1584 Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations

DATES: This deviation is effective on

January 10, 2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Barry Dragon, Chief, Operations Section,

Seventh Coast Guard District, Bridge

Section at (305) 415–6743.

SUPPLEMENTARY INFORMATION: The

Cortez bridge across the Gulf

Intracoastal Waterway at Sarasota

County, Cortez, is a double leaf bridge

with a vertical clearance of 25.5 feet

above mean high water (MHW)

measured at the fenders in the closed

position with a horizontal clearance of

90 feet. On December 13, 2000, Florida

Department of Transportation, the

drawbridge owner, requested a

deviation from the current operating

regulation in 33 CFR 117.5 which

requires drawbridge to open promptly

and fully when a request to open is

given. This temporary deviation was

requested to allow necessary repairs to

the drawbridge in a critical time

sensitive manner.

The District Commander has granted

a temporary deviation from the

operating requirements listed in 33 CFR

117.35 for the purpose of repair

completion of the drawbridge. Under

this deviation, the Cortez Bridge need

only open one leaf from 8 a.m. until 4

p.m. The deviation is effective for one

day, on January 10, 2001.

Dated: December 21, 2000.

Greg E. Shapley,

Chief, Bridge Administration, Seventh Coast

Guard District.

[FR Doc. 01–549 Filed 1–8–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07–00–133]

Drawbridge Operation Regulations;

Siesta Key Bridge, Across the Gulf

Intracoastal Waterway, Mile 71.6,

Sarasota County, FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Seventh

Coast Guard District, has approved a

temporary deviation from the

regulations governing the operation of

the Siesta Key bridge across the Gulf

Intracoastal Waterway, mile 71.6,

Sarasota County, Florida. This deviation

allows the drawbridge owner or

operator to open only the east span from

8 a.m. until 12 p.m., on January 8, 2001.

This temporary deviation is required to

allow the bridge owner to safely

complete repairs of the bridge.

DATES: This deviation is effective on

January 8, 2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Barry Dragon, Chief, Operations Section,

Seventh Coast Guard District, Bridge

Section at (305) 415–6743.

SUPPLEMENTARY INFORMATION: The Siesta

Key bridge across the Gulf Intracoastal

Waterway at Sarasota County, has a

vertical clearance of 21 feet above mean

high water (MHW) measured at the

fenders in the closed position with a

horizontal clearance of 90 feet. On

December 13, 2000, Florida Department

of Transportation, the drawbridge

owner, requested a deviation from the

current operating regulation in 33 CFR

117.5 which requires drawbridge to

open promptly and fully when a request

to open is given. This temporary

deviation was requested to allow

necessary repairs to the drawbridge in a

critical time sensitive manner.

The District Commander has granted

a temporary deviation from the

operating requirements listed in 33 CFR

117.5 for the purpose of repair

completion of the drawbridge. Under

this deviation, the Siesta Key Bridge

need only open the east span from 8

a.m. until 12 p.m. on January 8, 2001.

Dated: December 21, 2000.

Greg E. Shapley,

Chief, Bridge Administration, Seventh Coast

Guard District.

[FR Doc. 01–550 Filed 1–8–01; 8:45 am]

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–6928–4]

Approval of the Clean Air Act (CAA),

Section 112(l) Program and Delegation

of Authority to the State of Oklahoma

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule and delegation.

SUMMARY: The EPA is approving by

direct final rulemaking the Oklahoma

Department of Environmental Quality’s

(ODEQ) request for program approval of

adequate authorities and resources to

implement and enforce Federal National

Emission Standards for Hazardous Air

Pollutants (NESHAP) in 40 CFR parts 61

and 63, as these regulations apply to

non-part 70 sources.

The EPA is approving ODEQ’s

mechanism for receiving delegation of

unchanged NESHAPs as they apply to

non-part 70 sources.

Also, EPA is delegating authority to

ODEQ to implement and enforce certain

Federal NESHAPs hazardous air

pollutant regulations which ODEQ has

adopted by reference into their State

rules as they apply to all sources (i.e.,

both part 70 and non-part 70 sources).

These are NESHAPs found in 40 CFR

parts 61 and 63. The EPA is also

delegating specified General Provisions

to parts 61 and 63 as these regulations

apply to all sources.

The EPA is waiving its notification

requirements so sources will only need

to send notifications and reports to

ODEQ.

This action is taken under the

authority of CAA section 112(l) and 40

CFR part 63, subpart E.

This action does not apply to areas in

Indian Country over which the State of

Oklahoma has not demonstrated

authority.

DATES: This rule is effective on March

12, 2001 without further notice, unless

EPA receives adverse comment by

February 8, 2001. If EPA receives such

comment, EPA will publish a timely

withdrawal in the Federal Register

informing the public that this rule will

not take effect.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Robert M. Todd at the Region 6 office

listed below. Copies of the requests for

delegation and other supporting

documentation are available for public

inspection at the following location:

U.S. Environmental Protection Agency,

Region 6, Multimedia Planning and

Permitting Division (6PD), 1445 Ross

Avenue, Dallas, TX 75202–2733.

Anyone wanting to examine these

documents should make an

appointment at least two working days

in advance.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert M. Todd, U.S. EPA, Region 6,

Multimedia Planning and Permitting

Division (6PD), 1445 Ross Avenue,

Dallas, TX 75202–2733, (214) 665–2156.

