18526 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81

[FRL–5809–5]

Clean Air Act Promulgation of

Extension of Attainment Date for the

Portland, Maine Moderate Ozone

Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is extending the

attainment date for the Portland, Maine

moderate ozone nonattainment area

from November 15, 1996 to November

15, 1997. This extension is based in part

on monitored air quality readings for the

national ambient air quality standard

(NAAQS) for ozone during 1996.

Accordingly, EPA is updating the table

in 40 CFR part 81 concerning attainment

dates for the State of Maine.

DATES: This extension becomes effective

June 2, 1997 unless before May 16, 1997

adverse or critical comments are

received. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Comments may be mailed to

Susan Studlien, Deputy Director, Office

of Ecosystem Protection (mail code

CAA), U.S. Environmental Protection

Agency, Region I, JFK Federal Building,

Boston, MA 02203. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours, by appointment

at the Office of Ecosystem Protection,

U.S. Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA 02203; and the

Bureau of Air Quality Control,

Department of Environmental

Protection, 71 Hospital Street, Augusta,

ME 04333. Persons interested in

examining these documents should

make an appointment with the

appropriate office at least 24 hours

before the visiting day.

FOR FURTHER INFORMATION CONTACT:

Richard P. Burkhart, U.S.

Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA 02203, (617) 565–

3578.

SUPPLEMENTARY INFORMATION:

Request for Attainment Date Extension

for the Portland Area

On November 1, 1996, the State of

Maine requested a one-year attainment

date extension for the Portland

moderate ozone nonattainment area.

This area, which consists of York,

Cumberland and Sagadahoc counties, is

currently designated a moderate ozone

nonattainment area. The statutory ozone

attainment date, as prescribed by

section 181(a) of the Clean Air Act as

amended in 1990 (‘‘the Act’’), was

November 15, 1996.

CAA Requirements and EPA Actions

Concerning Designation and

Classification

Section 107(d)(4) of the Act required

the States and EPA to designate areas as

attainment, nonattainment, or

unclassifiable for ozone as well as other

pollutants for which national ambient

air quality standards (NAAQS) have

been set. Section 181(a)(1) required that

ozone nonattainment areas be classified

as marginal, moderate, serious, severe,

or extreme, depending on their air

quality.

In a series of Federal Register

documents, EPA completed this process

by designating and classifying all areas

of the country for ozone. See, e.g., 56 FR

58694 (Nov. 6, 1991); 57 FR 56762 (Nov.

30, 1992); 59 FR 18967 (April 21, 1994).

Areas designated nonattainment for

ozone are required to meet attainment

dates specified under the Act. The

Portland ozone nonattainment area was

designated nonattainment and classified

moderate for ozone pursuant to 56 FR

58694 (Nov. 6, 1991). By this

classification, its attainment date

became November 15, 1996. A

discussion of the attainment dates is

found in 57 FR 13498 (April 16, 1992)

(the General Preamble).

CAA Requirements and EPA Actions

Concerning Meeting the Attainment

Date

Section 181(b)(2)(A) requires the

Administrator, within six months of the

attainment date, to determine whether

ozone nonattainment areas attained the

NAAQS. For ozone, EPA determines

attainment status on the basis of the

expected number of exceedances of the

NAAQS over the three-year period up

to, and including, the attainment date.

See General Preamble, 57 FR 13506. In

the case of ozone moderate

nonattainment areas, the three-year

period is 1994–1996. CAA section

181(b)(2)(A) further states that, for areas

classified as marginal, moderate, or

serious, if the Administrator determines

that the area did not attain the standard

by its attainment date, the area must be

reclassified upwards.

However, CAA section 181(a)(5)

provides an exemption from these bump

up requirements. Under this exemption,

EPA may grant up to two one-year

extensions of the attainment date under

specified conditions:

Upon application by any State, the

Administrator may extend for 1 additional

year (hereinafter referred to as the ‘‘Extension

Year’’) the date specified in table 1 of

paragraph (1) of this subsection if—

(A) the State has complied with all

requirements and commitments pertaining to

the area in the applicable implementation

plan, and

(B) no more than 1 exceedance of the

national ambient air quality standard level

for ozone has occurred in the area in the year

preceding the Extension Year.

