Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Notices 53001

associated with the genes. Regulatory

regions are the genetic material that

control the expression of the genetic

material encoding the Cry proteins, such

as promoters, terminators, introns, and

enhancers. DNA is common to all forms

of plant and animal life, and there are

no known instances of where nucleic

acids have been associated with toxic

effects related to their consumption. No

mammalian toxicity is expected from

dietary exposure to the genetic material

necessary for the production of any

Bacillus thuringiensis proteins,

including the Cry1, Cry2, and Cry3

classes of proteins. EPA has also

proposed an exemption from the

requirement for a tolerance for residues

of nucleic acids produced in plants as

part of a plant pesticide active

ingredient (59 FR 60542, November 23,

1994).

D. Aggregate Exposure

Exposure to Cry1, Cry2, and Cry3

proteins via dermal exposure or

inhalation is unlikely given that these

plant pesticides are contained in the

plant, are not exuded and are not

volatile. Therefore, worker and

bystander exposure resulting from plant

pesticides will be negligible, and would

be unlikely to add measurably to any

worker or bystander exposure resulting

from microbial or other Bacillus

thuringiensis formulations. Movement

of the plant pesticides to drinking water

is highly unlikely given that Cry

proteins are known to rapidly degrade

in the soil.

E. Cumulative Exposure

Consideration of a common mode of

toxicity is not appropriate given that

there is no indication of mammalian

toxicity of Cry proteins in microbial or

other formulations and no information

that indicates that toxic effects would be

cumulative with any other compounds.

Mammals are not susceptible to Cry

proteins. This may be explained, in part,

by the fact that conditions required for

the complex steps in the mode of action

do not exist in mammals. As

anticipated, immunocytochemical

analyses of Cry1A have revealed no

comparable binding sites in mammals.

Monsanto is not aware of any other

substances that may be related, via a

common mechanism of toxicity, to the

proteins that are the subject of the

proposed exemption.

F. Safety Determination

1. U.S. population in general. The

lack of toxicity and the rapid

digestibility of Cry proteins provides

evidence for the lack of toxicity and

allergenicty and supports an exemption

from the requirement of a tolerance for

the Bacillus thuringiensis Cry1, Cry2,

and Cry3 classes of proteins. These

proteins have been used in microbial

insecticide formulations that have been

registered by the EPA and commercially

available since the early 1960s.

Accordingly, the available information

supports a finding that there is a

reasonable certainty that no harm will

result to the U.S. population in general

form aggregate dietary exposure to the

Cry1, Cry2, and Cry3 classes of proteins.

2. Infants and Children. Bacillus

thuringiensis Cry proteins are expressed

in plants to protect the plant from insect

damage. Therefore, nondietary exposure

to infants and children is not expected.

The lack of toxicity of Cry proteins and

history of safe use of Bacillus

thuringiensis microbial pesticides

provides reasonable certainty that no

harm will result to infants and children

from aggregate dietary exposure to Cry1,

Cry2, and Cry3 classes of proteins.

Accordingly, there is no need to apply

an additional safety factor for infants

and children.

G. Existing Tolerances

Exemptions from the requirement for

a tolerance have been granted by EPA

for Cry1Ab and Cry1Ac and the genetic

material necessary for their production

in all plant raw agricultural

commodities (61 FR 40340, August 2,

1996 and 62 FR 17720, April 11, 1997,

respectively) and for Cry3A and the

genetic material necessary for its

production in potatoes (60 FR 21725,

May 3, 1995).

[FR Doc. 97–27012 Filed 10–9–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5908–7]

Agency Information Collection

Activities; OMB Responses

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces the

Office of Management and Budget’s

(OMB) responses to Agency clearance

requests, in compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et, seq.). An agency may not

conduct or sponsor, and a person is not

required to respond to, a collection of

information unless it displays a

currently valid OMB control number.

The OMB control numbers for EPA’s

regulations are listed in 40 CFR part 9

and 48 CFR Chapter 15.

FOR FURTHER INFORMATION CONTACT:

Sandy Farmer (202) 260–2740, please

refer to the appropriate EPA Information

Collection Request (ICR) Number.

SUPPLEMENTARY INFORMATION:

OMB Responses to Agency Clearance

Requests

OMB Approvals

EPA ICR No. 1495.04; FIFRA

Reregistration Fees; was approved 09/

19/97; OMB No. 2070–0101; expires 09/

30/2000.

