Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Rules and Regulations 41365

VIII. 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 United States House of

Representatives, and the Comptroller

General of the United States prior to

publication of this final rule in the

Federal Register. This final 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: June 13, 2000.

Suzan B. Hazen,

Acting Director, 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), (346a) and

371.

2. Section 180.544 is added to read as

follows:

§ 180.544 Methoxyfenozide; tolerances for

residues.

(a) General. (1) Tolerances are

established for residues of the

insecticide methoxyfenozide; benzoic

acid, 3-methoxy-2-methyl-2-(3,5-

dimethylbenzoyl)-2-(1,1-

dimethylethyl)hydrazide in or on the

following agricultural commodities:

Commodity Parts per

million

Apple pomace, wet .................................................................................................................................................................................. 7.0

Cotton gin byproducts .............................................................................................................................................................................. 35

Cotton, undelinted seed ........................................................................................................................................................................... 2.0

Fat of cattle, goats, hogs, horses and sheep .......................................................................................................................................... 0.1

Meat of cattle, goats, hogs, horses and sheep ....................................................................................................................................... 0.02

Milk ........................................................................................................................................................................................................... 0.02

Pome fruits crop group ............................................................................................................................................................................ 1.5

(2) Tolerances are established for the

combined residues of methoxyfenozide;

benzoic acid, 3-methoxy-2-methyl-2-

(3,5-dimethylbenzoyl)-2-(1,1-

dimethylethyl)hydrazide and its

glucuronide metabolite in or on the

following agricultural commodities:

Commodity Parts per

million

Liver of cattle, goats, hogs, horses and sheep ....................................................................................................................................... 0.1

Meat byproducts (except liver) of cattle, goats, hogs, horses and sheep .............................................................................................. 0.02

(b) Section 18 emergency exemptions.

[Reserved]

(c) Tolerances with regional

registrations. [Reserved]

(d) Indirect or inadvertent residues.

[Reserved]

[FR Doc. 00–16801 Filed 7–3–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300997; FRL–6555–3]

RIN 2070–AB78

Bacillus subtilis Strain QST 713;

Exemption from the Requirement of a

Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes an

exemption from the requirement of a

tolerance for residues of the Bacillus

subtilis strain QST 713 in or on all raw

agricultural commodities when applied/

used according to label instructions.

AgraQuest, Inc. submitted a petition to

EPA under the Federal Food, Drug, and

Cosmetic Act (FFDCA), as amended by

the Food Quality Protection Act of 1996

(FQPA), requesting an exemption from

the requirement of a tolerance. This

regulation eliminates the need to

establish a maximum permissible level

for residues of Bacillus subtilis strain

QST 713.

DATES: This regulation is effective July

5, 2000. Objections and requests for

hearings, identified by docket control

number [OPP–300997], must be

received by EPA, on or before

September 5, 2000.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, electronically, or in person. Please

follow the detailed instructions for each

method as provided in Unit IX. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number [OPP–300997] in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Susanne Cerrelli, c/o Product

Manager (PM) 90, Biopesticides and

Pollution Prevention Division (7511C),

Environmental Protection Agency, 1200

Pennsylvania Ave., NW., Washington,

DC 20460; telephone number: (703)

308–8077; and e-mail address:

cerrelli.susanne@epa.gov.

SUPPLEMENTARY INFORMATION:

41366 Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Rules and Regulations

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

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–300997. 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

In the Federal Register of April 26,

1999 (64 FR 20295) (FRL–6074–8), EPA

issued a notice pursuant to section 408

of FFDCA, 21 U.S.C. 346a(e), as

amended by FQPA (Public Law 104–

170) announcing the filing of a pesticide

tolerance petition by AgraQuest, Inc.,

1530 Drew Ave., Davis California 95616.

This notice included a summary of the

petition prepared by the petitioner

AgraQuest, Inc. There were no

comments received in response to the

notice of filing.

The petition requested that 40 CFR

part 180 be amended by establishing an

exemption from the requirement of a

tolerance for residues of Bacillus subtilis

strain QST 713.

III. Risk Assessment

New section 408(c)(2)(A)(i) of FFDCA

allows EPA to establish an exemption

from the requirement for a tolerance (the

legal limit for a pesticide chemical

residue in or on a food) only if EPA

determines that the tolerance is ‘‘safe.’’

