Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34739

delegation of section 112 standards that

are unchanged from federal standards as

promulgated. This program for

delegations only applies to sources

covered by the part 70 program.

Additionally, EPA is promulgating

approval of Maryland’s operating

permits program, under the authority of

title V and part 70 for the purpose of

implementing section 112(g) to the

extent necessary during the transition

period between promulgation of the

federal section 112(g) rule and adoption

of any necessary state rules to

implement EPA’s section 112(g)

regulations. However, since this

approval is for the purpose of providing

a mechanism to implement section

112(g) during the transition period, the

approval of the operating permits

program for this purpose will be

without effect if EPA decides in the

final section 112(g) rule that sources are

not subject to the requirements of the

rule until state regulations are adopted.

Although section 112(l) generally

provides the authority for approval of

state air toxics programs, title V and

section 112(g) provide authority for this

limited approval because of the direct

linkage between implementation of

section 112(g) and title V. Unless the

federal section 112(g) rule establishes a

specific time frame for the adoption of

state rules, the duration of this approval

is limited to 18 months following

promulgation by EPA of section 112(g)

regulations, to provide the state with

adequate time to adopt regulations

consistent with federal requirements.

The Office of Management and Budget

has exempted this action from Executive

Order 12866 review.

EPA’s actions under section 502 of the

Act do not create any new requirements,

but simply address operating permits

programs submitted to satisfy the

requirements of 40 CFR part 70. Because

this action to grant interim approval of

Maryland’s operating permits program

pursuant to title V of the CAA and 40

CFR part 70 does not impose any new

requirements, it does not have a

significant impact on a substantial

number of small entities.

EPA has determined that this action,

promulgating interim approval of

Maryland’s operating permits program,

does not include a federal mandate that

may result in estimated costs of $100

million or more to either state, local, or

tribal governments in the aggregate, or

to the private sector. This federal action

approves pre-existing requirements

under state or local law, and imposes no

new federal requirements. Accordingly,

no additional costs to state, local, or

tribal governments, or to the private

sector result from this action.

List of Subjects in 40 CFR Part 70

Environmental Protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Operating permits, and

Reporting and recordkeeping

requirements.

Dated: June 19, 1996.

W. Michael McCabe,

Regional Administrator.

Part 70, title 40 of the Code of Federal

Regulations is amended as follows:

PART 70—[AMENDED]

1. The authority citation for part 70

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

2. Appendix A to part 70 is amended

by adding the entry for Maryland in

alphabetical order to read as follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permits Programs

* * * * *

Maryland

(a) Maryland Department of the

Environment: submitted on May 9,

1995; interim approval effective on

August 2, 1996; interim approval

expires August 3, 1998.

(b) Reserved

* * * * *

[FR Doc. 96–17020 Filed 7–3–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[OPP–300420A; FRL–5381–5]

RIN 2070–AB78

Potassium Citrate; Tolerance

Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes an

exemption from the requirement of a

tolerance for residues of potassium

citrate (CAS Reg. No. 866–84–2), when

used as an inert ingredient (chelating

agent and pH control) in pesticide

formulations applied to growing crops,

raw agricultural commodities after

harvest and animals. This regulation

was requested by Monsanto Company

and Zeneca Ag Products, pursuant to

the Federal Food, Drug, and Cosmetic

Act (FFDCA).

EFFECTIVE DATE: This regulation

becomes effective July 3, 1996.

ADDRESSES: Written objections,

identified by the document control

number, [OPP–300420A] 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 request

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.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect in 5.1 file

format or ASCII file format. All copies

of objections and hearing requests in

electronic form must be identified by

the docket number [OPP–300420A]. No

‘‘Confidential Business Information’’

(CBI) should be submitted through email. Electronic comments on this

proposed rule may be filed online at

many Federal Depository Libraries.

Additional information on electronic

submissions can be found below in this

document.

FOR FURTHER INFORMATION CONTACT: By

mail: Amelia M. Acierto, Registration

Support Branch, Registration Division

(7505W), Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location and telephone number:

Westfield Building North, 6th Fl., 2800

Crystal Drive, Arlington, VA 22202,

(703) 308–8375; e-mail:

acierto.amelia@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of April 10, 1996 (61

FR 15915), EPA issued a proposed rule

(FRL–5361–2) gave notice that

Monsanto Company, 700 14th Street,

NW., Washington, DC 20005 had

submitted pesticide petition (PP)

6E4607 and Zeneca Ag Products, 1800

Concord Pike, Wilmington, DE 19850–

5458 had submitted pesticide petition

(PP) 6E4637 to EPA requesting that the
34740 Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations

Administrator, pursuant to section

408(e) of the Federal Food, Drug, and

Cosmetic Act (FFDCA), 21 U.S.C.

