### 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 oflactofen, 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 theherbicide 1-(carboethoxy)ethyl-5- (2-chloro-4-(trifluoromethyl)phenoxy)-2- nitrobenzoate and itsmetabolites 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 forresidues. [FR Doc. 90-19363 Filed 8-16-90, 845am]

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 forresidues ofthe fungicide fenarimol in or on cherries. This regulation to establish the maximum permissible levalforresidues offenarimol inor on thisraw agricultural commodity was requested by Elanco Products Co. DATES: Thisregulation becomes effective August 17, 1990. ADDRESSES, Written objections, identified by thedocument 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, VA22202, (i031-557-1900.
SUPPLEMENTARY INFORMATION: In the Federal Register ofJune 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 toEPA requesting that the Administrator. pursuant to section 408(d) ofthe 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 permillion (ppm).A tolerance for a period of1year forthe fungicide fenarimol had been previously established in the Federal Register of October 30,1989 (54FR 45733).

There were no comments orrequests forreferral to an advisory committee received in response to the proposed rule to establish a permanent tolerance rule.

The data submitted in the petitionand other relevant material have been evaluated and discussed in the proposed rule.Based on the data and information considered, theAgency concludes that the tolerance willprotect thepublic health. Therefore, thetolerance is established as set forth below.

Any person adversely affected by this regulation may, within 30 days after publication ofthis document in the Federal Register, file writtenobjections with the Hearing Clerk, atthe address given above. Such objections should specify theprovisions ofthe regulation deemed objectionable andthegrounds forthe objections. A hearing will be granted ifthe objections are supported by grounds legally sufficient to justify therelief sought.

The Office ofManagement and Budget has exempted this rule from the requirements of section 3 ofExecutive Order 12291.

Pursuant to the requirements ofthe Regulatory Flexibility Act (Pub.L.96- 354, 94 Stat. 1164, 5U.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 thiseffect waspublished in the Federal Register ofMay 4,1981 (46
FR 24950).
List ofSubjects in 40 CFR Part 180

Administrative practice and procedure, Agricultural commodities, 

### Pesticides and pests, Reporting and recordkeeping requirements.

Dated:July 27,1990. DouglasD. Campt, 

### Director. Officeof Pesticide Progrrn Therefore, 40 CFR part 180 is amended

as follows:

PART 180-AMENDED]

1.The authority citation forpart 180 continues to read as follows:

Authority:.21 U.S.C. 346a and371.


### 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;8:45am]

SILLING CODE 6560-50"



### 40 CFR Part 271 [FRL-3821-81 Washington; Final Authorizationof State Hazardous Waste Management Program AGENCY: Environmental Protection Agency. ACTION: Immediate final authorization.

SUMMARY The State ofWashington has applied forfinal authorization of revisions toits hazardous waste programunder theResource Conservation and Recovery Act (RCRA). Environmental Protection Agency (EPA)has reviewed Washington's application and hasmade

a decision, subject topublic review and comment,that four ofthefive hazardous waste program revisions satisfy all of therequirements necessary to qualify forfinal authorization. Thus,EPA intendis to approve these fourhazardous waste program revisions.Washington's application for program revision is available forpublic review and comment. DATES: Final authorization for Washington shall be effective October 16, 1990, unless EPApublishes a prior Federal Register action withdrawing this immediate final rule.All comments on 

### 336.95

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### 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 ofbusiness September 17, 1990. ADDRESSES: Copies of Washington's program revision application are available during the business hours of9

a.m. to 4:30 p.m. at the following addresses for inspection and copying: Washington Department ofEcology,

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 SixthAvenue, 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) ofthe 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 of1984 (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) ofRCRA, 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'sregulations in40 CFR parts 260- 266 and 124 and 270.

B.Washington

Washington initially received final authorization on January 30, 1986 forthe base program, and a subsequent program revision was approved September 22, 1987. On August 10, 1988, EPAreceived Washington's program revision application for additional program approvals. Today, Washington is seeking approval ofits 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 ofinformation.

The August 10, 1988 application also requested approval to revisions to Chapter 70.105 ofthe 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 ofthe application which refers to the permit certification language be withdrawn. Therefore, references in Part IV. B. (pages 3-5) ofthe Attorney General Statement, the paragraph 3 ofII.B.4. (page 11-8) and paragraph 111.8. (page II52) ofthe 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 forfinal authorization.

