9778 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Rules and Regulations

of attorneys and law students in grades

GS–15 and below, to appoint special

attorneys and special assistants to the

Attorney General pursuant to 28 U.S.C.

515(b), to appoint Assistant United

States Trustees and fix their

compensation, and to take final action

in matters pertaining to the

appointment, employment, separation,

and general administration of Assistant

United States Attorneys and other

attorneys to assist United States

Attorneys when the public interest so

requires and to fix their salaries.

* * * * *

(e) The officials to whom the Deputy

Attorney General delegates authority

under paragraph (c) of this section and

any of the officials who may be

otherwise authorized by the Deputy

Attorney General to perform any other

attorney personnel duties may

redelegate those authorities and duties.

* * * * *

Dated: February 9, 1995.

Janet Reno,

Attorney General.

[FR Doc. 95–4226 Filed 2–21–95; 8:45 am]

BILLING CODE 4410–01–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[WA24–1–6519a; FRL–5143–7]

Approval and Promulgation of

Implementation Plans; Washington

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: Environmental Protection

Agency (EPA) approves certain

regulations of the Northwest Air

Pollution Authority (NWAPA) for the

control of air pollution in Island, Skagit,

and Whatcom Counties, Washington, as

revisions to the Washington State

Implementation Plan (SIP). These

regulations were submitted by the

Director of the Washington State

Department of Ecology (WDOE) on

January 10, 1994. In accordance with

Washington statutes, NWAPA rules

must be at least as stringent as the

WDOE statewide rules.

DATES: This final rule will be effective

on April 24, 1995 unless adverse or

critical comments are received by March

24, 1995. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should

be addressed to:

Montel Livingston, SIP Manager, Air

Programs Branch (AT–082), EPA,

Docket # WA24–1–6519, 1200 Sixth

Avenue, Seattle, Washington 98101.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center, EPA,

401 M Street, SW, Washington, D.C.

20460. Copies of material submitted

to EPA may be examined during

normal business hours at the

following locations: EPA, Region 10,

Air Programs Branch, 1200 Sixth

Avenue (AT–082), Seattle,

Washington 98101, and Washington

Department of Ecology, PO Box

47600, Olympia, Washington 98504.

FOR FURTHER INFORMATION CONTACT:

Stephanie Cooper, Air Programs Branch

(AT–082), EPA, Region 10, Seattle,

Washington 98101, (206) 553–6917.

SUPPLEMENTARY INFORMATION

I. Background

On January 10, 1994, the Director of

WDOE submitted to EPA Region 10

revised and updated regulations for

NWAPA affecting Island, Skagit, and

Whatcom Counties. NWAPA and WDOE

held joint public hearings on April 14,

1993 and September 8, 1993, to receive

public comment on the revisions to

NWAPA’s rules and the submittal to

EPA as a revision to the Washington

SIP.

These regulations cover such subjects

as the adoption of State laws and rules,

criminal and civil penalties, notice of

construction procedures, registration

classes, volatile organic compounds

(VOC) controls, and others (please see

Description of Plan Revisions, below).

NWAPA requested that the WDOE

submit these additions for incorporation

into the Washington State SIP in an

effort to prepare NWAPA for

implementation of the operating permit

program. EPA granted interim approval

to NWAPA’s operating permit program

effective December 9, 1994. See 59 FR

55813 (November 9, 1994).

II. Description of Plan Revisions

The NWAPA amendments submitted

by WDOE on January 12, 1994 for

inclusion into the Washington SIP are

local air pollution regulations which

WDOE has certified are at least as

stringent as the statewide rules of the

WDOE. This rulemaking action

approves portions of NWAPA’s

regulations related to the control of

criteria pollutants under section 110 of

the Act. EPA is taking no action on

certain other portions of NWAPA’s

regulation. In this rulemaking, EPA is

approving the following sections:

