38478 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations

movement of vessels to which this

section applies.

(3) Where there is an articulable basis

to believe a vessel to which this section

applies intends to enter Cuban

territorial waters, an official referenced

in paragraph (c)(2) of this section may

require the master, owner, or person in

charge of a vessel within the security

zone, including all auxiliary vessels, to

provide verbal assurance that the vessel

will not enter Cuban territorial waters as

a condition for a vessel to get underway

from a berth, pier, mooring, or

anchorage in the security zone, or

depart from the security zone. In

addition, an official referenced in

paragraph (c)(2) may require the master,

owner, or person in charge of the vessel

to identify all persons on board the

vessel and provide verbal assurances

that all persons on board have received

actual notice of the regulations in this

section.

(4) The owner or person in charge of

the vessel shall maintain the express

written authorization for the vessel on

board the vessel.

(d) Enforcement. (1) Vessels or

persons violating this section may be

subject to:

(i) Seizure and forfeiture of the vessel;

(ii) A monetary penalty of not more

than $10,000; and

(iii) Imprisonment for not more than

10 years.

(2) Violation of 18 U.S.C. 1001 may

result in imprisonment for not more

than five years or a fine, or both.

(e) This section implements

Presidential Proclamation No. 6867.

This section is issued under the

authority delegated in Department of

Transportation Order No. 96–3–7.

Dated: July 14, 1998.

R.C. Olsen, Jr.,

Captain, U.S. Coast Guard, Commander,

Seventh Coast Guard District Acting

[FR Doc. 98–19265 Filed 7–15–98; 3:37 pm]

BILLING CODE 4910–15–M

POSTAL SERVICE

39 CFR Part 20

Stay of Interim Rule for Global

Package Link to Germany and France

AGENCY: Postal Service.

ACTION: Stay of interim rule.

SUMMARY: The Postal Service is staying

its recently published interim rule on

Global Package Link which added a

merchandise return service for

customers utilizing the GPL service to

Germany and France.

DATES: The amendment to the

International Mail Manual published in

the Federal Register on July 10, 1998

(63 FR 37251–37254), is stayed until

further notice as of 12:01 a.m. on July

17, 1998.

ADDRESSES: Any written comments

should be mailed or delivered to the

International Business Unit, U.S. Postal

Service, 475 L’Enfant Plaza SW, room

370–IBU, Washington, DC 20260–6500.

Copies of all written comments will be

available for public inspection and

photocopying between 9 a.m. and 4

p.m., Monday through Friday, at the

above address.

FOR FURTHER INFORMATION CONTACT: Bill

Brandt (202) 314–7165.

SUPPLEMENTARY INFORMATION: Pending

further internal review, the Postal

Service is staying an interim rule in the

Federal Register on July 10, 1998 (63 FR

37251–37254), concerning the

establishment of a GPL return service in

Germany and France. This stay will be

effective immediately, and the

contemplated service will not be

available until the internal review has

been completed and a further notice

published.

List of Subjects in 39 CFR Part 20

International postal service, Foreign

relations.

The Postal Service hereby stays its

amendment of July 10, 1998, to the

International Mail Manual, which is

incorporated by reference in the Code of

Federal Regulations. See 39 CFR 20.1.

PART 20—[AMENDED]

1. The authority citation for 39 CFR

part 20 continues to read as follows:

Authority: 5 U.S.C. 552(a); 39 U.S.C. 401,

404, 407, 408.

I. Subchapter 620 of the International

Mail Manual, Issue 20, sections 626.24

and 626.25, are stayed until further

notice.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 98–19170 Filed 7–15–98; 10:40 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–6123–4]

Delegation of National Emission

Standards for Hazardous Air Pollutants

for Source Categories; State of

Arizona; Arizona Department of

Environmental Quality

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to delegate the authority to

implement and enforce specific national

emission standards for hazardous air

pollutants (NESHAPs) to the Arizona

Department of Environmental Quality

(ADEQ) in Arizona. The preamble

outlines the process that ADEQ will use

to receive delegation of any future

NESHAP, and identifies the NESHAP

categories to be delegated by today’s

action. EPA has reviewed ADEQ’s

request for delegation and has found

that this request satisfies all of the

requirements necessary to qualify for

approval. Thus, EPA is hereby granting

ADEQ the authority to implement and

enforce the unchanged NESHAP

categories listed in this rule.

