Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 29899 

Administrator, EPA Region 2, 

submitting the SIP revision for parts 235 

and 239 respectively. 

■ 3. In § 52.1679, the table is amended 

by revising the entries for Title 6, Part 

235 and Part 239 to read as follows: 

§ 52.1679 EPA-approved New York State 

regulations. 

New York State regulation State effective date Latest EPA approval date Comments 

* * * * * * * .................... ..................................................

Part 235, Consumer Products .. 10/15/09 5/28/10 [Insert FR page citation].

* * * * * * * .................... ..................................................

Part 239, Portable Fuel Container Spillage Control.7/30/09 5/28/10 [insert FR page citation].The specific application of provisions associated with alternate 

test methods, variances and innovative products, must be 

submitted to EPA as SIP revisions. 

* * * * * * * .................... ..................................................

[FR Doc. 2010–12917 Filed 5–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 131 

[EPA–HQ–OW–2007–93; FRL–9156–5] 

RIN NA2040 

Withdrawal of Federal Antidegradation 

Policy for all Waters of the United 

States Within the Commonwealth of 

Pennsylvania 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final Rule. 

SUMMARY: EPA is taking final action on 

a 2008 proposal to withdraw the Federal 

antidegradation policy for all waters of 

the United States within the 

Commonwealth of Pennsylvania. We are 

withdrawing the Federal 

antidegradation policy to allow 

Pennsylvania to implement its own 

antidegradation policy. Pennsylvania 

has adequately demonstrated that its 

antidegradation policy protects all 

waters of the United States at a level 

consistent with the Federal 

requirements under the Clean Water 

Act. Therefore, the Federal 

antidegradation policy is redundant. 

DATES: This final rule is effective on 

June 28, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OW–2007–93. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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, 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 

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

copy at the OW Docket Center. 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, 

and the Docket address is OW Docket, 

EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC 20004. 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: 

Janita Aguirre at EPA Headquarters, 

Office of Water (4305T), 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460 (telephone: 202–566–1149, 

fax: 202–566–0409 or e-mail: 

aguirre.janita@epa.gov) or Denise 

Hakowski at EPA Region 3 (3WP30), 

1650 Arch Street, Philadelphia, 

Pennsylvania 19103 (telephone: 215– 

814–5726, fax: 215–814–2318 or e-mail: 

hakowski.denise@epa.gov). 

SUPPLEMENTARY INFORMATION: 

I. Potentially Affected Entities 

Citizens concerned with water quality 

in Pennsylvania may be interested in 

this rulemaking. Entities discharging 

pollutants to the surface waters of 

Pennsylvania could be indirectly 

affected by this rulemaking since water 

quality standards are used in 

determining National Pollutant 

Discharge Elimination System (NPDES) 

permit limits. Because this action 

withdraws a redundant Federal 

antidegradation policy, the effect of this 

rulemaking should be insignificant. 

Categories and entities which may 

ultimately be affected include: 

Category .............. Examples of potentially 

affected entities. 

Industry .............. Industries discharging 

pollutants to surface 

waters in Pennsylvania. 

Municipalities .... Publicly-owned treatment works discharging pollutants to 

surface waters in 

Pennsylvania. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding NPDES-regulated 

entities likely to be affected by this 

action. This table lists the types of 

entities that EPA is now aware could 

potentially be affected by this action. 

II. Background 

Section 303 (33 U.S.C. 1313) of the 

Clean Water Act (CWA or Act) directs 

States, with oversight by EPA, to adopt 

water quality standards to protect the 

public health and welfare, enhance the 

quality of water and serve the purposes 

of the CWA. Under section 303, States 

are required to develop water quality 

standards for their navigable waters, and 

Section 303(c) and EPA’s implementing 

regulations at 40 CFR part 131 require 

State and Tribal water quality standards 

to include the designated use or uses to 

be made of the waters, water quality 

criteria sufficient to protect those uses, 

and an antidegradation policy. Under 

the CWA and EPA’s regulations, States 

are required to review their water 

quality standards at least once every 

three years and, if appropriate, revise or 

adopt new standards. The results of this 

triennial review must be submitted to 

EPA, and EPA must approve or 

disapprove any new or revised 

standards. Section 303(c) of the CWA 

authorizes the EPA Administrator to 

promulgate water quality standards to 

supersede State standards that EPA has 

disapproved or in any case where the 

Administrator determines that a new or 

WReier-Aviles on DSKGBLS3C1PROD with RULES

29900 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 

revised standard is needed to meet the 

CWA’s requirements. 

