[Federal Register Volume 65, Number 186 (Monday, September 25, 2000)]
[Proposed Rules]
[Pages 57585-57586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24209]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 152 and 156
[OPP-250129; FRL-6747-1]
RIN 2070-AC46
Ground Water Pesticide Management Rule; Notification to the
Secretary of Agriculture
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notification to the Secretary of Agriculture.
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SUMMARY: This document notifies the public that the Administrator of
EPA has forwarded to the Secretary of Agriculture a draft final rule
under section 25(a) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). The draft final rule establishes a program
whereby States and Tribes will develop and implement plans to manage
the use of pesticides determined to leach to ground water. The rule
also identifies four pesticides of concern to be managed under this
program initially. The four pesticides can continue to be used if
States and Tribes develop plans which will ensure they do not leach to
ground water at concentrations that may be harmful to human health and
the environment.
The rule designates the four chemicals as Restricted Use pesticides
under section 3(d)(1)(C) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). The restriction prohibits all outdoor use of
the pesticides unless used in accordance with a Pesticide Management
Plan (PMP) developed by States and Tribes and approved by EPA. If a
State or Tribe fails to submit or obtain approval of its PMP by a date
36 months from the effective date of the Rule, users in that State or
Tribal land are prohibited from using the pesticide.
FOR FURTHER INFORMATION CONTACT: By mail: Arthur Jean B. Williams,
Field and External Affairs Division (7506C), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (703) 305-5239; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are involved
in the production, sale, use, or regulation of one or more of the four
chemicals or formulations specified in this regulation. Potentially
affected categories and entities may include, but are not limited to:
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Examples of
Categories NAICS codes potentially
affected entities
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Producers 32532 Pesticide
Registrants;
Pesticide
Formulators
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Distributors 444 Farm Supplies
Retail, Lawn and
Garden Supply
Stores, Farm
Supplies Wholesale
Regulators 921 State Legislative
and Executive
Bodies
92115 Tribal Governments
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Users 111 Crop Production
(Growers)
56171 Lawn Pesticide
Applicators
71391 Golf Course
Applicators
81411 Homeowners
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This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in the table could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether or not this action might apply to certain entities. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Get Additional Information, Including Copies of this
Document and Other Related Documents?
1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations, '' ``Regulations and Proposed Rules,'' and then look up
the entry for this document under the ``Federal Register --
Environmental Documents.'' You can also go directly to the Federal
Register listings at http://www.epa.gov/fedrgstr/.
2. In person. The Agency has established an official record for
this action under docket control number OPP-250129. The official record
consists of the documents specifically referenced in this action, and
other information related to this action found in docket numbers 0PP-
36190 and 36190A, including any information claimed as Confidential
Business Information (CBI). This official record includes the documents
that are physically located in the docket, as well as the documents
that are referenced in those documents. The public version of the
official record does not include any information claimed as CBI. The
public version of the official record, which
[[Page 57586]]
includes printed, paper versions of any electronic comments submitted
during an applicable comment period is available for inspection in the
Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
PIRIB telephone number is (703) 305-5805.
II. What Action is EPA Taking?
Section 25(a)(2) of FIFRA provides that the Administrator must
provide the Secretary of Agriculture with a copy of any regulation at
least 30 days before signing it for publication in the Federal
Register. The draft final rule is not available to the public until
after it has been signed by EPA. If the Secretary comments in writing
regarding the draft final rule within 15 days after receiving it, the
Administrator shall include in the final rule when published in the
Federal Register the comments of the Secretary and the Administrator's
response to those comments. If the Secretary does not comment in
writing within 15 days after receiving the draft final rule, the
Administrator may sign the final rule for publication in the Federal
Register anytime after the 15-day period.
III. Do Any Regulatory Assessment Requirements Apply to this
Notification?
No. This document is not a rule, merely a notification of
submission to the Secretary of Agriculture. As such, none of the
regulatory assessment requirements apply to this document.
IV. Will EPA Submit this Notification to Congress and the
Comptroller General?
No. This action is not a rule for purposes of the Congressional
Review Act (CRA), 5 U.S.C. 804(3), and will not be submitted to
Congress and the Comptroller General. EPA will submit the final rule to
Congress and the Comptroller General as required by the CRA.
List of Subjects in Parts 152 and 156
Environmental protection, Administrative Practice and Procedure,
Environmental Protection Agency, Labeling, Occupational Safety and
Health, Pesticides and Pests, Reporting and Recordkeeping Requirements
Dated: September 13, 2000
Joseph Merenda,
Acting Director, Office of Pesticide Programs.
[FR Doc. 00-24209 Filed 9-22-00; 8:45 am]
BILLING CODE 6560-50-S