100 Name of Authority

101 Short Title

102 Policy

103 Duties and Powers

104.1 Adoption of State Laws and Rules

105 Separability

106 Public Records

110 Investigation and Studies

111 Interference or Obstruction

112 False and Misleading Oral Statement—

Unlawful Reproduction or Alteration of

Documents

113 Service of Notice

114 Confidential Information

120 Hearings

121 Orders

122 Appeals from Orders or Violations

123 Status of Orders on Appeal

124 Display of Orders, Certificates, and

other Notices—Removal or Mutilation

Prohibited

130 Citations—Notices

131 Violation—Notices

132 Criminal Penalty

133 Civil Penalty

134 Restraining Orders—Injunctions

135 Additional Enforcement—Compliance

Schedules

140 Reporting by Government Agencies

145 Motor Vehicle Owner Responsibility

150 Pollutant Disclosure—Reporting by Air

Contaminant Sources

180 Sampling and Analytical Methods/

References

200 Definitions

300 Notice of Construction when Required

301 Information Required for Notice of

Construction and Application for

Approval, Public Notice, Public Hearing

302 Issuance of Approval or Order

303 Notice of Completion—Notice of

Violation

310 Approval to Operate Required

320 Registration Required

321 General Requirements for Registration

322 Exemptions from Registration

323 Classes of Registration

324 Fees (except for section 324.121)

325 Transfer

340 Report of Breakdown and Upset

341 Schedule Report of Shutdown or

Startup

342 Operation and Maintenance

360 Testing and Sampling

365 Monitoring

366 Instrument Calibration

400 Ambient Air Standards—Forward

401 Suspended Particulate Standards (PM–

10)

410 Sulfur Oxide Standards

420 Carbon Monoxide Standards

421 Nitrogen Oxide Standards

424 Ozone Standard

450 Emission Standards—Forward

451 Emission of Air Contaminant—Visual

Standard

452 Motor Vehicle Visual Standards (except

for section 452.5.)

455 Emission of Particulate Matter

458 Incinerators—Wood Waste Burners

460 Weight/Heat Rate Standard—Emission

of Sulfur Compounds

462 Emission of Sulfur Compounds

466 Portland Cement Plants
Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Rules and Regulations 9779

510 Incinerator Burning

520 Sulfur Compounds in Fuel

550 Preventing Particulate Matter from

Becoming Airborne

560 Storage of Organic Liquid

580 Volatile Organic Compound Control

The following discussion highlights

elements of NWAPA’s rules that EPA is

approving: Section 104.1—Adoption of

State Laws and Rules, allows NWAPA

to position itself as the primary

enforcement agency for the three

counties under its jurisdiction. Sections

132 and 133—Criminal Penalty and

Civil Penalty, respectively, reflect

changes in Washington’s Clean Air Act.

Maximum fines have increased from

$1,000 to $10,000, and civil penalties

have been adjusted based on the

consumer price index. Timely submittal

of information on emissions is the

subject of Section 150, which states that

if industries do not comply in a timely

fashion, fees will be based on potential

rather than actual emissions. Sections

300 through 310 establish a

preconstruction review program which

requires the submittal of a ‘‘Notice of

Construction and Application for

Approval’’ and receipt of an ‘‘Order of

Approval’’ prior to the construction or

modification of most air contaminant

sources. An ‘‘Order of Approval’’ will be

issued after public notice and

opportunity for comment, if applicable,

provided the new or modified source

complies with all applicable State and

Federal requirements. Note, however,

that the NWAPA regulations do not

contain any provisions to implement the

major source permitting requirements of

Title I, Part C, and Part D of the Act.

There are currently no nonattainment

areas in NWAPA’s jurisdiction and the

WDOE implements the Part C

‘‘Prevention of Significant

Deterioration’’ permit program under a

delegation from EPA. Sections 320

through 325 require the registration of

air contaminant sources, and impose an

annual registration fee and other fees to

cover the costs of regulating sources.

‘‘Preventing Particulate Matter from

Becoming Airborne,’’ Section 550, aims

at preventing material from being

deposited in public roadways that may

result in fugitive dust problems. Volatile

organic compounds (VOCs) are

controlled by Section 580, which

establishes BACT for all new VOC

sources. This section covers petroleum

refineries, high vapor pressure volatile

organic compound storage tanks,

gasoline loading terminals, bulk

gasoline plants, gasoline stations,

cutback asphalt paving, petroleum

refinery equipment leaks, high vapor

pressure volatile organic compound

storage in external floating roof tanks,

leaks from gasoline transport tanks and

vapor control systems.