SUPPLEMENTARY INFORMATION:

I. Overview

Table of Contents

1. What is EPA approving? Why?

2. What authority is EPA delegating to

ODEQ?

Standards

General Provisions

3. What will happen to ODEQ’s prior

delegation of Part 61 standards?

4. What is the legal authority for EPA’s

action?

5. What responsibility does this give ODEQ?

6. What responsibility does EPA have?

Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations 1585

1Memorandum from John Seitz, Office of Air

Quality Planning and Standards, dated July 10,

1998, entitled, ‘‘Delegation of 40 CFR Part 63

General Provisions Authorities to State and Local

Air Pollution Control Agencies.’’

2 ‘‘How to Review and Issue Clean Air Act

Applicability Determinations and Alternative

Monitoring.’’ EPA 305-B–99–004, February 1999.

7. What is EPA’s oversight of this delegation

to ODEQ?

8. What is the history of ODEQ’s delegation

requests?

9. What other authorities does ODEQ have?

10. Should sources submit notices to EPA or

ODEQ?

11. What information must ODEQ provide to

EPA?

12. How will unchanged authorities be

delegated to ODEQ in the future?

13. What is the relationship between the

Resource Conservation and Recovery Act

(RCRA) and the Hazardous Waste

Combustor (HWC) MACT? How does this

affect delegation of this standard to

ODEQ?

II. Final Action

III. Administrative Requirements

1. What Is EPA Approving? Why?

We, the EPA, are approving ODEQ’s

air toxics program for non-part 70

sources and their mechanism for

receiving future delegation of

unchanged Federal NESHAP regulations

for non-part 70 sources. The State

submittal meets all section 112(l)

requirements because:

• The State program is no less

stringent than the Federal program. The

ODEQ’s rules at Oklahoma

Administrative Code, subchapter 41,

Control of Emissions of Hazardous and

Toxic Air Contaminants, part 3,

Hazardous Air Contaminants, section

252:100–41–15, adopt certain Federal

NESHAP regulations by reference, as

more fully discussed in this action.

• The ODEQ has demonstrated

adequate authority and resources to

implement and enforce the standards.

• The schedule for implementation

and compliance is sufficiently

expeditious.

• The program otherwise complies

with Federal guidance.

A more detailed analysis of the State’s

submittal pursuant to § 63.91 is in the

Technical Support Document included

in the docket of this rulemaking. The

mechanism for future delegation of

unchanged standards is described in

question twelve below.

2. What Is EPA Delegating to ODEQ?

We are delegating:

Specific Standards

We are approving ODEQ’s request for

delegation of authority to implement

and enforce specific 40 CFR parts 61

and 63, subparts for all sources, as they

exist July 1, 1999. A notable exception

is that we are not delegating those

standards under part 61 dealing with

radionuclides.

(Two tables outlining the standards

requested by ODEQ and delegated by

this action are found under the response

to question eight, below.)

General Provisions

We are approving in part ODEQ’s

request for delegation of authority to

implement and 40 CFR part 61, subpart

A and part 63, subpart A, General

Provisions (for all sources). The ODEQ’s

rules are unchanged from the Federal

provisions.

We have determined that ODEQ has

sufficient resources and expertise to

implement certain sections of the

General Provisions. A July 10, 1998,

memorandum from John Seitz 1 clarified

which of the part 63 General Provisions

authorities may be delegated to State

agencies. On September 14, 2000 our

rules were revised to outline the

delegable authorities at 40 CFR 63.91(g).

A guidance document2 from EPA’s

Office of Enforcement and Compliance

clarified the part 61 discretionary

authorities which were appropriate to

delegate to State agencies. Granting

ODEQ authority to make decisions that

are not likely to be nationally significant

or which do not alter the stringency of

the underlying standard is in keeping

with these authorities. The ODEQ

should make decisions on a source-bysource basis, not on a source category

basis.

Listed below are the part 61, subpart

A, sections that we cannot delegate to

ODEQ. We are delegating all other part

61, General Provision authorities to

ODEQ.

40 CFR PART 61, SUBPART A, GENERAL PROVISIONS, AUTHORITIES WHICH MAY NOT BE DELEGATED

Section Authorities

61.04(b) ............................................................... Addresses of State and Local Implementing Agencies.

61.12(d)(1) ........................................................... Compliance with Standards and Maintenance Requirements, Alternate Means of Emission

Limitation.

61.13(h) ............................................................... Major Change to an Emissions Test.

61.14(g) ............................................................... Major modifications to Monitoring Requirements.

61.16 ................................................................... Availability of Information Procedures.

Listed below are the part 63, subpart A, sections that we are delegating to ODEQ. Also, listed in the footnotes

of the part 63 delegation table at the end of this rule are the authorities that cannot be delegated to any State or

local agency which we therefore retain.

PART 63, SUBPART A, GENERAL PROVISIONS AUTHORITIES DELEGATED TO ODEQ

Section Authorities

63.1 ..................................................................... Applicability Determinations.

63.6(e) ................................................................. Operation and Maintenance Requirements—Responsibility for Determining Compliance.

63.6(f) .................................................................. Compliance with Non-Opacity Standards—Responsibility for Determining Compliance.

