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Citation: 53 Fed. Reg. 41236 1988

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41236 Federal Register / Vol. 53, N6. 203 / Thursday, October 20, 1988 / Notices
energy price and cost data requested by
the FERC Staff.
IPS requests an effective date of June
20, 1988, and therefore requests a waiver
of the Commission's notice
requirements.
Any person desiring to be heard or to
protest said filing should file a motion to
intervene or protest with the Federal
Energy Regulatory Commission, 825
North Capitol Street, NE., Washington,
DC 20426, in accordance with Rules 211
and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211,
385.214). All such motions or protests
should be filed on or before October 24,
1988. Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceedings. Any person wishing to
become a party must file a motion to
intervene. Copies of this filing are on file
with the Commission and are available
for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 88-24338 Filed 10-19-88; 8:45 am]
BILLING CODE 6717-0i-M
[Docket No. ER88-608-0001
Wisconsin Electric Power Co.; Filing
October 14, 1988.
Take notice that on September 15,
1988, Wisconsin Electric Power
Company (Wisconsin Electric) tendered
for filing a letter agreement between
itself and Shawano Municipal Utilities
(Shawano]. The agreement provides for
an interim sale by Wisconsin Electric of
3.5 MW of non-firm power at Shawano's
Lincoln Substation until planned
transmission improvements are effected.
The service provided will allow an
industrial customer of Shawano to
economically operate during on-peak
hours. The non-firm rate will be
equivalent to Wisconsin Electric's
wholesale interruptible rate.
Wisconsin Electric requests that the
Commission waive the sixty-day notice
requirements of its Regulations in order
to allow the effective date of September
1, 1988. Wisconsin Electric states that
Shawano joins in the requested effective
date.
Copies of the filing have been served
on Shawano and the Public Service
Commission of Wisconsin.
Any person desiring to be heard or to
protest said filing should file a motion to
intervene or protest with the Federal
Energy Regulatory Commission, 825
North Capitol Street, NE., Washington,
DC 20426, in accordance with Rules 211
and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211,
385.214). All such motions or protests
should be filed on or before October 24,
1988. Protests will be considered by the
Commission in determining the
appropriate action to be taken, but will
not serve to make protestants parties to
the proceedings. Any person wishing to
become a party mustifile a motion to
intervene. Copies of this filing are on file
with the Commission and are available
for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 88-24339 Filed 10-19-88; 8:45 am]
BILLING CODE 6717-01-M
ENVIRONMENTAL PROTECTION
AGENCY
[FRL-3465-1]
Agency Information Collection
Activities Under OMB Review
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: In compliance with the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.), this notice announces that
the Information Collection Request (ICR)
abstracted below has been forwarded to
the Office of Management and Budget
[OMB) for review and is available to the
public for review and comment. The ICR
describes the nature of the information
collection and its expected cost and
burden; where appropriate, it includes
the actual data collection instrument.
FOR FURTHER INFORMATION CONTACT.
Carla Levesque at EPA, (202) 382-2740.
SUPPLEMENTARY INFORMATION:
Office of Water
Title: 1987 Sewage Sludge Use and
Disposal Survey.'(EPA ICR # 1393).
Abstract: EPA is surveying municipal
sewage treatment plants on sludge
generation and treatment processes;
existing sludge use, disposal practices
and costs; and alternative use and
disposal practices. The information will
be used to develope sludge use and
disposal regulations.
Burden Statement: The estimated
average burden is 16 hours for a small
plant and 32 hours for a large plant. This
includes time for reviewing instructions,
searching existing data sources,
gathering the data needed, and
completing and reviewing the
questionnaire.
Respondents: Municipal sewage
treatment plants.
EstimatedNo. of Respondents: 479.
Estimated Total Annual Burden on
Respondents: 9,824 hours.
Frequency of Collection: One-time
only.