DATES: This rule is effective on

September 15, 1998, without further

notice, unless EPA receives relevant

adverse comments by August 17, 1998.

If EPA receives such comment, then it

will publish a timely withdrawal in the

Federal Register informing the public

that this rule will not take effect.

ADDRESSES: Comments must be

submitted to Andrew Steckel at the

Region IX office listed below. Copies of

the request for delegation and other

supporting documentation are available

for public inspection (docket number

A–96–25) at the following location: U.S.

Environmental Protection Agency,

Region IX, Rulemaking Office (AIR–4),

Air Division, 75 Hawthorne Street, San

Francisco, California 94105–3901.

FOR FURTHER INFORMATION CONTACT: Mae

Wang, Rulemaking Office (AIR–4), Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, California 94105–

3901, (415) 744–1200.

SUPPLEMENTARY INFORMATION:

I. Background

Section 112(l) of the Clean Air Act, as

amended in 1990 (CAA), authorizes

EPA to delegate to state or local air

pollution control agencies the authority

to implement and enforce the standards
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations 38479

set out in 40 CFR Part 63, National

Emission Standards for Hazardous Air

Pollutants for Source Categories. On

November 26, 1993, EPA promulgated

regulations, codified at 40 CFR Part 63,

Subpart E (hereinafter referred to as

‘‘Subpart E’’), establishing procedures

for EPA’s approval of state rules or

programs under section 112(l) (see 58

FR 62262).

Any request for approval under CAA

section 112(l) must meet the approval

criteria in 112(l)(5) and 40 CFR Part 63,

Subpart E. To streamline the approval

process for future applications, a state or

local agency may submit a one-time

demonstration that it has adequate

authorities and resources to implement

and enforce any CAA section 112

standards. If such demonstration is

approved, then the state or local agency

would no longer need to resubmit a

demonstration of these same authorities

and resources for every subsequent

request for delegation of CAA section

112 standards. However, EPA maintains

the authority to withdraw its approval if

the State does not adequately

implement or enforce an approved rule

or program.

On October 30, 1996, EPA approved

the Arizona Department of

Environmental Quality’s (ADEQ’s)

program for accepting delegation of

section 112 standards that are

unchanged from Federal standards as

promulgated (see 61 FR 55910). The

approved program reflects an adequate

demonstration by ADEQ of general

resources and authorities to implement

and enforce section 112 standards.

However, formal delegation for an

individual standard does not occur until

ADEQ obtains the necessary regulatory

authority to implement and enforce that

particular standard, and EPA approves

ADEQ’s formal delegation request for

that standard.

ADEQ informed EPA that it intends to

obtain the regulatory authority

necessary to accept delegation of section

112 standards by incorporating section

112 standards into the Arizona

Administrative Code. The details of this

delegation mechanism are set forth in a

Memorandum of Agreement (MOA)

between ADEQ and EPA, and are

available for public inspection at the

U.S. EPA Region IX office (docket No.

A–96–25).

On May 29, 1998, ADEQ requested

delegation for several individual section

112 standards that have been

incorporated by reference into the

Arizona Administrative Code. The

standards that are being delegated by

today’s action are listed in a table at the

end of this rule.

II. EPA Action

A. Delegation for Specific Standards

After reviewing ADEQ’s request for

delegation of various national emissions

standards for hazardous air pollutants

(NESHAPs), EPA has determined that

this request meets all the requirements

necessary to qualify for approval under

CAA section 112(l) and 40 CFR 63.91.

Accordingly, ADEQ is granted the

authority to implement and enforce the

requested NESHAPs. These delegations

will be effective on September 15, 1998.

A table of the NESHAP categories that

will be delegated to ADEQ is shown at

the end of this rule. Although ADEQ

will have primary implementation and

enforcement responsibility, EPA retains

the right, pursuant to CAA section

112(l)(7), to enforce any applicable

emission standard or requirement under

CAA section 112. In addition, EPA does

not delegate any authorities that require

implementation through rulemaking in

the Federal Register, or where Federal

overview is the only way to ensure

national consistency in the application

of the standards or requirements of CAA

section 112.

After a state or local agency has been

delegated the authority to implement

and enforce a NESHAP, the delegated

agency becomes the primary point of

contact with respect to that NESHAP.

Pursuant to 40 CFR 63.9(a)(4)(ii) and

63.10(a)(4)(ii), EPA Region IX waives

the requirement that notifications and

reports for delegated standards be

submitted to EPA as well as to ADEQ.

