35990 Federal Register / Vol. 67, No. 99 / Wednesday, May 22, 2002 / Notices 

1The final figure for the annual average PPI–FG 

is published by the Bureau of Labor Statistics in 

mid-May of each year. This figure is publicly 

available from the Division of Industrial Prices and 

Price Indexes of the Bureau of Labor Statistics, at 

(202) 691–7705, and is available in print in August 

in Table 1 of the annual data supplement to the BLS 

publication Producer Price Indexes. The PPI data 

are also available via the Internet. The Internet 

address is [http://www.bls.gov/ppi]. To obtain the 

BLS data, click on Get Detailed Statistics, then click 

on Commodity Data under the Create Customized 

Tables (one screen) heading. At step 1, scroll all the 

way to the bottom and choose SOP. At step 2, scroll 

and choose SOP3000. At step 3, check the Not 

Seasonally Adjusted box and then click on Get Data 

at step 4.

2 [140.7¥138.0]/138.0 = 0.019565¥.01 = 

0.009565.

3 1 + 0.009565 = 1.009565.

4For a listing of all prior multipliers issued by the 

Commission, see the Commission’s website, 

www.ferc.gov. The table of multipliers can be found 

under the headings ‘‘Oil’’ and ‘‘Index’’.

1Although there are 35 separate permitting 

authorities in California, one permitting authority, 

Antelope Valley APCD, was not included in our 

final action because it only recently obtained its 

authority to issue part 70 permits and is still under 

its initial interim approval status granted on 

December 19, 2000 (65 FR 79314).

2001 was 140.7.1 Thus, the percent 

change (expressed as a decimal) in the 

annual average PPI–FG from 2000 to 

2001, minus one percent, is 0.009565.2

Oil pipelines must multiply their July 1, 

2001—June 30, 2002 index ceiling levels 

by 1.009565 3 to compute their index 

ceiling levels for the period July 1, 2002, 

through June 30, 2003, in accordance 

with 18 CFR 342.3(d). For guidance in 

calculating the ceiling levels for each 

period beginning January 1, 1995,4 see 

Explorer Pipeline Company, 71 FERC 

61,416 at n.6 (1995).

Document Availability 

In addition to publishing the full text 

of this document in the Federal 

Register, the Commission also provides 

all interested persons an opportunity to 

inspect or copy the contents of this 

document during normal business hours 

in the Public Reference Room at 888 

First Street, NE, Room 2A, Washington, 

DC 20426. 

The Commission Issuance Posting 

System (CIPS) provides access to the 

texts of formal documents issued by the 

Commission from November 14, 1994, 

to the present. CIPS can be accessed via 

Internet through FERC’s Home Page 

(http://www.ferc.gov) on CIPS in ASCII 

and WordPerfect 6.1. User assistance is 

available at 202–208–2222 or by E-mail 

to cips.master@ferc.gov.

This document is also available 

through the Commission’s Records and 

Information Management System 

(RIMS), an electronic storage and 

retrieval system of documents submitted 

to and issued by the Commission after 

November 16, 1981. Documents from 

November 1995 to the present can be 

viewed and printed. RIMS is available 

in the Public Reference Room or 

remotely via Internet through FERC’s 

Home Page using the RIMS link or the 

Energy Information online icon. User 

assistance is available at 202–208–2222, 

or by E-mail to rimsmaster@ferc.gov. 

Finally, the complete text on diskette 

in WordPerfect format may be 

purchased from the Commission’s copy 

contract; American Electronic Imaging 

Company, Inc. American Electronic 

Imaging Company, Inc., is located at 888 

First Street, NE., Suite 2A–16, 

Washington, DC 20426.

Magalie R. Salas 

Secretary

[FR Doc. 02–12748 Filed 5–21–02; 8:45 am] 

BILLING CODE 6717–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[CA077–NOD; FRL–7215–1] 

Notice of Deficiency for 34 Clean Air 

Act Operating Permits Programs in 

California

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice of deficiency.

