Federal Register / Vol. 55, No. 160 / Friday, August 17, 1990 / Rules and Regulations

2. By r-vising § 180.432, to read as

follows:

§ 180.432 Lactofen; tolerances for

residues.

(a) Tolerances are established for the

combined residues of lactofen, 1-

(carboethoxyethyl-5-[2-chloro-4-

(trifluoromethyl)phenoxy]-2-

nitrobenzoate, and its associated

metabolites containing the diphenyl

ether linkage expressed as lactofen in or on soybeans at 0.05 part per million.

(b) An interim tolerance, set to expire

May 31, 1991, is established for residues

of the herbicide 1-(carboethoxy)ethyl-5-

(2-chloro-4-(trifluoromethyl)phenoxy)-2-

nitrobenzoate and its metabolites

containing the diphenyl ether linkage in

or on the following raw agriculfrual

commodity:

Cofmdty Par s per mison

Cottonseed ............................................ 0.5

§ 160.453 (Removed]

2. By removing § 180.453 1-

(Carboethoxyethyl-5-(2-chloro-4-

(trifiuoromethyl)phenoxy-2-

nitrobenzoate; tolerances for residues.

[FR Doc. 90-19363 Filed 8-16-90, 845 am]

BILLING- CODE 6560-60-

40 CFR Part 180

[PP 8F3630/R1085 FRL-3772-7]

Pesticide Tolerances for Fenarimol

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes a

permanent tolerance for residues of the

fungicide fenarimol in or on cherries.

This regulation to establish the

maximum permissible leval for residues

of fenarimol in or on this raw agricultural commodity was requested

by Elanco Products Co.

DATES: This regulation becomes

effective August 17, 1990.

ADDRESSES, Written objections,

identified by the document control

number, [PP 8F3630/R1085]. may be

submitted to: Hearing Clerk (A-110),

Environmental Protection Agency, Rm.

3708,14 M St., SW., Washington. DC

20460. t

FOR FURTHER INFORMATION CONTACT. By

mail: Susan T. Lewis, Product Manager

[PM) 21, (H7505C), Registration Division,

Environmental Protection Agency, 401 M

St., SW., Washington, DC 20460. Office

location and telephone number. Rm. 227,

CM #2,1921 Jefferson Davis Highway,

Arlington, VA 22202, (i 031-557-1900.

SUPPLEMENTARY INFORMATION: In the

Federal Register of June 14, 1990 (55 FR

24117), EPA issued a proposed rule that

gave notice that Elanco Products Co.,

740 South Alabama St., Indianapolis, IN

46285, had submitted pesticide petition

(PP} 8F3630 to EPA requesting that the

Administrator. pursuant to section

408(d) of the Federal Food, Drug, and

Cosmetic Act, propose to establish a

permanent tolerance for the fungicide

fenarimol [alpha-(2-chlorophenyl)-alpha-

(4-chlorophenyl}-5-pyrimidinemethanolJ

in or on the raw agricultural commodity

cherries at 1.0 part per million (ppm). A

tolerance for a period of 1 year for the

fungicide fenarimol had been previously

established in the Federal Register of

October 30,1989 (54 FR 45733).

There were no comments or requests

for referral to an advisory committee

received in response to the proposed

rule to establish a permanent tolerance

rule.

The data submitted in the petition and

other relevant material have been

evaluated and discussed in the proposed

rule. Based on the data and information

considered, the Agency concludes that

the tolerance will protect the public

health. Therefore, the tolerance is

established as set forth below.

Any person adversely affected by this

regulation may, within 30 days after

publication of this document in the

Federal Register, file written objections

with the Hearing Clerk, at the address

given above. Such objections should

specify the provisions of the regulation

deemed objectionable and the grounds

for the objections. A hearing will be

granted if the objections are supported

by grounds legally sufficient to justify

the relief sought.

The Office of Management and Budget

has exempted this rule from the

requirements of section 3 of Executive

Order 12291.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 96-

354, 94 Stat. 1164, 5 U.S.C. 601-612), the

Administrator has determined that

regulations establishing new tolerances

or raising tolerance levels or

establishing exemptions from tolerance

requirements do not have a significant

economic impact on a substantial

number of small entities. A certification

statement to this effect was published in

the Federal Register of May 4,1981 (46

FR 24950).

List of Subjects in 40 CFR Part 180

Administrative practice and

procedure, Agricultural commodities,

Pesticides and pests, Reporting and

recordkeeping requirements.

Dated: July 27,1990.

Douglas D. Campt,

Director. Office of Pesticide Progrrn

Therefore, 40 CFR part 180 is amended

as follows:

PART 180-AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority:. 21 U.S.C. 346a and 371.