63.6(h) [except 63.6(h)(9)] .................................. Compliance with Opacity and Visible Emissions Standards—Responsibility for Determining

Compliance

63.7(c)(2)(i) and (d) ............................................. Approval of Site-Specific Test Plans.

63.7(e)(2)(i) ......................................................... Approval of Minor Alternatives to Test Methods.

63.7(e)(2)(ii) and (f) ............................................. Approval of Intermediate Alternatives to Test Methods.

63.7(e)(2)(iii) ........................................................ Approval of Shorter Sampling Times and Volumes When Necessitated by Process Variables

or Other Factors.

63.7(e)(2)(iv) and (h)(2), (h)(3) ............................ Waiver of Performance Testing.

1586 Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations

PART 63, SUBPART A, GENERAL PROVISIONS AUTHORITIES DELEGATED TO ODEQ—Continued

Section Authorities

63.8(c)(1) and (e)(1) ............................................ Approval of Site-Specific Performance Evaluation (monitoring) Test Plans.

63.8(f) .................................................................. Approval of Minor Alternatives to Monitoring.

63.8(f) .................................................................. Approval of Intermediate Alternatives to Monitoring.

63.9 and 63.10 .................................................... Approval of Adjustments to Time Periods for Submitting Reports.

63.10(f) ................................................................ Approval of Minor Alternatives to Recordkeeping and Reporting.

For part 70 sources, semiannual and

annual reports are required and this

does not change that requirement.

Decisions ODEQ makes, such as State

applicability determinations, approval

of alternatives to test methods, approval

of alternatives to monitoring and

approval of alternatives to

recordkeeping requirements are not

binding on EPA.

3. What Will Happen to ODEQ’s Prior

Delegation of Part 61 Standards?

In 1982, the Administrator of EPA’s

Dallas Regional Office delegated some

authority to implement and enforce

New Source Performance Standards

(NSPS) and NESHAPs to ODEQ. (47 FR

17285, April 22, 1982) These standards

and authorities are found in 40 CFR

parts 60 and 61, respectively. Today’s

action will rescind and replace the

NESHAP portion of that agreement only.

The NSPS portion of the 1982

delegation agreement as supplemented

on October 8, 1999 is not affected by

this rulemaking. This delegation will

cover more part 61 standards, more

sources, and grant more discretionary

authority to ODEQ, as discussed in the

General Provision section of this

document.

4. What Is the Legal Authority for EPA’s

Action?

Section 112(l) of the CAA enables

EPA to approve State air toxics

programs or rules to operate in place of

the Federal air toxics program or rules.

40 CFR part 63, subpart E (65 FR 55810

September 14, 2000) governs EPA’s

approval of State rules or programs

under section 112(l).

Approval of an air toxics program is

granted by EPA if we find that:

(1) The State program is ‘‘no less

stringent’’ than the corresponding

Federal program or rule,

(2) The State has adequate authority

and resources to implement the

program,

(3) The schedule for implementation

and compliance is sufficiently

expeditious, and

(4) The program otherwise complies

with Federal guidance. Any request for

subpart E approval that does not change

the Federal section 112 rules must meet

the criteria in 40 CFR 63.91.

The request may specify the

mechanism that the State will use in the

future to receive delegation of

unchanged Federal section 112

standards without additional Federal

rulemaking.

The procedure and criteria for

requesting and receiving approval of

programs or requesting delegation under

section 112(l) of the CAA was initially

published on November 26, 1993 in 58

FR 62262. The regulations were codified

at 40 CFR part 63, subpart E. The EPA’s

procedures for delegating NESHAPS

were modified on September 14, 2000 in

65 FR 55810. The revisions were to

provide more options and expedite the

approval process. These revisions did

not affect the criteria and procedures for

program approval and straight

delegation to Oklahoma, and the State’s

request and our review is consistent

with the regulations as revised.

5. What Responsibility Does This Give

ODEQ?

With this delegation, ODEQ has the

primary responsibility to implement

and enforce the delegated standards.

This action does not apply to areas of

Indian Country over which the State of

Oklahoma has not demonstrated

authority. States do not have

jurisdiction over Indian Country (as

defined in 18 U.S.C. 1151, and

referenced in 40 CFR 51.1(i)) unless

specifically granted by Congress. Since

the State of Oklahoma has not submitted

a demonstration of authority over the

Indian Country, we are limiting our

approval to those areas that do not

constitute Indian Country. For a more

detailed discussion of Tribal authority

under the Act, see 59 FR 43956, August

25, 1994 and 63 FR 7254, February 12,

1998.

6. What Authority Does EPA Have?

We retain the right, as allowed by

CAA section 112(l)(7), to enforce any

applicable emission standard or

requirement under section 112.

The EPA Administrator has the

authority to approve certain changes to,

or make decisions under the General

Provisions to parts 61 and 63. This

authority is in 40 CFR part 61, subpart

A and 40 CFR part 63, subpart A. We

are granting ODEQ some of these

authorities, and retaining others, as

explained with the General Provisions

description. And as stated earlier, EPA

is not bound by State determinations.

In addition, no authorities are

delegated that require rulemaking in the

Federal Register to implement, or where

Federal overview is the only way to

ensure national consistency in the

application of the standards or

requirements of CAA section 112.

