Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices 24855

List of Subjects

Environmental protection, Pesticides

and pests, Product registrations.

Dated: April 27, 1995.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 95–11383 Filed 5–9–95; 8:45 am]

BILLING CODE 6560–50–F

[OPP–190004; FRL–4926–3]

State Pesticide Residue Removal

Compliance Programs

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Interim Determination

of Adequacy of Certain State and

Territorial Programs.

SUMMARY: Section 19(f)(2) of the Federal

Insecticide, Fungicide and Rodenticide

Act (FIFRA) states that after December

24, 1993, a State may not exercise

primary enforcement responsibility

under section 26, or certify an

applicator under section 11, unless the

Administrator determines that the State

is carrying out an adequate program to

ensure compliance with section 19(f)(1).

The Agency has not promulgated

regulations under section 19(f)(1). To

avoid having the provisions of section

19(f)(2) adversely impact the States and

EPA, the Agency published a policy in

the Federal Register on August 18,

1993, which sets forth a process

whereby the Agency will make an

interim determination of adequacy for

those States (and territories) with

primary enforcement responsibility and/

or certification programs. This

determination is based on an initial

commitment by a State to conduct a

number of activities which will position

the State to have an adequate program

in place by the time compliance with

the regulations promulgated under

section 19(f)(1) is required.

This notice is to announce that the

Government of the Virgin Islands has

met the criteria of the August 18, 1993

policy by submitting a commitment to

conduct the activities set forth in the

policy and therefore has been

determined by EPA to have an adequate

pesticide residue removal compliance

program under section 19(f)(1) and to be

taking the necessary steps ensure

compliance with the new requirements

after EPA’s promulgation of the final

rule.

ADDRESSES: Any person wishing to

review the State submissions may do so,

in person, from 8 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays, at the following address:

Public Docket, Room 1132, CM–2, 1921

Jefferson Davis Highway, Arlington, VA.

FOR FURTHER INFORMATION CONTACT:

Phyllis Flaherty, Agriculture and

Ecosystems Division, Office of

Compliance (2225A), 401 M St., SW.,

Washington DC 20460, telephone (202)

564–2355, facsimile (202) 564–0028.

SUPPLEMENTARY INFORMATION: The

Government of the Virgin Islands has

submitted a commitment to conduct the

activities outlined in the August 18,

1993 Policy Statement on Interim

Determination of Adequacy of State

Pesticide Residue Removal Compliance

Programs.

This Government has met two criteria:

(1) there is a current program for

ensuring compliance with existing

residue removal requirements, and (2) it

has committed to the activities set out

in the August 18, 1993 Policy Statement

to be in a position to have a compliance

program in place to enforce the section

19(f)(1) regulations. Based on the

commitment submitted, I have

determined that the Government of the

Virgin Islands will be taking steps

necessary to have an adequate program

for ensuring compliance with the

regulations under section 19(f)(1) upon

the compliance date of those

regulations. This determination of

adequacy is temporary and will expire

2 years after promulgation of a final rule

issued under section 19(f)(1). Thereafter,

the Government of the Virgin Islands

must have a program to ensure

compliance with the section 19(f)

regulations.

Dated: April 20, 1995.

Carol M. Browner,

Administrator.

[FR Doc. 95–11382 Filed 5–9–95; 8:45 am]

BILLING CODE 6560–50–F

[PP 6G3306/T675; FRL 4951–6]

Triclopyr; Renewal of Temporary

Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has renewed temporary

tolerances for the combined residues of

the herbicide triclopyr and its

metabolites in or on certain raw

agricultural commodities.

DATES: These temporary tolerances

expire March 30, 1997.