2. In § 180.421(b), by amending the

table therein by deleting the column

"Expiration date"; amended, the table

reads as follows:

§ 180.421 " Fenarlmol; tolerances for

residues.

* * * a

(b)

Parts per

Cherries ................................. . . . 1.0

Grapes ............................................ ..... 0.2

[FR 'oc. 90-19364 Filed 8-16-00; 8:45 am]

SILLING CODE 6560-50"

40 CFR Part 271

[FRL-3821-81

Washington; Final Authorization of

State Hazardous Waste Management

Program

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final authorization.

SUMMARY The State of Washington has

applied for final authorization of

revisions to its hazardous waste

program under the Resource

Conservation and Recovery Act

(RCRA). Environmental Protection

Agency (EPA) has reviewed

Washington's application and has made

a decision, subject to public review and

comment, that four of the five hazardous

waste program revisions satisfy all of

the requirements necessary to qualify

for final authorization. Thus, EPA

intendis to approve these four hazardous

waste program revisions. Washington's

application for program revision is

available for public review and

comment.

DATES: Final authorization for

Washington shall be effective October

16, 1990, unless EPA publishes a prior

Federal Register action withdrawing this

immediate final rule. All comments on

336.95

HeinOnline -- 55 Fed. Reg. 33695 1990
33696 Federal Register / Vol. 55, No. 160 / Friday, August 17, 1990 [Rules and Regulations

Washington's program revision

application must be received by the

close of business September 17, 1990.

ADDRESSES: Copies of Washington's

program revision application are

available during the business hours of 9 a.m. to 4:30 p.m. at the following

addresses for inspection and copying:

Washington Department of Ecology,

Solid and Hazardous Waste Program,

Rowesix, Building 4, 4224 Sixth

Avenue SE., Olympia, Washington

98504, Phone: (206) 459-6598

U.S. EPA Headquarters Library, PM 211

A, 401 M Street SW., Washington, DC

20460, Phone: (202) 382-5926

U.S. EPA Region X Library-Information

Center, 1200 Sixth Avenue,.Seattle,

Washington 98101, Phone: (206) 442-

1259.

Written comments should be sent to

Patricia Springer, U.S. EPA Region X

(HW-112), 1200 Sixth Avenue, Seattle,

Washington 98101; phone: (206) 442-

2858.

FOR FURTHER INFORMATION CONTACT:

Patricia Springer at the above address

and phone number.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under

section 3006(b) of the Resource

Conservation and Recovery Act

("RCRA" or "the Act"), 42 U.S.C.

6929(b), have a continuing obligation to

maintain a hazardous waste program

that is equivalent to, consistent with,

and no less stringent than the Federal

hazardous waste program. In addition,

as an interim measure, the Hazardous

and Solid Waste Amendments of 1984

(Pub. L. 98-616, November 8, 1984,

hereinafter "HSWA") allows States to

revise their programs to become

substantially equivalent instead of

equivalent to RCRA requirements

promulgated under HSWA authority.

States exercising the latter option

receive "interim authorization" for the

HSWA requirements under section

3006(g) of RCRA, 42 U.S.C. 6929(g), and

later apply for final authorization for the

HSWA requirements.

Revisions to State hazardous waste

programs are necessary when Federal or

State statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly, State program

revisions are necessitated by changes to

EPA's regulations in 40 CFR parts 260-

266 and 124 and 270.

B. Washington

Washington initially received final

authorization on January 30, 1986 for the

base program, and a subsequent

program revision was approved

September 22, 1987. On August 10, 1988,

EPA received Washington's program

revision application for additional

program approvals. Today, Washington

is seeking approval of its program

revision in accordance with 40 CFR

271.21(b)(3).

Washington is requesting approval for

state program revisions which

incorporate the closure, post-closure,

and financial responsibility

amendments; revised listing for spent

pickle liquor; corporate guarantee for

liability insurance; and public

availability of information.

The August 10, 1988 application also

requested approval to revisions to

Chapter 70.105 of the Revised Code of

Washington, concerning the nonoperating landowner certification

requirement for hazardous waste

treatment, storage, and disposal permit

applicants. However, EPA has disagreed

with the State's assertion that the

proposed revision was equivalent and

as stringent as the Federal program. On

November 28, 1988, Washington

requested that the portion of the

application which refers to the permit

certification language be withdrawn.

Therefore, references in Part IV. B.

(pages 3-5) of the Attorney General

Statement, the paragraph 3 of II.B.4.

(page 11-8) and paragraph 111.8. (page II52) of the Program Description regarding

changes in the permit certification

language are not considered a part of

the application and are not approved as

a program revision.