Also, we retain any authority in an

individual emission standard that may

not be delegated according to provisions

of the standard.

7. What Is EPA’s Oversight of This

Delegation to ODEQ?

The EPA must oversee ODEQ’s

decisions to ensure the delegated

authorities are being adequately

implemented and enforced. We will

integrate oversight of the delegated

authorities into the existing mechanisms

and resources for oversight currently in

place.

If, during oversight, we determine that

ODEQ made decisions that decreased

the stringency of the delegated

standards, then ODEQ should take

corrective actions and the source(s)

affected by the decisions would be

notified. We will initiate withdrawal of

the program if the corrective actions

taken are insufficient.

8. What Is the History of ODEQ’s

Delegation Request?

On March 10, 1995, we proposed to

approve the State’s program and

mechanism for gaining delegation of

unchanged section 112 standards for

part 70 sources (60 FR 13092). This was

included in our proposal to approve

ODEQ’s request for interim approval of

the part 70 Operating Permit Program.

On February 5, 1996, we issued final

approval of the State’s air toxics

program and delegation mechanism for

all section 112 standards under the

authority of CAA section 112(1)(5) and

40 CFR 63.91 (61 FR 4224). This applies

only to sources covered by the part 70

program.

Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations 1587

We received delegation requests from

ODEQ dated June 26, 1998, and May 5,

2000. These requests are for delegation

of the 40 CFR parts 61 and 63 NESHAP

standards adopted unchanged into

Oklahoma Administrative Code Title

252 Chapter 100 Air Pollution Control

Subchapter 41 Control of Emission of

Hazardous and Toxic Air Contaminants.

The ODEQ requested delegation of the

general provisions and emission

standards listed in the tables below.

These requests were made according to

the requirements of 40 CFR part 63,

subpart E. 58 FR 62262, November 26,

1993. This regulation, which governs

EPA’s approval of State rules or

programs was recently revised to better

serve the needs of State and Local

agencies that want to implement

NESHAPs in their areas. 65 FR 55810,

September 14, 2000. These revisions did

not affect the criteria and procedures for

program approval and straight

delegation to Oklahoma, and the State’s

request and our review is consistent

with the regulations as revised.

TABLE 1.—NESHAP—40 CFR PART 61

Subpart NESHAP

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

C .................................................................................. Beryllium.

D .................................................................................. Beryllium Rocket Motor Firing.

E ................................................................................... Mercury.

F ................................................................................... Vinyl Chloride.

J ................................................................................... Equipment Leaks of Benzene.

L ................................................................................... Benzene Emissions from Coke By-Product Recovery Plants.

M .................................................................................. Asbestos.

N .................................................................................. Inorganic Arsenic Emissions from Glass Manufacturing Plants.

O .................................................................................. Inorganic Arsenic Emissions from Primary Copper Smelters.

P ................................................................................... Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production Facilities.

V ................................................................................... Equipment Leaks.

Y ................................................................................... Benzene Emissions from Benzene Storage Vessels.

BB ................................................................................ Benzene Emissions from Benzene Transfer Operations.

FF ................................................................................. Benzene Emissions from Benzene Waste Operations.

TABLE 2.—NESHAPS FOR SOURCE CATEGORIES—40 CFR PART 63

Subpart Emission standard

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

F ................................................................................... Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI).

G .................................................................................. HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater.

H .................................................................................. HON—Equipment Leaks.

I .................................................................................... HON—Certain Processes Negotiated Equipment Leak Regulation.

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

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

N .................................................................................. Chromium Electroplating.

O .................................................................................. Ethylene Oxide Sterilizers.

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

R .................................................................................. Gasoline Distribution.

S ................................................................................... Pulp and Paper Industry.

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

U .................................................................................. Polymers and Resins I.

W .................................................................................. Polymers and Resins II—Epoxy Resins and Non-Nylon Polyamides.

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

Y ................................................................................... Marine Tank Vessel Loading.

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

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

EE ................................................................................ Magnetic Tape Manufacturing.

GG ............................................................................... Aerospace Manufacturing and Rework.

HH ................................................................................ Oil and Natural Gas Production.

II ................................................................................... Shipbuilding and Ship Repair.

JJ ................................................................................. Wood Furniture Manufacturing.

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

LL ................................................................................. Primary Aluminum Reduction Plants.

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

PP ................................................................................ Containers.

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

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

SS ................................................................................ Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas

System or a Process.

TT ................................................................................. Equipment Leaks—Control Level 1.

UU ................................................................................ Equipment Leaks—Control Level 2 Standards.

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

WW .............................................................................. Storage Vessels (Tanks)—Control Level 2.

YY ................................................................................ Generic Maximum Achievable Control Technology Standards.

CCC ............................................................................. Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration.

1588 Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations

3Sections 112(i) (1) and (3) state that ‘‘Extension

of Compliance with Emission Standards’’ and

‘‘Approval and Disapproval of Construction and

Reconstruction’’ can be implemented by the

‘‘Administrator (or a State with a permit program

approved under Title V).’’

TABLE 2.—NESHAPS FOR SOURCE CATEGORIES—40 CFR PART 63—Continued

Subpart Emission standard

DDD ............................................................................. Mineral Wool Production.

EEE .............................................................................. Hazardous Waste Combustors.

GGG ............................................................................. Pharmaceuticals Production.

