Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Rules and Regulations 34559

TABLE 2.—TO SUBPART HHH—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART HHH—

Continued

General provisions reference Applicable to subpart HHH Explanation

§ 63.7(a)(1) ....... Yes ...........................................................

§ 63.7(a)(2) ....... Yes ........................................................... But the performance test results must be submitted within 180 days after the compliance date.

§ 63.7(a)(3) ....... Yes ...........................................................

§ 63.7(b) ............ Yes ...........................................................

§ 63.7(c) ............ Yes ...........................................................

§ 63.7(d) ............ Yes ...........................................................

** ** ***

§ 63.9(b)(2) ....... Yes ........................................................... Existing sources are given 1 year (rather than 120 days) to submit this notification.

  ** *

§ 63.10(b)(1) ..... Yes ........................................................... Section 63.1284(b)(1) requires sources to maintain the most recent 12 months of

data on site and allows offsite storage for the remaining 4 years of data.

[FR Doc. 01–16438 Filed 6–28–01; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 112

[FRL–7003–1]

RIN 2050–AE64

Oil Pollution Prevention and

Response; Non-Transportation-Related

Facilities

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule; technical correction.

SUMMARY: EPA issued a final rule in the

Federal Register of June 30, 2000,

revising requirements for facilities

preparing Facility Response Plans. This

document is being issued to correct

typographical errors, remove

inconsistent rule language, and change

incorrect references in the rule.

EFFECTIVE DATE: June 29, 2001.

FOR FURTHER INFORMATION CONTACT:

Barbara Davis, Oil Program Center, U.S.

Environmental Protection Agency, at

703–603–8823

(davis.barbara@epamail.epa.gov); or the

RCRA/Superfund Hotline at 800–424–

9346 (in the Washington, DC

metropolitan area, 703–412–9810). The

Telecommunications Device for the Deaf

(TDD) Hotline number is 800–553–7672

(in the Washington, DC metropolitan

area, 703–412–3323).

SUPPLEMENTARY INFORMATION:

I. Does This Action Apply to Me?

Non-transportation related facilities

handling, storing, or transporting oil

that are considered ‘‘significant and

substantial harm,’’ as well as certain

other facilities designated by the

Regional Administrator, must submit

Facility Response Plans (FRPs) to the

Agency. The Agency included in the

final rule a more detailed description of

which facilities are potentially affected

by this action. If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed under FOR FURTHER INFORMATION

CONTACT.

II. 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’’ 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/.

2. In person. The Agency has

established an official record for this

action under docket control number

SPCC–9P. The official record consists of

the documents specifically referenced in

this action, any public comments

received during an applicable comment

period, 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

Superfund Docket, Suite 105, 1235

Jefferson Davis Highway, Crystal

Gateway I, Arlington, VA 22202. You

may inspect the docket between 9 a.m.

and 4 p.m., Monday through Friday,

excluding Federal holidays; and you

may make an appointment to review the

docket by calling 703–603–9232. You

may copy a maximum of 266 pages from

any regulatory docket at no cost. If the

number of pages copied exceeds 266,

however, you will be charged an

administrative fee of $25 and a charge

of $0.15 per page for each page after

266. The docket will mail materials to

you if you are outside of the

Washington, DC metropolitan area.

III. What Does This Technical

Correction Do?

A final rule revising the facility

response plan requirements for nontransportation related facilities

handling, storing, or transporting animal

fats or vegetable oils was published in

the Federal Register of June 30, 2000

(65 FR 40776). This correction is being

published to:

Correct minor typographical errors in

§§ 112.20 and 112.21, and appendix E;

Correct the inadvertent reference to

‘‘petroleum oils’’ in section 8.2.1 of

appendix E (this section is about animal

fats and vegetable oils rather than

petroleum oils, as shown in the title in

section 8.0);

Remove inconsistent language and

combine sections 9.2 and 9.2.1 of

appendix E, which describe USCG

planning levels corresponding to EPA’s

medium discharge;

34560 Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Rules and Regulations

Clarify that the first line of the table

in section 10.5.2 of appendix E contains

the factor by which you multiply the

planning volume on water (a

multiplication sign was inadvertently

omitted);

Correct the inadvertent omission of

the operating area ‘‘Great Lakes’’ in the

column heading with Nearshore and

Inland on Table 2 to appendix E;

Correct the USCG fax number in

section 1.8.3 of appendix F.

IV. Why Is This Technical Correction

Issued as a Final Rule?

