Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations 38495

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).

In addition, since these tolerances and

exemptions that are established on the

basis of a petition under FFDCA section

408(d), such as the tolerances in this

final rule, do 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 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.

VIII. 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).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: July 2, 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 § 180.517 by revising the

introductory text of paragraph (a) and

adding the following entries to the table

in paragraph (a) to read as follows:

§ 180.517 Fipronil; tolerances for residues.

(a) General. Therefore, tolerances are

established for combined residues of the

insecticide fipronil (5-amino-1-[2,6-

dichloro-4-(trifluoromethyl)phenyl]-4-

[(1R,S)-(trifluoromethyl)sulfinyl]-1Hpyrazole-3-carbonitrile) and its

metabolites 5-amino-1-[2,6-dichloro-4-

(trifluoromethyl)phenyl]-4-

[(trifluoromethyl) sulfonyl]-1Hpyrazole-3-carbonitrile and 5-amino-1-

[2,6-dichloro-4-(trifluoromethyl)

phenyl]-4-[(trifluoromethyl)thio]-1Hpyrazole-3-carbonitrile and its

photodegradate 5-amino-1-(2,6-dichloro4-(trifluoromethyl)phenyl]-4-[(1R,S)-

(trifluoromethyl)]-1H-pyrazole-3-

carbonitrile in or on the following items

at the levels specified:

Commodity Parts per million (ppm)

* * * *

*

Rice grain ............................. 0.04

Rice straw ............................ 0.10

* * * * *

[FR Doc. 98–18987 Filed 7–16–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300681; FRL–6016–7]

RIN 2070–AB78

Pseudomonas Fluorescens Strain

PRA-25; Temporary Exemption From

the Requirement of a Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule establishes a

temporary exemption from the

requirement of a tolerance for residues

of the microbial pest control agent

pseudomonas fluorescens strain PRA-25

on peas, snap beans, sweet corn,

supersweet corn when applied/used on

vegetable seeds in the planter box

immediately before planting to reduce

seed rot and damping-off disease cause

by Pythium spp. and root rot caused by

Aphanomyces euteiches. Good Bugs,

Inc. submitted a petition to EPA under

the Federal Food, Drug, and Cosmetic

Act (FFDCA) as amended by the Food

Quality Protection Act of 1996 (FQPA)

(Pub. L. 104-170) requesting the

temporary/time-limited tolerance. This

regulation eliminates the need to

establish a maximum permissible level

for residues of pseudomonas

fluorescens strain PRA-25. The

tolerance will expire on July 31, 2001.

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–300681],

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) 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-300681],

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

file avoiding the use of special

characters and any form of encryption.

Copies of electronic 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 electronic objections and hearing

requests must be identified by the

docket number [OPP-300681]. No

Confidential Business Information (CBI)

should be submitted through e-mail.

Copies of electronic objections and

hearing requests on this rule may be

filed online at many Federal Depository

Libraries.

FOR FURTHER INFORMATION CONTACT: By

mail: Linda A. Hollis, c/o Product

Manager (PM) 90, Biopesticides and

Pollution Prevention Division (7511C),

Environmental Protection Agency, 401
38496 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations

M St., SW, Washington, DC 20460.

Office location, telephone number, and

e-mail address: Rm. , 9th fl., CM #2 1921

Jefferson Davis Hwy., Arlington, VA

22202, (703) 308-8733, e-mail:

hollis.linda@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of February 26, 1997

(62 FR 8735) (FRL–5589–1), EPA issued

a notice pursuant to section 408 of the

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

the filing of a pesticide tolerance

petition (PP 7G4803) Good Bugs, Inc.

P.O. Box 939, New Glarus, WI 53574.

This notice included a summary of the

petition prepared by the petitioner and

this summary contained conclusions

and arguments to support its conclusion

that the petition complied with the

FQPA of 1996. The petition requested

that 40 CFR part 180 be amended by

establishing a temporary/time-limited

tolerance for residues of pseudomonas

fluorescens strain PRA-25.

There were no comments received in

response to the notice of filing The data

submitted in the petition and all other

relevant material have been evaluated.

I. Risk Assessment and Statutory

Findings

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

FFDCA allows EPA to establish an

exemption from the requirement for 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) 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

exposure to the pesticide chemical

residue...’’ EPA performs a number of

analyses to determine the risks from

aggregate exposure to pesticide residues.

First, EPA determines the toxicity of

pesticides. Second, EPA examines

exposure to the pesticide through food,

drinking water, and through other

exposures that occur as a result of

pesticide us in residential settings.

II. Toxicological Profile

Consistent with section 408(b)(2)(D)

of the FFDCA, EPA has reviewed the

available scientific data and other

relevant information in support of this

action and considered its validity,

completeness and reliability and the

relationship of this information to

human risk. EPA has also considered

available information concerning the

variability of the sensitivities of major

identifiable subgroups of consumers,

including infants and children.

All available information indicates

that there is a reasonable certainty that

no harm will result from residues of

pseudomonas fluorescens strain PRA-25

on the treated vegetables because of the

ubiquitous nature of this bacterium

commonly associated with roots, stems,

leaves and bolossoms of a tremendous

variety of plants, soil, freshwater, raw

and refrigerated milk, meat, fish and

cheese and readily isolated from

foodstuff and its low toxicity to humans.

The toxicological data submitted with

this petition demonstrate a lack of

human health issues and fully support

a temporary exemption from the

requirement of a tolererance for

psuedomonas fluorescens strain PRA25.

1. Acute Mammalian Toxicity/

Pathogenicity/Infectivity Testing- no

acute toxicity/pathogenicity effects were

observed when rats were given a

maximum dose of >1.75 x 108 cfu.

2. Nontarget Organism Testing of

Microbial Pest Control Agent - waivers

were submitted for all data requirements

for nontarget avian, freshwater fish and

aquatic inveterbrate, insects and

honeybees. No additional nontarget Tier

I studies required for intended MPCA

use as a pre-plant seed treatment.

3. Acute Oral Limit Toxicity- no acute

toxicity was observed when rats were

administered an acute oral dose of 1.75

x 108 cfu.

III. Aggregate Exposures

In examining aggregate exposure,

section 408 of the FFDCA directs EPA

to consider available information

concerning exposures from the pesticide

residue in food and all other nonoccupational exposures, including

drinking water from groundwater or

surface water and exposure through

pesticide use in gardens, lawns, or

buildings (residential and other indoor

uses).

A. Dietary Exposure

Food. Pseudomonas fluorescens strain

PRA-25 is a ubiquitous bacterium that is

commonly associated with soil, water,

plant roots and leaves, meat, fish, and

dairy products. Therefore, no aditional

exposure to food or drinking water is

anticipated by using psuedomonas

fluorescens strain PRA-25.

B. Other Non-Occupational Exposure

Non-dietary exposure such as lawn

care, topical insect repellents, etc. is not

anticipated since this microbial

pesticide does not have these uses.

Occupational exposure will be mitigated

sthrough the use of proper personal

protective equipment

IV. Cumulative Exposure to Substances

with Common Mechanisms of Toxicity

Pseudomonas fluorescens strain PRA25 does not exhibit a particular

mechanixm of toxicity in common with

other agents, therefore, cumulative

effects with any other substance are not

considered.

V. Determination of Safety for U.S.

Population, Infants and Children

For the U.S. population, including

infants and children, pseudomonas

fluorescens strain PRA-25, EPA

concludes that there is reasonable

certainty that no harm will result from

aggregate exposure to the U.S.

population, including infants and

children, to residues of psuedomonas

fluorescens starin PRA-25. This

includes all anticipated dietary

exposures and all other exposures for

which there is reliable information. The

Agency has arrive at this conclusion

because as discussed above, no toxicity

to mammals has been observed for

pseudomonas fluorescens strain PRA-25

and under reasonable foreseeable

cirucumstances it does not pose a risk.

Thus, a temporary tolerance for

pseudomonas fluorescens strain PRA-25

is not necessary to ensure the saftey of

consumers. Therefore, 40 CFR part 180

is amended as set forth below.