HHH ............................................................................. Natural Gas Transmission and Storage.

III .................................................................................. Flexible Polyurethane Foam Production.

JJJ ................................................................................ Polymers and Resins, Group IV.

LLL ............................................................................... Portland Cement Manufacturing.

MMM ............................................................................ Pesticide Active Ingredient Production.

NNN ............................................................................. Wool Fiberglass Manufacturing.

PPP .............................................................................. Polyether Polyols Production.

TTT .............................................................................. Primary Lead Smelting.

XXX .............................................................................. Ferroalloys Production.

The State has asked for delegation of

these standards, and we are delegating

them to ODEQ, as they existed on July

1, 1999. Please see question twelve

below for a discussion of how we will

delegate future standards and revisions

to the State.

9. What Other Authorities Does ODEQ

Have?

Certain General Provisions authorities

are automatically granted to ODEQ as

part of their part 70 Operating Permits

Program approval (regardless of whether

the Operating Permits Program approval

is interim or final). These are 40 CFR

63.6(i)(1), ‘‘Extension of Compliance

with Emission Standards,’’ and 63.5(e)

and (f), ‘‘Approval and Disapproval of

Construction and Reconstruction.’’3

Additionally, ODEQ’s authority to

grant a source a compliance extension

under 40 CFR 63.6(i)(1) is not limited to

delegated standards or part 70 permitted

sources.

10. Should Sources Submit Notices to

EPA or ODEQ?

Sources within ODEQ’s jurisdiction

must submit notifications and reports

required by the delegated NESHAPs to

ODEQ, and sources do not need to send

a copy to EPA. The ODEQ is the primary

point of contact with respect to

delegated NESHAPs. EPA Region 6

waives the requirement that

notifications and reports for delegated

standards be submitted to EPA in

addition to ODEQ per 40 CFR

63.9(a)(4)(ii) and 63.10(a)(4)(ii).

11. What Information Must ODEQ

Provide to EPA?

In delegating the authority to

implement and enforce these rules and

in granting a waiver of EPA notification

requirements, we require ODEQ to input

all source information into the

Aerometric Information Retrieval

System (AIRS) for both point and area

sources. The ODEQ must enter this

information into the AIRS system and

update the information by September 30

of every year. Additionally, ODEQ must

also report to EPA, Region 6, all

MACTRAX information on our request,

which is typically semiannually.

(MACTRAX provides summary data for

each implemented NESHAP that EPA

uses to evaluate the Air Toxics

Program.) The ODEQ must provide any

additional compliance related

information to EPA, Region 6, Office of

Compliance Assurance as necessary.

In receiving delegation for specific

General Provisions authorities, ODEQ

must submit to EPA, Region 6, copies of

determinations issued under these

authorities. For part 61, these

determinations include: applicability

determinations (section 61.01);

determinations of construction or

modification (section 61.06); approvals

of construction or modification (section

61.08); Waiver of Compliance (section

61.11); Operation and Maintenance

Requirements (section 61.12(c)); Waiver

of Emission Test (section 61.13(h)(1)(iii)

and (i)(1), (2)); Approval of Minor

Alternatives to Monitoring (section

61.14(g) except section 61.14(g)(1)(ii)).

For part 63, these determinations

include: applicability determinations

(§ 63.1); approval/disapprovals of

construction and reconstruction

(§ 63.5(e) and (f)); approval/disapprovals

of compliance extensions (§ 63.6(i)(1));

approval of shorter sampling times and

volumes (§ 63.7(e)(2)(iii)); waiver of

performance testing (§ 63.7(e)(2)(iv) and

(h)(2), (3)); approval of adjustments to

time periods for submitting reports

(§§ 63.9 and 63.10); approvals/

disapprovals of minor (§ 63.7(e)(2)(i)) or

intermediate (§ 63.7(e)(2)(ii) and (f))

alternative test methods; approvals/

disapprovals of minor or intermediate

alternative monitoring methods

(§ 63.8(f)); and approvals/disapprovals

of minor alternatives to recordkeeping

and reporting (§ 63.10(f)). The ODEQ

must also forward to EPA, Region 6,

copies of any notifications received

under § 63.6(h)(7)(ii) regarding the use

of a continuous opacity monitoring

system.

Additionally, EPA’s Emission

Measurement Center of the Emissions

Monitoring and Analysis Division must

receive copies of any approved

intermediate changes to test methods or

monitoring. (Please note that

intermediate changes to test methods

must be demonstrated as equivalent

through the procedures set out in EPA

method 301.) This information on

approved intermediate changes to test

methods and monitoring will be used to

compile a database of decisions that will

be accessible to State and local agencies

and EPA Regions for reference in

making future decisions. (For

definitions of major, intermediate and

minor alternative test methods or

monitoring methods, see 40 CFR 63.90).

The ODEQ should forward these

intermediate test methods or monitoring

changes via mail or facsimile to: Chief,

Source Categorization Group A, U.S.

EPA (MD–19), Research Triangle Park,

NC 27711, Facsimile telephone number:

(919) 541–1039.

12. How Will Unchanged Authorities Be

Delegated to ODEQ in the Future?