SUMMARY: Pursuant to our authority at 

Clean Air Act section 504(i) and the 

implementing regulations at 40 CFR 

70.10(b)(1), EPA is publishing this 

Notice of Deficiency for the following 34 

Clean Air Act title V Operating Permits 

Programs in the State of California: 

Amador County Air Pollution Control 

District (APCD), Bay Area Air Quality 

Management District (AQMD), Butte 

County AQMD, Calaveras County 

APCD, Colusa County APCD, El Dorado 

County APCD, Feather River AQMD, 

Glenn County APCD, Great Basin 

Unified APCD, Imperial County APCD, 

Kern County APCD, Lake County 

AQMD, Lassen County APCD, Mariposa 

County APCD, Mendocino County 

APCD, Modoc County APCD, Mojave 

Desert AQMD, Monterey Bay Unified 

APCD, North Coast Unified AQMD, 

Northern Sierra AQMD, Northern 

Sonoma County APCD, Placer County 

APCD, Sacramento Metro AQMD, San 

Diego County APCD, San Joaquin Valley 

Unified APCD, San Luis Obispo County 

APCD, Santa Barbara County APCD, 

Shasta County APCD, Siskiyou County 

APCD, South Coast AQMD, Tehama 

County APCD, Tuolumne County APCD, 

Ventura County APCD, and Yolo-Solano 

AQMD. The Notice of Deficiency is 

based upon EPA’s finding that the 

State’s agricultural permitting 

exemption at Health and Safety Code 

42310(e) unduly restricts the local 

districts’ ability to adequately 

administer and enforce their title V 

programs, which have previously been 

granted full approval status. Therefore, 

EPA finds that the 34 districts’ title V 

programs do not meet the minimum 

requirements required by Federal law. 

Publication of this notice is a 

prerequisite for withdrawal of title V 

program approval for the 34 districts, 

but does not effect such a withdrawal. 

Withdrawal of program approval, if 

necessary, will be accomplished 

through subsequent rulemaking.

EFFECTIVE DATE: May 22, 2002. Because 

this NOD is an adjudication and not a 

final rule, the Administrative Procedure 

Act’s 30-day deferral of the effective 

date of a rule does not apply.

FOR FURTHER INFORMATION CONTACT:

Gerardo C. Rios, Chief, Permits Office, 

Air Division, U.S. EPA Region IX, 75 

Hawthorne Street, San Francisco, CA 

94105, (415) 972–3974.

SUPPLEMENTARY INFORMATION:

Throughout this document, ‘‘we,’’ ‘‘us,’’

or ‘‘our’’ means EPA.

Table of Contents 

I. Description of Action and Identification of 

Program Deficiency 

II. Effect of Notice of Deficiency 

III. Administrative Requirements

I. Description of Action and 

Identification of Program Deficiency 

We are publishing this Notice of 

Deficiency (NOD) for thirty-four (34) 

Clean Air Act (CAA or Act) operating 

permits programs in California. EPA 

promulgated final full approval of all 34 

districts’ title V operating permits 

programs on November 30, 2001. See 66 

FR 63503 (December 7, 2001).1 This 

document is being published to satisfy 

40 CFR 70.10(b)(1), which provides that 

EPA shall publish in the Federal 

Register a notice of any determination 

that a title V permitting authority is not 

adequately administering or enforcing 

its title V operating permits program.

EPA has determined that all 34 local 

permitting authorities in California that 

have fully approved title V operating 

permit programs are not adequately 

administering or enforcing their 

programs because state law at Health 

and Safety Code 42310(e) exempts from 

permitting, ‘‘equipment used in 

agricultural operations in the growing of 

crops or the raising of fowl or animals.’’

Title V of the Act does not provide for 

this exemption and requires that all 

permitting authorities have the 

authority to ‘‘issue permits and assure 

compliance by all sources required to 

Federal Register / Vol. 67, No. 99 / Wednesday, May 22, 2002 / Notices 35991

2The EPA is developing an Order of Sanctions 

rule to determine which sanction applies at the end 

of this 18-month period.

have a permit under this subchapter 

with each applicable standard, 

regulation or requirement under this 

chapter.’’ CAA 502(b)(5)(A). These 

requirements are echoed in the 

operating permit program approval 

regulations promulgated at 40 CFR part 

70. See 40 CFR 70.4(b)(3)(i). 

II. Effect of Notice of Deficiency 

40 CFR 70.10(b) and 70.10(c) provide 

that EPA may withdraw a 40 CFR part 

70 program approval, in whole or in 

part, whenever the permitting 

authority’s legal authority does not meet 

the requirements of part 70 and the 

permitting authority fails to take 

corrective action. 40 CFR 70.10(b) sets 

forth the procedures for program 

withdrawal, and requires as a 

prerequisite to withdrawal that the 

permitting authority be notified of any 

finding of deficiency by the 

Administrator and that the notice be 

published in the Federal Register. 

Today’s notice satisfies this requirement 

and constitutes a finding of program 

deficiency for each of the 34 districts 

listed above. 

If the State of California has not taken 

significant action to change state law to 

provide each of the 34 permitting 

authorities adequate authority to issue 

permits and assure compliance by all 

subject sources within 90 days after 

publication of this notice of deficiency, 

then EPA will take action to partially 

withdraw approval of each of the 34 

California districts’ title V operating 

permits programs. Such action would 

only withdraw the portions of the 

programs that relate to state-exempt 

major stationary agricultural sources. 

Also, if the state does not correct the 

deficiency during the 90-day period, 

then EPA has the discretion to apply 

sanctions under section 179(b). Further, 

40 CFR 70.10(b)(3) provides that, if a 

state has not corrected the deficiency 

within 18 months after the effective date 

of this notice, EPA will apply the 

sanctions under section 179(b) of the 

Act in accordance with section 179(a) of 

the Act.2 CAA § 502(i)(1) and (2), 40 

CFR 70.4(k) and 70.10(b)(2)–(4).

This notice of deficiency is not itself 

a proposal to withdraw approval of the 

title V operating permits program for the 

34 districts in California. Consistent 

with 40 CFR 70.10(b)(2), this notice 

provides the State of California 90 days 

to take significant action to assure 

adequate administration and 

enforcement of the local districts’

programs. As stated above, EPA has 

determined that significant action in 

this instance means the revision or 

removal of Health and Safety Code 

42310(e) so that local air pollution 

control districts have the required 

authority to issue title V permits to 

stationary agricultural sources that are 

major sources of air pollution. In 

anticipation that the State of California 

will not effect the necessary change in 

state law within 90 days, EPA expects 

to propose to partially withdraw 

approval for each of the 34 identified 

title V operating permits programs 

before the end of the 90 days provided 

in this notice; however, consistent with 

40 CFR 70.10(b)(4), final action on our 

proposal will occur only after the 90 

days for the state to take significant 

action has elapsed. EPA will ensure that 

the public comment period on the 

proposal to partially withdraw approval 

will extend beyond the 90-day period 

for the state to take significant action so 

that the public will have an opportunity 

to fully comment on that aspect of our 

action. 

III. Administrative Requirements 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

today’s action may be filed in the 

United States Court of Appeals for the 

appropriate circuit within 60 days of 

July 22, 2002.

List of Subjects in 40 CFR Part 70 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements.

Dated: May 14,2002. 

Sally Seymour, 

Acting Regional Administrator, Region 9.

[FR Doc. 02–12847 Filed 5–21–02; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPP–2002–0060; FRL–7178–9] 

Organophosphate Pesticides; 

Reassessment of Certain NonContributing Tolerances

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: As part of its ongoing review 

of existing organophosphate (OP) 

tolerances under the Food Quality 

Protection Act (FQPA), EPA has 

determined that 275 OP tolerances can 

be reassessed at this time. These ‘‘noncontributor’’ tolerances meet the FQPA 

safety standard in section 408(b)(2) of 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA) and can be reassessed for 

the purposes of FFDCA section 408(q). 

EPA has concluded that these tolerances 

make, at most, a negligible contribution 

to the cumulative risk from OP 

pesticides. This Notice discusses the 

concept and basis for this approach to 

reassessing selected OP tolerances based 

on available information relating to the 

OP cumulative risk assessment. EPA 

expects that additional tolerances will 

be appropriate for reassessment based 

on the kind of approach described in 

this Notice. This Notice also identifies 

the first non-contributor tolerances that 

are considered reassessed (certain 

tolerances for meat commodities, animal 

feeds, refined sugars, and other uses), 

and seeks comment on EPA’s approach 

to the identification of other noncontributors.

DATES: Comments, identified by the 

docket control number OPP–2002–0060, 

for approaches for identifying other 

tolerances that make, at most, a 

negligible contribution to the 

cumulative risk from OP pesticides 

must be received on or before June 21, 

2002.

ADDRESSES: Comments may be 

submitted by mail, electronically, or in 

person. Please follow the detailed 

instructions for each method as 

provided in Unit I. of the 

SUPPLEMENTARY INFORMATION. To ensure 

proper receipt by EPA, it is imperative 

that you identify the docket control 

number OPP–2002–0060 in the subject 

line on the first page of your response.

FOR FURTHER INFORMATION CONTACT:

Karen Angulo, Special Review and 

Reregistration Division (7805C), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone number: 703–308–8004; email address: angulo.karen@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed to the public 

in general who are interested in the use 

of pesticides on food. As such, the 

Agency has not attempted to specifically 

describe all the entities potentially 

affected by this action. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT.