Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10331

FLORIDA—OZONE—Continued

Designated area

Designation Classification

Date 1 Type Date 1 Type

Escambia County

Flagler County

Franklin County

Gadsden County

Gilchrist County

Glades County

Gulf County

Hamilton County

Hardee County

Hendry County

Hernando County

Highlands County

Holmes County

Indian River County

Jackson County

Jefferson County

Lafayette County

Lake County

Lee County

Leon County

Levy County

Liberty County

Madison County

Manatee County

Marion County

Martin County

Monroe County

Nassau County

Okaloosa County

Okeechobee County

Orange County

Osceola County

Palm Beach County ............................ April 25, 1995.

Pasco County

Polk County

Putnam County

Santa Rosa County

Sarasota County

Seminole County

St. Johns County

St. Lucie County

Sumter County

Suwannee County

Taylor County

Union County

Volusia County

Wakulla County

Walton County

Washington County

1This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 95–4537 Filed 2–23–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 281

[FRL–5161–3]

Final Approval of State Underground

Storage Tank Program; Arkansas

AGENCY: Environmental Protection

Agency.

ACTION: Notice of final determination on

State of Arkansas application for final

approval.

SUMMARY: The State of Arkansas has

applied for final approval of its

underground storage tank program

under Subtitle I of the Resource

Conservation and Recovery Act (RCRA).

The Environmental Protection Agency

(EPA) has reviewed the Arkansas

application and determined, subject to

public review and comment, that the

Arkansas underground storage tank

program satisfies all of the requirements

necessary to qualify for final approval.

Thus, EPA is granting approval to the

State to operate its program unless

adverse public comment shows the need

for further review. The Arkansas

application for final approval is

available for public review and

comment.

EFFECTIVE DATE: Final authorization for

the Arkansas underground storage tank

program shall be effective at 1:00 p.m.

on April 25, 1995 unless EPA publishes

a prior Federal Register action

withdrawing this final rule. All

comments on the Arkansas final
10332 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations

approval application must be received

by the close of business on March 27,

1995.

ADDRESSES: Copies of the Arkansas final

approval application are available

during the hours between 8 a.m. and

4:30 p.m. at the following addresses for

inspection and copying: Arkansas

Department of Pollution Control and

Ecology, 8001 National Drive, Little

Rock, Arkansas 72219, Phone: (501)

562–6533; U.S. EPA Headquarters,

Office of Underground Storage Tanks

Docket Clerk, Room 2616, 401 M Street

SW., Washington, DC 20460, Phone:

(202) 260–9720; and US EPA, Region 6

Library, 12th floor, 1445 Ross Avenue,

Dallas, Texas 75202, Phone: (214) 665–

6424. Written comments should be sent

to Ms. Guanita Reiter, Chief, RCRA

Programs Branch, Region 6, 1445 Ross

Avenue, Dallas, Texas 75202.

FOR FURTHER INFORMATION CONTACT:

Arkansas State Program Officer,

Underground Storage Tank Program,

Mr. John Cernero, US EPA Region 6,

1445 Ross Avenue, Dallas, Texas 75202,

Phone: (214) 665–2233.

SUPPLEMENTARY INFORMATION:

A. Background

Section 9004 of the Resource

Conservation and Recovery Act (RCRA)

enables EPA to approve State

underground storage tank programs to

operate in the State in lieu of the

Federal underground storage tank (UST)

program. To qualify for final

authorization, a State’s program must:

(1) Be ‘‘no less stringent’’ than the

Federal program; and (2) provide for

adequate enforcement (Sections 9004(a)

and 9004(b) of RCRA, 42 U.S.C.

6991(c)(b)).

On September 26, 1994, the State of

Arkansas submitted an official

application for final approval. Prior to

its submission, the State of Arkansas

provided an opportunity for public

notice and comment in the development

of its underground storage tank program

as required under 40 CFR 281.50(b). The

State then adopted by reference the

corresponding Federal UST regulations

in its Regulation Number 12, which

became fully effective on April 22, 1990.