In its May 29, 1998 request, ADEQ

included a request for delegation of the

regulations implementing CAA section

112(i)(5), codified at 40 CFR Part 63,

Subpart D. These requirements apply to

state or local agencies that have a permit

program approved under title V of the

Act (see 40 CFR 63.70). ADEQ received

final interim approval of its title V

operating permits program on October

30, 1996 (see 61 FR 55910). State or

local agencies implementing the

requirements under Subpart D do not

need approval under section 112(l).

Therefore, EPA is not taking action to

delegate 40 CFR Part 63, Subpart D to

ADEQ.

ADEQ also included a request for

delegation of the regulations

implementing CAA sections 112(g) and

112(j), codified at 40 CFR Part 63,

Subpart B. These requirements apply to

major sources only, and need not be

delegated under the section 112(l)

approval process. When promulgating

the regulations implementing section

112(g), EPA stated its view that ‘‘the Act

directly confers on the permitting

authority the obligation to implement

section 112(g) and to adopt a program

which conforms to the requirements of

this rule. Therefore, the permitting

authority need not apply for approval

under section 112(l) in order to use its

own program to implement section

112(g)’’ (see 61 FR 68397). Similarly,

when promulgating the regulations

implementing section 112(j), EPA stated

its belief that ‘‘section 112(l) approvals

do not have a great deal of overlap with

the section 112(j) provision, because

section 112(j) is designed to use the title

V permit process as the primary vehicle

for establishing requirements’’ (see 59

FR 26447). Therefore, state or local

agencies implementing the requirements

under sections 112(g) and 112(j) do not

need approval under section 112(l). As

a result, EPA is not taking action to

delegate 40 CFR Part 63, Subpart B to

ADEQ.

B. Delegation Mechanism for Future

Standards

Today’s document serves to notify the

public of the details of ADEQ’s

procedure for receiving delegation of

future NESHAPs. As set forth in the

MOA, ADEQ intends to incorporate by

reference, into the Arizona

Administrative Code, each newly

promulgated NESHAP for which it

intends to seek delegation. ADEQ will

then submit a letter to EPA Region IX,

along with proof of regulatory authority,

requesting delegation for each

individual NESHAP. Region IX will

respond in writing that delegation is

either granted or denied. If a request is

approved, the delegation of authorities

will be considered effective upon the

date of the response letter from Region

IX. Periodically, EPA will publish in the

Federal Register a listing of the

standards that have been delegated.

Although EPA reserves its right,

pursuant to 40 CFR 63.96, to review the

appropriateness of any future delegation

request, EPA will not institute any

additional comment periods on these

future delegation actions. Any parties

interested in commenting on this

procedure for delegating future

unchanged NESHAPs should do so at

this time.

C. Opportunity for Public Comment

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial action

and anticipates no adverse comments.

However, in the Proposed Rules section

of this Federal Register publication,

EPA is publishing a separate document

that will serve as the proposal for this

action should relevant adverse

comments be filed. This action will be

effective September 15, 1998, without
38480 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations

further notice unless the Agency

receives relevant adverse comments by

August 17, 1998.

If EPA receives such comments, then

EPA will publish a document

withdrawing this final rule and

informing the public that the rule will

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

on this action is advised that this rule

will be effective on September 15, 1998,

and no further action will be taken on

the proposed rule.

III. Administrative Requirements

A. Executive Orders 12866 and 13045

The Office of Management and Budget

has exempted this regulatory action

from review under Executive Order

(E.O.) 12866.

This final rule is not subject to E.O.

13045, entitled ‘‘Protection of Children

from Environmental Health Risks and

Safety Risks,’’ because it is not an

‘‘economically significant’’ action under

E.O. 12866.

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

economic impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

Delegations of authority to implement

and enforce unchanged Federal

standards under section 112(l) of the

Clean Air Act do not create any new

requirements but simply transfer

primary implementation authorities to

the State. Therefore, because this action

does not impose any new requirements,

the Administrator certifies that it does

not have a significant impact on any

small entities affected.

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

delegation 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 Federal 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

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 September 15,

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 63

Environmental protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Authority: This action is issued under the

authority of Section 112 of the Clean Air Act,

as amended, 42 U.S.C. 7412.

Dated: June 26, 1998.

David P. Howekamp,

Director, Air Division, Region IX.

