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
38482 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations

result from the use of a pesticide under

an emergency exemption granted by

EPA under section 18 of FIFRA. Such

tolerances can be established without

providing notice or period for public

comment.

EPA received a request to extend the

use of myclobutanil on mint for this

year’s growing season due to the

recurrence of emergency levels of

powdery mildew on mint grown in the

states of Idaho and Washington. After

having reviewed the submission, EPA

concurs that emergency conditions exist

for these states. EPA has authorized

under FIFRA section 18 the use of

myclobutanil on mint for control of

powdery mildew in Idaho and

Washington.

EPA assessed the potential risks

presented by residues of myclobutanil

in or on mint (peppermint and

spearmint). In doing so, EPA considered

the new 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 new safety standard and with

FIFRA section 18. The data and other

relevant material have been evaluated

and discussed in the final rule of July

9, 1997 (62 FR 36671). Based on that

data and information considered, the

Agency reaffirms that extension of the

time-limited tolerance will continue to

meet the requirements of section

408(l)(6). Therefore, the time-limited

tolerance is extended for an additional

eighteen month period. Although this

tolerance will expire and is revoked on

January 31, 2000, under FFDCA section

408(l)(5), residues of the pesticide not in

excess of the amounts specified in the

tolerance remaining in or on mint

(peppermint and spearmint) 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.

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 September 15,

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 Record and Electronic

Submissions

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

Electronic comments may be sent

directly to EPA at:

OPP–docket@epamail.epa.gov.

Electronic objections and hearing

requests must be submitted as an ASCII

file avoiding the use of special

characters and any form of encryption.

Objections and hearing requests will

also be accepted on disks in

WordPerfect 51/6.1 or ASCII file format.

All copies of objections and hearing

requests in electronic form must be

identified by the docket control number

[OPP–300682]. No 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.

III. Regulatory Assessment

Requirements

This final rule extends a time-limited

tolerancethat was previously extended

by EPA under FFDCA section 408(d) 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). In addition, 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).

Since this extension of an existing

time-limited tolerance does 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. Nevertheless, the

Agency has previously assessed whether

establishing tolerances, exemptions

from tolerances, raising tolerance levels
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations 38483

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.

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, 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 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: June 30, 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.

§ 180.443 [Amended]

2. In § 180.443, by amending

paragraph (b) in the table, for the

commodities ‘‘Peppermint’’ and

‘‘Spearmint’’ by changing the date ‘‘July

1, 1998’’ to read ‘‘1/31/00’’.

[FR Doc. 98–18988 Filed 7–16–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300612; FRL–5768–3]

RIN 2070–AB78

Fipronil; Pesticide Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes

new tolerances for combined residues of

fipronil, its metabolites MB46136 and

MB45950, and its photodegradate

MB46513, in or on rice grain and rice

straw. In pesticide petition (PP) 7F4832,

Rhone Poulenc AG, Inc. requested these

tolerances under the Federal Food, Drug

and Cosmetic Act (FFDCA), as amended

by the Food Quality Protection Act of

1966 (FQPA).

DATES: This regulation is 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–300612,

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–

300612, 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: oppdocket@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–300612.

No Confidential Business Information

(CBI) should be submitted through email. 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: Ann Sibold, 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: Crystal Mall #2, 1921

Jefferson Davis Hwy., Arlington, VA,

(703) 305–6788, e-mail:

sibold.ann@epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of June 20, 1997 (62 FR

33641) (FRL–5723–7), EPA issued a

notice pursuant to section 408 of the

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

the filing of a pesticide petition for a

tolerance (PP 7F4832) by Rhone Poulenc

AG, Inc., P.O. Box 12014, 2 T.W.

Alexander Drive, Research Triangle

Park, NC 27709. This notice included a

summary of the petition prepared by

Rhone Poulenc AG, Inc., the registrant.

There were 11 comments received in

response to the notice of filing and all

supported establishing the tolerance.

The petition proposed to use a 56%

flowable solid (FS) formulation (Product

name: ICON 6.2 FS Insecticide) to treat

rice seed to control the pests rice water

weevil and chinch bugs.

The petition further requested that 40

CFR 180.517 be amended by

establishing new tolerances for

combined residues of the insecticide

fipronil, its metabolites MB46136 and

MB45950, and its photodegradate

MB46513 in or on rice grain at 0.04

parts per million (ppm) and rice straw

at 0.10 ppm. Tolerances for residues of

fipronil (expressed as fipronil and its

metabolites MB45950 and MB46136) in

or on animal commodities have recently

been established (40 CFR 180.517(a)).

Fipronil is registered in the United

States for use on field corn, on golf

course and commercial turf, on pets,

and in roach and ant bait stations.

I. Risk Assessment and Statutory

Findings

New section 408(b)(2)(A)(i) of the

FFDCA allows EPA to establish a

tolerance (the legal limit for a pesticide

chemical residue in or on a food) only

if EPA determines that the tolerance is

‘‘safe.’’ Section 408(b)(2)(A)(ii) of the

FFDCA defines ‘‘safe’’ to mean that

‘‘there is a reasonable certainty that no

harm will result from aggregate

exposure to the pesticide chemical

residue, including all anticipated

dietary exposures and all other

exposures for which there is reliable

information.’’ This includes exposure

through drinking water and in

residential settings, but does not include

occupational exposure. Section

408(b)(2)(C) requires EPA to give special

consideration to exposure of infants and

children to the pesticide chemical

residue in establishing a tolerance and

to ‘‘ensure that there is a reasonable

certainty that no harm will result to

infants and children from aggregate