Section 408(c)(2)(A)(ii) defines ‘‘safe’’ to

mean that ‘‘there is a reasonable

certainty that no harm will result from

aggregate exposure to the pesticide

chemical residue, including all

anticipated dietary exposures and all

other exposures for which there is

reliable information.’’ This includes

exposure through drinking water and in

residential settings, but does not include

occupational exposure. Section

408(b)(2)(C) requires EPA to give special

consideration to exposure of infants and

children to the pesticide chemical

residue in establishing a tolerance and

to ‘‘ensure that there is a reasonable

certainty that no harm will result to

infants and children from aggregate

exposure to the pesticide chemical

residue....’’ Additionally, section

408(b)(2)(D) requires that the Agency

consider ‘‘available information’’

concerning the cumulative effects of a

particular pesticide’s residues and

‘‘other substances that have a common

mechanism of toxicity.’’

EPA performs a number of analyses to

determine the risks from aggregate

exposure to pesticide residues. First,

EPA determines the toxicity of

pesticides. Second, EPA examines

exposure to the pesticide through food,

drinking water, and through other

exposures that occur as a result of

pesticide use in residential settings.

IV. Toxicological Profile

Consistent with section 408(b)(2)(D)

of FFDCA, EPA has reviewed the

available scientific data and other

relevant information in support of this

action and considered its validity,

completeness, and reliability and the

relationship of this information to

human risk. EPA has also considered

available information concerning the

variability of the sensitivities of major

identifiable subgroups of consumers,

including infants and children.

A battery of tests determined that QST

713 Technical product is not pathogenic

and has no significant toxicity. The

acute oral toxicity/pathogenicity, acute

pulmonary toxicity/pathogenicity and

acute intravenous toxicity/pathogenicity

studies demonstrated no significant

toxicity and a lack of pathogenicity. The

dermal toxicity and eye irritation

studies resulted in a Toxicity Category

III classification. The acute dermal

irritation study resulted in a Toxicity

Category IV classification. Bacillus

subtilis strain QST 713 is a ubiquitous

organism in the environment and there

have been no reports of the organism

affecting the immune system. The

submitted toxicity/pathogenicity studies

in rodents with Bacillus subtilis strain

QST 713 indicated that following

several routes of exposure, the immune

system is still intact and able to process

and clear the active ingredient. As

would be expected for any microbial

pesticide, QST 713 did elicit a very mild

delayed hypersensitivity response and

is considered a potential dermal

sensitizer. Further, although it is not

known whether strain QST 713 does,

the species is known to produce the

enzyme subtilisin which has been

reported to produce allergenic or

hypersensitivity reactions to individuals

repeatedly exposed to the enzyme in

industrial settings. The use of personal

protective equipment required for

applicators and other handlers mitigates

the hypersensitivity risk by minimizing

exposure. No hypersensitivity risk is

expected for dietary exposure due to the

low likelihood that any significant

residues will occur on treated food.

V. Aggregate Exposures

In examining aggregate exposure,

FFDCA section 408 directs EPA to

Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Rules and Regulations 41367

consider available information

concerning exposures from the pesticide

residue in food and all other nonoccupational exposures, including

drinking water from ground water or

surface water and exposure through

pesticide use in gardens, lawns, or

buildings (residential and other indoor

uses).

A. Dietary Exposure

Dietary exposure to the microbial

pesticide is likely to occur. The lack of

acute oral toxicity/pathogenicity, and

the ubiquitous nature of the microbial,

support the establishment of an

exemption from the requirement of a

tolerance for Bacillus subtilis strain QST

713.

1. Food. Dietary exposure to the

microbial is expected to be minimal. In

additon, standard practices of washing,

peeling, cooking, or processing fruits

and vegetables will reduce residues of

Bacillus subtilis strain QST 713 and

further minimize dietary exposure. The

risk posed to adults, infants, and

children is likely to be minimal, because

of the low acute oral toxicity/

pathogenicity potential of the microbial

pesticide.

2. Drinking water exposure. Oral

exposure, at very low levels, may occur

from ingestion of drinking water.

Drinking water is not being screened for

Bacillus subtilis strain QST 713 as a

potential indicator of microbial

contamination. Both percolation

through soil and municipal treatment of

drinking water would reduce the

possibility of exposure to the bacterial

active ingredient through drinking

water. If oral exposure should occur

through drinking water, the Agency

concludes that such exposure would

present minimal risk due to the lack of

acute oral toxicity/pathogenicity and the

ubiquitous nature of the microbe.

B. Other Non-Occupational Exposure

The use sites proposed are for

agricultural sites. Dermal and inhalation

exposure is expected to be limited to

those who apply or handle the pesticide

in orchards and farms. Bacillus subtilis

presence is ubiquitous in the

environment and the use of this product

is not expected to increase dermal or

inhalation exposure in nonoccupational settings.

VI. Cumulative Effects

No mechanism of toxicity in

mammals has been identified for

Bacillus subtilis strain QST 713.

Therefore no cumulative effect with

other related organisms is anticipated.

Because the data available demonstrate

a low toxicity/pathogenicity potential of

the active ingredient, the likelihood of

adverse dietary effects is expected to be

minimal.

VII. Determination of Safety for U.S.

Population, Infants and Children

Based on the acute toxicity

information discussed above, EPA

concludes that there is a reasonable

certainty that no harm will result from

aggregate exposure to the United States

population, including infants and

children, to residues of Bacillus subtilis

strain QST 713. This includes all

anticipated dietary exposures and all

other exposures for which there is

reliable information. The Agency has

arrived at this conclusion because, the

data available on Bacillus subtilis strain

QST 713 demonstrate a low toxicity/

pathogenicity potential. Bacillus subtilis

is not a human pathogen and has not

been implicated in human disease, but

has been isolated as a rare contaminant

from human infections. Risk of

increased exposure is likely only to

exist for pesticide applicators and

manufacturers of the product. The

Agency has imposed appropriate risk

mitigation measures to protect the

workers via the use of protective

clothing.

VIII. Other Considerations

A. Endocrine Disruptors

The Agency has no information to

suggest that Bacillus subtilis strain QST

713 has an effect on the immune and

endocrine systems. No specific tests

have been conducted with Bacillus

subtilis strain QST 713 to determine

such effects. However, the submitted

toxicity/pathogenicity studies in rodents

indicated that following several routes

of exposure, the immune system is still

intact and able to process and clear the

active ingredient. Bacillus subtilis strain

QST 713 is a ubiquitous organism in the

environment and there have been no

reports of the organism affecting

endocrine system. Therefore, it is

unlikely that this organism would have

estrogenic or endocrine effects because

it is practically non-toxic to mammals.

B. Analytical Method(s)

The Agency proposes to establish an

exemption from the requirement of a

tolerance without any numerical

limitation; therefore the Agency has

concluded that an analytical method is

not required for enforcement purposes

for Bacillus subtilis strain QST 713.

C. Codex Maximum Residue Level

There are no CODEX values for

Bacillus subtilis strain QST 713.

IX. 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 of 1996, 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–300997 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 September 5, 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

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, 1200 Pennsylvania

Ave., NW., Washington, DC 20460. You

may also deliver your request to the

Office of the Hearing Clerk in Rm. C400,

41368 Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Rules and Regulations

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, 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, 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 IX.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 number

OPP–300997, to: Public Information and

Records Integrity Branch, Information

Resources and Services Division

(7502C), Office of Pesticide Programs,

Environmental Protection Agency, 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: opp-docket@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).

X. Regulatory Assessment

Requirements

This final rule establishes an

exemption from the tolerance

requirement under FFDCA section

408(d) in response to a petition

submitted to the Agency. 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 petition

under FFDCA section 408(d), such as

the exemption 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).

XI. 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

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: June 20, 2000.

Joseph J. Merenda, Jr.,

Acting Deputy Director, Office of Pesticide

Programs.

Therefore, 40 CFR chapter I is

amended as follows:

Federal Register / Vol. 65, No. 129 / Wednesday, July 5, 2000 / Rules and Regulations 41369

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.

2. Section 180.1209 is added to

subpart D to read as follows:

§ 180.1209 Bacillus subtilis strain QST

713; exemption from the requirement of a

tolerance.

An exemption from the requirement

of a tolerance is established for residues

of the microbial pesticide Bacillus

subtilis strain QST 713 when used in or

on all food commodities.

[FR Doc. 00–16803 Filed 7–3–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6727–2]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule; deletion of the

Laskin/Poplar Oil Company Superfund

Site from the National Priorities List;

request for comments.

SUMMARY: EPA Region 5 announces the

deletion of the Laskin/Poplar Oil

Company Site from the National

Priorities List (NPL) and requests public

comment on this action. The NPL

constitutes appendix B of 40 CFR part

300 which is the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), which EPA

promulgated pursuant to section 105 of

the Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended.

EPA is taking this action because it has

determined that the responsible parties

have implemented all responses under

CERCLA; and EPA, in consultation with

the State of Ohio, has determined that

no further response is appropriate.

Moreover, EPA and the State have

determined that remedial activities

conducted at the Site to date have been

protective of public health, welfare, and

the environment.

DATES: This ‘‘ direct final’’ action will be

effective September 5, 2000, unless EPA

receives dissenting comments by August

4, 2000. If written dissenting comments

are received, EPA will publish a timely

withdrawal of the rule in the Federal

Register informing the public that the

rule will not take effect.

ADDRESSES: Comments may be mailed to

Gladys Beard, Associate Remedial

Project Manager, Superfund Division,

U.S. EPA, Region 5 77 W. Jackson Blvd.

(SR–6J), Chicago, IL 60604.

Comprehensive information on the site

is available at U.S. EPA’s Region 5 office

and at the local information repository

located at: The Ashtabula Public

Library, 355 W. 44th St., Ashtablula, OH

44004. Requests for comprehensive

copies of documents should be directed

formally to the Region 5 Docket Office.

The address and phone number for the

Regional Docket Officer is Jan

Pfundheller (H–7J), U.S. EPA, Region 5,

77 W. Jackson Blvd., Chicago, IL 60604,

(312) 353–5821.

FOR FURTHER INFORMATION CONTACT:

Richard Boice, Remedial Project

Manager, at (312) 886–4740 (SR–6J), or

Gladys Beard, Associate Remedial

Project Manager, Superfund Division

(SR–6J), U.S. EPA, Region 5, 77 W.

Jackson Blvd., Chicago, IL 60604, (312)

886–7253 or Susan Pastor (P–19J),

Office of Public Affairs, EPA, Region 5

77 W. Jackson Blvd., Chicago, IL 60604,

(312) 353–1325; Mike Eberle, State

Project Manager, at Ohio Environmental

Protection Agency, 2110 East Aurora

Road, Twinsburg, Ohio 44087–1969,

(330) 963–1126; the Laskin Final

Remediation Trust Fund, Engineering

Management, Inc., 1500 Ardmore Blvd.,

Suite 502, Pittsburgh, Pennsylvania

15221–4468, Attn: James R. Campell, at

(412) 244–0917.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

V. Action

I. Introduction

EPA Region 5 announces the deletion

of the Laskin/Poplar Oil Company Site

from the National Priorities List (NPL),

appendix B of the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), 40 CFR part

300. U.S. EPA identifies sites that

appear to present a significant risk to

public health, welfare and the

environment, and maintains the NPL as

the list of those sites. Sites on the NPL

may be the subject of remedial actions

that the Hazardous Substance

Superfund Response Trust Fund (Fund)

finances. Under § 300.425(e) (3) of the

NCP, any site deleted from the NPL

remains eligible for Fund-financed

remedial actions if the conditions at the

site warrant such action.

EPA will accept comments on this

proposal for thirty (30) days after

publication of this document in the

Federal Register.

Section II of this action explains the

criteria for deleting sites from the NPL.

Section III discusses procedures that

U.S. EPA is using for this action.

Section IV discusses the history of this

site and explains how the site meets the

deletion criteria. Section V states U.S.

EPA’s prospective action of deleting the

Site from the NPL unless dissenting

comments are received during the

comment period.

Deletion of sites from the NPL does

not itself create, alter, or revoke any

individual’s rights or obligations.

Specifically, this deletion does not

affect the provisions or requirements of

the Consent Decrees entered in United

States v. Alvia Laskin, et al Civil Action

(84–2035Y N.D. Ohio) and United States

v. Anchor Motor Freight Co., et al, Civil

Action No. (89CV1999 N. D. Ohio.

Furthermore, deletion from the NPL

does not in any way alter U.S. EPA’s

right to take enforcement actions, as

appropriate. The NPL is designed

primarily for informational purposes

and to assist in Agency Management.

II. NPL Deletion Criteria

Section 300.425(e) of the NCP

provides that Sites may be deleted from,

or recategorized on, the NPL where no

further response is appropriate. In

making a determination to delete a

release from the NPL, EPA shall

consider, in consultation with the state,

whether any of the following criteria

have been met:

(i) Responsible parties or other

persons have implemented all

appropriate response actions required;

or

(ii) All appropriate non-time critical

Removal Actions or Fund-financed

responses under CERCLA have been

implemented, and no further response

action by responsible parties is

appropriate; or

(iii) The Remedial Investigation has

shown that the release poses no

significant threat to public health or the

environment and, therefore, remedial

measures are not appropriate. The

Laskin/Poplar Oil Site now meets

criterion (i). Criteria (ii) and (iii) are not

relevant to this Site.

III. Deletion Procedures

The following procedures were

followed before the proposed deletion of

this Site from the NPL:

(1) All appropriate response actions,

under CERCLA have been implemented

and no further EPA action is

appropriate; (2) The State of Ohio has