13912 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Rules and Regulations

(b) The inventories are for the ozone

precursors which are volatile organic

compounds, nitrogen oxides, and

carbon monoxide. The inventories cover

point, area, non-road mobile, on-road

mobile, and biogenic sources.

(c) The BTR nonattainment area is

classified as Serious and includes

Ascension, East Baton Rouge, Iberville,

Livingston, Point Coupee, and West

Baton Rouge Parishes; the CAL

nonattainment area is classified as

Marginal and includes Calcasieu Parish.

[FR Doc. 95–6299 Filed 3–14–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 61

[FRL–5169–9]

Approval of Delegation of Authority;

National Emission Standards for

Hazardous Air Pollutants;

Radionuclides; Utah

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is granting delegation of

authority to the State of Utah to

implement and enforce five National

Emission Standards for Hazardous Air

Pollutants (NESHAP) for radionuclides.

The Governor of Utah requested

delegation from EPA Region VIII in a

letter dated June 4, 1993. EPA has

reviewed the application and has

reached a decision that the State of Utah

has satisfied all of the requirements

necessary to qualify for approval of

delegation. The effect of this action

allows the State of Utah to implement

and enforce specific radionuclide

NESHAP.

DATES: This action is effective May 15,

1995 unless adverse comments are

received by April 14, 1995. If the

effective date is delayed due to

comments, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments should

be submitted to Patricia D. Hull,

Director, Air, Radiation & Toxics

Division, Environmental Protection

Agency, Region VIII, 999 18th Street,

Suite 500, Denver, Colorado 80202–

2466 and concurrently to Russell A.

Roberts, Director, Division of Air

Quality, Department of Environmental

Quality, 1950 West North Temple, Salt

Lake City, Utah 84114–4820. A docket

containing the State of Utah’s submittals

are available for public inspection

during normal business hours at the

above locations.

FOR FURTHER INFORMATION CONTACT: T.

Scott Whitmore at (303) 293–1758.

SUPPLEMENTARY INFORMATION:

Background

Due to the unique nature of

radionuclide materials, delegation of

authority to states to implement and

enforce a NESHAP program for

radionuclides has not been automatic.

EPA’s regional offices have traditionally

assumed the lead responsibility for

administering the radionuclides

NESHAP. Because of the EPA

Administrator’s commitment to enable

state and local governments, as partners,

to implement and enforce the

requirements of the Clean Air Act as

amended in 1990 (CAA), EPA wishes to

extend delegated authority for the

radionuclides program to the states.

The State of Utah received financial

assistance from EPA to develop the

radiation expertise and experience in

implementing and enforcing an effective

radionuclides NESHAP program. Under

a radionuclides NESHAP grant

workplan, the Department of

Environmental Quality, State of Utah,

has developed an approvable program

which includes the following regulatory

elements: emission limits, test methods,

reporting and monitoring requirements,

enforcement authority, surveillance and

public notification procedures.

Accordingly, the Governor of Utah

submitted a letter, dated June 4, 1993,

requesting delegation of authority to

implement and enforce the

radionuclides NESHAP, 40 CFR part 61,

subparts B, Q, R, T, and W.

As required by 40 CFR 63.91(a)(2), the

EPA is seeking public comments for 30

days. The comments shall be submitted

concurrently to the State of Utah and to

EPA. The State of Utah can then submit

a response to the comments to EPA.

EPA is approving the State of Utah’s

request for delegation as a direct final

rule without prior proposal because

EPA views this as a noncontroversial

action and anticipates no adverse

comments. If no adverse comments are

received in response to this rule, this

Federal Register document will serve as

the final notice of the approval to

delegate the implementation and

enforcement of this program. The

effective date will be 60 days from the

date of this publication and no further

activity will be contemplated in relation

to this rule. If EPA receives adverse

comments, the direct final rule will be

withdrawn and all public comments

received will be addressed in a

subsequent final rule based on the

accompanying proposed rule which

appears in the Proposed Rule Section of

this Federal Register. However, 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.

Final Action

EPA has reviewed the pertinent

statutes and regulations of the State of

Utah and the grant workplan

accomplishments and has determined

that the State of Utah meets all of the

statutory and regulatory requirements

established by Section 112 of the Clean

Air Act as amended in 1990 for the

implementation and enforcement of the

radionuclides NESHAP. Therefore

pursuant to section 112(l) of the Clean

Air Act as amended in 1990, 42 U.S.C.