Finally, EPA is taking no action on

the following sections which were

included in the January 10, 1994

submittal but do not relate to the control

of criteria air pollutants under section

110 of the Act.

104.2 Adoption of Federal rules

312 Environmental Policy Guidelines

324.121 Fees (operating permits)

326 Operating Permits

350 Variances

402 Particulate Fallout Standards

426 Hydrocarbons

428 Hazardous Air Pollutants

452.5 Motor vehicle standards for odor

465 Sulfuric Acid Plants

470 Fluorides

600 to 603 Objectives and Planning Criteria

In its January 10, 1994 submission,

NWAPA did not submit its rules

regarding open burning (Section 501—

Outdoor Burning; Section 504—Outdoor

Fires—Grass Seed Fields; Section 511—

Refuse Burning Equipment—Time

Restriction) and for concealment and

masking (Section 540—Emission of Air

Contaminant—Concealment and

Masking) for inclusion in the SIP.

Therefore, the statewide rules for open

burning and concealment and masking

apply within NWAPA’s jurisdiction.

III. Summary of EPA Action

In this action, EPA approves the

following sections of the NWAPA rules

as revisions to the Washington SIP: 100,

101, 102, 103, 104.1, 105, 106, 110, 111,

112, 113, 114, 120, 121, 122, 123, 124,

130, 131, 132, 133, 134, 135, 140, 145,

150, 180, 200, 300, 301, 302, 303, 310,

320, 321, 322, 323, 324, 325, 340, 341,

342, 360, 365, 366, 400, 401, 410, 420,

421, 424, 450, 451, 452 (except for

452.5.), 455, 458, 460, 462, 466, 510,

520, 550, 560, and 580.

IV. Administrative Review

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, Part D of the CAA do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP-approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

Federal-State relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S.E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective April 24, 1995

unless, by March 24, 1995, adverse or

critical comments are received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will be addressed in

a subsequent final rule based on this

action serving as a proposed rule. The

EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received, the public

is advised that this action will be

effective April 24, 1995.

The EPA has reviewed this request for

revision of the Federally-approved SIP

for conformance with the provisions of

the 1990 Clean Air Act Amendments

enacted on November 15, 1990. The

EPA has determined that this action

conforms with those requirements.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic and environmental

factors and in relation to relevant

statutory and regulatory requirements.

This action has been classified as a

Table 3 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. The OMB has exempted

this regulatory action from E.O. 12866

review.

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

Air Act, petitions for judicial review of
9780 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Rules and Regulations

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by April 24, 1995.

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), 42 U.S.C. 7607(b)(2).

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon

monoxide, Hydrocarbons, Incorporation

by reference, Ozone, Volatile organic

compounds.

Note: Incorporation by reference of the

Implementation Plan for the State of

Washington was approved by the Director of

the Office of Federal Register on July 1, 1982.

Dated: January 9, 1995.

Chuck Clarke,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart WW—Washington

2. Section 52.2470 is amended by

adding paragraph (c) (50) to read as

follows:

§ 52.2470 Identification of plan.

* * * * *

(c) * * *

(50) By a letter dated December 29,

1993, the Director of WDOE submitted

to the Regional Administrator of EPA a

revision to the Washington SIP updating

the regulations from the Northwest Air

Pollution Authority.

(i) Incorporation by reference.

(A) The December 29, 1993 letter from

the Director of the Washington State

Department of Ecology submitting the

Northwest Air Pollution Authority

Regulations as a revision to the

Washington SIP.

(B) Regulations of the Northwest Air

Pollution Authority—sections 100, 101,

102, 103, 104.1, 105, 106, 110, 111, 112,

113, 114, 120, 121, 122, 123, 124, 130,

131, 132, 133, 134, 135, 140, 145, 150,

180, 200, 300, 301, 302, 303, 310, 320,

321, 322, 323, 324, 325, 340, 341, 342,

360, 365, 366, 400, 401, 410, 420, 421,

424, 450, 451, 452 (except for 452.5.),

455, 458, 460, 462, 466, 510, 520, 550,

560, and 580, effective on September 8,

1993.