346a(e), propose to amend 40 CFR

180.1001(c) and (e) by establishing an

exemption from the requirement of a

tolerance for residues of potassium

citrate (CAS Reg. No. 866–84–2) when

used as an inert ingredient (chelating

agent and pH control) in pesticide

formulations applied to growing crops,

raw agricultural commodities after

harvest and animals.

Inert ingredients are all ingredients

that are not active ingredients as defined

in 40 CFR 153.125, and include, but are

not limited to, the following types of

ingredients (except when they have a

pesticidal efficacy of their own):

Solvents such as alcohols and

hydrocarbons; surfactants such as

polyoxyethylene polymers and fatty

acids; carriers such as clay and

diatomaceous earth; thickeners such as

carrageenan and modified cellulose;

wetting, spreading, and dispersing

agents; propellants in aerosol

dispensers; microencapsulating agents;

and emulsifiers. The term ‘‘inert’’ is not

intended to imply nontoxicity; the

ingredient may or may not be

chemically active.

There were no comments or requests

for referral to an advisory committee

received in response to the proposed

rule.

The data submitted relevant to 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 tolerance exemption

will protect the public health.

Therefore, the tolerance exemption is

established as set forth below.

Any person adversely affected by this

regulation may, within 30 days after

publication of this document in the

Federal Register, file written objections

and/or request a hearing with the

Hearing Clerk, at the address given

above (40 CFR 178.20). A copy of the

objections and/or hearing requests filed

with the Hearing Clerk should be

submitted to the OPP docket for this

rulemaking. The objections submitted

must specify the provisions of the

regulation deemed objectionable and the

grounds for the objections (40 CFR

178.25). Each objection must be

accompanied by the fee prescribed by

40 CFR 180.33(i). If a hearing is

requested, the objections must include a

statement of the factual issue(s) on

which a hearing is requested, the

requestor’s contentions on such issues,

and a summary of any evidence relied

upon by the objector (40 CFR 178.27). A

request for a hearing will be granted if

the Administrator determines that the

material submitted shows the following:

There is a genuine and substantial issue

of fact; there is a reasonable possibility

that available evidence identified by the

requestor would, if established, resolve

one or more of such issues in favor of

the requestor, taking into account

uncontested claims or facts to the

contrary; and resolution of the factual

issue(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

A record has been established for this

rulemaking under docket number [OPP–

300420A] (including objections and

hearing requests submitted

electronically as described below). A

public version of this record, including

printed, paper versions of electronic

comments, which does not include any

information claimed as CBI is available

for public inspection from 8 a.m. to 4:30

p.m.,Monday through Friday, excluding

legal holidays. The public record is

located in Room 1132 of the Public

Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency,

Crystal Mall 1B2, 1921 Jefferson Davis

Highway, Arlington, VA.

A copy of electronic objections and

hearing requests filed with the Hearing

Clerk can be sent directly to EPA at:

opp-docket@epamail.epa.gov

A copy of electronic objections and

hearing requests filed with the Hearing

Clerk must be submitted as an ASCII file

avoiding the use of special characters

and any form of encryption.

The official record for this

rulemaking, as well as the public

version, as described above will be kept

in paper form. Accordingly, EPA will

transfer all comments received

electronically into printed, paper form

as they are received and will place the

paper copies in the official rulemaking

record which will also include all

comments submitted directly in writing.

The official rulemaking record is the

paper record maintained at the address

in ‘‘ADDRESSES’’ at the beginning of

this document.

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to all the requirements of the

Executive Order (i.e., Regulatory Impact

Analysis, review by the Office of

Management and Budget (OMB)). Under

section 3(f), the order defines

‘‘significant’’ as those actions likely to

lead to a rule (1) having an annual effect

on the economy of $100 million or

more, or adversely and materially

affecting a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local or tribal governments or

communities (also known as

‘‘economically significant’’); (2) creating

serious inconsistency or otherwise

interfering with an action taken or

planned by another agency; (3)

materially altering the budgetary

impacts of entitlement, grants, user fees,

or loan programs; or (4) raising novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in this Executive

Order.

Pursuant to the terms of this

Executive Order, EPA has determined

that this rule is not ‘‘significant’’ and is

therefore not subject to OMB review.