7412(l), and 40 CFR 63.91, EPA hereby

delegates its authority for the

implementation and enforcement of the

following National Emission Standards

for Radionuclides for all sources

located, or to be located in the State of

Utah:

(1) National Emission Standards for

Radon Emissions from Underground

Uranium Mines (40 CFR part 61, subpart

B),

(2) National Emission Standards for

Radon Emissions from Department of

Energy Facilities (40 CFR part 61,

subpart Q),

(3) National Emission Standards for

Radon Emissions from Phosphogypsum

Stacks (40 CFR part 61, subpart R),

(4) National Emission Standards for

Radon Emissions from the Disposal of

Uranium Mill Tailings (40 CFR part 61,

subpart T). Note that subpart T was

amended on July 15, 1994 (59 FR 36283)

and now only applies to unlicensed

disposal sites that are under the control

of the Department of Energy.

(5) National Emission Standards for

Radon emissions from Operating Mill

Tailings (40 CFR part 61, subpart W).

Not all authorities for the NESHAP

can be delegated to the state. The EPA

Administrator retains authority to

implement those sections of the

NESHAP that require approval of

equivalency determinations and

alternative test methods, decisionmaking to ensure national consistency,

and EPA rulemaking to implement

including but not limited to the

following provisions of 40 CFR part 61:

(1) 40 CFR 61.04(b), which pertains to

permitting the submission of reports to

the state only, instead of EPA and the

state,

(2) 40 CFR 61.12(d)(1), which pertains

to permitting an alternative means of

emission limitation,

(3) 40 CFR 61.13(h)(1)(ii), which

pertains to approval of the use of an

alternative method of emission tests.

As the radionuclides NESHAP are

updated, Utah should revise its rules
Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Rules and Regulations 13913

and regulations accordingly and in a

timely manner.

EPA retains concurrent enforcement

authority. If at any time there is a

conflict between the state and federal

regulations, the federal regulations must

be applied if they are more stringent

than the state regulations.

Note that the only NESHAP for

radionuclides for which Utah did not

request delegation and for which Utah

may presently have sources is 40 CFR

part 61, subpart I, National Emission

Standards for Radionuclide Emissions

from Facilities Licensed by the Nuclear

Regulatory Commission and Federal

Facilities Not Covered by subpart H.

Subpart I was stayed by EPA. The stay

expired on November 15, 1992 and

subpart I reporting began on March 31,

1994.

Effective May 15, 1995 all notices,

reports, and other correspondence

required under subparts B, Q, R, T, and

W should be sent to the State of Utah

rather than to EPA Region VIII, Denver,

Colorado.

List of Subjects in 40 CFR Part 61

Environmental protection, Air

pollution control, Intergovernmental

relations, Radiation protection.

Dated: February 23, 1995.

Kerrigan Clough,

Acting Regional Administrator, Region VIII.

For reasons set forth in the preamble,

40 CFR part 61 is amended as follows:

PART 61—NATIONAL EMISSION

STANDARDS FOR HAZARDOUS AIR

POLLUTANTS

1. The authority citation for part 61

continues to read as follows:

Authority: 42 U.S.C. 7412.

Subpart A—General Provisions

2. Section 61.04 is amended by

revising paragraph (c) to read as follows:

§ 61.04 Address.

* * * * *

(c) * * *

REGION VIII.—DELEGATION STATUS OF NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 1

Subpart CO MT 2 ND 2 SD 2 UT 2 WY

A—General Provisions ....................................................... (*) (*) (*) (*) (*) ...................

B—Radon Emissions from Underground Uranium Mines . ................... ................... ................... ................... (*) ...................

C—Beryllium ...................................................................... (*) (*) (*) ................... (*) ...................

D—Beryllium Rocket Motor Firing ..................................... (*) (*) (*) ................... (*) ...................

E—Mercury ........................................................................ (*) (*) (*) ................... (*) ...................

F—Vinyl Chloride ............................................................... (*) (*) (*) ................... (*) ...................

H—Emissions of Radionuclides other than Radon from

Department of Energy Facilities ..................................... ................... ................... ................... ................... ................... ...................

I—Radionuclide Emissions from Facilities Licensed by

the Nuclear Regulatory Commission and Federal Facilities not covered by Subpart H ................................... ................... ................... ................... ................... ................... ...................