Send comments regarding the burden
estimate, or any other aspect of this
collection of information, including
suggestions for reducing the burden, to:
Carla Levesque, U.S. Environmental
Protection Agency, Information Policy
Branch (PM-223), 401 M St., SW,
Washington, DC 20460
and
Timothy Hunt, Office of Management
and Budget, Office of Information and
Regulatory Affairs, 726 Jackson Place,
NW, Washington, DC 20503,
(Telephone (202) 395-3084)
OMB Responses To Agency PRA
Clearance Requests
EPA ICR #1056; Information
Collection Requirements For NSPS
Subpart G Citric Acid Plants; was
approved 9/16/88; OMB # 2060-0019
expires: 9/30/91.
EPA ICR #0583; Records of PCB Use,
Storage and Disposal; was approved 9/
21/88; OMB #2070-0061; expires; 9/30/
91.
EPA ICR #1391; State Revolving
Funds Programs; was approved 9/22/88;
OMB # 2040-0118; expires: 9/30/91.
EPA ICR #1438; Worker Protection
Standards For Agricultural Pesticides;
was disapproved on 9/19/88.
EPA ICR #1080.04; NESHAP For
Benzene Emissions-Reporting And
Recordkeeping Requirements; was
disapproved on 9/16/88.
Date: October 4,1988.
Paul Lapsley,
DirectorInformation andRegulatory Systems
Division.
[FR Doc. 88-24350 Filed 10-19-88; 8:45 am]
BILLING CODE 6560-50-M
[FRL-3465-2)
California State Motor Vehicle
Pollution Control Standards;
Amendments Within the Scope of
Previous Waivers of Federal
Preemption; Summary of
Determination
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of scope of waiver of
Federal preemption.
SUMMARY: The California Air Resources
Board (CARB) has notified EPA that it
has amended the California emissions
standards and test procedures for
heavy-duty gasoline engines and
vehicles to establish a nonconformance
 Federal Register / Vol. 53,, No. Z03
penalty (NCP) program for the 1988
model year. EPA finds that these
amendments are within the scope of
previous waivers of Federal preemption
granted to California for its heavy-duty
emission standards and set procedures.
DATE: Any objection to. the findings in
this notice must be filed by November
21, 1988. Upon the receipt of any timely
objection, EPA will consider scheduling
a public hearing to reconsider these
findings in a subsequent Federal
Register notice.
ADDRESSES: Any objection to the
findings in this notice should be filed
with Mr. Charles N. Freed, Director,
Manufacturers Operations Division
(EN-340FJ, U.S. Environmental
Protection Agency, 401 M Street, SW.,
Washington, DC 20460.
Copies of the California amendment
at issue in this notice, a decision
document containing an explanation of
EPA's determination, and documents
used in arriving at this determination,
are available for public inspection
during normal working hours (8:00 a.m.
to 3.00 p.m.) at the Environmental
Protection Agency, Central Docket
Section (Docket EN-88-.4), South
Conference Center, 401 M Street, SW.,
Washington, DC 20460. Copies of the
decision document can be obtained from
EPA's Manufacturers Operations
Division by contacting Ms. Joan S.
Baxter as noted below.
FOR FURTHER INFORMATION CONTACT:
Joan S. Baxter, AttorneyjAdvisor,
Manufacturers Operations Division
(EN-340F). U.S. Environmental
Protection Agency, Washington, DC
20460, (202) 382-2514.
SUPPLEMENTARY INFORMATION: EPA has
determined that CARB's amendments
are within the scope of waivers of
Federal preemption previously granted
pursuant to section 209(b) of the Clean
Air Act. as amended (Act).I CARB's
changes incorporate into the California
heavy-duty gasoline engine and vehicle
reguations provisions which are
essentially the same as the Federal NCP
provisiuns which were promulgated by
EPA and which are contained in Subpart
L of 40 CFR Part 86.2
The California NCP program will be
available for the 1988 model year heavy-
duty gasoline engines and vehicles only.
The program will not apply to heavy-
duty diesel engines and vehicles or to
1989 and later model year heavy-duty
gasoline engiens and vehicles. The
amendments make NCPs available in
'42 FR 31639 (lune 22 1977) 43 FR 20549 (May 12.
