28666 Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Rules and Regulations

2.4 Pallet Preparation and Labeling

Mailers must prepare pallets of

packages in the manner and sequence

listed below and under M041. Mailers

must prepare all merged 5-digit scheme,

5-digit scheme carrier routes, 5-digit

scheme, and merged 5-digit pallets that

are possible in the mailing based on the

volume of mail to the destination using

L001, the City State Product, and the

5% threshold. Mailers must label pallets

according to the Line 1 and Line 2

information listed below and under

M031.

* * * * *

An appropriate amendment to 39 CFR

Part 111 to reflect these changes will be

published.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 01–13174 Filed 5–23–01; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 224–0279a; FRL–6982–6]

Revisions to the California and Arizona

State Implementation Plans, Antelope

Valley Air Pollution Control District

and Maricopa County Environmental

Services Department

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve revisions to the

Antelope Valley Air Pollution Control

District (AVAPCD) and Maricopa

County Environmental Services

Department (MCESD) portions of the

respective California and Arizona State

Implementation Plans (SIPs). These

revisions concern volatile organic

compound (VOC) emissions from

solvent cleaning operations and

automotive windshield washer fluid

use. We are approving local rules that

regulate these emission sources under

the Clean Air Act as amended in 1990

(CAA or the Act).

DATES: This rule is effective on July 23,

2001 without further notice, unless EPA

receives adverse comments by June 25,

2001. If we receive such comment, we

will publish a timely withdrawal in the

Federal Register to notify the public

that this rule will not take effect.

ADDRESSES: Mail comments to Andy

Steckel, Rulemaking Office Chief (AIR–

4), U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105–3901.

You can inspect copies of the

submitted SIP revisions and EPA’s

technical support documents (TSDs) at

our Region IX office during normal

business hours. You may also see copies

of the submitted SIP revisions at the

following locations:

Environmental Protection Agency, Air

Docket (6102), Ariel Rios Building, 1200

Pennsylvania Avenue, N.W., Washington

D.C. 20460.

California Air Resources Board, Stationary

Source Division, Rule Evaluation Section,

1001 ‘‘I’’ Street, Sacramento, CA 95814.

Arizona Department of Environmental

Quality, 3033 North Central Avenue,

Phoenix, AZ 85012.

Antelope Valley Air Pollution Control

District, 43301 Division Street, Suite 206,

Lancaster, CA 93539.

Maricopa County Environmental Services

Department, Air Quality Division, 1001

North Central Avenue, Suite 201, Phoenix,

AZ 85004.

FOR FURTHER INFORMATION CONTACT:

Yvonne Fong, Rulemaking Office (AIR–

4), U.S. Environmental Protection

Agency, Region IX, (415) 744–1199.

SUPPLEMENTARY INFORMATION:

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA.

Table of Contents

I. The State’s Submittal

A. What rules did the States submit?

B. Are there other versions of these rules?

C. What is the purpose of the submitted

rules?

II. EPA’s Evaluation and Action.

A. How is EPA evaluating the rules?

B. Do the rules meet the evaluation

criteria?

C. EPA recommendations to further

improve the rules.

D. Public comment and final action.

III. Background Information.

Why were these rules submitted?

IV. Administrative Requirements

I. The State’s Submittal

A. What Rules did the States Submit?

Table 1 lists the rules we are

approving with the dates that they were

adopted by the local air agencies and

submitted by the California Air

Resources Board (CARB) and Arizona

Department of Environmental Quality

(ADEQ).

TABLE 1.—SUBMITTED RULES

Local Agency Rule No. Rule Title Adopted Submitted

AVAPCD ..................... 1171 Solvent Cleaning Operations .............................................................................. 11/17/98 02/16/99

MCESD ....................... 344 Automotive Windshield Washer Fluid ................................................................. 04/07/99 08/04/99

On April 23, 1999 and August 25,

1999, these respective rule submittals

from the CARB and ADEQ were found

to meet the completeness criteria in 40

CFR part 51, appendix V, which must be

met before formal EPA review.