FOR FURTHER INFORMATION CONTACT: By

mail: Robert Taylor, Product Manager

(PM) 25, Registration Division (7505C),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm. 245, CM#2, 1921 Jefferson Davis

Highway, Arlington, VA, (703) 305–

6800; e-mail:

taylor.robert@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a notice, published in the

Federal Register of August 15, 1991 (56

FR 40615), stating that temporary

tolerances had been renewed for the

combined residues of the herbicide

triclopyr (3,5,6-trichloro-2-

pyridinyl)oxyacetic acid and its

metabolites 3,5,6-trichloro-2-pyridinol

and 2-methoxy-3,5,6-trichloropyridine

in or on the raw agricultural

commodities fish and shellfish at 0.2

part per million (ppm). An allowable

residue level of 0.5 ppm in potable

water is also being renewed. These

tolerances are renewed in response to

pesticide petition (PP) 6G3306,

submitted by DowElanco, 9330

Zionsville Rd., Indianapolis, IN 46268–

1054.

The company has requested a 1-year

renewal of the temporary tolerances to

permit the marketing of the above raw

agricultural commodities when treated

in accordance with the provisions of the

experimental use permit 62719–EUP–1,

which is being renewed under the

Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA) as amended

(Pub. L. 95–396, 92 Stat. 819; 7 U.S.C.

136). The scientific data reported and

other relevant material were evaluated,

and it was determined that renewal of

the temporary tolerances will protect

the public health. Therefore, the

temporary tolerances have been

renewed on the condition that the

pesticide be used in accordance with

the experimental use permit and with

the following provisions:

1. The total amount of the active

ingredient to be used must not exceed

the quantity authorized by the

experimental use permit.

2. DowElanco must immediately

notify the EPA of any findings from the

experimental use that have a bearing on

safety. The company must also keep

records of production, distribution, and

performance and on request make the

records available to any authorized

officer or employee of the EPA or the

Food and Drug Administration.

These tolerances expire March 30,

1997. Residues not in excess of these

amounts remaining in or on the above

raw agricultural commodities after this

expiration date will not be considered

actionable if the pesticide is legally

applied during the term of, and in
24856 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices

accordance with, the provisions of the

experimental use permit and temporary

tolerances. These tolerances may be

revoked if the experimental use permit

is revoked or if any experience with or

scientific data on this pesticide indicate

that such revocation is necessary to

protect the public health.

The Office of Management and Budget

has exempted this notice from the

requirements of section 3 of Executive

Order 12866.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 96–

354, 94 Stat. 1164, 5 U.S.C. 601–612),

the Administrator has determined that

regulations establishing new tolerances

or raising tolerance levels or

establishing exemptions from tolerance

requirements do not have a significant

economic impact on a substantial

number of small entities. A certification

statement to this effect was published in

the Federal Register of May 4, 1981 (46

FR 24950).

List of Subjects

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Authority: 21 U.S.C. 346a(j).

Dated: April 28, 1995.

Peter Caulkins,

Acting Director, Registration Division, Office

of Pesticide Programs.

[FR Doc. 95–11147 Filed 5–9–95; 8:45 am]

BILLING CODE 6560–50–F

[Docket No. 95F–FRL–5205–5]

Interim Revised EPA Supplemental

Environmental Projects Policy Issued

AGENCY: Office of Enforcement and

Compliance Assurance, EPA.

ACTION: Notice.

SUMMARY: The Office of Enforcement

and Compliance Assurance (EPA) is

issuing the Interim Revised EPA

Supplemental Environmental Projects

Policy. This Policy supersedes the

February 12, 1991 Policy on the Use of

Supplemental Environmental Projects in

EPA Settlements. This Policy responds

to numerous complaints that the 1991

Policy was too cumbersome, rigid and

difficult to understand and apply. This

Policy is being issued to provide greater

flexibility to EPA in exercising its

enforcement discretion to establish

appropriate settlement penalties and to

the regulated community in proposing

supplemental environmental projects

(SEPs) designed to secure significant

environmental or public health

protection and improvements. EPA

intends to implement this Policy on an

interim basis effective May 8, 1995.

DATES: Comments must be received on

or before August 6, 1995.