19781 43 FR 36679 (August 18. 1978; 46 FR 36742
(July 15,19811; and 49 FR 39731 (October 10. 1984).
250 FR 35374 (August 30, 1985) and 50 FR 53454
(December 31, 1985).
Thursday, October, 20, 1988 / Notices
California for the 1.1 gram per brake
horse-power-hour (g/bhp-hr)
hydrocarbon and the 14.4 g/bhp-hr
carbon monoxide standards applicable
to 1988 model year heavy-duty gasoline
engines intended for use in vehicles
rated up to 14,000 pounds [Gross Vehicle
Weight Rating (GVWRI]. The
amendments incorporate provisions
essentially identical to the Federal
penalty rates and the Federal Production
Compliance Audit (PCA) sampling plan
and test procedures.
California Assembly Bill 3683 (July 24,
1986) authorized CARB to adopt a
schedule of nonconformance fees
designed to substitute for the payment
of nonconformance fees to the Federal
government applicable to manufacturers
of new heavy-duty vehicles and engines.
Bill 3683 required that CARB establish
nonconformance fees only for those
heavy-duty vehicles or engines for
which it has adopted emission
standards and test procedres which are
identical to the corresponding Federal
emission standards and test procedures.
Bill 3683 required that EPA agree to
waive collection of the NCP based on
California's collection of an identical
amount. Bill 3683 also required that it be
established that this agreement had
been reached prior to the
implementation of the California NCP
program.
On December 8, 1986, the Executive
Director of CARB requested that EPA
assist California by promulgating a rule
waiving Federal collection of a portion
of the NCP equal to the amount that
California would collect under the
California NCP program.
On May 26, 1988, EPA promulgated a
final rule revising the regulations to
include a provision which would waive
payment of penalties to EPA for those
heavy-duty vehicles and engines which
are certified under the Federal NCP
process and are titled, registered or
principally used in the State of
California under a California NCP
program. s
In comments to the proposed
rulemaking to permit EPA to waive a4
portion of its Federal NCP payment,
Cummins Motor Company (Cummins)
claimed that EPA should not grant a
waiver of Federal preemption under
section 209(b) of the Clean Air Act for
CARB's NCP program unless EPA and
California standards and procedures are
identical in every respect. 5 Cummins'
3 53 FR 19130 (May 26, 1988).
4 53 FR 1716 (January 21.1988).
5 For the 1988 and 1989 model years, the only
difference between the Federal and California
standards for heavy-duty vehicles engines is for
oxides of nitrogen (NOx). The Federal NOx
41237
reasoning was based, in part, upon its
interpretation of the proposed language
of the regulations which stated that: "a
waiver of preemption would be
applicable only if the Administrator
finds that: (A) California has adopted
emission standards and test procedures
* * * which are identical to the
corresponding Federal-emission
standards and test procedures for which
NCPs are available." Cummins
interprets this language to require that
all California and Federal standards for
a heavy-duty vehicle or engine eligible
for NCPs must be aligned for the
Administrator to approve a 209(b)
waiver. This interpretation is incorrect.
The intent of this section of the
proposed rule is to limit those pollutants
for which California can offer NCPs to
the pollutants for which the Federal and
California emission standards and test
procedures are identical.
In any event, EPA believes that
Cummins is incorrect in its
interpretation for the criteria of granting
a 209(b) waiver. As discussed in EPA's
decision document, EPA believes that
CARB's waiver request falls within the
scope of waivers previously granted to
CARB urdder the criteria established by
EPA pursuant to section 209(b). The
issue raised by Cummins is irrelevant to
the criteria which EPA may consider in
making such a determination.
EPA has determined that these
changes do not undermine California's
determination that its standards are, in
the aggregate, at least as protective as
Federal standards. Further, EPA has
found that the amendements do not
cause any inconsistency with section
202(a) of the Act and raise no new
issues regarding previous waivers. A full
explanation of EPA's determination is
contained in a decision document,
which may be obtained from EPA as
noted above.
