24936 Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations

EPA has determined that each of these

SIP revisions complies with all

applicable requirements of the Act and

EPA policy and regulations concerning

such revisions. Due to the minor nature

of these revisions, EPA concluded that

conducting notice-and-comment

rulemaking prior to approving the

revisions would have been

‘‘unnecessary and contrary to the public

interest’’ and hence not required by the

Administrative Procedure Act, 5 U.S.C.

553(b). Each of these SIP approvals

became final and effective on the date

of EPA approval as listed in the chart

above.

I. Administrative Requirements

A. Executive Order 12866

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.

SIP approvals under section 110 and

subchapter I, part D, of the Clean Air

Act do not create any new requirements

but simply approve requirements that

the State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

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 the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective 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

approves pre-existing requirements

under State or local law, and 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

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 the rule in

the 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 July 6, 1998.

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 may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

Implementation Plan for the State of Oregon

was approved by the Director of the Office of

Federal Register on July 1, 1982.

Dated: February 20, 1998.

Chuck Findley,

Acting Regional Administrator, Region X.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: U.S.C. 7401 et seq.

Subpart MM—Oregon

2. Section 52.1970 is amended by

adding paragraph (c)(123) to read as

follows:

§ 52.1970 Identification of plan.

* * * * *

(c) * * *

(123) On May 22, 1997, ODEQ

submitted changes to the definition of

Volatile Organic Compounds (VOC) in

the Oregon Administrative Rules (OAR)

consistent with changes made in the

federal definition and delisted certain

compounds no longer considered VOCs

under the new definition. On November

13, 1997, ODEQ submitted changes in

the OAR that increased Air Contaminant

Discharge Permit Fees for stationary

sources to recover costs of operating the

state permit program.

(i) Incorporation by reference.

(A) Oregon Administrative Rules 340–

022–0102(73) and 340–028–0110(129),

effective May 9, 1997; Oregon

Administrative Rule 340–028–1750,

effective August 27, 1997.

[FR Doc. 98–11882 Filed 5–5–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300649; FRL–5787–9]

RIN 2070–AB78

Various Inert Ingredients; Tolerance

Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes

exemptions from the requirement of a

tolerance exemptions for residues of 2-
Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations 24937

propene-1-sulfonic acid, sodium salt,

polymer with ethenol and ethenyl

acetate; polyvinyl pyrrolidone butylated

polymer; vinyl pyrrolidone-acrylic acid

copolymer; maleic anhydridediisobutylene copolymer, sodium salt;

vinyl alcohol-vinyl acetate copolymer,

benzaldehyde-o-sodium sulfonate

condensate when used as inert

ingredients in pesticide formulations

applied to growing crops, crops after

harvest, and/or animals. EPA is

establishing this regulation on its own

initiative.

DATES: This regulation is effective May

6, 1998. Objections and requests for

hearings must be received by EPA on or

before July 6, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300649],

must 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 identified

by the docket control number, [OPP–

300649], must also be submitted to:

Public Information and Records

Integrity Branch, Information Resources

and Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

a copy of objections and hearing

requests to Rm. 119, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@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 5.1/6.1 file

format or ASCII file format. All copies

of objections and hearing requests in

electronic form must be identified by

the docket control number [OPP–

300649]. 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.

FOR FURTHER INFORMATION CONTACT: By

mail: Bipin Gandhi, Registration

Division 7505W, Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location, telephone

number, and e-mail address: Crystal

Mall #2, 1921 Jefferson Davis Hwy.,

Arlington, VA, (703) 308-8380, e-mail:

gandhi.bipin@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of October 1, 1997 (62

FR 51397) (FRL–5746–3), EPA proposed

the establishment of an exemption from

the requirement of a tolerance for

residues of 2-propene-1-sulfonic acid,

sodium salt, polymer with ethenol and

ethenyl acetate; polyvinyl pyrrolidone

butylated polymer; vinyl pyrrolidoneacrylic acid copolymer; maleic

anhydride-diisobutylene copolymer,

sodium salt; vinyl alcohol-vinyl acetate

copolymer, benzaldehyde-o-sodium

sulfonate condensate when used as inert

ingredients in pesticide formulations

applied to growing crops, raw

agricultural commodities after harvest

and/or animals on its own initiative

pursuant to section 408(e)(1)(B) of the

Federal Food, Drug, and Cosmetic Act

(FFDCA), 21 U.S.C. 346a(e). This

proposal noted that these chemicals

were the subject of proposed rules

published prior to the enactment of the

Food Quality Protection Act of 1996.

