

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: Due to the receipt of an 

adverse comment the EPA is 

withdrawing the July 1, 2005 (70 FR 

38025), direct final rule approving 

revisions to the sulfur dioxide 

requirements for Flint Hills Resources, 

L.P. of Dakota County, Minnesota. In the 

direct final rule, EPA stated that if 

adverse comments were submitted by 

August 1, 2005, the rule would be 

withdrawn and not take effect. On July 

28, 2005, EPA received a comment from 

the Leech Lake Band of Ojibwe. EPA 

believes the comment is adverse and, 

therefore, EPA is withdrawing the direct 

final rule. EPA will address the 

comment in a subsequent final action 

based upon the proposed action also 

published on July 1, 2005 (70 FR 

38071). EPA will not institute a second 

comment period on this action.

DATES: The direct final rule published at 

70 FR 38025 on July 1, 2005 is 

withdrawn as of August 24, 2005.

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Criteria 

Pollutant Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, Telephone: (312) 886–6524, email: rau.matthew@epa.gov.

List of Subjects in 40 CFR Part 52

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Sulfur oxides.

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

Dated: August 8, 2005. 

Norman R. Niedergang, 

Acting Regional Administrator, Region 5.

PART 52—[AMENDED]

§ 52.1220 [Amended] 

Accordingly, the revision of 40 CFR 

52.1220(d) (which published in the 

Federal Register on July 1, 2005 at 70 

Federal Register / Vol. 70, No. 163 / Wednesday, August 24, 2005 / Rules and Regulations 49499

FR 38025) is withdrawn as of August 24, 

2005.

[FR Doc. 05–16810 Filed 8–23–05; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY

40 CFR Part 180

[OPP–2005–0225; FRL–7731–2]

Myclobutanil; Pesticide Tolerances for 

Emergency Exemptions

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a 

time-limited tolerance for residues of 

myclobutanil in or on soybeans. This 

action is in response to EPA’s granting 

of an emergency exemption under 

section 18 of the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) 

authorizing use of the pesticide on 

soybeans. This regulation establishes a 

maximum permissible level for residues 

of myclobutanil in this food commodity. 

The tolerance will expire and is revoked 

on December 31, 2009.

DATES: This regulation is effective 

August 24, 2005. Objections and 

requests for hearings must be received 

on or before October 24, 2005.

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit VII. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for this action under Docket 

identification (ID) number OPP–2005–

0225. All documents in the docket are 

listed in the EDOCKET index at http:/

/www.epa.gov/edocket. 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 EDOCKET or in hard 

copy at the Public Information and 

Records Integrity Branch (PIRIB), Rm. 

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

Arlington, VA. This docket facility is 

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

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805.

FOR FURTHER INFORMATION CONTACT:

Andrew Ertman, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9367; e-mail address: Sec-18-

Mailbox@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:

• Crop production (NAICS code 111)

• Animal production (NAICS code 

112)

• Food manufacturing (NAICS code 

311)

• Pesticide manufacturing (NAICS 

code 32532)

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

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 and Other Related 

Information?

In addition to using EDOCKET (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 on E-CFR 

Beta Site Two at http://

www.gpoaccess.gov/ecfr/.

II. Background and Statutory Findings

EPA, on its own initiative, in 

accordance with sections 408(e) and 408 

(l)(6) of the Federal Food, Drug, and 

Cosmetic Act (FFDCA), 21 U.S.C. 346a, 

is establishing a tolerance for combined 

residues of the fungicide myclobutanil 

alpha-butyl-alpha-(4-chlorophenyl)-1H1,2,4-triazole-1-propanenitrile and its 

alcohol metabolite (alpha-(3-

hydroxybutyl)-alpha-(4-chlorophenyl)-

1H-1,2,4-triazole-1-propanenitrile (free 

and bound), in or on soybean at 0.05 

parts per million (ppm). EPA will 

publish a document in the Federal 

Register to remove the revoked 

tolerance from the Code of Federal 

Regulations.

Section 408(l)(6) of the FFDCA 

requires EPA to establish a time-limited 

tolerance or exemption from the 

requirement for a tolerance for pesticide 

chemical residues in food that will 

result from the use of a pesticide under 

an emergency exemption granted by 

EPA under section 18 of FIFRA. Such 

tolerances can be established without 

providing notice or period for public 

comment. EPA does not intend for its 

actions on section 18 related tolerances 

to set binding precedents for the 

application of section 408 of the FFDCA 

and the new safety standard to other 

tolerances and exemptions. Section 

408(e) of the FFDCA allows EPA to 

establish a tolerance or an exemption 

from the requirement of a tolerance on 

its own initiative, i.e., without having 

received any petition from an outside 

party.

Section 408(b)(2)(A)(i) of the FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of the FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of the FFDCA requires EPA 

to give special consideration to 

exposure of infants and children to the 

pesticide chemical residue in 

establishing a tolerance and to ‘‘ensure 

that there is a reasonable certainty that 

no harm will result to infants and 

children from aggregate exposure to the 

pesticide chemical residue....’’

Section 18 of the FIFRA authorizes 

EPA to exempt any Federal or State 

agency from any provision of FIFRA, if 

EPA determines that ‘‘emergency 

conditions exist which require such 

exemption.’’ This provision was not 

amended by the Food Quality Protection 

Act of 1996 (FQPA). EPA has 

established regulations governing such 

emergency exemptions in 40 CFR part 

166.

III. Emergency Exemption for 

Myclobutanil on Soybeans and FFDCA 

Tolerances

The States of Minnesota and South 

Dakota, as lead state agencies in what is 

essentially a ‘‘national’’ section 18 

request for all soybean growing states, 

have petitioned the Agency requesting 

an emergency exemption for 

myclobutanil to control soybean rust