Since these amendments are within
the scope of previous waivers, a public
hearing to consider them is not
necessary. However, if any party asserts
an objection to these findings within 30
days of the date of publication of this
notice, EPA will consider holding a
public hearing to provide an opportunity
to present testimony and evidence to
show that there are issues to be
addressed through a section 209(b)
waiver determination and that EPA
should reconsider its findings.
standard is 10.7 grams per brake horsepower hour
(g/BHP-hr) and the California NOx standard is 6.0
g/BHP-hr for these years. Beginning in 1990 and for
later model years the Federal and California NOx
standard will be the same.
41238 Federal Register / Vol. 53, No. 203
EPA's decision will affect not only
persons in California but also the
manufacturers located outside the State
who must comply with California's
requirements in order to produce motor
vehicles for sale in California. For this
reason, EPA hereby determines and
finds that this decision is of nationwide
scope and effect.
This action is not a rule as defined by
section 1(a) of Executive Order 12291, 46
FR 13193 (February 19, 1981). Therefore,
it is exempt from review by the Office of
Management and Budget as required for
-rules and regulations by Executive
Order 12291. Additionally, a Regulatory
Impact Analysis is not being prepared
under Executive Order 12291, for this
"within the scope" determination since
it isnot a rule.
This action also is not a rule as
defined in the Regulatory Flexibility Act,
5 U.S.C. 601(2) et seq. because the action
is not required to undergo prior "notice
and comment" under section 553(b) of
the Administrative Procedure Act, or
any other law. Therefore, EPA has not
prepared a supporting regulatory
flexibility analysis addressing the
impact of this action on small business
entities.
Date: October 12,1988.
Don R. Clay,
Acting Assistant AdministratorforAir and
Radiation.
[FR Doc. 88-24349 Filed 10-19-88; 8:45 am]
BILUNG CODE 6560-50-M
[PF-506; FRL-3465-71
Pesticide Tolerance Petitions; Mobay
Corp. et al.
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: This notice announces the
filing of pesticide petitions proposing the
establishment of tolerances and/or
regulations for residues of certain
pesticide chemicals in or on certain
agricultural commodities.
ADDRESS: By mail, submit written
comments to:
Public Docket and Freedom of
Information Section, Field Operations
Division (TS-787C), Office of Pesticide
Programs, Environmental Protection
Agency, 401 M Street SW.,
Washington, DC 20460.
In person, bring comments to: Rm. 246,
CM #2, 1921 Jefferson Davis Highway,
Arlington, VA 22202.
Information submitted as a comment
concerning this notice may be claimed
confidential by marking any part or all
of that information as "Confidential
/Thursday, October 20, 1988 / Notices
Business Information" (CBI).
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR Part 2. A
copy of the comment that does not
contain CBI must be submitted for
inclusion in the public record.
Information not marked confidential
may be disclosed publicly by EPA
without prior notice. All written
comments will be available for public
inspection in Rm. 246 at the address
given above, from 8 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays.
FOR FURTHER INFORMATION CONTACT.
By mail: Registration Division (TS-
767C), Attention: Product Manager (PM)
named in the petition, Environmental
Protection Agency, Office of Pesticide
Programs, 401 M Street SW.,
Washington, DC 20460.
In person, contact the PM named in
each petition at the following office
location/telephone number:.
Office location/ Address
Product manager telephone number
Dennis Edwards Rm. 202, CM #2, -Do--
(PM 12). 703-557-2386.
Lois Rossi (PM 21).. Rm. 227, CM #2, -Do-
703-557-1900.
Robert Taylor (PM Rm. 245, CM #2, -Do-
25). 703-557-1800.
SUPPLEMENTARY INFORMATION: EPA has
received pesticide (PP) and/or food and
feed additive (FAP) petitions as follows
proposing the establishment and/or
amendment of tolerances or regulations
for residues of certain pesticide
chemicals in or on certain agricultural
commodities.