B. Are There Other Versions of These

Rules?

We approved a version of Rule 1171

into the California SIP on July 14, 1995.

The AVAPCD adopted revisions to the

SIP-approved version on November 17,

1998 and CARB submitted them to us

on February 16, 1999. There are no

previous versions of Rule 344 in the

Arizona SIP, although the MCESD

adopted an earlier version of this rule

on April 3, 1996, and ADEQ submitted

it to us on February 26, 1997. While we

can act on only the most recently

submitted version, we have reviewed

materials provided with previous

submittals.

C. What Is the Purpose of the Submitted

Rules?

These rules limit the emissions of

VOCs from solvent cleaning operations

and automotive windshield washer

fluid use. The TSDs have more

information about these rules.

II. EPA’s Evaluation and Action

A. How Is EPA Evaluating the Rules?

Generally, SIP rules must be

enforceable (see section 110(a) of the

Act), must require Reasonably Available

Control Technology (RACT) for major

sources in nonattainment areas (see

section 182(a)(2)(A)), and must not relax

existing requirements (see sections

110(l) and 193). The AVAPCD and

MCESD regulate ozone nonattainment

areas (see 40 CFR part 81). Rule 1171

must fulfill RACT; because Rule 344

does not apply to major sources, it is not

required to impose RACT.

Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Rules and Regulations 28667

Guidance and policy documents that

we used to define specific enforceability

and RACT requirements include the

following:

1. Portions of the proposed post-1987

ozone and carbon monoxide policy that

concern RACT, 52 FR 45044, November

24, 1987.

2. ‘‘Issues Relating to VOC Regulation

Cutpoints, Deficiencies, and Deviations;

Clarification to Appendix D of

November 24, 1987 Federal Register

Notice,’’ (Blue Book), notice of

availability published in the May 25,

1988 Federal Register.

3. ‘‘Guidance Document for Correcting

VOC Rule Deficiencies,’’ (Little Blue

Book), April 1991.

4. National Volatile Organic

Compound Emissions Standards for

Consumer Products, 40 CFR part 59,

subpart C.

5. Article 2, Consumer Products, of

the California Code of Regulations Title

17, section 94507–94517.

B. Do the Rules Meet the Evaluation

Criteria?

We believe these rules are consistent

with the relevant policy and guidance

regarding enforceability, RACT, and SIP

relaxations. The TSDs have more

information on our evaluation.

C. EPA Recommendations To Further

Improve the Rules

The TSDs describe additional rule

revisions that do not affect EPA’s

current action but are recommended for

the next time the local agencies modify

the rules.

D. Public Comment and Final Action

As authorized in section 110(k)(3) of

the Act, EPA is fully approving the

submitted rules because we believe they

fulfill all relevant requirements. We do

not think anyone will object to this

approval, so we are finalizing it without

proposing it in advance. However, in

the Proposed Rules section of this

Federal Register, we are simultaneously

proposing approval of the same

submitted rules. If we receive adverse

comments by June 25, 2001, we will

publish a timely withdrawal in the

Federal Register to notify the public

that the direct final approval will not

take effect and we will address the

comments in a subsequent final action

based on the proposal. If we do not

receive timely adverse comments, the

direct final approval will be effective

without further notice on July 23, 2001.

This will incorporate these rules into

the federally enforceable SIP.

III. Background Information

Why Were These Rules Submitted?

VOCs help produce ground-level

ozone and smog, which harm human

health and the environment. Section

110(a) of the CAA requires states to

submit regulations that control VOC

emissions. Table 2 lists some of the

national milestones leading to the

submittal of these local agency VOC

rules.

TABLE 2.—OZONE NONATTAINMENT MILESTONES

Date Event

March 3, 1978 ................................. EPA promulgated a list of ozone nonattainment areas under the Clean Air Act as amended in 1977. 43 FR

8964; 40 CFR 81.305.

