Federal Register / Vol. 66, No. 100 / Wednesday, May 23, 2001 / Rules and Regulations 28379

rule will be effective on July 23, 2001

and no further action will be taken on

the proposed rule.

V. Administrative Requirements

A. General 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

111(d) plan 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 111(d) plan submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a 111(d) plan

submission, to use VCS in place of a

111(d) plan 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 burden under the

provisions of the Paperwork Reduction

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

B. 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. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This rule is not a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

C. Petitions for Judicial Review

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

approving West Virginia’s 111(d) plan

for Municipal Solid Waste landfills 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 62

Environmental protection, Air

pollution control, Hydrocarbons,

Reporting and recordkeeping

requirements.

Dated: May 1, 2000.

William C. Early,

Acting Regional Administrator, Region III.

40 CFR Part 62, Subpart XX, is

amended as follows:

PART 62—[AMENDED]

1. The authority citation for Part 62

continues to read as follows:

Authority: 42 U.S.C. 7401–7642.

Subpart XX—West Virginia

2. A new center heading, and

§§ 62.12125, 62.12126, and 62.12127 are

added to read as follows:

Landfill Gas Emissions From Existing

Municipal Solid Waste Landfills

(Section 111(d)) Plan)

§ 62.12125 Identification of plan.

West Virginia 111(d) plan for

municipal solid waste landfills,

including delegation of Federal plan (64

FR 60689) compliance schedule and

reporting requirements, as submitted to

the Environmental Protection Agency

on May 29, 1998, and as amended on

May 15, 2000, and December 20, 2000.

§ 62.12126 Identification of sources.

The plan applies to all existing West

Virginia municipal solid waste landfills

for which construction, reconstruction,

or modification was commenced before

May 30, 1991 and that accepted waste

at any time since November 8, 1987, or

that have additional capacity available

for future waste deposition, as described

in 40 CFR part 60, subpart Cc.

§ 62.12127 Effective date.

The effective date of the plan for

municipal solid waste landfills is July

23, 2001.

[FR Doc. 01–12888 Filed 5–22–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 82

[FRL–6982–1]

Protection of Stratospheric Ozone:

Notice 15 for Significant New

Alternatives Policy Program

AGENCY: Environmental Protection

Agency.

ACTION: Notice of acceptability.

SUMMARY: This document expands the

list of acceptable substitutes for ozonedepleting substances (ODS) under the

28380 Federal Register / Vol. 66, No. 100 / Wednesday, May 23, 2001 / Rules and Regulations

U.S. Environmental Protection Agency’s

(EPA) Significant New Alternatives

Policy (SNAP) program. The substitutes

are for use in the refrigeration and air

conditioning sector.

EFFECTIVE DATE: May 23, 2001.

ADDRESSES: Information relevant to this

document is contained in Air Docket A–

91–42, Room M–1500, Waterside Mall,

U.S. Environmental Protection Agency,

401 M Street, SW., Washington, DC

20460, telephone: (202) 260–7548. You

may inspect the docket between 8 a.m.

and 5:30 p.m. weekdays. As provided in

40 CFR part 2, a reasonable fee may be

charged for photocopying. Submissions

to EPA for the use of the substitutes

listed in this document may be found

under category VI–D of EPA docket A–

91–42. Other materials supporting the

decisions herein may be found under

category IX–B of EPA docket A–91–42.

FOR FURTHER INFORMATION CONTACT:

Dave Godwin by telephone at (202) 564–

3517, by fax at (202) 565–2155, by email at Godwin.Dave@epa.gov, or by

mail at U.S. Environmental Protection

Agency, 1200 Pennsylvania Avenue,

NW., Mail Code 6205J, Washington, DC

20460. Overnight or courier deliveries

should be sent to 501 3rd Street, NW.,

Washington, DC 20001.

Further information can be found by

calling the Stratospheric Protection

Hotline at (800) 296–1996, Monday

through Friday, between the hours of 10

a.m. and 4 p.m. (Eastern Standard

Time). For more information on the

Agency’s process for administering the

SNAP program or criteria for evaluation

of substitutes, refer to the original SNAP

rulemaking published in the Federal

Register on March 18, 1994 (59 FR

13044). Notices and rulemakings under

the SNAP program, as well as other EPA

publications on protection of

stratospheric ozone, are available from

EPA’s Ozone Depletion World Wide

Web site at http://www.epa.gov/ozone/

including the SNAP portion at http://

www.epa.gov/ozone/title6/snap/.

