41988
Federal
Register
/
Vol.
68,
No.
136
/
Wednesday,
July
16,
2003
/
Proposed
Rules
content
limits
specified
by
New
York
for
those
products.
In
addition,
the
proposed
revisions
to
part
228
establish
that,
beginning
January
1,
2001,
a
person
at
a
facility
subject
to
the
MERR
provisions
of
Part
228
must
use
one
or
more
of
the
following
application
techniques
to
apply
MERR
or
color­
matching
coatings:
flow/
curtain
coating;
dip
coating;
cotton­
tipped
swab
application;
electrodeposition
coating;
high­
volume,
lowpressure
spraying;
electrostatic
spray;
airless
spray;
and
other
coating
application
methods
approved
by
the
NYSDEC
which
can
achieve
emission
reductions
equivalent
to
high­
volume,
low­
pressure
spray
or
electrostatic
spray
application
methods.
The
proposed
revisions
to
part
228
also
include
clarifications
to
definitions;
permit
requirements;
exemptions;
VOC
emission
control
requirements;
test
methods,
including
capture
efficiency
test
protocols
and
test
methods;
equipment
cleaning
specifications;
and
recordkeeping
requirements.

III.
What
Is
EPA's
Conclusion?
EPA
has
evaluated
New
York's
submittal
for
consistency
with
the
Act,
EPA
regulations,
and
EPA
policy.
EPA
has
determined
that
the
proposed
revisions
made
to
part
228,
entitled,
``
Surface
Coating
Processes''
meet
the
SIP
revision
requirements
of
the
Act.
In
addition,
the
proposed
revisions
to
part
228,
``
Surface
Coating
Processes''
are
being
processed
under
a
procedure
called
parallel
processing,
whereby
EPA
proposes
rulemaking
action
concurrent
with
the
state's
procedures
for
amending
its
regulations.
If
the
proposed
revisions
to
part
228
are
substantially
different
than
those
identified
in
this
document,
EPA
will
evaluate
those
changes
and
may
publish
another
notice
of
proposed
rulemaking.
If
no
substantial
changes
are
made
to
part
228
as
cited
in
this
document,
EPA
will
publish
a
final
rulemaking
on
the
revisions.
The
final
rulemaking
action
by
EPA
will
occur
only
after
the
SIP
revision
has
been
adopted
by
New
York
and
submitted
formally
to
EPA
for
incorporation
into
the
SIP.

IV.
Statutory
and
Executive
Order
Reviews
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
this
proposed
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
proposed
action
merely
proposes
to
approve
state
law
as
meeting
Federal
requirements
and
imposes
no
additional
requirements
beyond
those
imposed
by
state
law.
Accordingly,
the
Administrator
certifies
that
this
proposed
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
proposes
to
approve
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
(
Public
Law
104
 
4).
This
proposed
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
proposes
to
approve
a
state
rule
implementing
a
Federal
standard,
and
does
not
alter
the
relationship
or
the
distribution
of
power
and
responsibilities
established
in
the
Act.
This
proposed
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
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
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
proposed
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.).

List
of
Subjects
in
40
CFR
Part
52
Environmental
protection,
Air
pollution
control,
Intergovernmental
relations,
Ozone,
Reporting
and
recordkeeping
requirements,
Volatile
organic
compounds.

Authority:
42
U.
S.
C.
7401
 
7671q.

Dated:
July
1,
2003.
Jane
M.
Kenny,
Regional
Administrator,
Region
2.
[
FR
Doc.
03
 
18003
Filed
7
 
15
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
136
[
FRL
 
7527
 
8]

RIN
2040
 
AD53
Guidelines
Establishing
Test
Procedures
for
the
Analysis
of
Pollutants;
Procedures
for
Detection
and
Quantitation;
Reopening
of
Comment
Period
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Proposed
rule
and
Notice
of
Document
Availability;
reopening
of
comment
period.