No more than 2 one-year extensions may

be issued under this paragraph for a single

nonattainment area.

EPA interprets this provision to

authorize the granting of a one-year

extension under the following minimum

conditions: (1) The State requests a oneyear extension, (2) all requirements and

commitments in the EPA-approved SIP

for the area have been complied with,

and (3) the area has no more than one

measured exceedance of the NAAQS

during the year that includes the

attainment date (or the subsequent year,

if a second one-year extension is

requested).

EPA has determined that the

requirements for a one-year extension of

the attainment date have been fulfilled

as follows:

(1) Maine has formally submitted the

attainment date extension request.

(2) Maine is currently implementing the

EPA-approved SIP.

(3) Maine has certified that the area has

monitored no exceedances during 1996.

Therefore, EPA approves Maine’s

attainment date extension request for

the Portland ozone nonattainment area.

As a result, the chart in 40 CFR 81.320

entitled ‘‘Maine—Ozone’’ is being

modified to reflect EPA’s approval of

Maine’s attainment date extension

request for the Portland area. Further

details are available in the Technical

Support Document for this action.

EPA Action

EPA is approving the attainment date

extension for the Portland moderate

ozone nonattainment area from

November 15, 1996 to November 15,

1997 without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Rules and Regulations 18527

publication, EPA is proposing to

approve this part 81 action should

adverse or critical comments be filed.

This action will be effective June 2,

1997 unless, by May 16, 1997, adverse

or critical comments are received.

If EPA receives such comments, this

action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will then be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

If no such comments are received, the

public is advised that this action will be

effective on June 2, 1997.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Administrative Requirements

A. Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation.

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

Extension of an area’s attainment date

under the CAA does not impose any

new requirements on small entities.

Extension of an attainment date is an

action that affects a geographical area

and does not impose any regulatory

requirements on sources. EPA certifies

that the approval of the attainment date

extension will not affect a substantial

number of small entities.

C. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under Section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

imposes no new requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) of the

Regulatory Flexibility Act 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).

E. Petitions for Judicial Review

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

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by June 16, 1997.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action to grant

Maine an extension to attain the ozone

NAAQS in the Portland ozone

nonattainment area as defined in 40

CFR 81.320 may not be challenged later

in proceedings to enforce its

requirements. (See section 307(b)(2).)

EPA encourages interested parties to

comment in response to the proposed

rule rather than petition for judicial

review unless the objection arises after

the comment period allowed for in the

proposal.

List of Subjects in 40 CFR Part 81

Environmental protection, Air

pollution control, National parks,

Wilderness areas.

Dated: April 3, 1997.

John DeVillars,

Regional Administrator, Region I.

Part 81 of chapter I, title 40 of the

Code of Federal Regulations is amended

as follows:

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. In § 81.320 the ozone table is

amended by revising the entry for

Portland area to read as follows:

§ 81.320 Maine.

* * * * *

MAINE—OZONE

Designated area

Designation Classification

Date1 Type Date1 Type

* * * * * * *

Portland Area:

Cumberland County ................................................................................ .................... Nonattainment ............. .................... Moderate.2

Sagadahoc County ................................................................................. .................... Nonattainment ............. .................... Moderate.2
18528 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Rules and Regulations

MAINE—OZONE—Continued

Designated area

Designation Classification

Date1 Type Date1 Type

York County ............................................................................................ .................... Nonattainment ............. .................... Moderate.2

* * * * * * *

1 This date is November 15, 1990, unless otherwise noted. 2 Attainment date extended to November 15, 1997.

* * * * *

[FR Doc. 97–9862 Filed 4–15–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 180, 185, and 186

[OPP–300473; FRL–5600–2]

RIN 2070–AB78

Clopyralid; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes

tolerances for residues of the herbicide

clopyralid (3,6-dichloro-2-pyridinecarboxylic acid) in or on the raw

agricultural commodities corn, field,

fodder; corn, field, forage; corn, field,

grain; and corn, field, milling fractions.

It also removes time-limited tolerances

for residues of clopyralid on the same

commodities that expired on December

31, 1996. DowElanco requested these

tolerances under the Federal Food, Drug

and Cosmetic Act (FFDCA) as amended

by the Food Quality Protection Act of

l996 (Pub. L. 104–170).

DATES: This regulation becomes

effective April 16, 1997. Written

objections must be received on or before

June 16, 1997.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300473;

PP 8F3622, 0H 5597], may be submitted

to: Hearing Clerk (1900), Environmental

Protection Agency, Rm. M3708, 401 M

St., SW., Washington, DC 20460. Fees

accompanying objections and hearing

requests shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251. A copy

of any objections and hearing requests

filed with the Hearing Clerk should be

identified by the docket control number

and submitted to: Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

copy of objections and hearing requests

to: Rm. 1132, CM #2, 1921 Jefferson

Davis Highway, Arlington, VA 22202.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically to

the OPP by sending electronic mail (email) to: opp-docket@epamail.epa.gov.

Copies of objections and hearing

requests must be submitted as an ASCII

file avoiding the use of special

characters and any form of encryption.

Copies of objections and hearing

requests will also be accepted on disks

in WordPerfect in 5.1 file format or

ASCII file format. All copies of

objections and hearing requests in

electronic form must be identified by

the docket number [OPP–300473; PP

8F3622, 0H5597]. No Confidential

Business Information (CBI) should be

submitted through e-mail. Electronic

copies of objections and hearing

requests on this rule may be filed online

at many Federal Depository Libraries.

Additional information on electronic

submissions can be found below in this

document.

FOR FURTHER INFORMATION CONTACT: By

mail: Joanne I. Miller, Product Manager

(PM) 23, Registration Division (7505C),

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm. 237, CM #2, 1921 Jefferson Davis

Hwy., Arlington, VA 22202, (703)–305–

6224; e-mail:

miller.joanne@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: On April

25, l994 EPA established time-limited

tolerances under sections 408 and 409

of the Federal Food Drug, and Cosmetic

Act (FFDCA), 2l U.S.C. 346a(d) and 348,

for residues of clopyralid on corn, field,

fodder; corn, field, forage; corn, field,

grain; and corn, field, milling fractions

(59 FR 19639)(FRL–4775–4). These

tolerances expired on December 31,

l996. DowElanco, on September 27,

l996, requested that the time-limited

tolerances for residues of the herbicide

clopyralid in the field corn commodities

under the regulations mentioned above

be made permanent tolerances based on

residue data that they had submitted as

required to change the tolerances from

time-limited to permanent tolerances.

DowElanco also submitted a summary

of its petition as required under the

Federal Food, Drug and Cosmetic Act

(FFDCA) as amended by the Food

Quality Protection Act of l996 (Pub. L.

104–170).

A notice announcing the filing of

DowElanco’s petition was published in

the Federal Register, (61 FR 65221–

65223, December 11, l996)(FRL–5574–

4). The proposed analytical method for

determining residues is gas

chromatography with electrolytic

conductivity detection. The method for

enforcement is available from the FDA;

it is pending publication in the

Pesticide Analytical Manual II.

The basis for the conditional timelimited tolerances that expired

December 31, l996 was given in the

Federal Register notice of Final Rule (59

FR 19339). The required residue

chemistry data have been received,

reviewed and found adequate by EPA to

support the proposed tolerances. Based

on the review of the residue chemistry

data, EPA finds the tolerances

established by this Final Rule

adequately supported.

There were no comments received in

response to the notices of filing.

The data submitted in the petition

and other relevant material have been

evaluated. The toxicology data listed

below were found acceptable by EPA in

support of these tolerances.

I. Toxicological Profile

1. A rat oral lethal dose (LD50) of

4,300 milligrams/kilogram (mg/kg) of

body weight.

2. A 13–week mouse feeding study

with a no-observed-effect level (NOEL)

of 750 mg/kg/day.

3. Two 180–day dog feeding studies

with NOEL > 50 mg/kg/day.

4. A rabbit teratology study with a

developmental and a maternal NOEL >

250 mg/kg/day, highest dose tested

(HDT).

5. A rat teratology study with a

developmental NOEL of > 250 mg/kg/