Title 40, chapter I, part 63 of the Code

of Federal Regulations is amended as

follows:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

Subpart E—Approval of State

Programs and Delegation of Federal

Authorities

2. Section 63.99 is amended by

adding paragraph (a)(3) to read as

follows:

§ 63.99 Delegated federal authorities.

(a) * * *

(3) Arizona. The following table lists

the specific Part 63 standards that have

been delegated unchanged to the air

pollution control agencies in the State of

Arizona. The (X) symbol is used to

indicate each category that has been

delegated.

DELEGATION STATUS FOR PART 63 STANDARDS—ARIZONA

Subpart Description ADEQ 1 MCESD 2 PDEQ 3 PCAQCD 4

A .................. General Provisions ................................................................................. X

F .................. Synthetic Organic Chemical Manufacturing Industry ............................. X

G .................. Synthetic Organic Chemical Manufacturing Industry: Process Vents,

Storage Vessels, Transfer Operations, and Wastewater.

X

H .................. Organic Hazardous Air Pollutants: Equipment Leaks ............................ X
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations 38481

DELEGATION STATUS FOR PART 63 STANDARDS—ARIZONA—Continued

Subpart Description ADEQ 1 MCESD 2 PDEQ 3 PCAQCD 4

I .................... Organic Hazardous Air Pollutants: Certain Processes Subject to the

Negotiated Regulation for Equipment Leaks.

X

L ................... Coke Oven Batteries .............................................................................. X

M .................. Perchloroethylene Dry Cleaning ............................................................ X

N .................. Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks.X

O .................. Ethylene Oxide Sterilization Facilities .................................................... X

Q .................. Industrial Process Cooling Towers ........................................................ X

R .................. Gasoline Distribution Facilities ............................................................... X

T .................. Halogenated Solvent Cleaning ............................................................... X

U .................. Group I Polymers and Resins ................................................................ X

W ................. Epoxy Resins Production and Non-Nylon Polyamides Production ....... X

X .................. Secondary Lead Smelting ...................................................................... X

CC ............... Petroleum Refineries .............................................................................. X

DD ............... Off-Site Waste and Recovery Operations .............................................. X

EE ................ Magnetic Tape Manufacturing Operations ............................................. X

GG ............... Aerospace Manufacturing and Rework Facilities ................................... X

JJ ................. Wood Furniture Manufacturing Operations ............................................ X

KK ................ Printing and Publishing Industry ............................................................ X

OO ............... Tanks—Level 1 ...................................................................................... X

PP ................ Containers .............................................................................................. X

QQ ............... Surface Impoundments .......................................................................... X

RR ............... Individual Drain Systems ........................................................................ X

VV ................ Oil-Water Separators and Organic-Water Separators ........................... X

JJJ ............... Group IV Polymers and Resins ............................................................. X

1Arizona Department of Environmental Quality.

2 Maricopa County Environmental Services Department.

3Pima County Department of Environmental Quality.

4Pinal County Air Quality Control District.

* * * * *

[FR Doc. 98–19136 Filed 7–16–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300682; FRL–6016–8]

RIN 2070–AB78

Myclobutanil; Extension of Tolerance

for Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule extends a timelimited tolerance for residues of the

fungicide myclobutanil and its

metabolites in or on mint (peppermint

and spearmint) at 2.5 part per million

(ppm) for an additional eighteen

months, to January 31, 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 (FIFRA)

authorizing use of the pesticide on mint

(peppermint and spearmint). 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 July 17, 1998. Objections and

requests for hearings must be received

by EPA, on or before September 15,

1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300682],

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–

300682], 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, Crystal Mall #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:

OPP–docket@epamail.epa.gov. Follow

the instructions in Unit II. of this

preamble. No Confidential Business

Information (CBI) should be submitted

through e-mail.

FOR FURTHER INFORMATION CONTACT: By

mail: David Deegan, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

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

DC 20460. Office location , telephone

number, and e-mail address: Rm. 280,

CM #2, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202, (703)-308-9358; email: deegan.dave@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a final rule, published in the

Federal Register of July 9, 1997 (62 FR

36671) (FRL–5729–3), which announced

that on its own initiative and under

section 408(e) of the FFDCA, 21 U.S.C.

346a(e) and (l)(6), it established a timelimited tolerance for the residues of

myclobutanil and its metabolites in or

on mint (peppermint and spearmint) at

2.5 ppm, with an expiration date of July

1, 1998. 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