Washington had previously requested

authorization for the RCRA 3006(f)

availability of information requirement.

The September 22, 1987 Federal Register

Notice (52 FR 3556) granting Washington

final authorization for certain program

revisions included a schedule of

compliance for making State program

revisions which would enable

Washington to meet the Federal

authorization requirements for RCRA

3006(f). Washington has made the

necessary State program revisions to

satisfy all requirements necessary to

qualify for final authorization.

Specifically, Washington is applying

for authorization for the following

Federal hazardous waste statute and

regulations:

Federal requirement State authority

Public Availability of RCW 42.17.010 (11): RCW

Information, 42.17.250, .260, .290,

Federal requirement State authority

Section 3006(f). .300. .310. .320, and .340,

RCW 43.21A.160; WAC

173-03-070, -080, and

090; WAC 173-303-905.

Closure, Post WAC 173-303-040(108)-

Closure, and (111); 173-303-045; -

Financial 400(3)(a); 173-610(1)(a),

Responsibility (b); (2)(a) (i) & (ii); (2)(b);

Requirements (51 (3)(a); (3)(a)(i)-(iii); (3)(a)

FR 16422, May 2, (v)-(vii); (3)(b); (3)(c) and

1986). (3)(c)(iv); (4)(a)-(c): (5);

(6); (7)(a)-(e); (8)(a)-(d); (9); (10)(a)-(c); (11); 173-

303-620(2); (3)(a)-(c);

(4)(b); (5)(a)-(c); (6)(a)-(b);

(10); 173-303-805(7)(d);

173-303-806(4)(a)(xiv)-

(xvi); 173-303-830(4)(d).

Listing for spent WAC 173-303-9904.

pickle liquor (51

FR 19320, May

28, 1986 and 51

FR 33612,

September 22,

1986).

Liability Coverage- WAC 173-303-045, -400(3);

Corporate WAC 173-303-620(8) (a)

Guarantee (51 FR and (b); WAC 173-303-

25350. July 11, 620(10); RCW 23A.08.

1986).

EPA has reviewed Washington's

application, and has made an immediate

final decision that Washington's

hazardous waste program revisions

satisfy all of the requirements necessary

to qualify for final authorization,

excluding that portion of the application

which has been withdrawn.

Consequently, EPA intends to grant

final authorization for the additional

program modifications to Washington.

The public may submit written

comments on EPA's immediate final

decision up until September 17, 1990.

Copies of Washington's application for

program revision are available for

inspection and copying at the locations

indicated in the "Addresses" section of

this notice.

Approval of Washington's program

revision shall become effective in 60

days unless an adverse comment

pertaining to Washington's revision

discussed in this notice is received by

the end of the comment period. If an

adverse comment is received EPA will

publish either: (1) A withdrawal of the

immediate final decision or (2) a notice

containing a response to comments

which either affirms that the immediate

final decision takes effect or reverses

the decision.

Washington's program revision

contains no State requirements that are

broader in scope than the relevant

Federal requirements. Washington is not

seeking authorization to operate on Indian lands.

HeinOnline -- 55 Fed. Reg. 33696 1990
Federal Register / Vol. 55, No. 160 / Friday, August 17, 1990 / Rules and Regulations

C. Decision

I conclude that Washington's

application for program revision meets

all of the statutory and regulatory

requirements established by RCRA.

Accordingly, Washington is granted

final authorization to operate its

hazardous waste program as revised.

Washington has -responsibility for

permitting treatment, storage, and

disposalt facilities within its borders and

carrying out other aspects of the RCRA

program, subject to the limitation of its

revised program application and

previously approved authorities.

Washington also has primary

enforcement responsibilities, although

EPA retains the right to conduct

inspections under section 3007 of RCRA

and to take enforcement actions under

section 3008, 3013 and 7003 of RCRA.

Compliance With Executive Order 12291

The Office of Management and Budget

has exempted this rule from the

requirements of section 3 of Executive

Order 12291.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 4 U.S.C.

605(b]. I hereby certify that this

authorization will not have a significant

economic impact on a substantial

number of small entities. This

authorization effectively suspends the

applicability of certain Federal

regulations in favor of Washington's

program, thereby eliminating duplicative

requirements for handlers of hazardous

waste in the State. Ii does not impose

any new burdens on small entities. This

rule, therefore, does not require a

regulatory flexibility analysis.

List of Subjects in 40 CFR Part 2-cI

Administrative practice and

procedure, Confidential business

information, Hazardous materials

transportation, Hazardous waste, Indian

lands, Intergovernmental relations,

Penalties, Reporting and recordkeeping

requirements, Water pollution control,

Water supply.