J—Equipment Leaks (Fugitive Emission Sources) of Benzene ................................................................................ (*) (*) (*) ................... (*) ...................

K—Radionuclide Emissions from Elemental Phosphorus

Plants .............................................................................. ................... ................... ................... ................... ................... ...................

L—Benzene Emissions from Coke By-Product Recovery

Plants .............................................................................. ................... (*) (*) ................... (*) ...................

M—Asbestos ...................................................................... (*) (*) (*) (*) (*) 3 (*)

N—Inorganic Arsenic Emissions from Glass Manufacturing Plants ........................................................................ ................... (*) (*) ................... (*) ...................

O—Inorganic Arsenic Emissions from Primary Copper

Smelters ......................................................................... ................... (*) (*) ................... (*) ...................

P—Inorganic Arsenic Emissions from Arsenic Trioxide

and Metallic Arsenic Production Facilities ..................... ................... (*) (*) ................... (*) ...................

Q—Radon Emissions from Department of Energy Facilities .................................................................................. ................... ................... ................... ................... (*) ...................

R—Radon Emission from Phosphogypsum Stacks .......... ................... ................... ................... ................... (*) ...................

T—Radon Emissions from the Disposal of Uranium Mill

Tailings ........................................................................... ................... ................... ................... ................... (*) ...................

V—Equipment Leaks (Fugitive Emission Sources) ........... ................... (*) (*) ................... (*) ...................

W—Radon Emissions from Operating Mill Tailings .......... ................... ................... ................... ................... (*) ...................

Y—Benzene Emissions from Benzene Storage Vessels .. ................... (*) (*) ................... (*) ...................

BB—Benzene Emission from Benzene Transfer Operations .............................................................................. ................... (*) (*) ................... (*) ...................

FF—Benzene Waste Operations ....................................... ................... (*) ................... ................... (*) ...................

(*)Indicates approval of delegation of subpart to state. 1Authorities which may not be delegated include 40 CFR 61.04(b), 61.12(d)(1), 61.13(h)(1)(ii), 61.112(c), 61.164(a)(2), 61.164(a)(3),

61.172(b)(2)(ii)(B), 61.172(b)(2)(ii)(C), 61.174(a)(2), 61.174(a)(3), 61.242–1(c)(2), 61.244, and all authorities listed as not delegable in each subpart under Delegation of Authority. 2 Indicates approval of National Emission Standards for Hazardous Air Pollutants as part of the State Implementation Plan (SIP) with the exception of the radionuclide NESHAP Subparts B, Q, R, T, W which were approved through Section 112(l) of the Clean Air Act. 3 Delegation only for asbestos demolition, renovation, spraying, manufacturing, and fabricating operations, insulating materials, waste disposal

for demolition, renovation, spraying, manufacturing and fabricating operations, inactive waste disposal sites for manufacturing and fabricating operations, and operations that convert asbestos-containing waste material into nonasbestos (asbestos-free) material.
13914 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Rules and Regulations

[FR Doc. 95–5976 Filed 3–14–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[PP 4F4373/R2113; FRL–4940–9]

RIN 2070–AB78

Pesticide Tolerance for Avermectin B1

and Its Delta-8,9-Isomer

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes

tolerances for residues of the insecticide

avermectin B1 and its delta-8,9-isomer

in or on the raw agricultural commodity

head lettuce. Merck Research

Laboratories requested this regulation to

establish maximum permissible levels

for residues of the insecticide.

EFFECTIVE DATE: This regulation

becomes effective March 15, 1995.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 4F4373/

R2113], 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: George T. LaRocca, Product

Manager (PM) 13, Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm. 204, CM #2, 1921 Jefferson Davis

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

6100; e-mail:

LaRocca.George@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued a notice, published in the

Federal Register of May 29, 1991 (56 FR

24189), which announced that Merck

Sharp & Dohme Research Laboratories,

Division of Merck & Co., Inc.,

Hillsborough Rd., Three Bridges, NJ

08887, had submitted a pesticide

petition (PP 1F3973) to EPA requesting

that the Administrator, pursuant to

section 408(d) of the Federal Food,

Drug, and Cosmetic Act (FFDCA), 21

U.S.C. 346a(d), establish tolerances for

residues of the pesticide abamectin

(same as avermectin B1) and its delta-8,

9-isomer in or on the raw agricultural

commodities (RAC) lettuce at 0.05 part

per million (ppm) and almonds and

walnuts at 0.005 ppm.