Summaries of each of those initial

proposed rules were also included.

There were no comments received in

response to the proposed rule.

Based on the information and data

considered and the findings set forth in

the preamble to the proposed rule, EPA

is establishing exemptions from the

requirement of a tolerance as set forth in

this document.

I. Objections and Hearing Requests

The new FFDCA section 408(g)

provides essentially the same process

for persons to ‘‘object’’ to a tolerance

regulation issued by EPA under new

section 408(e) and (l)(6) as was provided

in the old section 408 and in section

409. However, the period for filing

objections is 60 days, rather than 30

days. EPA currently has procedural

regulations which govern the

submission of objections and hearing

requests. These regulations will require

some modification to reflect the new

law. However, until those modifications

can be made, EPA will continue to use

those procedural regulations with

appropriate adjustments to reflect the

new law.

Any person may, by July 6, 1998, file

written objections to any aspect of this

regulation and may also request a

hearing on those objections. Objections

and hearing requests must be filed with

the Hearing Clerk, at the address given

above (40 CFR 178.20). A copy of the

objections and/or hearing requests filed

with the Hearing Clerk should be

submitted to the OPP docket for this

rulemaking. The objections submitted

must specify the provisions of the

regulation deemed objectionable and the

grounds for the objections (40 CFR

178.25). Each objection must be

accompanied by the fee prescribed by

40 CFR 180.33(i). If a hearing is

requested, the objections must include a

statement of the factual issues on which

a hearing is requested, the requestor’s

contentions on such issues, and a

summary of any evidence relied upon

by the requestor (40 CFR 178.27). A

request for a hearing will be granted if

the Administrator determines that the

material submitted shows the following:

There is 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 in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

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.

II. Public Docket

EPA has established a record for this

rulemaking under docket control

number [OPP–300649] (including any

comments and data submitted

electronically). A public version of this

record, including printed, paper

versions of electronic comments, which

does not include any information

claimed as CBI, is available for

inspection from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. The public record is located in

Room 119 of the Public Information and

Records Integrity Branch, Information

Resources and Services Division

(7502C), Office of Pesticide Programs,

Environmental Protection Agency,

Crystal Mall #2, 1921 Jefferson Davis

Hwy., Arlington, VA.

Electronic comments may be sent

directly to EPA at:

opp-docket@epamail.epa.gov.
24938 Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for this

rulemaking, as well as the public

version, as described above will be kept

in paper form. Accordingly, EPA will

transfer any copies of objections and

hearing requests received electronically

into printed, paper form as they are

received and will place the paper copies

in the official rulemaking record which

will also include all comments

submitted directly in writing. The

official rulemaking record is the paper

record maintained at the Virginia

address in ‘‘ADDRESSES’’ at the

beginning of this document.

III. Regulatory Assessment

Requirements

This final rule establishes an

exemption from the requirement of a

tolerance under section 408(d) of the

FFDCA in response to a petition

submitted to the Agency. 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)

(Pub. L. 104-4). Nor does it require any

prior consultation as specified by

Executive Order 12875, entitled

Enhancing the Intergovernmental

Partnership (58 FR 58093, October 28,

1993), or 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 in

accordance with Executive Order 13045,

entitled Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997).

The Regulatory Flexibility Act (RFA)

5 U.S.C. 605(b), as amended, Pub. L.

104-121, 110 Stat. 847, generally

requires an agency to prepare a

regulatory flexibility analysis of the

impact of any notice and comment

rulemaking on small entities unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions. The

Agency has previously assessed whether

establishing tolerances, exemptions

from tolerances, raising tolerance levels

or expanding exemptions might

adversely impact small entities and

concluded, as a generic matter, that

there is no adverse economic impact.

The factual basis for the Agency’s

generic certification for tolerance

actions published on May 4, 1981 (46

FR 24950) and was provided to the

Chief Counsel for Advocacy of the Small

Business Administration. Therefore,

pursuant to section 605(b) of the RFA,

EPA certifies that this rule will not have

a significant economic impact on a

substantial number of small entities.