SUPPLEMENTARY INFORMATION:

I. Listing of Acceptable Substitutes

Refrigeration and Air Conditioning

II. Section 612 Program

A. Statutory Requirements

B. Regulatory History

Appendix A—Summary of Acceptable

Decisions

I. Listing of Acceptable Substitutes

This section presents EPA’s most

recent acceptable listing decisions for

substitutes in the refrigeration and air

conditioning sector. For copies of the

full list of SNAP decisions in all

industrial sectors, contact the EPA

Stratospheric Protection Hotline at (800)

296–1996.

The sections below discuss the

substitute listing in detail. Appendix A

contains a table summarizing today’s

listing decisions. The comments

contained in the table provide

additional information, but are not

legally binding under section 612 of the

Clean Air Act. In addition, these

comments are not a comprehensive list

of other legal obligations you may need

to meet when using the substitute.

Although you are not required to follow

recommendations in the comments

section of the table to use a substitute,

EPA strongly encourages you to apply

the comments when using these

substitutes. In many instances, the

comments simply refer to standard

operating practices in existing industry

and/or building-code standards. Thus,

many of these comments, if adopted,

would not require significant changes to

existing operating practices.

Refrigeration and Air Conditioning

1. HFC–134a/HBr (92/8)

The chemical blend of 92% by weight

HFC–134a (1,1,1,2-tetrafluoroethane)

and 8% by weight HBr (hydrogen

bromide) is acceptable for use as the

primary heat transfer fluid in new

secondary-loop equipment for not-inkind replacements of systems using:

• CFC–12 and R–502 in retail food

refrigeration; and

• CFC–12 and R–502 in cold storage

warehouses

HFC–134a/HBr (92/8) is also

acceptable as a substitute in new

equipment for:

• CFC–11, CFC–12, CFC–114, CFC–

115, and R–502 in industrial process

refrigeration; and

• CFC–12 and R–502 in refrigerated

transport

The submitter of this blend claims

that the blend is protected under U.S.

Patent Number 5,989,448. This

submission may be found under EPA

Air Docket A–91–42, item VI–D–275.

Environmental information: The

ozone depletion potential (ODP) of HBr

is estimated to be less than 0.02, while

its atmospheric lifetime is estimated at

2 to 7 days (ICF Risk Screen, EPA Air

Docket A–91–42, item IX–B–68).

Due to its short atmospheric lifetime,

the global warming potential (GWP) of

HBr is very low, while the GWP of

HFC–134a is 1600 (100-year integrated

time horizon referenced to carbon

dioxide) [WMO, Scientific Assessment

of Ozone Depletion: 1998]. The

contribution of this blend to global

warming will be minimized in each

end-use through the implementation of

the venting prohibition under section

608(c)(2) of the Clean Air Act (see 40

CFR part 82, subpart F). This section

and EPA’s implementing regulations

prohibit venting or release of substitutes

for class I and class II ozone depleting

substances used in refrigeration and airconditioning and require proper

handling and disposal of these

substances, such as recycling or

recovery.

HFC–134a has been exempted from

the list of volatile organic compounds

(VOCs) under Clean Air Act regulations

(40 CFR 51.000) for purposes of the

State implementation plan (SIP)

provisions of the Clean Air Act; HBr has

not. Emissions of HBr should be

controlled in accordance with VOC

restrictions in approved SIPs.

Flammability information: Neither

component of this blend is flammable.

Toxicity and exposure data: HBr has

an OSHA-established eight-hour

Permissible Exposure Limit (PEL) of

only 3 ppm. The American Council of

Governmental Industrial Hygienists

(ACGIH) has recommended a Threshold

Limit Value (TLV) of 3 ppm as well.

EPA has previously listed HFC–134a,

with a Workplace Environmental

Exposure Level (WEELs) from the

American Industrial Hygiene

Association (AIHA) of 1000 ppm, as an

acceptable substitute in a variety of

applications. EPA expects users of this

blend to follow all recommendations

specified in the Material Safety Data

Sheets (MSDSs) for HBr, HFC–134a and

the blend. The Agency also expects that

users will adhere to any acceptable

exposure limits set by any voluntary

consensus standards organization,

including the TLVs from the ACGIH and

WEELs from the AIHA as stated above.

Because of the health risks, EPA has

at this time only evaluated this blend in

limited applications. Within the retail

food refrigeration and cold storage

warehouse end uses, EPA is finding the

use of HFC–134a/HBr (92/8) acceptable

only for secondary-loop systems;

accidental releases of the chemical in

these applications are expected to

generate negligible potential exposure to

the public and workers. Within the

refrigerated transport end use, direct

exposure to high quantities of the

refrigerant is not likely because of the

small charge size and the typical

placement of the unit away from direct

human contact. Within the industrial

process refrigeration end use, such as at

chemical or other industrial plants,

proper exposure controls and

ventilation are generally available as

well as established protocols for

handling potentially hazardous

materials, and therefore overall

occupational risk is mitigated.

