68912 Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Rules and Regulations

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:October 31, 2000.

James Jones,

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.

§ 180.1001 [Amended]

2. Section 180.1001 is amended by

removing and reserving the text of

paragraph (b)(1).

3. Section 180.1021 is revised to read

as follows:

§ 180.1021 Copper; exemption from the

requirement of a tolerance.

(a) Copper is exempted from the

requirement of a tolerance in meat,

milk, poultry, eggs, fish, shellfish, and

irrigated crops when it results from the

use of:

(1) Copper sulfate as an algicide or

herbicide in irrigation conveyance

systems and lakes, ponds, reservoirs, or

bodies of water in which fish or

shellfish are cultivated.

(2) Basic copper carbonate (malachite)

as an algicide or herbicide in

impounded and stagnant bodies of

water

(3) Copper triethanolamine and

copper monoethanolamine as an

algicide or herbicide in fish hatcheries,

lakes, ponds, and reservoirs

(4) Cuprous oxide bearing antifouling

coatings for control of algae or other

coatings for control of algae or other

organisms on submerged concrete or

other (irrigation) structures.

(b) The following copper compounds

are exempt from the requirement of a

tolerance when applied (primarily) as a

fungicide to growing crops using good

agricultural practices: Bordeaux

mixture, basic copper carbonate

(malachite) (CAS Reg. No. 1184–64–1),

copper ethylenediamine complex,

copper hydroxide (CAS Reg. No. 20427–

59–2), copper lime mixtures, copper

linoleate (CAS Reg. No. 7721–15–5),

copper octanoate (CAS Reg. No. 20543–

04–8), copper oleate (CAS Reg. No.

10402–16–1), copper oxychloride (CAS

Reg. No. 1332–40–7), copper sulfate

basic (CAS Reg. No. 1344–73–6), cupric

oxide (CAS Reg. No. 1317–38–0), and

cuprous oxide (CAS Reg. No. 1317–19–

1).

(c) Copper sulfate pentahydrate (CAS

Reg. No. 7758–99–8) is exempt from the

requirement of a tolerance when applied

as a fungicide to growing crops or to raw

agricultural commodities after harvest.

[FR Doc. 00–28715 Filed 11–14–00; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301077; FRL–6753–3]

RIN 2070–AB78

Pyriproxyfen; Extension of Tolerance

for Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation re-establishes

a time-limited tolerance for residues of

the insecticide Pyriproxyfen and its

metabolites in or on stone fruits (Crop

Group 12) at 0.1 part per million (ppm)

for approximately an additional 2–year

period. This tolerance will expire and is

revoked on December 31, 2002. This

action is in response to EPA’s granting

of an emergency exemption under

section 18 of the Federal Insecticide,

Fungicide, and Rodenticide Act

authorizing use of the pesticide on stone

fruits. Section 408(l)(6) of the Federal

Food, Drug, and Cosmetic Act 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

Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Rules and Regulations 68913

EPA under section 18 of the Federal

Insecticide, Fungicide, and Rodenticide

Act.

DATES: This regulation is effective

November 15, 2000. Objections and

requests for hearings, identified by

docket control number OPP–301077,

must be received by EPA on or before

January 16, 2001.

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–301077 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Andrea Conrath, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (703) 308–9356; and e-mail

address: beard.andrea@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

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,’’ ‘‘Regulations

and Proposed Rules,’’ 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–301077. 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, 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 March 3, 1999

(64 FR 10227) (FRL–6062–4), which

announced that on its own initiative

under section 408 of the Federal Food,

Drug, and Cosmetic Act (FFDCA), 21

U.S.C. 346a, as amended by the Food

Quality Protection Act of 1996 (FQPA)

(Public Law 104–170) it established a

time-limited tolerance for the residues

of Pyriproxyfen and its metabolites in or

on stone fruits at 0.1 ppm, with an

expiration date of 8/31/00. 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 the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA). Such tolerances can be

established without providing notice or

period for public comment.

EPA received a request to extend the

use of Pyriproxyfen on stone fruits for

this year’s growing season due to the

situation remaining an emergency. In

California, San Jose Scale populations

have developed resistance to the

traditionally used pesticides, and no

alternative modes of action have become

available. This pest is expected to lead

to significant yield losses, and losses of

entire orchards, without adequate

control. Pyriproxyfen has a different

mode of action, which has proven

effective at controlling San Jose Scale.

After having reviewed the submission,

EPA concurs that emergency conditions

exist. EPA has authorized under FIFRA

section 18 the use of Pyriproxyfen on

stone fruits for control of San Jose Scale

in California.

