Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Rules and Regulations 33469

TABLE 5 OF SUBPART FFF—GENERIC COMPLIANCE SCHEDULES AND INCREMENTS OF PROGRESS (POST-1987 MWCS) a, b

Affected facilities

Increment 1

Submit final

control plan

Increment 2

Award contracts

Increment 3

Begin on-site

construction

Increment 4

Complete onsite construction

Increment 5

Final compliance

Affected facilities that commenced

construction, modification, or reconstruction after June 26, 1987

1. Emission limits for Hg,

dioxin/furan.

NAc ................... NAc ................... NAc ................... NAc ................... 11/12/99 or 1 year after permit

issuance d, e

*******

aTable 4 or 5 of this subpart applies to MWC units subject to the Federal plan except those with site-specific compliance schedules shown in

table 6 of this subpart. bAs an alternative to this schedule, the unit may close by December 19, 2000, complete retrofit while closed, and achieve final compliance

upon restarting. See §§ 62.14108(c), 62.14108(d), and 62.14109(i) of this subpart. cBecause final compliance is achieved in 1 year, no increments of progress are required.

dPermit issuance is issuance of a revised construction permit or revised operating permit, if a permit modification is required to retrofit controls. eFinal compliance must be achieved no later than December 19, 2000, even if the date ‘‘1 year after permit issuance’’ exceeds December 19,

2000.

27. Amend table 6 of subpart FFF by revising the table headings, adding a footnote ‘‘c’’ and adding a new entry

at the end of the table to read as follows:

TABLE 6 OF SUBPART FFF—SITE-SPECIFIC COMPLIANCE SCHEDULES AND INCREMENTS OF PROGRESS a

Affected facilities at the following MWC

sites City, State

Increment

1

Submit

final control plan

Increment

2

Award

contracts

Increment

3

Begin onsite construction

Increment

4

Complete

on-site

construction

Increment

5

Final

compliance c

* * * ****

New Hanover County, Unit 3A ................ Wilmington, North Carolina ..................... 09/15/99 03/01/00 07/01/00 11/19/00 12/19/00

aThese schedules have been reviewed and determined to be acceptable by EPA.

bThis schedule applies to HCl, SO2, PM, Pb, Cd, CO, and NOx. However, owners and operators of large MWC units in New Jersey have the

option of reserving the portion of their control plan that addresses NOx. Owners and operators must submit the reserved portion to EPA by December 15, 1999. cThe owner or operator of an affected facility that began construction, modification, or reconstruction after June 26, 1987 must achieve final

compliance with the mercury and dioxins/furans limits within 1 year after promulgation of subpart FFF (i.e., by 11/12/99) or 1 year after permit

issuance. Permit issuance is issuance of a revised construction permit or revised operating permit if a permit modification is required to retrofit

controls. Final compliance must be achieved no later than December 19, 2000, even if the date ‘‘1 year after permit issuance’’ exceeds December 19, 2000.

[FR Doc. 00–11811 Filed 5–23–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301001; FRL–6556–9]

RIN 2070–AB78

Mancozeb; Re-establishment of

Tolerance for Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation re-establishes

a time-limited tolerance for combined

residues of the fungicide mancozeb,

calculated as zinc

ethylenebisdithiocarbamate (EBDC), and

its metabolite ethylenethiourea (ETU) in

or on ginseng at 2.0 part per million

(ppm) for an additional 20–month

period. This tolerance will expire and is

revoked on December 31, 2001. This

action is in response to EPA’s receipt of

an emergency exemption under section

18 of the Federal Insecticide, Fungicide,

and Rodenticide Act (FIFRA) seeking

use of the pesticide on ginseng. Section

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

Cosmetic Act (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.

DATES: This regulation is effective May

24, 2000. Objections and requests for

hearings, identified by docket control

number OPP–301001, must be received

by EPA on or before July 24, 2000.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit III of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–301001 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Dan Rosenblatt, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, Ariel Rios Bldg., 1200

Pennsylvania Ave., NW., Washington,

DC 20460; telephone number: (703)

308–9375; and e-mail address:

rosenblatt.dan@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer, or pesticide

manufacturer. Potentially affected

33470 Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Rules and Regulations

categories and entities may include, but

are not limited to:

Categories NAICS

codes

Examples of potentially affected

entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

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 the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have 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 Additional

Information, Including Copies of This

Document and Other Related

Documents?