Federal Register / Vol. 66, No. 100 / Wednesday, May 23, 2001 / Rules and Regulations 28381

Additional precautions could include

installation of warning signs, worker

education and technician training. Such

practices will further reduce the

likelihood of exposure, and are therefore

recommended for all approved end

uses.

2. Through 13. PFC–330ST, PFC–

550HC, PFC–660HC, PFC–1100HC,

PFC–1100LT, PGC–100, PGC–150, PFC–

331ST, PFC–551HC, PFC–661HC, PFC–

1101HC and PGC–151

The chemical blends submitted to

EPA with the unregistered trade names

listed above are acceptable for use in

new and retrofit equipment as

substitutes for:

• CFC–13, CFC–113, CFC–114 and

blends thereof in very low temperature

refrigeration.

IGC Polycold Systems Inc., the

submitter of the above-listed blends,

claims that the compositions of these

blends, tailored for use in its equipment,

are confidential business information. A

redacted version of this submission may

be found under EPA Air Docket A–91–

42, item VI–D–267.

Environmental information: Each of

these blends contain one or more

hydrochlorofluorocarbon (HCFC)

component(s), and thus the blends do

not have a zero ozone depletion

potential (ODP).

The global warming potentials

(GWPs) of some of the blend

components are very high; however, the

GWPs of the blends as formulated are

less than the GWPs of the refrigerants

they are replacing and less than most

other alternatives approved for use

within the very low temperature

refrigeration end use. EPA strongly

encourages the continued search for

lower-GWP alternatives for use in this

end use and prompt identification and

repair of any leaks that may occur. The

contribution of these blends to global

warming will be minimized through the

implementation of the venting

prohibition under section 608(c)(2) of

the Clean Air Act (see 40 CFR part 82,

subpart F). This section and EPA’s

implementing regulations prohibit

venting or release of substitutes for class

I and class II ozone depleting substances

used in refrigeration and airconditioning and require proper

handling and disposal of these

substances, such as recycling or

recovery.

Some components of these blends

have not been exempted from listing as

VOCs under Clean Air Act regulations

for purposes of the SIP program.

Emissions should be controlled in

accordance with requirements in

approved SIPs.

Flammability information: The

submitter states that tests conducted by

Hauser Engineering Services determined

that all of the blends, except PGC–100,

PGC–150 and PGC–151, are flammable

in accordance with ASTM E–681–85.

However, a flammability analysis and

risk assessment provided by the

submitter found little to no associated

risk, due in part to the small charge size

used and the low probability of a leak

occurring in the semi-hermeticallysealed equipment. To further reduce

flammability risks, EPA recommends

that adequate personnel training and

room ventilation be provided.

Toxicity and exposure data: All

components in these blends have eighthour time-weighted average

occupational exposure limits, such as

Threshold Limit Values (TLVs) from the

American Council of Governmental

Industrial Hygienists (ACGIH) and

Workplace Environmental Exposure

Levels (WEELs) from the American

Industrial Hygiene Association (AIHA),

on the order of 1,000 ppm, with one

exception. Although one component

does have a WEEL significantly less

than 1,000 ppm, the EPA risk screen

and occupational exposure scenarios

indicate that likely exposure to this

chemical or any of the other

components of these blends will remain

below the recommended limits within

the proposed end use, including

manufacture and disposal scenarios.

Further, the company’s Material Safety

Data Sheets (MSDSs) for all 12 blends

recommend an acceptable exposure

limit (AEL) of 30 ppm. These exposure

limits for the blends are lower than the

WEELs for the components; therefore,

EPA believes that the company’s

recommended AELs are protective of

human health. EPA expects users to

follow all recommendations specified in

the MSDSs for the blends and other

safety precautions common in the

refrigeration and air conditioning

industry.

14. SP34E

On December 18, 2000, EPA listed

SP34E as acceptable for use as a

substitute for CFC–12 for retrofit and

new motor vehicle air conditioning (65

FR 78979). Based on a final rule

promulgated by EPA on October 16,

1996 (61 FR 54029), all substitutes listed

as acceptable for use in motor vehicle

air conditioning must be used with

unique fittings for service ports and

refrigerant containers. In the original

SP34E listing, low-side and high-side

service port fittings, as well as fittings

for large refrigerant containers (>20

pounds) were identified, but fittings for

small cans were not. Since then, the

following fittings have been developed

for small cans, and use of these fittings

is required to use SP34E in motor

vehicle air conditioning systems:

Fitting type Diameter

(inches)

Thread pitch

(threads/inch)

Thread

direction

Small cans ......................................................................................................................................... 0.3125 (5/16) 24 Left.

II. Section 612 Program

A. Statutory Requirements

Section 612 of the Clean Air Act

authorizes EPA to develop a program for

evaluating alternatives to ozonedepleting substances. EPA refers to this

program as the Significant New

Alternatives Policy (SNAP) program.

The major provisions of section 612 are:

• Rulemaking—Section 612(c)

requires EPA to promulgate rules

making it unlawful to replace any class

I (chlorofluorocarbon, halon, carbon

tetrachloride, methyl chloroform,

methyl bromide, and

hydrobromofluorocarbon) or class II

(hydrochlorofluorocarbon) substance

with any substitute that the

Administrator determines may present

adverse effects to human health or the

environment where the Administrator

has identified an alternative that (1)

reduces the overall risk to human health

and the environment, and (2) is

currently or potentially available.

• Listing of Unacceptable/Acceptable

Substitutes—Section 612(c) also

requires EPA to publish a list of the

substitutes unacceptable for specific

uses. EPA must publish a corresponding

list of acceptable alternatives for

specific uses.

• Petition Process—Section 612(d)

grants the right to any person to petition

EPA to add a substance to or delete a

substance from the lists published in

accordance with section 612(c). The

Agency has 90 days to grant or deny a

petition. Where the Agency grants the

petition, it must publish the revised lists

within an additional six months.

28382 Federal Register / Vol. 66, No. 100 / Wednesday, May 23, 2001 / Rules and Regulations

• 90-day Notification—Section 612(e)

directs EPA to require any person who

produces a chemical substitute for a

class I substance to notify the Agency

not less than 90 days before new or

existing chemicals are introduced into

interstate commerce for significant new

uses as substitutes for a class I

substance. The producer must also

provide the Agency with the producer’s

unpublished health and safety studies

on such substitutes.

• Outreach—Section 612(b)(1) states

that the Administrator shall seek to

maximize the use of federal research

facilities and resources to assist users of

class I and II substances in identifying

and developing alternatives to the use of

such substances in key commercial

applications.

• Clearinghouse—Section 612(b)(4)

requires the Agency to set up a public

clearinghouse of alternative chemicals,

product substitutes, and alternative

manufacturing processes that are

available for products and

manufacturing processes which use

class I and II substances.

B. Regulatory History

On March 18, 1994, EPA published

the final rulemaking (59 FR 13044)

which described the process for

administering the SNAP program. In the

same document, EPA issued its first

acceptability lists for substitutes in the

major industrial use sectors. These

sectors include:

• Refrigeration and air conditioning;

• Foam blowing;

• Solvents cleaning;

• Fire suppression and explosion

protection;

• Sterilants;

• Aerosols;

• Adhesives, coatings and inks; and

• Tobacco expansion.

These sectors compose the principal

industrial sectors that historically

consumed the largest volumes of ozonedepleting compounds.

As described in this original rule for

the SNAP program, EPA does not

believe that rulemaking procedures are

required to list alternatives as

acceptable with no limitations. Such

listings do not impose any sanction, nor

do they remove any prior license to use

a substance. Therefore, by this action

EPA is adding substances to the list of

acceptable alternatives without first

requesting comment on new listings.

EPA does, however, believe that

notice-and-comment rulemaking is

required to place any substance on the

list of prohibited substitutes, to list a

substance as acceptable only under

certain conditions, to list substances as

acceptable only for certain uses, or to

remove a substance from the lists of

prohibited or acceptable substitutes.

Updates to these lists are published as

separate notices of rulemaking in the

Federal Register.

The Agency defines a ‘‘substitute’’ as

any chemical, product substitute, or

alternative manufacturing process,

whether existing or new, intended for

use as a replacement for a class I or class

II substance. Anyone who produces a

substitute must provide the Agency

with health and safety studies on the

substitute at least 90 days before

introducing it into interstate commerce

for significant new use as an alternative.

This requirement applies to substitute

manufacturers, but may include

importers, formulators, or end-users,

when they are responsible for

introducing a substitute into commerce.

You can find a complete chronology

of SNAP decisions and the appropriate

Federal Register citations from the

SNAP section of EPA’s Ozone Depletion

World Wide Web site at www.epa.gov/

ozone/title6/snap/chron.html. This

information is also available from the

Air Docket (see ADDRESSES section

above for contact information).

List of Subjects in 40 CFR Part 82

Environmental protection,

Administrative practice and procedure,

Air pollution control, Reporting and

recordkeeping requirements.

Dated: May 7, 2001.

Avis C. Robinson,

Acting Director, Office of Atmospheric

Programs, Office of Air and Radiation.

Appendix A.—Summary of Acceptable

Decisions

REFRIGERATION AND AIR CONDITIONING

End-Use Substitute Recommendation Comments

Retail food refrigeration, for use as

the primary heat transfer fluid in

new secondary-loop equipment

for not-in-kind replacements of

systems.

HFC–134a/HBr (92/8) as a substitute for CFC–12 and R–502.Acceptable .................................... Users are expected to adhere to

the 3 ppm Permissible Exposure Limit and Threshold Limit

Value set by OSHA and

ACGIH, respectively. Users are

expected to follow all recommendations specified in Material Safety Data Sheets for

HBr, HFC–134a and the blend.

Additional warning signs, worker education and technician

training is recommended to

minimize exposures.

Cold storage warehouses, for use

as the primary heat transfer fluid

in new secondary-loop equipment for not-in-kind replacements of systems.

HFC–134a/HBr (92/8) as a substitute for CFC–12 and R–502.Acceptable .................................... Users are expected to adhere to

the 3 ppm Permissible Exposure Limit and Threshold Limit

Value set by OSHA and

ACGIH, respectively. Users are

expected to follow all recommendations specified in Material Safety Data Sheets for

HBr, HFC–134a and the blend.

Additional warning signs, worker education and technician

training is recommended to

minimize exposures.

Federal Register / Vol. 66, No. 100 / Wednesday, May 23, 2001 / Rules and Regulations 28383

REFRIGERATION AND AIR CONDITIONING—Continued

End-Use Substitute Recommendation Comments

Industrial process refrigeration

(new).

HFC–134a/HBr (92/8) as a substitute for CFC–11, CFC–12,

CFC–114, CFC–115 and R–

502.

Acceptable .................................... Users are expected to adhere to

the 3 ppm Permissible Exposure Limit and Threshold Limit

Value set by OSHA and

ACGIH, respectively. Users are

expected to follow all recommendations specified in Material Safety Data Sheets for

HBr, HFC–134a and the blend.

Additional warning signs, worker education and technician

training is recommended to

minimize exposures.

Refrigerated transport (new) .......... HFC–134a/HBr (92/8) as a substitute for CFC–12 and R–502.Acceptable .................................... Users are expected to adhere to

the 3 ppm Permissible Exposure Limit and Threshold Limit

Value set by OSHA and

ACGIH, respectively. Users are

expected to follow all recommendations specified in Material Safety Data Sheets for

HBr, HFC–134a and the blend.

Additional warning signs, worker education and technician

training is recommended to

minimize exposures.

Very low temperature refrigeration

(retrofit and new).

PFC–330ST, PFC–550HC, PFC–

660HC, PFC–1100HC, PFC–

1100LT, PGC–100, PGC–150,

PFC–331ST, PFC–551HC,

PFC–661HC, PFC–1101HC

and PGC–151 assubstitutes for

CFC–13, CFC–113, CFC–114

and blends thereof.

Acceptable.

[FR Doc. 01–12893 Filed 5–22–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301124; FRL–6781–7]

RIN 2070–AB78

Aspergillus flavus AF36; Extension of

Temporary Exemption From the

Requirement of a Tolerance

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation extends a

temporary exemption from the

requirement of a tolerance for residues

of the biological Aspergillus flavus

AF36, (A. flavus) a non-aflatoxin

producing strain of A. flavus, on cotton

when applied or used as aerial prebloom applications to cotton in

specified counties of Arizona. The

Interregional Research Project Number 4

(IR-4), New Jersey Agricultural

Experiment Station, Technology Center

of New Jersey, Rutgers University, 681

U.S. Highway #1 South, North

Brunswick, NJ 08902–3390, submitted

an amended petition to EPA under the

Federal Food, Drug, and Cosmetic Act,

as amended by the Food Quality

Protection Act of 1996 requesting the

temporary exemption. This regulation

eliminates the need to establish a

maximum permissible level for residues

of Aspergillus flavus AF36. The

temporary tolerance exemption will

expire on December 30, 2003.

DATES: This regulation is effective May

23, 2001. Objections and requests for

hearings, identified by docket control

number OPP–301124, must be received

by EPA on or before July 23, 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–301124 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Shanaz Bacchus, c/o Product

Manager (PM) 90, Biopesticides and

Pollution Prevention Division (7511C),

Environmental Protection Agency, 1200

Pennsylvania Ave., NW., Washington,

DC 20460; telephone number: 703-308-

8097; and e-mail address:

bacchus.shanaz@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be 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