In the future, for all sources, ODEQ

will only need to send a letter of request

to EPA, Region 6, for those NESHAP

regulations that the State has adopted by

reference with proof of its regulatory

authority. We will respond in writing to

the request stating that the request for

delegation is either granted or denied. If

a request is approved, the effective date

of the delegation will be the date of our

response letter. A document of the

delegation will be published in the

Federal Register to inform the public

and affected sources of the delegation

Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations 1589

4EPA promulgated the HWC MACT (40 CFR part

63, subpart EEE) under the joint authority of the

(CAA) and (RCRA). Before this rule went in to

effect, the air emissions from these sources were

primarily regulated under the authority of RCRA.

See 40 CFR parts 264, 265, 266, and 270. With the

release of HWC MACT, the air emissions are now

regulated under both CAA and RCRA. Even though

both statutes give EPA the authority, we determined

that having the emissions standards and permitting

requirements in both sets of implementing

regulations would be duplicative. For this reason,

using the authority provided by section 1006(b) of

RCRA, EPA deferred the RCRA requirements for the

HWC emission controls to the CAA requirements of

40 CFR part 63, subpart EEE. After a facility has

demonstrated compliance with the HWC MACT,

the RCRA waste management standards for air

emissions from these units will no longer apply,

with the exception of 3005(c)(3) of RCRA, which

requires that each RCRA permit contain the terms

and conditions necessary to protect human health

and the environment. Under this provision of

RCRA, if a regulatory authority determines that

more stringent conditions that the HWC MACT are

necessary to protect human health and the

environment for a particular facility, then that

regulatory authority may impose those conditions

in the facility’s RCRA permit.

and to indicate where source

notifications and reports should be sent.

Furthermore, ODEQ intends to update

their adoptions by reference of 40 CFR

parts 61 and 63 standards and request

updated delegation annually, as current

standards are revised and new standards

are promulgated.

13. What Is the Relationship Between

the Resource Conservation and

Recovery Act (RCRA) and the

Hazardous Waste Combustor (HWC)

MACT? How Does This Affect

Delegation of This Standard to ODEQ?

As part of today’s rule, we are

delegating, under the CAA,

implementation and enforcement

authority for the Hazardous Waste

Combustor MACT to ODEQ. Many of

the sources subject to the HWC MACT

are also subject to the RCRA permitting

requirements. We expect air emissions

and related operating requirements

found in the HWC MACT will be

included in part 70 permits issued by

ODEQ. However, RCRA permits will

still be required for all other aspects of

the combustion unit and the facility that

are governed by RCRA (e.g., corrective

action, general facility standards, other

combustor-specific concerns such as

materials handling, risk-based emissions

limits and operating requirements, as

appropriate and other hazardous waste

management units).4 See the HWC

MACT rule preamble discussion on the

interrelationship of the MACT rule with

the RCRA Omnibus provision and site

specific risk assessments at 64 FR

52828, pages 52839–52843, September

30, 1999, and the RCRA Site-Specific

Risk Assessment Policy for Hazardous

Waste Combustion Facilities dated June,

2000 for more information.

II. Final Action

The public was provided the

opportunity to comment on the

proposed approval of the program and

mechanism for delegation of section 112

standards, as apply to part 70 sources,

on March 10, 1995. 60 FR 13088. The

EPA received public comments on that

proposal and responded to them in the

February 5, 1996, Federal Register. 61

FR 4220. In this action, the public is

given an opportunity to comment on the

program and mechanism for the State to

gain delegation of these standards as

they apply to non-part 70 sources.

However, the Agency views the

approval of these requests as a

noncontroversial action and anticipates

no adverse comments. Therefore, EPA is

publishing this rule without prior

proposal. However, in the Proposed

Rules section of today’s Federal

Register publication, EPA is publishing

a separate document that will serve as

the proposal to approve the program

and delegation of authority described in

this action if adverse comments are

received. This action will be effective

March 9, 2001 without further notice

unless the Agency receives relevant

adverse comments by February 7, 2001.

If EPA receives adverse comments, we

will publish a timely withdrawal in the

Federal Register informing the public

the rule will not take effect. We will

address all public comments in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period on

this action. Any parties interested in

commenting must do so at this time.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866, entitled

‘‘Regulatory Planning and Review.’’

B. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks (62 Federal Register 19885, April

23, 1997), applies to any rule that: (1)

Is determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to Executive

Order 13045 because it is not

economically significant and does not

involve decisions intended to mitigate

environmental health or safety risks.

C. Executive Order 13084

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly

affects or uniquely affects the

communities of Indian tribal

governments, and that imposes

substantial direct compliance costs on

those communities, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

elected officials and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’

Today’s rule does not significantly or

uniquely affect the communities of

Indian tribal governments. This action

does not involve or impose any

requirements that affect Indian Tribes.

Accordingly, the requirements of

section 3(b) of Executive Order 13084

do not apply to this rule.

D. Executive Order 13132

Federalism (64 Federal Register

43255, August 10, 1999) revokes and

replaces Executive Orders 12612

(Federalism) and 12875 (Enhancing the

Intergovernmental Partnership).

Executive Order 13132 requires EPA to

develop an accountable process to

ensure ‘‘meaningful and timely input by

State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that have

‘‘substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

1590 Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations

distribution of power and

responsibilities among the various

levels of government.’’ Under Executive

Order 13132, EPA may not issue a

regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. The EPA also may not issue

a regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

This rule does not have federalism

implications. It will not have substantial

direct effects on the States, on the

relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, because it

merely approves a State program and

rules implementing a Federal standard,

and does not alter the relationship or

the distribution of power and

responsibilities established in the CAA.

Thus, Executive Order 13132 does not

apply to this rule. Although section 6 of

the Executive Order does not apply to

this rule, EPA did consult with State

officials in developing this rule, and this

rule is in response to the State’s

delegation request.

E. Regulatory Flexibility

The Regulatory Flexibility Act

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements 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.

This rule will not have a significant

impact on a substantial number of small

entities because delegation of authority

to implement and enforce unchanged

Federal standards under section 112(l)

of the CAA does not create any new

requirements, but simply transfers

primary implementation authorities to

the State. Therefore, because this action

does not impose any new requirements,

the Administrator certifies that this

action will not have a significant

economic impact on a substantial

number of small entities.

F. 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.

The 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.

G. National Technology Transfer and

Advancement Act

Section 12 of the National Technology

Transfer and Advancement Act

(NTTAA) of 1995 requires Federal

agencies to evaluate existing technical

standards when developing a new

regulation. To comply with NTTAA,

EPA must consider and use ‘‘voluntary

consensus standards’’ (VCS) if available

and applicable when developing

programs and policies unless doing so

would be inconsistent with applicable

law or otherwise impractical.

The EPA believes that VCS are

inapplicable to this action. Today’s

action does not require the public to

perform activities conducive to the use

of VCS.

H. Executive Order 12898

This rule does not involve special

consideration of Environmental Justice

related issues as required by Executive

Order 12898 (59 FR 7629, February

16,1994).

I. Executive Order 12988

As required by section 3 of Executive

Order 12988 (61 FR 4729, February 7,

1996), in issuing this rule, EPA has

taken the necessary steps to eliminate

drafting errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct.

J. Executive Order 12630

The EPA has complied with Executive

Order 12630 (53 FR 8859, March 15,

1988) by examining the takings

implications of the rule in accordance

with the ‘‘Attorney Generals

Supplemental Guidelines for the

Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the Executive Order.

K. Paperwork Reduction

This rule does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.).

L. 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. The 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. A major rule cannot take effect

until 60 days after it is published in the

Federal Register. This action is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2). This rule will be effective March

12, 2001 unless EPA receives adverse

written comments by February 8, 2001.

M. Petitions for Judicial Review

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by March 12, 2001. 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, Air

pollution control, Hazardous

substances, Intergovernmental relations,

Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations 1591

Reporting and recordkeeping

requirements.

Dated: December 21, 2000.

Lynda F. Carroll,

Acting Regional Administrator, Region 6.

Title 40, chapter I, part 63 of the CFR

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)(36) to read as

follows:

§ 63.99 Delegated Federal Authorities

(a) * * *

(36) Oklahoma.

(i) The following table lists the

specific part 63 standards that have

been delegated unchanged to the State

of Oklahoma for all sources. The (X)

symbol is used to indicate each subpart

that has been delegated.

DELEGATION STATUS FOR PART 63 STANDARDS—OKLAHOMA

Subpart ODEQ 1

A .................................................................... General Provisions 2 ............................................................................................................ X

D .................................................................... Early Reductions.

F .................................................................... HON—SOCMI ..................................................................................................................... X

G ................................................................... HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater .. X

H .................................................................... HON—Equipment Leaks ..................................................................................................... X

I ..................................................................... HON—Certain Processes Negotiated Equipment Leak Regulation ................................... X

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

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

N .................................................................... Chromium Electroplating ..................................................................................................... X

O ................................................................... Ethylene Oxide Sterilizers ................................................................................................... X

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

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

S .................................................................... Pulp and Paper Industry ..................................................................................................... X

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

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

W ................................................................... Polymers and Resins II–Epoxy ........................................................................................... X

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

Y .................................................................... Marine Tank Vessel Loading .............................................................................................. X

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

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

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

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

HH ................................................................. Oil and Natural Gas Production .......................................................................................... X

II .................................................................... Shipbuilding and Ship Repair .............................................................................................. X

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

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

LL .................................................................. Primary Aluminum Reduction Plants .................................................................................. X

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

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

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

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

SS ................................................................. Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas

System or a Process.

X

TT .................................................................. Equipment Leaks—Level 1 ................................................................................................. X

UU ................................................................. Equipment Leaks—Level 2 Standards ................................................................................ X

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

WW ............................................................... Storage Vessels (Tanks)—Control Level 2 ......................................................................... X

YY ................................................................. Generic Maximum Achievable Control Technology Standards .......................................... X

CCC .............................................................. Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration .................... X

DDD .............................................................. Mineral Wool Production ..................................................................................................... X

EEE ............................................................... Hazardous Waste Combustors ........................................................................................... X

GGG .............................................................. Pharmaceuticals Production ................................................................................................ X

HHH .............................................................. Natural Gas Transmission and Storage .............................................................................. X

III ................................................................... Flexible Polyurethane Foam Production ............................................................................. X

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

LLL ................................................................ Portland Cement Manufacturing ......................................................................................... X

MMM ............................................................. Pesticide Active Ingredient Production ............................................................................... X

NNN .............................................................. Wool Fiberglass Manufacturing ........................................................................................... X

PPP ............................................................... Polyether Polyols Production .............................................................................................. X

TTT ................................................................ Primary Lead Smelting ........................................................................................................ X

XXX ............................................................... Ferroalloys Production ........................................................................................................ X

1Oklahoma Department of Environmental Quality.