[FR Doc. 95–3862 Filed 2–21–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[OPP–300366A; FRL–4925–1]

RIN 2070–AB78

Pesticide Tolerances for 2,3-Dihydro2,2-Dimethyl-7-Benzofuranyl-NMethylcarbamate

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes a

time-limited tolerance for residues of

the insecticide 2,3-dihydro-2,2-

dimethyl-7-benzofuranyl-Nmethylcarbamate (common name

‘‘carbofuran’’) and its metabolites in or

on canola at 1.0 part per million (ppm)

with an expiration date of 2 years after

the beginning of the effective date of the

rule. EPA is issuing this rule on its own

initiative.

EFFECTIVE DATE: This regulation

becomes effective February 22, 1995.

ADDRESSES: Written objections,

identified by the document control

number, [OPP-300366A], may be

submitted to: Hearing Clerk (1900),

Environmental Protection Agency, Rm.

M3708, 401 M St., SW., Washington, DC

20460. A copy of any objections and

hearing requests filed with the Hearing

Clerk should be identified by the

document control number and

submitted to: Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

copy of objections and hearing requests

to: Rm. 1132, CM #2, 1921 Jefferson

Davis Hwy., Arlington, VA 22202. Fees

accompanying objections shall be

labeled ‘‘Tolerance Petition Fees’’ and

forwarded to: EPA Headquarters

Accounting Operations Branch, OPP

(Tolerance Fees), P.O. Box 360277M,

Pittsburgh, PA 15251.

FOR FURTHER INFORMATION CONTACT: By

mail: Dennis H. Edwards, Jr., Product

Manager (PM) 19, Registration Division

(7505C), Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location and telephone

number: Rm. 207, 1921 Jefferson Davis

Hwy., Arlington, VA 22202, (703)-305-

6386.

SUPPLEMENTARY INFORMATION: In the

Federal Register of November 8, 1994

(59 FR 55605), EPA issued a proposed

rule that gave notice that on its own

initiative and under section 408(e) of

the Federal Food, Drug and Cosmetic

Act, 21 U.S.C. 346a(e), it proposed a

time-limited tolerance for the residues

of carbofuran and its metabolites in or

on canola at 1.0 ppm. EPA proposed a

tolerance because State registrations for

the use of carbofuran on canola exist.

However, because of EPA’s continuing

concern for the risk to birds posed by

carbofuran use, the Agency is limiting

the number of States in which granular

carbofuran may be used on canola, and

may take regulatory action in the near

future to further restrict carbofuran use.

Additional registrations will not be

permitted until EPA has reached a

decision on whether the canola use

poses unreasonable risks to birds and

wildlife and whether additional

restrictions are necessary. The Agency

intends to conduct the necessary risk

and benefit assessments and anticipates

a decision before the 1996 use season.

There are three Special Local Need

registrations under section 24(c) of the

Federal Insecticide, Fungicide, and

Rodenticide Act, 7 U.S.C. 136v(c).

Registrations associated with this timelimited tolerance will be regionally

restricted to Idaho, Minnesota, Montana,

North Dakota, and Washington.

The use of granular carbofuran under

this tolerance will be limited to the 1995

growing season because additional

residue data have to be submitted for

the Agency to make its determination

that the tolerance will be protective of

the public health. As discussed in the

proposed rule, the reference dose is

exceeded for nonnursing infants and

children ages 1 to 6 if it is assumed that

all canola will contain tolerance level

residues. EPA believes this assumption

overstates the risk. EPA has requested

additional data to confirm its view that

the risk estimate is overstated. The

Interregional Research Project No. 4 (IR4) is currently conducting residue trials

in the U.S. and plans to submit a

petition for a permanent tolerance in the

spring. EPA will not establish a

permanent tolerance until it has

received and evaluated the residue data.

Over 100 comments were received in

response to the proposed rule. All were

in support of establishing the tolerance.

The data submitted on the proposal

and other relevant material have been

evaluated and discussed in the

proposed rule. Based on the data and

information considered, the Agency

concludes that the time-limited

tolerance will protect the public health.

Therefore, the time-limited tolerance is

established as set forth below.