This action does not impose any

enforceable duty, or contain any

‘‘unfunded mandates’’ as described in

Title II of the Unfunded Mandates

Reform Act of 1995 (Pub. L. 104–4), or

require prior consultation as specified

by Executive Order 12875 (58 FR 58093,

October 28, 1993), entitled Enhancing

the Intergovernmental Partnership, or

special consideration as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Under 5 U.S.C. 801(a)(1)(A) of the

Administrative Procedure Act (APA) as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (Title II of Pub. L. 104–121, 110

Stat. 847), EPA submitted 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 General

Accounting Office prior to publication

of the rule in today’s Federal Register.

This rule is (is not) a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2) of the APA

as amended.

Pursuant to the requirements of the

Regulatory Flexibility Act (5 U.S.C.

601–612), the Administrator has

determined that regulations establishing

new tolerances or raising tolerance

levels or establishing exemptions from

tolerance requirements do not have a

significant economic impact on a

substantial number of small entities. A

certification statement to this effect was

published in the Federal Register of

May 4, 1981 (46 FR 24950).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 / Rules and Regulations 34741

Dated: June 24, 1996.

Peter Caulkins,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, 40 CFR part 180 is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. In § 180.1001 the table to paragraph

(c) and (e) is amended by adding

alphabetically the inert ingredient, to

read as follows:

§ 180.1001 Exemptions from the

requirement of a tolerance.

* * * * *

(c) * * *

Inert ingredients Limits Uses

* * * * * * *

Potassium citrate (CAS Reg. No. 866–84–2) ............... Chelating agent, pH control

* * * * * * *

(e) * * *

Inert ingredients Limits Uses

* * * * * * *

Potassium citrate (CAS Reg. No. 866–84–2) ............... Chelating agent, pH control

* * * * * * *

[FR Doc. 96–16859 Filed 7–2–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[OPP–300419A; FRL–5381–2]

RIN 2070–AB78

Pentaerythritol Stearates; Tolerance

Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document establishes an

exemption from the requirement of a

tolerance for residues of a mixture of

chemicals known as pentaerythritol

stearates (CAS Reg. No. 85116–93–4),

which include pentaerythritol

monostearate (CAS Reg. No. 78–23–9),

pentaerythritol distearate (CAS Reg. No.

13081–97–5), pentaerythritol tristearate

(CAS Reg. No. 28188–24–1), and

pentaerythritol tetrastearate (CAS Reg.

No. 115–83–3) when used as an inert

ingredient (emulsifier) at a

concentration of no more than 25 ppm

in pesticide formulations applied to

growing crops and to raw agricultural

commodities after harvest. This

regulation was requested by Wacker

Silicones Corporation, pursuant to the

Federal Food, Drug, and Cosmetic Act

(FFDCA).

EFFECTIVE DATE: This regulation

becomes effective July 3, 1996.

ADDRESSES: Written objections,

identified by the docket number, [OPP–

300419A] 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 docket 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 request

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.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov.

Copies of objections and hearing

requests must be submitted as an ASCII

file avoiding the use of special

characters and any form of encryption.

Copies of objections and hearing

requests will also be accepted on disks

in WordPerfect 5.1 file format or ASCII

file format. All copies of objections and

hearing requests in electronic form must

be identified by the docket number

(OPP–300419A). No ‘‘Confidential

Business Information’’ (CBI) should be

submitted through e-mail. Electronic

comments on this proposed rule may be

filed online at many Federal Depository

Libraries. Additional information on

electronic submissions can be found

below in this document.

FOR FURTHER INFORMATION CONTACT: By

mail: Amelia M. Acierto, Registration

Support Branch, Registration Division

(7505W), Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location and telephone number:

Westfield Building North, 6th Fl., 2800

Crystal Drive, Arlington, VA 22202,

(703) 308–8375; e-mail:

acierto.amelia@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: In the

Federal Register of April 17, 1996 (61

FR 16747), EPA issued a proposed rule

(FRL–5355–7), gave notice that Wacker

Silicones Corporation, 3301 Sutton

Road, Adrian, Michigan 49221–9397

had submitted pesticide petition (PP)

4E4378 to EPA requesting that the

Administrator, pursuant to section

408(e) of the Federal Food, Drug, and

Cosmetic Act (FFDCA), 21 U.S.C.

346a(e), propose to amend 40 CFR

180.1001(c) by establishing an

exemption from the requirement of a

tolerance for residues of a mixture of

chemicals known as pentaerythritol

stearates (pentaerythritol monostearate

(CAS Reg. No. 78–23–9), pentaerythritol

distearate (CAS Reg. No. 13081–97–5),

pentaerythritol tristearate (CAS Reg. No.

28188–24–1) and pentaerythritol

tetrastearate (CAS Reg. No. 115–83–3)

when used as an inert ingredient

(emulsifier) in pesticide formulations

applied to growing crops or to raw

agricultural commodities after harvest.