FFDCA section 408 provides that EPA

shall apply an additional ten-fold

margin of exposure (MOE)(safety) for

infants and children in the case of

threshold effects to account for pre-and

post natal toxicity and the completeness

of the database, unless EPA determines

that a different MOE will be safe for

infants and children. MOEs are often

referred to as uncertainty (safety)

factors. In this microbial agency is

practically non-toxic to mammals,

including infancts and children, and,

thus, there are no threshold effects;

therefore, EPA has not used a MOE

approach to assess the safety of

pseudomonas fluorescens strain PRA25. As a result, EPA concludes that this

temporary exemption will be safe

without use of an additional margin of

safety.
Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations 38497

VI. Other Considerations

A. Endocrine Disruptors

The Agency has no information to

suggest the pseudomonas fluorescens

strain PRA-25 will have an effect on the

immune and endocrine systems. The

Agency is not requiring information on

the endocrine effects of this biological

pesticide at this time; Congress has

allowed 3 years after August 3, 1996, for

the Agency to implement a screening

program with respect to endocrine

effects.

B. Analytical Method(s)

The Agency proposes to establish a

temporary exemption from the

requirement of a tolerance without any

numerical limitation; therefore, the

Agency has concluded that an analytical

method is not required for enforcement

purposes for pseudomonas fluorescens

strain PRA-25.

VII. Objections and Hearing Requests

The new section 408(g) of the FFDCA

provides essentially the same process

for persons to ‘‘object’’ to a regulation

for an exemption from the requirement

of a tolerance issued by EPA under new

section 408(d)and 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 governs 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 under the ADDRESSES

section (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(s) on

which a hearing is requested, the

requestor’s contentions on such issues,

and a summary of any evidence relied

upon by the objector (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 a 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(s) 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.

VIII. Public Record and Electronic

Submissions

A record has been established for this

rulemaking under docket control

number [OPP–300681]. A public version

of this record, 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 22202.

Electronic comments can be sent

directly to EPA at:

opp-docket@epamail.epa.gov

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, is kept in

paper form. Accordingly, in the event

there are objections and hearing request,

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. The official rulemaking record is

the paper record maintained at the

Virginia address in ADDRESSES at the

beginning of this document.

IX. Regulatory Assessment

Requirements

This final rule establishes an

exemption from the tolerance

requirement 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 and

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). In

additions, since tolerance exemptions

that are established on the basis of a

petition under FFDCA section 408(d),

such as the exemption in this final rule,

do 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 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.

X. 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
38498 Federal Register / Vol. 63, No. 137 / Friday, July 17, 1998 /Rules and Regulations

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 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: July 8,1998.

Stephen L. Johnson,

Deputy Director, 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. Section 180.1200 is added to

subpart D to read as follows:

§ 180.1200 Pseudomonas fluorescens

strain PRA-25; temporary exemption from

the requirement of a tolerance.

A temporary exemption from the

requirement of a tolerance is established

for residues of the microbial pesticide,

pseudomonas fluorescens strain PRA-25

when used on peas, snap beans and

sweet corn and will expire July 31,

2001.

[FR Doc. 98–18986 Filed 7–16–98; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 282

[FRL–6118–1]

Underground Storage Tank Program:

Approved State Program for Nevada

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: The Resource Conservation

and Recovery Act of 1976, as amended

(RCRA), authorizes the Environmental

Protection Agency (EPA) to grant

approval to states to operate their

underground storage tank programs in

lieu of the federal program. 40 CFR part

282 codifies EPA’s decision to approve

state programs and incorporates by

reference those provisions of the state

statutes and regulations that will be

subject to EPA’s inspection and

enforcement authorities under sections

9005 and 9006 of RCRA Subtitle I and

other applicable statutory and

regulatory provisions (42 U.S.C. 6991d

and 6991e). This rule codifies in part

282 the prior approval of Nevada’s

underground storage tank program and

incorporates by reference appropriate

provisions of state statutes and

regulations.

DATES: The regulation is effective

September 15, 1998, unless EPA

publishes a prior Federal Register

document withdrawing this immediate

final rule. All comments on the

codification of Nevada’s underground

storage tank program must be received

by the close of business on August 17,

1998. The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register, as of September

15, 1998, in accordance with 5 U.S.C.

552 (a).

ADDRESSES: Comments may be mailed to

the U.S. EPA Office of Underground

Storage Tanks (WST–8), Waste

Management Division, U.S. EPA Region

9, 75 Hawthorne Street, San Francisco,

California, 94105–3901. Comments

received by EPA may be inspected in

the public docket, located in the Office

of Underground Storage Tanks, at the

above address, from 9 a.m. to 4 p.m.,

Monday through Friday, excluding

federal holidays.

Copies of Nevada’s underground

storage tank program may be obtained

from the Nevada State Office Library,

Board Room, 100 Stewart Street, Carson

City, Nevada, 89710; the U.S. EPA

Region 9 Library, 13th Floor, 75

Hawthorne Street, San Francisco,

California, 94105–3901; and the U.S.

EPA Underground Storage Tank docket

office and the U.S. EPA Office of

Underground Storage Tanks, both

located at 401 M. Street SW,

Washington, D.C., 20460.

FOR FURTHER INFORMATION CONTACT: John

Thayer, Nevada Program Manager,

Office of Underground Storage Tanks

(WST–8), U.S.EPA Region 9, 75

Hawthorne Street, San Francisco,

California 94105–3901, Phone: (415)

744–2092.

SUPPLEMENTARY INFORMATION:

Background

Section 9004 of the Resource

Conservation and Recovery Act of 1976,

as amended, (RCRA), 42 U.S.C. 6991c,

allows the U.S. Environmental

Protection Agency (EPA) to approve

state underground storage tank

programs to operate in the state in lieu

of the federal underground storage tank

program. On December 24, 1992, EPA

published a Federal Register notice

announcing its tentative decision to

grant approval to Nevada. (See 57 FR

248,61376, December 24, 1992.)

Approval was effective on March 30,

1993.

EPA codifies its approval of state

programs in Part 282 of Title 40, Code

of Federal Regulations (CFR) and

incorporates by reference therein the

state statutes and regulations that will

be subject to EPA’s inspection and

enforcement authorities under sections

9005 and 9006 of Subtitle I of RCRA, 42

U.S.C. 6991d and 6991e, and other

applicable statutory and regulatory

provisions. Today’s rulemaking codifies

EPA’s approval of the Nevada

underground storage tank program. This

codification reflects the state program in

effect at the time EPA granted Nevada

approval under section 9004(a), 42

U.S.C. 6991c(a) for its underground

storage tank program. Notice and

opportunity for comment were provided

earlier on the Agency’s decision to

approve the Nevada program, and EPA

is not now reopening that decision nor

requesting comment on it.

This effort provides clear notice to the

public of the scope of the approved

program in each state. By codifying the

approved Nevada program and by

amending the Code of Federal

Regulations whenever a new or different

set of requirements is approved in

Nevada, the status of federally approved

requirements of the Nevada program

will be readily discernible. Only those

provisions of the Nevada underground

storage tank program for which approval

has been granted by EPA will be

incorporated by reference for

enforcement purposes.

To codify EPA’s approval of Nevada’s

underground storage tank program, EPA

has added section 282.78 to Title 40 of

the Code of Federal Regulation. Section

282.78 incorporates by reference for

enforcement purposes the state’s

statutes and regulations. Section 282.78

also references the Attorney General’s

Statement, Demonstration of Adequate

Enforcement Procedures, the Program

Description, and the Memorandum of

Agreement, which are approved as part

of the underground storage tank

program under subtitle I of RCRA.

The Agency retains the authority

under sections 9005 and 9006 of

Subtitle I of RCRA, 42 U.S.C. 6991d and

6991e, and other applicable statutory

and regulatory provisions to undertake

inspections and enforcement actions in

approved states. With respect to such an

enforcement action, the Agency will

rely on federal sanctions, federal