EPA is publishing this action as a

final rule without prior notice and

opportunity to comment because the

Agency believes that providing notice

and an opportunity to comment is

unnecessary and would be contrary to

the public interest. As explained above,

the correction contained in this action

will simply correct § 112.20 and its

appendices by correcting typographical

errors, removing inconsistent rule

language, and changing incorrect

references in the rule. EPA therefore

finds that there is ‘‘good cause’’ under

section 553(b)(3)(B) of the

Administrative Procedure Act (APA) (5

U.S.C. 553) to make this amendment

without prior notice and comment.

V. Do Any of the Regulatory

Assessment Requirements Apply to

This Action?

No. This final rule implements

technical corrections to the Code of

Federal Regulations (CFR), and does not

impose any new requirements.

Under Executive Order 12866,

entitled Regulatory Planning and

Review (58 FR 51735, October 4, 1993),

the Office of Management and Budget

(OMB) has determined that a technical

correction is not a ‘‘significant

regulatory action’’ subject to review by

OMB.

Because this action is not

economically significant as defined by

section 3(f) of Executive Order 12866,

this action is not subject to Executive

Order 13045, entitled Protection of

Children from Environmental Health

Risks and Safety Risks (62 FR 19885,

April 23, 1997).

This action will not result in

environmental justice related issues and

does not, therefore, require special

consideration under Executive Order

12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994).

Since the Agency has made a ‘‘good

cause’’ finding that this action is not

subject to notice-and-comment

requirements under the APA or any

other statute (see Unit IV.), this action

is not subject to the regulatory flexibility

provisions of the Regulatory Flexibility

Act (RFA) (5 U.S.C. 601 et seq.), or to

sections 202 and 205 of the Unfunded

Mandates Reform Act of 1995 (UMRA)

(Public Law 104–4). In addition, this

action does not significantly or uniquely

affect small governments or impose a

significant intergovernmental mandate,

as described in sections 203 and 204 of

UMRA.

Executive Order 13175, entitled

‘‘Consultation and Coordination with

Indian Tribal Governments’’ (65 FR

67249, November 6, 2000), requires EPA

to develop an accountable process to

ensure ‘‘meaningful and timely input by

tribal officials in the development of

regulatory policies that have tribal

implications.’’ ‘‘Policies that have tribal

implications’’ is defined in the

Executive Order to include regulations

that have ‘‘substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and the Indian tribes, or on

the distribution of power and

responsibilities between the Federal

government and Indian tribes.’’

This final rule does not have tribal

implications. It will not have substantial

direct effects on tribal governments, 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 in Executive Order 13175.

This is so because this final rule only

corrects mistakes in a rule which EPA

issued in June 2000. It imposes no new

regulatory requirements; nor does the

rule announce new policies. Thus,

Executive Order 13175 does not apply

to this rule.

This rule 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, entitled

Federalism (64 FR 43255, August 10,

1999).

This action does not involve any

technical standards that require the

Agency’s consideration of voluntary

consensus standards pursuant to section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Public Law 104–113, section

12(d) (15 U.S.C. 272 note).

This rule does not contain any

information collection requirements that

require review and approval by OMB

pursuant to the Paperwork Reduction

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

seq.).

EPA’s compliance with these statutes

and Executive Orders for the underlying

rule is discussed in section IV

(Regulatory Analyses) of the final rule

(65 FR 40776, June 30, 2000).

VI. Will EPA Submit This Final Rule to

Congress and the Comptroller General?

Yes. The Congressional Review Act

(CRA) (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. Section 808 allows the

issuing agency to make a rule effective

sooner than otherwise provided by the

CRA if the agency makes a good cause

finding that notice and public procedure

is impracticable, unnecessary or

contrary to the public interest. This

determination must be supported by a

brief statement. 5 U.S.C. 808(2). As

stated previously, EPA has made such a

good cause finding, including the

reasons therefore, and established an

effective date of June 29, 2001. 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 action is not a ‘‘major

rule’’ as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 112

Environmental protection, Oil

pollution, Penalties, Reporting and

recordkeeping requirements.

Dated: June 14, 2001.

Michael H. Shapiro,

Acting Assistant Administrator, Office of

Solid Waste and Emergency Response.

Therefore, 40 CFR part 112 is

amended as follows:

PART 112—OIL POLLUTION

PREVENTION

1. The authority citation for part 112

continues to read as follows:

Authority: 33 U.S.C. 1251 et seq.; 33 U.S.C.

2720; E.O. 12777 (October 18, 1991), 3 CFR,

1991 Comp., p. 351.

§ 112.20 [Amended]

2. Amend the third sentence of

paragraph (a)(4)(iii) of § 112.20 by

revising ‘‘paragraphs (a)(2)(iii) or (iv)’’ to

read ‘‘paragraph (a)(2)(iii) or (iv)’’.