2Authorities which may not be delegated include: 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval of major alternatives to test methods;

63.8(f) for approval of major alternatives to monitoring; and all authorities identified in the subparts (i.e., under ‘‘Delegation of Authority’’) that

cannot be delegated.

1592 Federal Register / Vol. 66, No. 6 / Tuesday, January 9, 2001 / Rules and Regulations

[FR Doc. 01–110 Filed 1–8–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301097; FRL–6760–2]

RIN 2070–6760–2

Spinosad; Pesticide Tolerances for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes

time-limited tolerances for residues of

spinosad in or on alfalfa forage, alfalfa

hay, sugar beets, sugar beet tops, sugar

beet molasses, grass forage, grass hay,

peanuts, and peanut hay and, modifies

tolerances for livestock commodities on

a time-limited basis. 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 on alfalfa, sugar beets,

pastureland and rangeland, and

peanuts. This regulation establishes

maximum permissible levels for

residues of spinosad on these food

commodities. These tolerances will

expire and are revoked on December 31,

2002.

DATES: This regulation is effective

January 9, 2001. Objections and requests

for hearings, identified by docket

control number OPP–301097, must be

received by EPA on or before March 12,

2001.

ADDRESSES: Written objections and

hearing requests may be submitted by

mail, in person, or by courier. Please

follow the detailed instructions for each

method as provided in Unit VII. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–301097 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Andrew Ertman, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number:(703)308-9367; and e-mail

address: ertman.andrew@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by

this action if you are an agricultural

producer, food manufacturer, or

pesticide manufacturer. Potentially

affected categories and entities may

include, but are not limited to:

Categories NAICS Examples of Potentially Affected Entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Additional

Information, Including Copies of This

Document and Other Related

Documents?

1. Electronically. You may obtain

electronic copies of this document, and

certain other related documents that

might be available electronically, from

the EPA Internet Home Page at http://

www.epa.gov/. To access this

document, on the Home Page select

‘‘Laws and Regulations,’’ ‘‘Regulations

and Proposed Rules,’’ and then look up

the entry for this document under the

‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the Federal Register listings at http://

www.epa.gov/fedrgstr/. To access the

OPPTS Harmonized Guidelines

referenced in this document, go directly

to the guidelines at http://www.epa.gov/

opptsfrs/home/guidelin.htm.

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–301097. The official record

consists of the documents specifically

referenced in this action, and other

information related to this action,

including any information claimed as

Confidential Business Information (CBI).

This official record includes the

documents that are physically located in

the docket, as well as the documents

that are referenced in those documents.

The public version of the official record

does not include any information

claimed as CBI. The public version of

the official record, which includes

printed, paper versions of any electronic

comments submitted during an

applicable comment period is available

for inspection in the Public Information

and Records Integrity Branch (PIRIB),

Rm. 119, Mall #2, 1921 Jefferson Davis

Hwy., Arlington, VA, from 8:30 a.m. to

4 p.m., Monday through Friday,

excluding legal holidays. The PIRIB

telephone number is (703) 305–5805.

II. Background and Statutory Findings

EPA, on its own initiative, in

accordance with sections 408(e) and

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

Cosmetic Act (FFDCA), 21 U.S.C. 346a,

is establishing tolerances for residues of

the insecticide spinosad, in or on the

following commodities: alfalfa, forage at

4.0 parts per million (ppm); alfalfa, hay

at 4.0 ppm; beet, sugar at 0.020 ppm;

beet, sugar, tops at 10.0 ppm; beet,

sugar, molasses at 0.250 ppm; grass,

forage at 7.0 ppm; grass, hay at 7.0 ppm;

peanut at 0.020 ppm; and peanut, hay

at 10.0 ppm.

Furthermore, tolerances for livestock

commodities are being modified, on a

time-limited basis, as follows: meat of

cattle, horses, goats, hogs, and sheep

from 0.15 to 0.60 ppm; fat of cattle,

horses, goats, hogs, and sheep from 3.5

to 15.0 ppm; meat byproducts (mbyp) of

cattle, horses, goats, hogs, and sheep

from 1.0 ppm to 3.50 ppm; milk, whole

from 0.5 to 2.0 ppm; milk, fat from 5.0

ppm to 20.0 ppm; eggs from 0.02 to

0.030 ppm; and poultry, fat from 0.2

ppm to 0.30 ppm. These tolerances will

expire and are revoked on December 31,

2002. EPA will publish a document in

the Federal Register to remove the

revoked tolerances from the Code of

Federal Regulations.

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

result from the use of a pesticide under

an emergency exemption granted by

EPA under section 18 of Federal

Insecticide, Fungicide, and Rodenticide

Act FIFRA. Such tolerances can be

established without providing notice or

period for public comment. EPA does

not intend for its actions on section 18

related tolerances to set binding

precedents for the application of section

408 and the new safety standard to other

tolerances and exemptions. Section

408(e) of the FFDCA allows EPA to

establish a tolerance or an exemption

from the requirement of a tolerance on

its own initiative, i.e., without having