Accordingly, no final regulatory

flexibility analysis under section 604(a)

of the Act is required.

IV. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

Agency has 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 this rule in today’s Federal Register.

This 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: April 22, 1998.

Peter Caulkins,

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. 346a and 371.

2. In § 180.1001 the tables in

paragraphs (c) and (e) are amended by

adding alphabetically the following

inert ingredients, and the table in

paragraph (d) is amended by removing

the entry for ‘‘Maleic anhydride

diisobutylene copolymer, sodium salt’’

to read as follows:

§ 180.1001 Exemptions from the

requirements of a tolerance.

* * * *

*

(c) * * *

Inert ingredients Limits Uses

* * * * * * *

Maleic anhydride- diisobutylene copolymer, sodium salt

(CAS Reg. No. 37199-81-8), minimum number average

molecular weight (in amu) 5,000-18,000.

................................ Suspending agent and dispersing agent.

* * * * * * *

Polyvinylpyrrolidone butylated polymer (CAS Reg. No.

26160-96-3), minimum number average molecular weight

(in amu) 9,500.

................................ Surfactants, related adjuvant of surfactants and binder.

* * * * * * *

2-Propene-1-sulfonic acid sodium salt, polymer with ethenol

and ethenyl acetate, number average molecular weight (in

amu) 6,000 - 12,000.

................................ Binding agent.

* * * * * * *

Vinyl alcohol-vinyl acetate copolymer, benzaldehyde-o-sodium sulfonate condensate, minimum number average

molecular weight (in amu) 20,000.

................................ Water soluble resin.
Federal Register / Vol. 63, No. 87 /Wednesday, May 6, 1998 /Rules and Regulations 24939

Inert ingredients Limits Uses

* * * * * * *

Vinyl pyrrolidone-acrylic acid copolymer (CAS Reg. No.

28062-44-4), minimum number average molecular weight

(in amu) 6,000.

................................ Adhesive, dispersion stabilizer and coating for sustained release granules.

* * * * * * *

* * * * * * *

(e) * * *

Inert ingredients Limits Uses

* * * * * * *

Maleic anhydride-diisobutylene copolymer, sodium salt

(CAS Reg. No. 37199-81-8), minimum number average molecular weight (in amu) 5,000-18,000.

................................................... Suspending agent and dispersing agent.

* * * * * * *

Polyvinylpyrrolidone butylated polymer (CAS Reg. No.

26160-96-3), minimum number-average molecular

weight (in amu) 9,500.

................................................... Surfactants, related adjuvant of surfactants and binder.

* * * * * * *

2-Propene-1-sulfonic acid sodium salt, polymer with

ethenol and ethenyl acetate, number average molecular weight (in amu) 6,000 - 12,000.

................................................... Binding agent.

* * * * * * *

Vinyl alcohol-vinyl acetate copolymer, benzaldehyde-osodium sulfonate condensate, minimum number average molecular weight (in amu) 20,000.................................................... Water soluble resin.

* * * * * * *

Vinyl pyrrolidone-acrylic, acid copolymer (CAS Reg.

No. 28062-44-4), minimum number average molecular weight (in amu) 6,000.

................................................... Adhesive, dispersion stabilizer and coating for sustained release granules.

* * * * * * *

[FR Doc. 98–11765 Filed 5–5–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300650; FRL–5788–1]

RIN 2070–AB78

Safener HOE–107892; Extension of

Tolerances for Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule extends timelimited tolerances for residues of the

herbicide safener HOE-107892 and its

metabolites in or on wheat grain at 0.01

part per million (ppm) and wheat straw

at 0.05 ppm for an additional 18–month

period, to February 1, 2000. 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 fenoxaprop with the

safener HOE–107892 (trade name

Puma) on durham wheat. Section

408(l)(6) of the Federal Food, Drug, and

Cosmetic Act (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 FIFRA.

DATES: This regulation becomes

effective May 6, 1998. Objections and

requests for hearings must be received

by EPA, on or before July 6, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number [OPP–300650],

must 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 identified

by the docket control number, [OPP–

300650], must also be submitted to:

Public Information and Records

Integrity Branch, Information Resources

and Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

a copy of objections and hearing

requests to Rm. 119, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA.

A copy of objections and hearing

requests filed with the Hearing Clerk

may be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

electronic objections and hearing

requests must be submitted as an ASCII