1. Electronically.You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations’’ and then look

up the entry for this document under

the ‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–301001. The official record

consists of the documents specifically

referenced in this action, and other

information related to this action,

including any information claimed as

Confidential Business Information (CBI).

This official record includes the

documents that are physically located in

the docket, as well as the documents

that are referenced in those documents.

The public version of the official record

does not include any information

claimed as CBI. The public version of

the official record, which includes

printed, paper versions of any electronic

comments submitted during an

applicable comment period is available

for inspection in the Public Information

and Records Integrity Branch (PIRIB),

Rm. 119, Crystal Mall #2 (CM #2), 1921

Jefferson Davis Hwy., Arlington, VA,

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

through Friday, excluding legal

holidays. The PIRIB telephone number

is (703) 305–5805.

II. Background and Statutory Findings

EPA issued a final rule, published in

the Federal Register of October 9, 1998

( 63 FR 54362) (FRL–6029–5), which

announced that on its own initiative

under section 408 of FFDCA, 21 U.S.C.

346a, as amended by the Food Quality

Protection Act of 1996 (FQPA) (Public

Law 104–170) it established a timelimited tolerance for the combined

residues of mancozeb and ETU in or on

ginseng at 2.0 ppm, with an expiration

date of December 31, 1999. EPA

established the tolerance because

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 received a request to extend the

use of mancozeb on ginseng for this

year’s growing season due to continued

disease pressure on the crop from leaf

and stem blight. After having reviewed

the submission, EPA concurs that

emergency conditions exist and has

determined that it is appropriate to reestablish the time-limited tolerance.

EPA assessed the potential risks

presented by residues of mancozeb and

ETU in or on ginseng. In doing so, EPA

considered the safety standard in

FFDCA section 408(b)(2), and decided

that the necessary tolerance under

FFDCA section 408(l)(6) would be

consistent with the safety standard and

with FIFRA section 18. The data and

other relevant material have been

evaluated and discussed in the final rule

of October 9, 1998 (63 FR 54362). Based

on that data and information

considered, the Agency reaffirms that

re-establishment of the time-limited

tolerance will continue to meet the

requirements of section 408(l)(6).

Therefore, the time-limited tolerance is

extended for an additional 20–month

period. EPA will publish a document in

the Federal Register to remove the

revoked tolerance from the Code of

Federal Regulations (CFR). Although

this tolerance will expire and is revoked

on December 31, 2001, under FFDCA

section 408(l)(5), residues of the

pesticide not in excess of the amounts

specified in the tolerance remaining in

or on ginseng after that date will not be

unlawful, provided the pesticide is

applied in a manner that was lawful

under FIFRA and the application

occurred prior to the revocation of the

tolerance. EPA will take action to revoke

this tolerance earlier if any experience

with, scientific data on, or other

relevant information on this pesticide

indicate that the residues are not safe.

III. Objections and Hearing Requests

Under section 408(g) of the FFDCA, as

amended by the FQPA, any person may

file an objection to any aspect of this

regulation and may also request a

hearing on those objections. The EPA

procedural regulations which govern the

submission of objections and requests

for hearings appear in 40 CFR part 178.

Although the procedures in those

regulations require some modification to

reflect the amendments made to the

FFDCA by the FQPA, EPA will continue

to use those procedures, with

appropriate adjustments, until the

necessary modifications can be made.

The new section 408(g) provides

essentially the same process for persons

to ‘‘object’’ to a regulation for an

exemption from the requirement of a

tolerance issued by EPA under new

section 408(d), as was provided in the

old FFDCA sections 408 and 409.

However, the period for filing objections

is now 60 days, rather than 30 days.

A. What Do I Need to Do to File an

Objection or Request a Hearing?

You must file your objection or

request a hearing on this regulation in

accordance with the instructions

provided in this unit and in 40 CFR part

178. To ensure proper receipt by EPA,

you must identify docket control

number OPP–301001 in the subject line

on the first page of your submission. All

requests must be in writing, and must be

mailed or delivered to the Hearing Clerk

on or before July 24, 2000.

1. Filing the request. Your objection

must specify the specific provisions in

the regulation that you object to, and the

grounds for the objections (40 CFR

178.25). If a hearing is requested, the

objections must include a statement of

the factual issues(s) on which a hearing

is requested, the requestor’s contentions

on such issues, and a summary of any

evidence relied upon by the objector (40

CFR 178.27). Information submitted in

connection with an objection or hearing

request may be claimed confidential by

marking any part or all of that

information as CBI. Information so

marked will not be disclosed except in

accordance with procedures set forth in

Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Rules and Regulations 33471

40 CFR part 2. A copy of the

information that does not contain CBI

must be submitted for inclusion in the

public record. Information not marked

confidential may be disclosed publicly

by EPA without prior notice.

Mail your written request to: Office of

the Hearing Clerk (1900), Environmental

Protection Agency, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460. You may also

deliver your request to the Office of the

Hearing Clerk in Rm. C400, Waterside

Mall, 401 M St., SW., Washington, DC

20460. The Office of the Hearing Clerk

is open from 8 a.m. to 4 p.m., Monday

through Friday, excluding legal

holidays. The telephone number for the

Office of the Hearing Clerk is (202) 260–

4865.

2. Tolerance fee payment. If you file

an objection or request a hearing, you

must also pay the fee prescribed by 40

CFR 180.33(i) or request a waiver of that

fee pursuant to 40 CFR 180.33(m). You

must mail the fee to: EPA Headquarters

Accounting Operations Branch, Office

of Pesticide Programs, P.O. Box

360277M, Pittsburgh, PA 15251. Please

identify the fee submission by labeling

it ‘‘Tolerance Petition Fees.’’

EPA is authorized to waive any fee

requirement ‘‘when in the judgement of

the Administrator such a waiver or

refund is equitable and not contrary to

the purpose of this subsection.’’ For

additional information regarding the

waiver of these fees, you may contact

James Tompkins by phone at (703) 305–

5697, by e-mail at

tompkins.jim@epa.gov, or by mailing a

request for information to Mr. Tompkins

at Registration Division (7505C), Office

of Pesticide Programs, Environmental

Protection Agency, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460.

If you would like to request a waiver

of the tolerance objection fees, you must

mail your request for such a waiver to:

James Hollins, Information Resources

and Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460.

3. Copies for the Docket. In addition

to filing an objection or hearing request

with the Hearing Clerk as described in

Unit III.A., you should also send a copy

of your request to the PIRIB for its

inclusion in the official record that is

described in Unit I.B.2. Mail your

copies, identified by docket control

number OPP–301001, to: Public

Information and Records Integrity

Branch, Information Resources and

Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, Ariel Rios Bldg.,

1200 Pennsylvania Ave., NW.,

Washington, DC 20460. In person or by

courier, bring a copy to the location of

the PIRIB described in Unit I.B.2. You

may also send an electronic copy of

your request via e-mail to: oppdocket@epa.gov. Please use an ASCII

file format and avoid the use of special

characters and any form of encryption.

Copies of electronic objections and

hearing requests will also be accepted

on disks in WordPerfect 6.1/8.0 file

format or ASCII file format. Do not

include any CBI in your electronic copy.

You may also submit an electronic copy

of your request at many Federal

Depository Libraries.

B. When Will the Agency Grant a

Request for a Hearing?

A request for a hearing will be granted

if the Administrator determines that the

material submitted shows the following:

There is a genuine and substantial issue

of fact; there is a reasonable possibility

that available evidence identified by the

requestor would, if established resolve

one or more of such issues in favor of

the requestor, taking into account

uncontested claims or facts to the

contrary; and resolution of the factual

issues(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

IV. Regulatory Assessment

Requirements

This final rule re-establishes a timelimited tolerance under FFDCA section

408. The Office of Management and

Budget (OMB) has exempted these types

of actions from review under Executive

Order 12866, entitled Regulatory

Planning and Review (58 FR 51735,

October 4, 1993). This final rule does

not contain any information collections

subject to OMB approval under the

Paperwork Reduction Act (PRA), 44

U.S.C. 3501 et seq., or impose any

enforceable duty or contain any

unfunded mandate as described under

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Public

Law 104–4). Nor does it require any

prior consultation as specified by

Executive Order 13084, entitled

Consultation and Coordination with

Indian Tribal Governments (63 FR

27655, May 19, 1998); special

considerations as required by Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994); or require OMB review or any