In June 1994, EPA disapproved 

Pennsylvania’s antidegradation 

regulation after determining the 

regulation was not consistent with the 

Federal antidegradation regulation 

found at 40 CFR 131.12. When the 

Pennsylvania Department of 

Environmental Protection (PADEP) did 

not act within the statutory timeframe to 

address EPA’s findings, EPA 

promulgated a Federal antidegradation 

policy for all waters of the United States 

within the Commonwealth of 

Pennsylvania at 40 CFR 131.32 on 

December 9, 1996 (61 FR 64816). In 

August 1999, PADEP submitted to EPA 

revisions to its antidegradation policy 

found in 25 Pa. Code Chapter 93. On 

March 17, 2000, EPA approved most of 

the revisions to Pennsylvania’s 

regulations as meeting the requirements 

of Federal regulations at 40 CFR 

131.12(a)(1) and 131.12(a)(2), but 

withheld action on Section 93.4b, 

PADEP’s Exceptional Value (EV) Waters 

designation, or Tier 3, until PADEP 

ensured that EV designated waters 

would be protected at the level 

consistent with Federal regulations at 40 

CFR 131.12(a)(3). In 2003, PADEP 

published ‘‘Water Quality 

Antidegradation Implementation 

Guidance’’ (Document Number 391– 

0300–002). In it, PADEP provides 

guidance to its staff and information to 

help the regulated community and the 

public understand the implementation 

of the antidegradation policy in 

Pennsylvania. Based on a review of the 

document in combination with the 

PADEP’s antidegradation regulation, 

EPA approved PADEP’s antidegradation 

policy for Tier 3 waters on March 7, 

2007. Because Pennsylvania now has an 

EPA-approved antidegradation policy 

meeting the Federal requirements at 40 

CFR 131.12, the Federal antidegradation 

regulation promulgated by EPA for 

Pennsylvania is no longer needed and 

EPA is withdrawing it with this action. 

III. Statutory and Executive Order 

Review 

A. Executive Order 12866 (Regulatory 

Planning and Review) 

This action withdraws Federal 

requirements applicable in 

Pennsylvania and imposes no regulatory 

requirements or costs on any person or 

entity. It does not interfere with the 

action or planned action of another 

agency, and does not have any 

budgetary impacts or raise novel legal or 

policy issues. Thus, it has been 

determined that this rule 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 Office of Management and 

Budget (OMB) review. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden because it 

is administratively withdrawing Federal 

requirements that no longer need to 

apply in Pennsylvania. However, the 

Office of Management and Budget 

(OMB) has previously approved the 

information collection requirements 

contained in the existing regulations 40 

CFR part 131 under the provisions of 

the Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. and has assigned OMB 

control number 2040–0049. The OMB 

control numbers for EPA’s regulations 

in 40 CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.), as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally requires 

an agency to prepare a regulatory 

flexibility analysis of a rule that is 

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. This action 

imposes no regulatory requirements or 

costs on any small entity. Therefore, I 

certify that this action will not have a 

significant impact on a substantial 

number of small entities. 

D. Unfunded Mandates Reform Act 

Title III of the Unfunded Mandates 

Reform Act (UMRA) (Pub. L. 104–4) 

establishes requirements for Federal 

agencies to assess the effects of their 

regulatory actions on State, Tribal, and 

local governments and the private 

sector. Today’s rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, Tribal, or local governments or 

the private sector because it imposes no 

enforceable duty on any of these 

entities. Thus, today’s rule is not subject 

to the requirements of UMRA sections 

202 and 205 for a written statement and 

small government agency plan. 

Similarly, EPA has determined that 

this rule contains no regulatory 

requirements that might significantly or 

uniquely affect small governments and 

is therefore not subject to UMRA section 

203. 

E. Executive Order 13132 (Federalism) 

This rule 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. Thus, Executive 

Order 13132 does not apply to this 

action. 

F. Executive Order 13175 (Consultation 

and Coordination With Indian Tribal 

Governments) 

This rule 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, 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. Thus, 

Executive Order 13175 does not apply 

to this rule. 

G. Executive Order 13045 (Protection of 

Children From Environmental Health 

and Safety Risks) 

This rule is not subject to E.O. 13045, 

entitled ‘‘Protection of Children from 

Environmental Risks and Safety Risks’’ 

(62 FR 19885, April 23, 1997) because 

it is not economically significant and 

EPA has no reason to believe the 

environmental health or safety risks 

addressed by this action 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 

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. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 29901 

available and applicable voluntary 

consensus standards. 

The requirements of section 12(d) of 

the NTTAA do not apply because this 

rule does not involve technical 

standards. Therefore, EPA did not 

consider 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 (EO) 12898 (59 FR 

7629 (Feb. 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 final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. As explained above, EPA 

has approved Pennsylvania’s 

antidegradation policy because it is 

consistent with 40 CFR 131.12. This 

rule withdraws a redundant 

antidegradation policy. 

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. 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 June 28, 2010. 

List of Subjects in 40 CFR Part 131 

Environmental protection, 

Antidegradation, Water quality 

standards. 

Dated: May 21, 2010. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations 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. 

§ 131.32 [Removed and Reserved] 

■ 2. Section 131.32 is removed and 

reserved. 

[FR Doc. 2010–12933 Filed 5–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0268; FRL–8826–4] 

Boscalid; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of boscalid in or 

on multiple commodities which are 

identified and discussed later in this 

document. This regulation additionally 

revises established tolerances in or on 

fruit, stone, group 12; hog, fat; poultry, 

fat; and poultry, meat byproducts. 

Finally, this regulation deletes the timelimited tolerance on tangerine as it 

expired on December 31, 2008. BASF 

Corporation requested these tolerances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective May 

28, 2010. Objections and requests for 

hearings must be received on or before 

July 27, 2010, 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–2009–0268. 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: 

Shaja Joyner, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–3194; e-mail address: 

joyner.shaja@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 Get Electronic Access to 

Other Related Information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at www.gpoaccess.gov/ecfr. 

WReier-Aviles on DSKGBLS3C1PROD with RULES