ADDRESSES: Comments may be mailed

to: SEP Policy, Multimedia Enforcement

Division, Office of Regulatory

Enforcement, Mail Code 2248–A, United

States Environmental Protection

Agency, 401 M Street, S.W., Washington

D.C. 20460.

FOR FURTHER INFORMATION CONTACT:

David A. Hindin, 202–564–6004, Gerard

C. Kraus, 202–564–6047 or Peter W.

Moore, 202–564–6014, Office of

Regulatory Enforcement, Mail Code

2248–A, United States Environmental

Protection Agency, 401 M Street, S.W.,

Washington D.C. 20460.

SUPPLEMENTARY INFORMATION: This

interim final version of the EPA

Supplemental Environmental Projects

Policy expands and clarifies the 1991

Policy on the Use of Supplemental

Environmental Projects in EPA

Settlements. The primary purpose of

this Policy is to obtain environmental

and public health protection and

improvements that may not otherwise

have occurred without the settlement

incentives provided by this Policy. The

revised Policy, issued today, establishes

a framework for determining whether a

proposed project can be considered in

establishing an appropriate settlement

penalty. In addition, this Policy sets out

clear legal guidelines, well-defined

categories of acceptable projects and

simple easy to apply rules for

calculating and applying the cost of a

SEP in determining an appropriate

settlement penalty.

Dated: May 1, 1995

Steven A. Herman,

Assistant Administrator, Office of

Enforcement and Compliance Assurance,

United States Environmental Protection

Agency.

A. Introduction

1. Background

In settlements of environmental

enforcement cases, the U.S.

Environmental Protection Agency (EPA)

will require the alleged violators to

achieve and maintain compliance with

Federal environmental laws and

regulations and to pay a civil penalty.

To further EPA’s goals to protect and

enhance public health and the

environment, in certain instances

environmentally beneficial projects, or

Supplemental Environmental Projects

(SEPs), may be included in the

settlement. This Policy sets forth the

types of projects that are permissible as

SEPs, the penalty mitigation appropriate

for a particular SEP, and the terms and

conditions under which they may

become part of a settlement. The

primary purpose of this Policy is to

encourage and obtain environmental

and public health protection and

improvements that may not otherwise

have occurred without the settlement

incentives provided by this Policy.

In settling enforcement actions, EPA

requires alleged violators to promptly

cease the violations and, to the extent

feasible, remediate any harm caused by

the violations. EPA also seeks

substantial monetary penalties in order

to deter noncompliance. Without

penalties, companies would have an

incentive to delay compliance until they

are caught and ordered to comply.

Penalties promote environmental

compliance and help protect public

health by deterring future violations by

the same violator and deterring

violations by other members of the

regulated community. Penalties help

ensure a national level playing field by

ensuring that violators do not obtain an

unfair economic advantage over their

competitors who made the necessary

expenditures to comply on time.

Penalties also encourage companies to

adopt pollution prevention and

recycling techniques, so that they

minimize their pollutant discharges and

reduce their potential liabilities.

Statutes administered by EPA

generally contain penalty assessment

criteria that a court or administrative

law judge must consider in determining

an appropriate penalty at trial or a

hearing. In the settlement context, EPA

generally follows these criteria in

exercising its discretion to establish an

appropriate settlement penalty. In

establishing an appropriate penalty,

EPA considers such factors as the

economic benefit associated with the

violations, the gravity or seriousness of

the violations, and prior history of

violations. Evidence of a violator’s

commitment and ability to perform a

SEP is also a relevant factor for EPA to

consider in establishing an appropriate

settlement penalty. All else being equal,

the final settlement penalty will be

lower for a violator who agrees to

perform an acceptable SEP compared to

the violator who does not agree to

perform a SEP.

The Agency encourages the use of

SEPs. While penalties play an important

role in environmental protection by

deterring violations and creating a level

playing field, SEPs can play an

additional role in securing significant

environmental or public health