However, the definitions of ‘‘owner’’

and ‘‘release’’ in the State’s Regulation

Number 12 were not adopted verbatim

per the Federal regulations. Due to the

possibility that the State’s definition

could be misinterpreted, language was

included in the Memorandum of

Agreement and in the State Attorney

General’s Statement, which states that

the State will revise the regulation to

remove any ambiguities in the two

definitions during its next applicable

legislative session and will interpret the

definition of ‘‘owner’’ and ‘‘release’’ in

the same manner as EPA, until such

time that the regulations are amended.

B. Decision

After reviewing the Arkansas

application, I conclude that the State’s

program meets all of the requirements

necessary to qualify for final approval.

Accordingly, the State of Arkansas is

granted final approval to operate its

underground storage tank program. The

State of Arkansas now has the

responsibility for managing

underground storage tank facilities

within its borders and carrying out all

aspects of the UST program. The State

of Arkansas also has primary

enforcement responsibility, although

EPA retains the right to conduct

inspections under section 9005 of RCRA

42 U.S.C. 6991d and to take

enforcement actions under section 9006

of RCRA 42 U.S.C. 6991e.

The State of Arkansas is not

authorized to operate the UST program

on Indian lands and this authority will

remain with EPA.

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of section 6 of Executive

Order 12866.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 5 U.S.C.

605(b), I hereby certify that this

approval will not have a significant

economic impact on a substantial

number of small entities. The approval

effectively suspends the applicability of

certain Federal regulations.

List of Subjects in 40 CFR Part 281

Environmental protection,

Administrative practice and procedure,

Hazardous materials, State program

approval, Underground storage tanks.

Authority: This notice is issued under the

authority of Sections 2002(a), 7004(b), and

9004 of the Solid Waste Disposal Act as

amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: February 14, 1995.

William Hathaway,

Acting Regional Administrator.

[FR Doc. 95–4596 Filed 2–23–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 216

[Docket No. 950214049–5049–01; I.D.

011295B]

RIN 0648–XX10

Taking and Importing of Marine

Mammals; Yellowfin Tuna Imports;

Spain and Ecuador

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of affirmative findings.

SUMMARY: NMFS announces that the

Republic of Spain and the Republic of

Ecuador have submitted documentation

establishing that they continue to be in

compliance with the requirements of the

yellowfin tuna importation regulations

for nations that have acted to ban purse

seine sets on marine mammals in the

eastern tropical Pacific Ocean (ETP).

Affirmative findings have been issued

that will allow yellowfin tuna and tuna

products harvested by vessels of

Ecuador and Spain to be imported into

the United States through December 31,

1995.

DATES: The affirmative findings were

effective December 29, 1994, for Spain,

and December 30, 1994, for Ecuador,

and remain in effect through December

31, 1995, unless revoked.

FOR FURTHER INFORMATION CONTACT: LT

Dana Wilkes (310) 980–4019, FAX (310)

980–4047.

SUPPLEMENTARY INFORMATION: NMFS

regulations establish provisions for

timely consideration and granting of an

affirmative finding to a nation that

prohibits its vessels from intentionally

setting on marine mammals in the

course of harvesting yellowfin tuna by

purse seine in the ETP (50 CFR

216.24(e)(5)). With an affirmative

finding, yellowfin tuna and products

derived from yellowfin tuna harvested

in the ETP by that nation’s purse seine

vessels may be imported into the United

States.

On December 29, 1994, after

consultation with the Department of

State, NMFS made an affirmative

finding that the Republic of Spain had

submitted acceptable documentary

evidence that its regulatory program

continues to comply with the yellowfin

tuna import regulations. As a result of

this affirmative finding, yellowfin tuna

and products derived from yellowfin

tuna harvested in the ETP by Spanish-