Agency action under Executive Order

13045, entitled Protection of Children

from Environmental Health Risks and

Safety Risks (62 FR 19885, April 23,

1997). This action does not involve any

technical standards that would require

Agency consideration of voluntary

consensus standards pursuant to section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Public Law 104–113, section

12(d) (15 U.S.C. 272 note). Since

tolerances and exemptions that are

established on the basis of a FIFRA

section 18 petition under FFDCA

section 408, such as the tolerance in this

final rule, do not require the issuance of

a proposed rule, the requirements of the

Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.) do not apply. In

addition, the Agency has determined

that this action will not have a

substantial direct effect on 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, entitled

Federalism (64 FR 43255, August 10,

1999). Executive Order 13132 requires

EPA to develop an accountable process

to ensure ‘‘meaningful and timely input

by State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that 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.’’ This final rule

directly regulates growers, food

processors, food handlers and food

retailers, not States. This action does not

alter the relationships or distribution of

power and responsibilities established

by Congress in the preemption

provisions of FFDCA section 408(n)(4).

V. Submission to Congress and the

Comptroller General

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 this final

rule in the Federal Register. This final

33472 Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Rules and Regulations

rule is not a ‘‘major rule’’ as defined by

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: May 5, 2000.

Peter Caulkins,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 321(q), 346(a) and

371.

§ 180.176 [Amended]

2. In § 180.176, amend the table in

paragraph (b) by revising the date ‘‘12/

31/99’’ to read ‘‘12/31/01’’.

[FR Doc. 00–12524 Filed 5–23–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300999; FRL–6555–1]

RIN 2070–AB78

Tebufenozide; Benzoic Acid, 3,5-

dimethyl-1-(1,1-dimethylethyl)-2-(4-

ethylbenzoyl) hydrazide; Pesticide

Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes

tolerances for residues of tebufenozide

[benzoic acid, 3,5-dimethyl-1-(1,1-

dimethylethyl)-2-(4-

ethylbenzoyl)hydrazide], in or on the

tree nut crop group (including

pistachios) at 0.1 part per million (ppm)

and on almond hulls at 25 ppm. Rohm

and Haas Company requested this

tolerance under the Federal Food, Drug,

and Cosmetic Act, as amended by the

Food Quality Protection Act of 1996.

DATES: This regulation is effective May

24, 2000. Objections and requests for

hearings, identified by docket control

number OPP–300999, must be received

by EPA on or before July 24, 2000.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit VI. of the

‘‘SUPPLEMENTARY INFORMATION.’’

To ensure proper receipt by EPA, your

objections and hearing requests must

identify docket control number OPP–

300999 in the subject line on the first

page of your response.

FOR FURTHER INFORMATION CONTACT: By

mail: Joseph Tavano, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, Ariel Rios Bldg., 1200

Pennsylvania Ave., NW.,Washington,

DC 20460; telephone number: (703)

305–6411 and e-mail address:

tavano.joseph@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

You may be affected by this action if

you sell, distribute, manufacture, or use

pesticides for agricultural applications,

process food, distribute or sell food, or

implement governmental pesticide

regulations. Potentially affected

categories and entities may include, but

are not limited to:

Categories NAICS

codes

Examples of potentially affected

entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

Agricultural

Stakeholders

Growers/Agricultural Workers,

Contractors

(Certified/Commercial Applicators, Handlers,

Advisors, etc.),

Commercial

Processors,

Pesticide Manufacturers, User

Groups, Food

Consumers

Food DistributorsWholesale Contractors, Retail

Vendors, Commercial Traders/Importers

Inter governmental

Stakeholders

State, Local, and/

or Tribal Government Agencies

Foreign

Entities

Governments,

Growers, Trade

Groups, Exporters