SUMMARY:
The
U.
S.
Environmental
Protection
Agency
is
reopening
the
comment
period
for
the
proposed
rule
and
the
notice
of
document
availability
(
NODA)
regarding
EPA's
assessment
of
detection
and
quantitation
procedures.
The
proposed
rule
and
the
NODA
were
published
in
the
Federal
Register
on
March
12,
2003
(
68
FR
11770
and
68
FR
11791,
respectively),
and
the
comment
periods
for
both
were
scheduled
to
end
on
July
10,
2003.
The
Agency
is
reopening
the
comment
periods
for
30
days,
and
they
will
now
end
on
August
15,
2003.
DATES:
Comments
must
be
postmarked,
delivered
by
hand,
or
electronically
mailed
on
or
before
August
15,
2003.
Comments
provided
electronically
will
be
considered
timely
if
they
are
submitted
by
11:
59
p.
m.
Eastern
Time
on
August
15,
2003.
ADDRESSES:
Comments
may
be
submitted
by
mail
to
Water
Docket,
U.
S.
Environmental
Protection
Agency
(
4101T),
1200
Pennsylvania
Avenue,
NW.,
Washington,
DC,
20460,
or
electronically
through
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/,
Attention
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41989
Federal
Register
/
Vol.
68,
No.
136
/
Wednesday,
July
16,
2003
/
Proposed
Rules
Docket
No.
OW
 
2003
 
0002.
See
Unit
C
of
the
SUPPLEMENTARY
INFORMATION
section
of
the
March
12,
2003,
Federal
Register
notice
for
the
proposed
rule
(
68
FR
11771
 
11772)
and
Unit
I.
B
of
the
SUPPLEMENTARY
INFORMATION
section
of
the
March
12,
2003,
Federal
Register
notice
for
the
NODA
(
68
FR
11791
 
11792)
for
additional
ways
to
submit
comments
and
more
detailed
instructions.

FOR
FURTHER
INFORMATION
CONTACT:
William
Telliard;
Engineering
and
Analysis
Division
(
4303T);
Office
of
Science
and
Technology;
Office
of
Water;
U.
S.
Environmental
Protection
Agency;
Ariel
Rios
Building;
1200
Pennsylvania
Avenue,
NW.;
Washington,
DC
20460,
or
call
(
202)
566
 
1061
or
E­
mail
at
telliard.
william@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

A.
Background
EPA's
method
detection
limit
(
MDL)
and
minimum
level
of
quantitation
(
ML)
are
used
to
define
analytical
method
(
test)
sensitivity
under
the
Clean
Water
Act
(
CWA).
In
February
2003,
EPA's
Office
of
Water
completed
an
assessment
of
detection
and
quantitation
concepts
and
their
application
under
CWA
programs.
On
March
12,
2003,
EPA
published
a
document
(
68
FR
11791)
making
available
for
public
comment
an
assessment
document
entitled
``
Technical
Support
Document
for
the
Assessment
of
Detection
and
Quantitation
Concepts''
(
EPA
821
 
R
 
03
 
005,
February
2003).
On
the
same
date,
EPA
also
published
proposed
revisions
to
the
current
EPA
procedure
for
determining
test
sensitivity
under
EPA's
CWA
programs
(
available
at
40
CFR
part
136,
appendix
B)
(
68
FR
11770).
The
proposed
revisions
include
clarifications
and
improvements
based
on
the
assessment
of
the
MDL,
ML,
and
other
approaches
for
defining
test
sensitivity;
peer
review
of
the
assessment;
and
stakeholder
comments
on
the
existing
MDL
procedure.
The
120­
day
public
comment
periods
established
for
the
proposed
rule
and
NODA
were
scheduled
to
end
July
10,
2003.
EPA
received
a
request
to
extend
the
public
comment
for
the
proposed
rule
period
beyond
that
due
date.
In
order
to
give
the
public
enough
time
to
review
and
comment
on
the
proposed
rule,
EPA
is
reopening
the
comment
period
for
an
additional
30
days
to
August
15,
2003,
for
each
of
those
documents.
B.
Reopening
of
Comment
Period
This
document
reopens
the
public
comment
periods
established
in
the
Federal
Register
issued
on
March
12,
2003
(
68
FR
11770
and
68
FR
11791).
In
those
documents,
EPA
requested
public
comments
on
the
Agency's
proposed
rule
and
on
the
assessment
document
entitled
``
Technical
Support
Document
for
the
Assessment
of
Detection
and
Quantitation
Concepts''
(
EPA
821
 