EPA ICR No. 0940.15; Ambient Air

Quality Surveillance Revision; was

approved 09/30/97; OMB No. 2060–

0084; expires 03/31/99.

EPA ICR No. 0184.05; Vehicle

Emission Control Defect Survey

Questionnaire; was approved 08/27/97;

OMB No. 2060–0047; expires 08/31/

2000.

EPA ICR No. 1680.02; Combined

Sewer Overflow Policy; was approved

09/19/97; OMB No. 2040–0170; expires

09/30/2000.

EPA ICR No. 0783.36; Application for

Motor Vehicle Emission Certification

and Fuel Economy Labeling, SFTP

Amendment; was approved 08/27/97;

OMB No. 2060–0104; expires 08/31/98.

EPA ICR No. 1810.01; Obtaining

Unbilled Grant Expenses from Grant

Recipients; was approved 09/15/97;

OMB No. 2030–0037; expires 09/30/

2000.

EPA ICR No. 1797.01; NSPS for

Petroleum Storage Liquid Vessels—40

CFR 60, Subpart K; was approved 09/

22/97; OMB No. 2020–0009; expires 09/

30/2000.

EPA ICR No. 1204.07; Submission of

Unreasonable Adverse Effects

Information under FIFRA Section

6(a)(2); was approved 09/24/97; OMB

No. 2070–0039; expires 09/30/2000.

EPA ICR No. 0278.06; Supplemental

Distribution of a Registered Pesticide

Product; was approved 09/19/97; OMB

No. 2070–0044; expires 09/30/2000.

EPA ICR No. 1214.04; Pesticide

Product Registration Maintenance Fee;

was approved 09/19/97; OMB No. 2070–

0100; expires 09/30/2000.

EPA ICR No. 0155.06; Certification of

Pesticide Applicators—40 CFR Part 171;

was approved 09/30/97; OMB No. 2070–

0029; expires 09/30/2000.

EPA ICR No. 1230.09; Prevention of

Significant Deterioration NonAttainment Area New Source Review;

was approved 09/30/97; expires 09/30/

2000.

EPA ICR No. 1038.09; Invitation for

Bids and Request for Proposals; was

approved 09/30/97; OMB No. 2030–

0006; expires 09/30/2000.
53002 Federal Register / Vol. 62, No. 197 / Friday, October 10, 1997 / Notices

Notice of Short Term Extensions

EPA ICR No. 1718.01; Regulations for

Fuels and Fuels Additives, Fuel Quality

Regulations for Highway Diesel Fuel

Sold in 1993 and Later Calendar Years

(Interim Final Rule); OMB No. 2060–

0308; expiration date was extended

from 10/31/97 to 03/31/98.

EPA ICR No. 1425.03; Application for

Reimbursement of Local Governments;

OMB No. 2050–0077; expiration date

was extended from 9/30/97 to 03/31/98.

Dated: October 6, 1997.

Joseph Retzer,

Division Director, Regulatory Information

Division.

[FR Doc. 97–27015 Filed 10–9–97; 8:45 am]

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5908–1]

State Program Requirements; Revision

of the Approved National Pollutant

Discharge Elimination System

(NPDES) Program in Oklahoma

AGENCY: Environmental Protection

Agency.

ACTION: Notice of revision of the

Oklahoma Pollutant Discharge

Elimination System under the Clean

Water Act.

SUMMARY: The Environmental Protection

Agency (EPA), Region 6, provides notice

that the approved program for the State

of Oklahoma under the National

Pollutant Discharge Elimination System

(NPDES) program has been revised. The

requirements for revising authorized

state programs are found in Volume 40

Code of Federal Regulations (CFR)

section 123.62. The revised program

provides Oklahoma Department of

Environmental Quality (ODEQ) the

authority to issue general permits under

the OPDES permitting program; and

changes the enforcement program to

include authority for the Oklahoma

Ordinance Works Authority (OOWA).

DATES: This revision was approved by

the EPA Region 6 Administrator on

September 11, 1997.

ADDRESSES: The revised Oklahoma

program documents are available to the

public during normal business hours,

Monday through Friday, excluding

holidays, at:

EPA Region 6, 12th Floor Library, 1445

Ross Avenue, Dallas, Texas 75202,

(214) 665–7513

ODEQ Headquarters, Department of

Environmental Quality, Water Quality

Division, 1000 N.E. 10th Street,

Oklahoma City, Oklahoma 73117–

1212.