Specifically, Washington is applying for authorization for the following Federal hazardous waste statute and regulations:

Federal requirement State authority

Public Availabilityof 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 ofthe requirements necessary to qualify forfinal 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 ofWashington's application for program revision are available for inspection and copying at the locations indicated in the "Addresses" section of this notice. Approval ofWashington'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 ofthe comment period. Ifan adverse comment is received EPA will publish either: (1)A withdrawal ofthe 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

Iconclude 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-responsibilityfor permitting treatment, storage, and disposalt facilities within its borders and carrying out other aspects of theRCRA program, subject to the limitation ofits revised program application and previously approved authorities. Washington alsohas primary enforcement responsibilities, although EPA retains the right to conduct inspections under section 3007 ofRCRA and to take enforcement actions under section 3008, 3013 and 7003 ofRCRA.

Compliance With Executive Order12291

The Office ofManagement and Budget has exempted thisrule from the requirements of section 3 ofExecutive Order 12291.

Certification Underthe Regulatory Flexibility Act

Pursuant to the provisions of4 U.S.C. 605(b]. Ihereby certifythat this authorization will not have a significant economic impact on a substantial number ofsmall entities. This authorization effectively suspends the applicability ofcertain Federal regulations in favor ofWashington's
program, thereby eliminating duplicative requirements for handlersofhazardous
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 Subjectsin 40 CFR Part2-cI

Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indian lands, Intergovernmental relations, Penalties, Reporting andrecordkeeping requirements, Water pollution control, Water supply.

Authority: This noticeis issuedunder the authority ofsections 2002(a). 3006and 7004(b) ofthe Solid Waste Disposal Actas amended 42 U.S.C. 

### 6912(a).6028, 6974(b). Thomas P.Dunm ActingRegionclAdmiaistrator

IFR Doe. 90-19419 Filed 8-16-W, 8:45 aml BILLINGCODE 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) ofthe Omnibus Budget Reconciliation Act of1987, this final rule revises the payment provisions concerning outpatient hospital services furnished in connection with ambulatory surgical procedures forcertain qualified
eye specialty hospitals and eye and ear specialty hospitals. It establishes that, for cost reporting periods beginning on
or afterOctober 1, 1988 and before October 1,1990, the blended payment amount applicable to these hospitals remains at 75 percent ofthe hospitalspecific amount and 25 percent ofthe ambulatory surgical center amount. EFFECTIVEDATE:.This 

### finalrule is effective September 17,1990.

FOR FURTHER INFORMATION CONTACT: Linda McKenna, (301) 9G-4530.

SUPPLEMENTARY INFORMATION:
1.Background

Section 9343(a) ofthe Omnibus Budget Reconciliation Act of1986 (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 anoutpatient basis in connection with covered ambulatory surgical center (ASC) procedures thatare specified by the Secretary in accordance with section 1833(i1(1)(AJ ofthe Social Security Act (theAct) and 42 CFR 416.65. Section 9343(a) ofPublic Law 99-509 amended section 1833(a)(4) ofthe Act and added

a new section 1833(i)(3) to the Act to provide that, forhospital cost reporting periods beginning on or after October 1, 1987, payment for outpatient facility services in the aggregate shallbe based

on a comparison between two amounts. The payment is the lesserofthe following.

* The amountfor the services that. would be paid to thehospital under section 1833(a)(2)(B) ofthe Act (thatis, the lower of thehospital'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 wouldbe paid to

the hospital forthe services under section 1833(a)(2)(B) oftheAct (referred to below as the hospitalspecific amount); and -The amount that wouldbe 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 80percent of the standard overhead amount reduced by the applicable deductible amount (referredto below as theASC payment amount).
Section 1833(i)(31(B) ofthe Act, as added by section 9343(a) ofPublic Law 99-509, provided that for cost reporting periods beginning on orafter October 1, 1987 but before October 1, 1988,the blended amount is based on 75 percent ofthe hospital-specific amount and25 percent ofthe ASC payment amount attributable to the procedure. Forcost reporting periods beginning on or after October 1, 1988, the blended payment amount is based on 50 percent ofthe hospital-specific amount and 50 percent ofthe 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 oftheblended payment amount applicable for cost reporting periodsbeginning in Federal fiscal year (FY) 1988. Theextension ofthat blended payment amount (that is,75 percent of the hospital-specific amount and 25 percentof theASC payment amount) applies toeye specialty hospitals and
eye andear specialty hospitals that
meet certain criteria discussed below and is effective for cost reporting .periodsbeginning on or afterOctober 1,. 1988 and before October 1, 1990.

Section 4068(a)(2) ofPublic 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 ofthe blended payment amount (75 percent ofthe hospitalspecific amount and25 percent of the ASC payment amount) ifit demonstrates that it

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