R
 
03
 
005,
February,
2003).
EPA
is
hereby
reopening
the
comment
periods
to
August
15,
2003.
To
submit
comments,
or
access
the
official
public
docket,
please
follow
the
detailed
instructions
as
provided
in
the
SUPPLEMENTARY
INFORMATION
sections
of
the
March
12,
2003
Federal
Register
actions
for
the
proposed
rule
(
68
FR
11771
 
11772)
and
the
NODA
(
68
FR
11791
 
11792).
If
you
have
questions,
consult
the
person
listed
under
the
FOR
FURTHER
INFORMATION
CONTACT
section
of
this
action.

Dated:
July
9,
2003.
G.
Tracy
Mehan,
III,
Assistant
Administrator
for
Water.
[
FR
Doc.
03
 
17875
Filed
7
 
15
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2003
 
0092;
FRL
 
7301
 
5]

Aldicarb,
Atrazine,
Cacodylic
acid,
Carbofuran,
et
al.;
Proposed
Tolerance
Actions
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Proposed
rule.

SUMMARY:
This
document
proposes
to
revoke
specific
meat,
milk,
poultry,
and
egg
tolerances
for
residues
of
the
insecticides
aldicarb,
carbofuran,
diazinon,
and
dimethoate;
herbicides
atrazine,
metolachlor,
and
sodium
acifluorfen;
fungicides
fenarimol,
propiconazole,
and
thiophanate­
methyl;
and
the
defoliant
cacodylic
acid.
EPA
determined
that
there
are
no
reasonable
expectations
of
finite
residues
in
or
on
meat,
milk,
poultry,
or
eggs
for
the
aforementioned
pesticide
active
ingredients
and
that
these
tolerances
are
no
longer
needed.
Also,
this
document
proposes
to
modify
specific
fenarimol
tolerances.
The
regulatory
actions
proposed
in
this
document
contribute
toward
the
Agency's
tolerance
reassessment
requirements
of
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
FFDCA)
section
408(
q),
as
amended
by
the
Food
Quality
Protection
Act
(
FQPA)
of
1996.
By
law,
EPA
is
required
by
August
2006
to
reassess
the
tolerances
in
existence
on
August
2,
1996.
Because
all
the
tolerances
were
previously
reassessed,
no
reassessments
are
counted
here
toward
the
August
2006
review
deadline.
DATES:
Comments,
identified
by
docket
ID
number
OPP
 
2003
 
0092,
must
be
received
on
or
before
September
15,
2003.

ADDRESSES:
Comments
may
be
submitted
electronically,
by
mail,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
I.
of
the
SUPPLEMENTARY
INFORMATION.

FOR
FURTHER
INFORMATION
CONTACT:
Joseph
Nevola,
Special
Review
and
Reregistration
Division
(
7508C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
308
 
8037;
e­
mail
address:
nevola.
joseph@
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
111)
 
Animal
production
(
NAICS
112)
 
Food
manufacturing
(
NAICS
311)
 
Pesticide
manufacturing
(
NAICS
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.
To
determine
whether
you
or
your
business
may
be
affected
by
this
action,
you
should
carefully
examine
the
applicability
provisions
in
Unit
II.
A.
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
Copies
of
this
Document
and
Other
Related
Information?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
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