In a letter dated June 9, 1994, Merck

Research Laboratories requested a

separation of PP 1F3973 into two

distinct petitions. Almonds and walnuts

were to be processed under PP 1F3973,

and head lettuce was assigned a new

petition number, PP 4F4373. No

comments were received on the notice

of filing (56 FR 24189, May 29, 1991).

The data submitted in support of this

tolerance and other relevant material

have been reviewed. The toxicological

and metabolism data and analytical

methods for enforcement purposes

considered in support of these

tolerances are discussed in detail in

related documents published in the

Federal Registers of May 31, 1989 (54

FR 23209) for cottonseed and August 2,

1989 (54 FR 31836) for citrus.

The Agency used a two-generation rat

reproduction study with an uncertainty

factor of 300 to establish a Reference

Dose (RfD). The 300-fold uncertainty

factor was utilized for (1) inter- and

intra-species differences, (2) the extreme

seriousness of pup death observed in

the reproduction study, (3) maternal

toxicity (lethality) no-observable-effect

level (NOEL)(0.05 mg/kg/day), and (4)

cleft palate in the mouse developmental

toxicity study with isomer (NOEL = 0.06

mg/kg/day). Thus, based on a NOEL 0f

0.12 mg/kg/day from the two-generation

rat reproduction and an uncertainty

factor of 300, the RfD is 0.0004 mg/kg/

body weight (bwt)/day.

A chronic dietary exposure/risk

assessment has been performed for

abamectin using the above RfD.

Available information on anticipated

residues and 100% crop treated was

incorporated into the analysis to

estimate the Anticipated Residue

Contribution (ARC). The ARC is

generally considered a more realistic

estimate than an estimate based on

tolerance-level residues. The ARC from

established tolerances and the current

action is estimated at 0.000022 mg/kg

bwt/day and utilizes 5.4 percent of the

RfD for the U.S. population. The ARC

for children, aged 1 to 6 years old, and

nonnursing infants (subgroups most

highly exposed) utilizes 13 and 18

percent of the RfD, respectively.

Generally speaking, the Agency has no

cause for concern if anticipated residues

contribution for all published and

proposed tolerances is less than the RfD.

Because of the developmental effects

seen in animal studies, the Agency used

the mouse teratology study (with a

NOEL of 0.06 mg/kg/day for

developmental toxicity for the delta-8,9

isomer) to assess acute dietary exposure

and determine a margin of exposure

(MOE) for the overall U.S. population

and certain subgroups. Since the

toxicological end-point pertains to

developmental toxicity, the population

group of interest for this analysis is

women aged 13 and above, the subgroup

which most closely approximates

women of child-bearing age. The MOE

is calculated as the ratio of the NOEL to

the exposure. For this analysis, the

Agency calculated the MOE for highend exposures for women ages 13 and

above. The MOE for the high-end

exposure is 200. Generally speaking,

MOEs greater than 100 for data derived

from animal studies are acceptable to

the Agency.

The metabolism of the chemical in

plants and livestock for this use is

adequately understood. Any secondary

residues occurring in meat, meat

byproducts, or milk will be covered by

existing tolerances for those

commodities. There is no reasonable

expectation of finite residues in poultry

and swine commodities; therefore, no

tolerances are necessary at this time.

Adequate analytical methodology

(HPLC-Fluorescence Methods) is

available for enforcement purposes.

Prior to publication in the Pesticide

Analytical Manual, Vol. II, the

enforcement methodology is being made

available in the interim to anyone who

is interested in pesticide enforcement

when requested from: Calvin Furlow,

Public Reponse and Program Resource

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

U.S. Environmental Protection Agency,

401 M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm 1132, CM #2, 1921 Jefferson Davis

Hwy., Arlington, VA 22202, (703)-304-

5232.

The tolerances established by

amending 40 CFR part 180 will be

adequate to cover residues in or on

lettuce. There are currently no actions

pending against the continued

registration of this chemical. Based on

the information and data considered,

the Agency has determined that the

tolerances established by amending 40

CFR part 180 will protect the public

health. Therefore, the tolerance is

established as set forth below.