3. Amend appendix E to part 112 by:

Federal Register / Vol. 66, No. 126 / Friday, June 29, 2001 / Rules and Regulations 34561

a. Revising ‘‘Petroleum oils and nonpetroleum oils other than animal fats

and vegetable oils’’ to read ‘‘Petroleum

Oils and Non-Petroleum Oils Other

Than Animal Fats and Vegetable Oils’’

in sections 3.0 and 4.0;

b. Revising ‘‘near shore’’ to read

‘‘nearshore’’ in the last sentence of

section 7.7, the last sentence of section

10.2.3, and the last sentence of section

10.7;

c. Revising ‘‘petroleum’’ to read

‘‘animal fats and vegetable’’ in the last

sentence of section 8.2.1;

d. Removing section 9.2.1 and

revising section 9.2 to read as set forth

below;

e. Revising section 10.5.2 to read as

set forth below;

f. Revising ‘‘Near shore’’ to read

‘‘Nearshore’’ in section 10.5.4; and

g. Revising ‘‘Environments’ ’’ to read

‘‘Environments’’ in section 13.3(2).

The revisions read as follows:

Appendix E to Part 112—Determination

and Evaluation of Required Response

Resources for Facility Response Plans

* * * * *

9.0 Determining Response Resources

Required for Medium Discharges—

Animal Fats and Vegetable Oils

* * * * *

9.2 Complexes that are regulated by

EPA and the USCG must also consider

planning quantities for the

transportation-related transfer portion of

the facility. Owners or operators of

complexes that handle, store, or

transport animal fats or vegetable oils

must plan for oil discharge volumes for

a medium discharge. For non-petroleum

oils, there is no USCG planning level

that directly corresponds to EPA’s

‘‘medium discharge.’’ Although the

USCG does not have planning

requirements for medium discharges,

they do have requirements (at 33 CFR

154.545) to identify equipment to

contain oil resulting from an operational

discharge.

* * * * *

10.0 Calculating Planning Volumes for

a Worst Case Discharge—Animal Fats

and Vegetable Oils.

* * * * *

10.5.2 With a specific worst case

discharge identified, the planning

volume for on-water recovery can be

identified as follows:

Worst case discharge: 21 million gallons

(500,000 barrels) of Group B vegetable

oil

Operating Area: Inland

Planned percent recovered floating

vegetable oil (from Table 6, column

Nearshore/Inland/Great Lakes):

Inland, Group B is 20%

Emulsion factor (from Table 7): 2.0

Planning volumes for on-water recovery:

21,000,000 gallons × 0.2 × 2.0 =

8,400,000 gallons or 200,000 barrels.

Determine required resources for onwater recovery for each of the three

tiers using mobilization factors (from

Table 4, column Inland/Nearshore/

Great Lakes)

Inland Operating Area Tier 1 Tier 2 Tier 3

Mobilization factor by which you multiply planning volume .................................................................... .15 .25 .40

Estimated Daily Recovery Capacity (bbls) .............................................................................................. 30,000 50,000 80,000

* * * * *

4. Amend Tables 2, 6, and 7 to

appendix E to Part 112 by:

a. Revising ‘‘Oil’’ to read ‘‘oil’’ in the

heading of the middle column under

Rivers and canals in Table 2;

b. Revising ‘‘Near shore/Inland’’ to

read ‘‘Nearshore/Inland/Great Lakes’’ in

the heading of the column in Table 2;

c. Revising ‘‘Near shore/Inland Great

Lakes’’ to read ‘‘Nearshore/Inland/Great

Lakes’’ in the heading of the column in

Table 6; and

d. Revising ‘‘section 1.2.1 and 1.2.9’’

to read ‘‘sections 1.2.1 and 1.2.9’’ in the

Note following Table 6 and the Note

following Table 7.

Appendix F to Part 112 [Amended]

5. Amend appendix F to part 112 by

revising ‘‘fax 267–4085/4065’’ to read

‘‘fax (202) 267–4085’’ in section 1.8.3.

[FR Doc. 01–16294 Filed 6–28–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–301143; FRL–6788–5]

RIN 2070–AB78

Bifenazate; Pesticide Tolerances for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a

time-limited tolerance for combined

residues of bifenazate in or on tomato.

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

tomato. This regulation establishes a

maximum permissible level for residues

of bifenazate in this food commodity.

The tolerance will expire and is revoked

on June 30, 2003.

DATES: This regulation is effective June

29, 2001. Objections and requests for

hearings, identified by docket control

number OPP–301143, must be received

by EPA on or before August 28, 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–301143 in

the subject line on the first page of your

response.

FOR FURTHER INFORMATION CONTACT: By

mail: Barbara Madden, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460; telephone

number: (703) 305–6463; and e-mail

address: madden.barbara@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: