[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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------

    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