May 26, 1988 .................................. EPA notified Governors that parts of their SIPs were inadequate to attain and maintain the ozone standard

and requested that they correct the deficiencies (EPA’s SIP-Call). See section 110(a)(2)(H) of the preamended Act.

November 15, 1990 ........................ Clean Air Act Amendments of 1990 were enacted. Pub. L. 101–549, 104 Stat. 2399, codified at 42 U.S.C.

7401–7671q.

May 15, 1991 .................................. Section 182(a)(2)(A) requires that ozone nonattainment areas correct deficient RACT rules by this date.

IV. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely approves state law as

meeting federal requirements and

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule approves preexisting requirements under state law

and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Public Law 104–4).

This rule also does not have a

substantial direct effect on one or more

Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000), nor

will it 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 (64 FR 43255,

August 10, 1999), because it merely

approves a state rule implementing a

federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

Clean Air Act. This rule also is not

subject to Executive Order 13045 (62 FR

19885, April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the Clean Air Act. In this context, in the

absence of a prior existing requirement

for the State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Clean Air Act. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. 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. 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

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Takings’’ issued under

the executive order. This rule does not

impose an information collection

28668 Federal Register / Vol. 66, No. 101 / Thursday, May 24, 2001 / Rules and Regulations

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

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. 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).

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by July 23, 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 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Dated: April 27, 2001.

Michael Schulz,

Acting Regional Administrator, Region IX.

Part 52, Chapter I, Title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for Part 52

continues to read as follows:

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

Subpart D—Arizona

2. Section 52.120 is amended by

adding paragraphs (c)(94)(i)(E) to read as

follows:

§ 52.120 Identification of plan.

* * * * *

(c) * * *

(94) * * *

(i) * * *

(E) Rule 344, adopted on April 7,

1999.

* * * * *

Subpart F—California

3. Section 52.220 is amended by

adding paragraphs (c)(262)(i)(E)(2) to

read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(262) * * *

(i) * * *

(E) * * *

(2) Rule 1171, adopted on November

17, 1998.

* * * * *

[FR Doc. 01–13045 Filed 5–23–01; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301124; FRL–6782–1]

RIN 2070–AB78

Extension of Tolerances for

Emergency Exemptions (Multiple

Chemicals)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation extends timelimited tolerances for the pesticides

listed in Unit II. of the SUPPLEMENTARY

INFORMATION. These actions are in

response to EPA’s granting of emergency

exemptions under section 18 of the

Federal Insecticide, Fungicide, and

Rodenticide Act authorizing use of these

pesticides. Section 408(l)(6) of the

Federal Food, Drug, and Cosmetic Act

(FFDCA) requires EPA to establish a

time-limited tolerance or exemption

from the requirement for a tolerance for

pesticide chemical residues in food that

will result from the use of a pesticide

under an emergency exemption granted

by EPA.

DATES: This regulation is effective May

24, 2001. Objections and requests for

hearings, identified by docket control

number OPP–301125, must be received

by EPA on or before June 25, 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 III. of the

SUPPLEMENTARY INFORMATION. To ensure

proper receipt by EPA, your objections

and hearing requests must identify

docket control number OPP–301125 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: See

the listing below for the name of a

specific contact person. The following

mailing address and telephone number

apply to all contact persons: Emergency

Response Team, Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 1200

Pennsylvania Ave., NW., Washington,

DC 20460; telephone number: (703)

308–9366.

Pesticide CFR cite Contact person E-mail

Diuron 40 CFR 180.106 Shaja R. Brothers brothers.shaja@epamail.epa.gov

Terbacil 40 CFR 180.209 Beth Edwards edwards.beth@epa.gov

Hydramethylnon 40 CFR 180.395 Libby Pemberton pemberton.libby@epa.gov

Clopyralid 40 CFR 180.431

Imidacloprid 40 CFR 180.472 Andrew Ertman ertman.andrew@epa.gov

Spinosad 40 CFR 180.495