EPA assessed the potential risks

presented by residues of Pyriproxyfen in

or on stone fruits. 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 3/03/99 (64 FR 10227) (FRL–6062– 4).

Based on that data and information

considered, the Agency reaffirms that

re-establishing the time-limited

tolerance will continue to meet the

requirements of section 408(l)(6).

Therefore, the time-limited tolerance is

re-established for approximately an

additional 2–year 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, 2002, under FFDCA

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

pesticide not in excess of the amounts

specified in the tolerance remaining in

or on stone fruits 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

68914 Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Rules and Regulations

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–301077 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 January 16, 2001.

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,

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

HearingClerk 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 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–301077, 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: 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 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

Federal Register / Vol. 65, No. 221 / Wednesday, November 15, 2000 / Rules and Regulations 68915

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

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: October 27, 2000.

Donald R. Stubbs,

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.

§ 180.510 Pyriproxyfen; tolerances for

residues.

2. In § 180.510, amend the table in

paragraph (b) by revising the Expiration/

revocation date ‘‘8/31/00’’ to read ‘‘12/

31/02’’ for the commodity ‘‘Stone Fruits

(Crop Group 12).’’

[FR Doc. 00–28811 Filed 11–14–00; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–6900–5]

Massachusetts: Interim Authorization

of State Hazardous Waste Management

Program Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: The Commonwealth of

Massachusetts has applied to EPA for

authorization of certain changes to its

hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). EPA has determined that

these changes satisfy all requirements

needed to qualify for interim

authorization, and is authorizing the

State’s changes through this immediate

final action. The interim authorization

is for Massachusetts to assume the

responsibility under the Toxicity

Characteristics Rule (‘‘TC Rule’’) for

regulating Cathode Ray Tubes (‘‘CRTs’’).

Massachusetts already has been granted

final authorization to regulate all other

hazardous wastes under the TC Rule.

EPA is publishing this rule to authorize

the changes without a prior proposal

because we believe this action is not

controversial and do not expect

comments that oppose it. Unless we get

written comments which oppose this

authorization during the comment

period, the decision to grant interim

authorization to Massachusetts for

changes to their hazardous waste

program will take effect. If we get

comments that oppose this action, we

will publish a document in the Federal

Register withdrawing this rule before it

takes effect and the separate document

in the proposed rules section of this

Federal Register will serve as the

proposal to authorize the changes.

DATES: This interim authorization will

become effective on January 16, 2001

and remain in effect until January 1,

2003 unless EPA receives adverse

written comment by December 15, 2000.

If EPA receives such comment, it will

publish a timely withdrawal of this

immediate final rule in the Federal

Register and inform the public that this

authorization will not take immediate

effect.

ADDRESSES: Send any written comments

to Robin Biscaia, EPA New England,

One Congress Street, Suite 1100 (CHW),

Boston, MA 02114–2023; telephone:

(617) 918–1642. Copies of the

Commonwealth of Massachusetts’

revision application and the materials

which EPA used in evaluating the

revision (the ‘‘Administrative Record’’)

are available for inspection and copying

during normal business hours at the

following locations: Massachusetts

Department of Environmental Protection

Library, One Winter Street—2nd Floor,

Boston, MA 02108, business hours: 9

a.m. to 5 p.m., telephone: (617) 292–

5802; or EPA New England Library, One

Congress Street—11th Floor, Boston,

MA 02114–2023, business hours: 9 a.m.

to 4 p.m., telephone: (617) 918–1990.

FOR FURTHER INFORMATION CONTACT:

Robin Biscaia, Hazardous Waste

Program Unit, Office of Ecosystems

Protection, EPA New England, One

Congress Street, Suite 1100 (CHW),

Boston, MA 02114–2023, telephone:

(617) 918–1642.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State

Programs Necessary?

States which have been authorized to

administer the Federal hazardous waste

program under RCRA section 3006(b),

42 U.S.C. 6926(b), have a continuing

obligation to update their programs to

meet revised Federal requirements. As

the Federal program changes, States

must change their programs and ask

EPA to authorize the changes. Changes

to State programs may be necessary

when Federal or State statutory or

regulatory authority is modified or

when certain other changes occur. Most

commonly, States must revise their

programs because of changes to EPA’s

regulations in 40 Code of Federal

Regulations (CFR) parts 124, 260

through 266, 268, 270, 273 and 279. For

example, States must revise their

programs to regulate the additional

wastes determined to be hazardous as a

result of using the Toxicity

Characteristics Leaching Procedure

(‘‘TCLP’’) test adopted by the EPA on

March 29, 1990, in the TC Rule. 55 FR

11798. The EPA may grant final