49620 Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations

Buckingham, FIFRA, Section 7

Registration Contact, Agriculture and

Ecosystems Division (2225A), Office of

Compliance, Office of Enforcement and

Compliance Assurance, U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460,

(202) 564–5008; Fax: (202) 564–0085.

SUPPLEMENTARY INFORMATION: Section 7

of the Federal Insecticide, Fungicide,

and Rodenticide Act (FIFRA) requires

that pesticides subject to the Act be

produced only in establishments

registered with EPA, and requires that

registered establishments file annual

reports with the Agency. The Agency

has established regulations at 40 CFR

part 167 to implement the requirements

of section 7 of FIFRA. Section 167.90 of

those regulations directs that

applications for registration of

establishments and annual reports be

sent to the appropriate EPA regional

office (if a registered establishment is

located in the United States) or to a

specified address at EPA headquarters

(if a registered establishment is located

in any other country). The Agency is, by

this document, amending 40 CFR

167.90(b) by revising the address to be

used by foreign establishments when

submitting applications or annual

reports to the Agency. This technical

amendment to the regulations will

become effective upon publication of

this document in the Federal Register.

List of Subjects in 40 CFR Part 167

Environmental protection, Pesticides

and pests, Pesticide company, Pesticide

producing establishment, Reporting and

recordkeeping requirements.

Dated: September 17, 1997.

Elaine G. Stanley,

Director, Office of Compliance, Office of

Enforcement and Compliance Assurance.

Therefore, 40 CFR part 167 is

amended as follows:

PART 167—[AMENDED]

1. The authority citation for part 167

continues to read as follows:

Authority: 7 U.S.C. 136 (e) and (w).

2. In § 167.90(b), by revising the

address at the end of the paragraph to

read as follows:

§ 167.90 Where to obtain and submit

forms.

* * * * *

(b) * * *

U.S. Environmental Protection Agency,

Office of Enforcement and Compliance

Assurance, Office of Compliance, Agriculture

and Ecosystems Division (2225A), 401 M

Street, SW, Washington, DC 20460, ATTN:

Foreign Registration Clerk.

[FR Doc. 97–25223 Filed 9–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 281

[FRL–5896–7]

West Virginia; Final Approval of State

Underground Storage Tank Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of final determination on

West Virginia’s application for program

approval.

SUMMARY: The State of West Virginia has

applied for approval of its underground

storage tank program under Subtitle I of

the Resource Conservation and

Recovery Act (RCRA). The

Environmental Protection Agency (EPA)

has reviewed the State of West

Virginia’s application and has made a

final determination that the State of

West Virginia’s underground storage

tank program satisfies all of the

requirements necessary to qualify for

approval. Thus, EPA is granting final

approval to the State of West Virginia to

operate its program.

EFFECTIVE DATES: Program approval for

West Virginia shall be effective on

October 23, 1997.

FOR FURTHER INFORMATION CONTACT:

Joanne Cassidy, State Programs Branch

(3HW60), U.S. EPA Region III, 841

Chestnut Building, Philadelphia,

Pennsylvania 19107, (215) 566–3381.

SUPPLEMENTARY INFORMATION:

A. Background

Section 9004 of the Resource

Conservation and Recovery Act (RCRA)

authorizes EPA to approve State

underground storage tank programs to

operate in the State in lieu of the

Federal underground storage tank (UST)

program. To qualify for approval, a

State’s program must be ‘‘no less

stringent’’ than the Federal program in

all seven elements set forth at section

9004(a) (1) through (7) of RCRA, 42

U.S.C. 6991c(a) (1) through (7), as well

as the notification requirements of

section 9004(a)(8) of RCRA, 42 U.S.C.

6991c(a)(8) and must provide for

adequate enforcement of compliance

with UST standards (section 9004(a) of

RCRA, 42 U.S.C. 6991c(a)).

On July 7, 1997, the State of West

Virginia submitted an official

application for approval to administer

its underground storage tank program.

On August 1, 1997, EPA published a

tentative determination announcing its

intent to approve the District’s program.

Further background on the tentative

decision to grant approval appears at 62

FR 41326, (August 1, 1997).

Along with the tentative

determination, EPA announced the

availability of the application for public

review and comment, and the date of a

tentative public hearing on the

application and EPA’s tentative

determination. EPA requested advance

notice for testimony and reserved the

right to cancel the public hearing in the

event of insufficient public interest.

Since there were no requests to hold a

public hearing, it was cancelled.

B. Final Decision

I conclude that the State of West

Virginia’s application for program

approval meets all of the statutory and

regulatory requirements established by

Subtitle I of RCRA and 40 CFR part 281.

Accordingly, the State of West Virginia

is granted approval to operate its

underground storage tank program in

lieu of the Federal program.

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this action from the

requirements of section 6 of Executive

Order 12866.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), P.L. 104–

4, establishes requirements for Federal

agencies to assess the effects of certain

regulatory actions on State, local, and

tribal governments and the private

sector. Under sections 202 and 205 of

the UMRA, EPA generally must prepare

a written statement of economic and

regulatory alternatives analyses for

proposed and final rules with Federal

mandates, as defined by the UMRA, that

may result in expenditures to State,

local, and tribal governments, in the

aggregate, or to the private sector, of

$100 million or more in any one year.

The section 202 and 205 requirements

do not apply to today’s action because

it is not a ‘‘Federal mandate’’ and

because it does not impose annual costs

of $100 million or more.

Today’s rule contains no Federal

mandates for State, local or tribal

governments or the private sector for

two reasons. First, today’s action does

not impose new or additional

enforceable duties on any State, local or

tribal governments or the private sector

because the requirements of the West

Virginia program are already imposed
Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations 49621

by the State and subject to State law.

Second, the Act also generally excludes

from the definition of a ‘‘Federal

mandate’’ duties that arise from

participation in a voluntary Federal

program. West Virginia’s participation

in an authorized UST program is

voluntary.

Even if today’s rule did contain a

Federal mandate, this rule will not

result in annual expenditures of $100

million or more for State, local, and/or

tribal governments in the aggregate, or

the private sector. Costs to State, local

and/or tribal governments already exist

under the West Virginia program, and

today’s action does not impose any

additional obligations on regulated

entities. In fact, EPA’s approval of state

programs generally may reduce, not

increase, compliance costs for the

private sector.

The requirements of section 203 of

UMRA also do not apply to today’s

action. Before EPA establishes any

regulatory requirements that may

significantly or uniquely affect small

governments, section 203 of the UMRA

requires EPA to develop a small

government agency plan. This rule

contains no regulatory requirements that

might significantly or uniquely affect

small governments. The Agency

recognizes that although small

governments may own and/or operate

USTs, they are already subject to the

regulatory requirements under existing

state law which are being authorized by

EPA, and, thus, are not subject to any

additional significant or unique

requirements by virtue of this program

approval.

Certification Under the Regulatory

Flexibility Act

EPA has determined that this

authorization will not have a significant

economic impact on a substantial

number of small entities. Such small

entities which own and/or operate USTs

are already subject to the regulatory

requirements under existing State law

which are being authorized by EPA.

EPA’s authorization does not impose

any additional burdens on these small

entities. This is because EPA’s

authorization would simply result in an

administrative change, rather than a

change in the substantive requirements

imposed on these small entities.

Therefore, EPA provides the following

certification under the Regulatory

Flexibility Act, as amended by the

Small Business Regulatory Enforcement

Fairness Act. Pursuant to the provision

at 5 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 approves regulatory

requirements under existing State law to

which small entities are already subject.

It does not impose any new burdens on

small entities. This rule, therefore, does

not require a regulatory flexibility

analysis.

Submission to Congress and the General

Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 281

Administrative practice and

procedure, Hazardous materials, State

program approval, and Underground

storage tanks.

Authority: This notice is issued under the

authority of section 9004 of the Resource

Conservation and Recovery Act, as amended,

42 U.S.C. 6991c.

Dated: September 15, 1997.

W. Michael McCabe,

Regional Administrator.

[FR Doc. 97–25132 Filed 9–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5895–3]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the

Spokane Junkyard and Associated

Properties site from the National

Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA) Region 10 announces the

deletion of the Spokane Junkyard and

Associated Properties Site from the

National Priorities List (NPL). 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, as amended (CERCLA).

EPA and the State of Washington

Department of Ecology (Ecology) have

determined that no further cleanup

under CERCLA is appropriate and that

the selected remedy has been protective

of human health and the environment.

EFFECTIVE DATE: September 23, 1997.

FOR FURTHER INFORMATION CONTACT:

Kevin Rochlin, U.S. EPA Region 10,

1200 Sixth Avenue, Mail Stop: ECL–

111, Seattle, Washington 98101, (206)

553–2106.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Spokane

Junkyard and Associated Properties,

Spokane, Washington.

A Notice of Intent to Delete for this

site was published on August 7, 1997,

(62 FR 42414). The closing date for

comments on the Notice of Intent to

Delete was September 7, 1997. EPA

received no comments.

EPA identifies sites which appear to

present a significant risk to human

health, welfare or the environment, and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Hazardous Substances

Response Trust Fund-financed remedial

actions. Any site deleted from the NPL

remains eligible for Fund-financed

remedial actions in the unlikely event

that conditions at the site warrant such

action. Section 300.425 of the NCP

states that Fund-financed actions may

be taken at sites deleted from the NPL.

Deletion of a site from the NPL does not

affect responsible party liability or

impede Agency efforts to recover costs

associated with response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, and Water supply.

For the reasons set out in the

preamble, 40 CFR part 300 is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for Part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR

1991 Comp., p. 351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp., p. 193.

Appendix B—[Amended]

2. Table 1 of Appendix B to part 300

is amended by removing the entry for

‘‘Spokane Junkyard/Associated

Properties, Spokane, Washington.’’