Authority: This notice is issued under the

authority of sections 2002(a). 3006 and 7004(b)

of the Solid Waste Disposal Act as amended

42 U.S.C. 6912(a). 6028, 6974(b).

Thomas P. Dunm

Acting RegionclAdmiaistrator

IFR Doe. 90-19419 Filed 8-16-W, 8:45 aml

BILLING CODE GV60.50-w

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 413

[BPD--601-F]

RIN 0938-AD76

Medicare Program; Payment for

Outpatient Surgery at Eye Specialty

Hosptials and Eye and Ear Specialty

Hospitals

AGENCY Health Care Financing

Administration (HCFA), HHS.

ACTION: Final rule.

SUMMARY. In accordance with section

4068(a) of the Omnibus Budget

Reconciliation Act of 1987, this final rule

revises the payment provisions

concerning outpatient hospital services

furnished in connection with ambulatory

surgical procedures for certain qualified

eye specialty hospitals and eye and ear

specialty hospitals. It establishes that,

for cost reporting periods beginning on

or after October 1, 1988 and before

October 1,1990, the blended payment

amount applicable to these hospitals

remains at 75 percent of the hospitalspecific amount and 25 percent of the

ambulatory surgical center amount.

EFFECTIVE DATE:. This final rule is

effective September 17, 1990.

FOR FURTHER INFORMATION CONTACT:

Linda McKenna, (301) 9G-4530.

SUPPLEMENTARY INFORMATION:

1. Background

Section 9343(a) of the Omnibus Budget

Reconciliation Act of 1986 (Pub. L 99-

509), enacted on October 21, 1986, set

forth a new methodology to be used in

'determining Medicare payment for

facility services furnished-in a hospital

on an outpatient basis in connection

with covered ambulatory surgical center

(ASC) procedures that are specified by

the Secretary in accordance with section

1833(i1(1)(AJ of the Social Security Act

(the Act) and 42 CFR 416.65. Section

9343(a) of Public Law 99-509 amended

section 1833(a)(4) of the Act and added

a new section 1833(i)(3) to the Act to

provide that, for hospital cost reporting

periods beginning on or after October 1,

1987, payment for outpatient facility

services in the aggregate shall be based

on a comparison between two amounts.

The payment is the lesser of the

following.

* The amount for the services that.

would be paid to the hospital under

section 1833(a)(2)(B) of the Act (that is,

the lower of the hospital's reasonable

costs or customary charges for the

services, reduced by the applicable

deductible and coinsurance amounts).

# An amouht based on a blend of-

-The amount that would be paid to

the hospital for the services under

section 1833(a)(2)(B) of the Act

(referred to below as the hospitalspecific amount); and

-The amount that would be paid to a

freestanding ASC for the same

procedure in the same geographic

area, in accordance with section

1833(i)(2)(A) of the Act, which is

equal to 80 percent of the standard

overhead amount reduced by the

applicable deductible amount

(referred to below as the ASC

payment amount).

Section 1833(i)(31(B) of the Act, as

added by section 9343(a) of Public Law

99-509, provided that for cost reporting

periods beginning on or after October 1,

1987 but before October 1, 1988, the

blended amount is based on 75 percent

of the hospital-specific amount and 25

percent of the ASC payment amount

attributable to the procedure. For cost

reporting periods beginning on or after

October 1, 1988, the blended payment

amount is based on 50 percent of the

hospital-specific amount and 50 percent

of the ASC payment amounL

We published a final rule in the

Federal Register on October 1, 1987 (52

FR 36765) to implement the revised

payment methodology for hospital

outpatient ASC procedures which is set

forth at 42 CFR 413.118.

II. New Legislation

Section 4068(a) of the Omnibus Budget

Reconciliation Act of 1987 (Pub. L 100-

203), enacted on December 22,1987,

amended section 1833(i)(3)iB)(ii) of the

Act to provide certain hospitals a 2-year

extension of the blended payment

amount applicable for cost reporting

periods beginning in Federal fiscal year

(FY) 1988. The extension of that blended

payment amount (that is, 75 percent of

the hospital-specific amount and 25

percent of the ASC payment amount)

applies to eye specialty hospitals and

eye and ear specialty hospitals that

meet certain criteria discussed below

and is effective for cost reporting

.periods beginning on or after October 1,.

1988 and before October 1, 1990.

Section 4068(a)(2) of Public Law 100-

203 amended section 1833(i)f3)(B)tii of

the Act to provide that a hospital may

make an application to the Secretary for

an extension of the blended payment

amount (75 percent of the hospitalspecific amount and 25 percent of the

ASC payment amount) if it

demonstrates that it33697

HeinOnline -- 55 Fed. Reg. 33697 1990