18406 Federal Register / Vol. 63, No. 72 /Wednesday, April 15, 1998 / Notices

8 58 FR 4166 (January 13, 1993).

9 59 FR 48625 (September 22, 1994).

10 37 FR 14831 (July 25, 1972); 44 FR 61096

(October 23, 1979); 51 FR 12391 (March 26, 1986);

51 FR 15961 (April 22, 1986).

11 Id.

Federal preemption for its LEV

standards, the warranty regulations

which were the subject of CARB’s

request for a within-the-scope

determination would continue to be

within the scope of existing waivers

beyond the 1993 model year so long as

they (1) do not undermine California’s

determination that its standards, in the

aggregate, are as protective of public

health and welfare as comparable

Federal standards (2) do not affect the

consistency of California’s requirements

with section 202(a) of the Act, and (3)

raise no new issues affecting EPA’s

previous waiver determinations.

On January 7, 1993, EPA granted a

waiver of Federal preemption for the

low-emission LDV component of

California’s LEV program.8 EPA also has

waived Federal preemption for

California’s standards applicable to

1995 and later model year MDVs.9 In

today’s decision, EPA waives

preemption for California’s MDV

standards for 1998 and later model year

vehicle and engines which are part of

the LEV Program. EPA has previously

determined that California’s earlier

emission warranty regulations were

within the scope of previous waivers.10

Consistent with these previous

determinations, EPA now has

determined that emission warranty

regulations, which are the subject of

CARB’s February 4, 1991 letter, as

applied through the 1994 model year

and beyond to passenger cars, light-duty

trucks and medium-duty vehicles and

engines, are within the scope of earlier

waivers granted for standards.

With regard to the 1994 and later

model years, these amendments do not

undermine California’s determination

that its standards, in the aggregate are as

protective of public health and welfare

as comparable Federal standards, are

not inconsistent with section 202(a) of

the Act, and raise no new issues

affecting the EPA’s previous waiver

determination. Thus these amendments

are within the scope of previous waivers

determinations.11 A full explanation of

EPA’s decision is contained in a

determination document which may be

obtained from EPA as noted above.

My decision will affect not only

persons in California but also the

manufacturers outside the State who

must comply with California’s

requirements in order to produce motor

vehicles for sale in California. For this

reason, I hereby determine and find that

this is a final action of national

applicability.

As with past waiver decisions, this

action is not a rule as defined by

Executive Order 12866. Therefore, it is

exempt from review by the Office of

Management and Budget as required for

rules and regulations by Executive

Order 12866.

In addition, this action is not a rule

as defined in the Regulatory Flexibility

Act, 5 U.S.C. sec. 601(2). Therefore, EPA

has not prepared a supporting

regulatory flexibility analysis addressing

the impact of this action on small

business entities.

Finally, the Administrator has

delegated the authority to make

determinations regarding waivers of

Federal preemption under section

209(b) of the Act to the Assistant

Administrator for Air and Radiation.

Dated: April 6, 1998.

Richard D. Wilson,

Acting Assistant Administrator for Air and

Radiation.

[FR Doc. 98–10010 Filed 4–14–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5996–3]

Notice of Proposed Assessment of

Clean Water Act Class I Administrative

Penalty to Campbell Soup Company

and opportunity to comment

AGENCY: Environmental Protection

Agency.

ACTION: Notice of proposed

administrative penalty assessment and

opportunity to comment.

SUMMARY: EPA is providing notice of

proposed administrative penalty

assessment for alleged violations of the

Clean Water Act. EPA is also providing

notice of opportunity to comment on the

proposed assessment.

Under 33 U.S.C. 1319(g), EPA is

authorized to issue orders assessing

civil penalties for various violations of

the Act. EPA may issue these orders

after the commencement of either a

Class I or Class II penalty proceeding.

EPA provides public notice of the

proposed assessments pursuant to 33

U.S.C. 1319(g)(4)(a).

Class I proceedings are conducted

under EPA’s proposed Consolidated

Rules of Practice Governing the

Administrative Assessment of Civil

Penalties and the Revocation and

Suspension of Permits, 40 CFR Part 22.

The procedures through which the

public may submit written comment on

a proposed Class I order or participate

in a Class I proceeding, and the

Procedures by which a Respondent may

request a hearing, are set forth in the

Consolidated Rules. The deadline for

submitting public comment on a

proposed Class I order is thirty days

after publication of this notice.

On the date identified below, EPA

commenced the following Class I

proceeding for the assessment of

penalties:

In the Matter of Campbell Soup Company,

located at 6200 Franklin Boulevard,

Sacramento, California 95824; EPA Docket

No. CWA–IX–FY98–01; filed on April 2,

1998, with Ms. Danielle Carr, Regional

Hearing Clerk, U.S. EPA, Region 9, 75

Hawthorne Street, San Francisco, California

94105, (415) 744–1391; proposed penalty of

$10,445 for failure to submit self-monitoring

reports with toxic organics results in 1995,

1996 and part of 1997.

FOR FURTHER INFORMATION: Persons

wishing to receive a copy of EPA’s

Consolidated Rules, review of the

complaint or other documents filed in

this proceeding, comment upon a

proposed assessment, or otherwise

participate in the proceeding should

contact the Regional Hearing Clerk

identified above. The administrative

record for this proceeding is located in

the EPA Regional Office identified

above, and the file will be open for

public inspection during normal

business hours. All information

submitted by the respondent is available

as part of the administrative record,

subject to provisions of law restricting

public disclosure of confidential

information. In order to provide

opportunity for public comment, EPA

will issue no final order assessing a

penalty in these proceedings prior to

thirty (30) days after the date of

publication of this notice.

Dated: August 6, 1998.

Alexis Strauss,

Acting Director, Water Division, Region IX.

[FR Doc. 98–10004 Filed 4–14–98; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5997–3]

Underground Injection Control

Program; Hazardous Waste Land

Disposal Restrictions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of approval of

application for a case-by-case extension