FOR FURTHER INFORMATION CONTACT: Ms.

Wilma Turner at the EPA address listed

above or by calling (214) 665–7516; or

Norma Aldridge at the ODEQ address

listed above or by calling (405) 271–

5205.

Part or all of the State’s revised

program (which comprises

approximately 2260 pages) may be

copied at the ODEQ office in Oklahoma

City, or EPA office in Dallas, at a

minimal cost per page. A paper copy of

the entire submission may be obtained

from the ODEQ office in Oklahoma City

for a $339 fee (the cost of the changed

pages only is $121.55). An electronic

copy of the documents stored on

computer disk will be provided at no

cost to interested parties who supply

three disks to ODEQ for that purpose,

with a self-addressed, stamped mailing

container. The disks must be new, 3.5′′

high density/double-sided microdisks.

The documents will be copied to the

disks in WordPerfect 6.0.

SUPPLEMENTARY INFORMATION: Section

402 of the Clean Water Act (Act) created

the NPDES program under which EPA

may issue permits for the point source

discharge of pollutants to waters of the

United States under conditions required

by the Act. Section 402 also provides

that EPA may authorize a State to

administer an equivalent state program

upon a showing the State has authority

and a program sufficient to meet the

Act’s requirements.

The approved state program, i.e., the

Oklahoma Pollutant Discharge

Elimination System (OPDES) program,

is a partial program which operates in

lieu of the EPA administered NPDES

program pursuant to section 402 of the

CWA. The OPDES program is

administered by the Oklahoma

Department of Environmental Quality

(ODEQ). The basic requirements for

revising approved state programs are

listed in 40 CFR section 123.62. EPA

Region 6 considers the documents

submitted by the State of Oklahoma

complete at the time of this notice and

believes they comply with the

regulations found at 40 CFR part 123.

These changes to the Oklahoma program

were explained in the Federal Register

Notice (61 FR 65047) approving the

OPDES program, and are not considered

to be significant. Therefore, EPA has

approved the OPDES program revision

as described by the Oklahoma

Department of Environmental Quality.

As of this Notice EPA will transfer

administration of its general permits to

ODEQ [except for those discharges

which are not under the jurisdiction of

ODEQ, see Scope and Summary of the

OPDES Permitting Program in 61 FR

65047].

Changes to the Approved OPDES

Documents

The Federal Register Notice of EPA’s

approval of the OPDES program (61 FR

65047) restricted approval of the OPDES

program with respect to enforcement

authority for the Oklahoma Ordinance

Works Authority (OOWA) facility, and

ODEQ’s general permitting authority:

‘‘5. Oklahoma Ordinance Works

Authority (OOWA). EPA will retain

enforcement authority for OOWA

(NPDES permit No. OK0034568),

located in Pryor, Oklahoma, and all

industries served by this facility. ODEQ

is legally responsible for implementing

the pretreatment program at OOWA.

6. Authority over EPA issued general

permits: EPA will retain authority to

administer general permits in

accordance with 40 CFR 123.1. As

explained in the Federal Register Notice

proposing approval of the OPDES

program, Oklahoma is revising its

statutes and regulations to provide the

Executive Director of the Oklahoma

Department of Environmental Quality

with the full authority to issue general

permits under the OPDES program. This

revision of Oklahoma Law is to ensure

that the Oklahoma general permitting

program is consistent with the

requirements of 40 CFR 123.25(c).’’

ODEQ has now restructured its

oversight of the OOWA facility’s

pretreatment program to ensure

separation of responsibility from its

NPDES enforcement activities. The

Memorandum of Agreement, the

Program Description and the

Enforcement Management System have

been changed to reflect these

separations of responsibilities from each

other. These changes in responsibility

and procedures are reflected in those

documents and are available to the

public.

With regard to general permitting

authority, the State of Oklahoma has

revised its statutes to provide the

Director of ODEQ with the authority to

issue general permits in a manner

consistent with the requirements of 40

CFR part 123. The revision of

Oklahoma’s statutes was done through

that State’s public legislative process.

The program documents (i.e., the

Memorandum of Agreement, the

Program Description and the Attorney

General’s Statement) have been revised

to reflect this new authority and

procedures. These changes, along with

the new statutory authority are available

to the public.