Initial Filings
1. PP8F3683. Mobay Corp.,
Agricultural Chemicals Division, P.O.
Box 4913, Hawthorn Rd., Kansas City,
MO 64120, proposes to amend 40 CFR
180.332 by establishing a regulation to
permit the residues of the herbicide 4-
amino-6-(1,1-dimethylethyl)-3-
(methylthio)-1,2,4-triazin-5(4H)-one and
its triazinone metabolites in or on
alfalfa, seed at 0.1 part per million
(ppm), alfalfa chaff at 1.0 ppm,
asparagus at 0.1 ppm, barley, forage at
2.0 ppm, barley, hay at 7.0 ppm, corn,
silage at 0.1 ppm, corn, fresh, cannery
waste at 0.1 ppm, pea, straw at 4.0 ppm,
and wheat, hay at 7.0 ppm. The
proposed analytical method for
determining residues is gas
chromatography. (PM 25).
2. PP8F3684.,Uniroyal Chemical Co.,
Inc., 74 Amity Rd., Bethany, CT 06525,
proposes to amend 40 CFR 180.246 by
establishing a regulation to permit the
residues of the plant growth regulator
daminozide (butanedioic acid mono 2,2-
dimethylhydrazide) in or on apples at 20
ppm. The'propo'sed analytical method
for determining residues is gas
chromatography-mass spectrometry.
(PM-25).
3. PP8F3689. Rhone-Poulenc Ag Co.,
P.O. Box 12014, 2 T.W. Alexander Drive,
Research Triangle Park, NC 27709,
proposes to amend 40 CFR 180.415 by
establishing a regulation to permit the
residues of the fungicide aluminum tris
(O-ethyl phosphonate) in or on pome
fruit at 10.0 ppm. The proposed
analytical method for determining
residues is gas chromatography. (PM 21).
4. FAP 8H5563. Mobay Corp.,
Agricultural Chemicals Div., P.O. Box
4913, Hawthorn Rd., Kansas City, MO
64120-0013, proposes to amend 40 CFR
180.250 and 186.250 by establishing a
regulation to permit the residues of the
herbicide 4-amino-6-(1,1-dimethylethyl)-
3-(methylthio)-1,2,4-triazin-5(4H)-one
and its triazinone metabolites in or on
tomato, processed products at 0.2 ppm
and sugarcane, molasses at 2.0 ppm.
(PM 25).
5. FAP8H5565.Nor-Am Chemical Co.,
3509 Silverside Rd., P.O. Box 7495,
Wilmington, DE 19803, proposes to
amend 40 CFR Part 185 and 40 CFR
186.425 by establishing a regulation to
permit the residues of the insecticide
clofentezine, 3,5-bis(2-
chlorophenyl)1,2,4,5-tetrazine in or on
raisin waste at 3.0 ppm, grape pomace
(dry) at 1.5 ppm, milk at 0.01 ppm, and
meat, fat, and meat byproducts of cattle,
goats, hogs, horses, and sheep at 0.05
ppm. (PM 12).
6. FAP 8H5566. BASF Corp.,
Chemicals Division, 100 Cherry Hill Rd.,
Parsippany, NJ 07054, proposes to
amend 40 CFR Part 185 by establishing a
regulation to permit the residues of the
fungicide 3-(3,5-dichloro-phenyl)-5-
ethenyl-5-methyl-2,4-oxazolidinedione
and its metabolites containing the 3,5-
dichloroaniline moiety in or on tomato
paste at 6.0 ppm. (PM 21).
7. FAP8H5567. Rhone Poulenc Ag Co.,
P.O. Box 12014, 2 T.W. Alexander Drive,
Research Triangle Park, NC 27790,
proposes to amend 40 CFR Parts 185 and
186 by establishing a regulation to
permit the residues of the fungicide
aluminum tris (O-ethyl phosphonate) in
or on pome fruit juice at 12 ppm and
pome fruit pomace (wet and dry) at 12
ppm. (PM 21).
Authority: 7 U.S.C. 136a.