Extension of Time-Limited Tolerances for Emergency Exemptions (Multiple Chemicals, Various Commodities), 5575-5578 [2020-00826]
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Rules and Regulations
V operating permitted sources, under
the authority in 22a–174–9 of the
Regulations of the Connecticut State
Agencies (RCSA). This delegation
mechanism was approved in a letter
dated September 30, 1982 from EPA
Region 1 to CT DEEP, was confirmed in
a letter dated December 22, 1994 from
EPA Region 1 to CT DEEP, and was
again confirmed in a letter dated
November 8, 2018 from CT DEEP to
EPA. This MOA reconfirms this
delegation mechanism for part 60 NSPS
and part 61 NESHAPs. In addition, this
MOA revises the procedures and
conditions of delegation contained in
the September 30, 1982 letter.
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II. Procedures for Delegation
1. EPA Region 1 will provide an
annual letter to CT DEEP with a
checklist identifying the newly
promulgated part 60 NSPS, part 61
NESHAPs, and part 63 NESHAPs
standards and amendments to standards
which have been previously delegated.
2. CT DEEP will complete the
checklist and return it to EPA Region 1
within 60 days of receipt of the
checklist. For each standard, CT DEEP
will indicate whether there are any
affected sources in the State.
3. CT DEEP will complete the
checklist to indicate whether CT DEEP
requests delegation of part 60 NSPS,
part 61 NESHAPs, and part 63
NESHAPs standards for affected sources
subject to the Title V operating permit
program. Delegation of a standard for a
source subject to a Title V operating
permit occurs upon issuance of the Title
V operating permit incorporating the
applicable standards for affected
sources.
4. CT DEEP will complete the
checklist to indicate which new part 60
NSPS and part 61 NESHAPs standards,
if any, for which the CT DEEP is
requesting delegation for all sources.
5. Amendments to standards
previously delegated will be
automatically delegated, unless CT
DEEP declines delegation in writing to
EPA Region 1 within 60 days of receipt
of the annual checklist.
6. Upon receipt of the completed
checklist, EPA Region 1 will issue a
letter to the CT DEEP confirming
delegation of the federal standards.
7. EPA Region 1 will develop and
maintain a list of delegated NSPS and
NESHAPs on the EPA Region 1 website.
III. Conditions of Delegation
1. CT DEEP will assume primary
responsibility for enforcement of
delegated NSPS and NESHAPs.
2. CT DEEP will not grant a variance
from compliance with applicable
VerDate Sep<11>2014
15:45 Jan 30, 2020
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emission standards of NSPS and
NESHAPs.
3. CT DEEP will communicate with
EPA Region 1 to keep each office fully
informed regarding the current
compliance status of subject sources in
Connecticut and interpretation of
applicable regulations.
4. CT DEEP will require all NSPS and
NESHAPs sources to adhere to the
reporting, monitoring, and
recordkeeping requirements specified in
the NSPS and NESHAPs, except as may
be modified through Title V
streamlining or other approvals. CT
DEEP will describe any Title V
streamlining or alternatives to reporting,
monitoring, and recordkeeping in the
Title V Technical Support Document or
in documentation concerning approvals
for modifications of reporting,
monitoring and recordkeeping for nonTitle V sources.
5. CT DEEP will issue applicability
determinations that are routine in
nature and will forward to EPA Region
1 any applicability questions that are
unique or unusually complex. EPA
Region 1 will provide technical
assistance as necessary to the CT DEEP.
6. EPA delegates only the authority to
approve minor or intermediate
alternatives to test methods and
monitoring.1 EPA retains the authority
to approve major alternatives to test
methods and monitoring. CT DEEP must
maintain a record of all approved
alternatives to all monitoring, testing,
recordkeeping, and reporting
requirements and provide this list of
alternatives to EPA Region 1 at least
semi-annually.
7. CT DEEP will follow the process
identified in 40 CFR 63.96(b) for
returning delegation of part 61
NESHAPs or part 63 NESHAPs
standards. CT DEEP will notify EPA
Region 1 in writing if CT DEEP intends
to return delegation of any part 60 NSPS
and will coordinate with EPA Region 1
on the process required for returning
delegation of a part 60 NSPS standard.
8. CT DEEP will coordinate with EPA
Region 1 on the process required in the
event CT DEEP intends to pursue partial
delegation of part 60 NSPS, part 61
1 Forty CFR part 63 subpart E, section 63. 91(g)
specifies the part 63 subpart A authorities which
may be delegated. In addition, the EPA document
titled ‘‘How to Review and Issue Clean Air Act
Applicability Determinations and Alternative
Monitoring’’ (EPA 305–B–99–004, February 1999)
specifies that EPA may delegate the authority to
issue minor or intermediate alternatives to test
methods and monitoring for part 60 NSPS and part
61 NESHAPs. This guidance document and 40 CFR
63.90 provide definitions of minor, intermediate,
and major alternatives to test methods and
monitoring.
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5575
NESHAPs, or part 63 NESHAPs
standards.
9. If the EPA Regional Administrator
determines that CT DEEP is not
adequately implementing or enforcing
NSPS or NESHAPs, the Regional
Administrator may revoke delegation of
NSPS or NESHAPs in whole or part.
V. Signatures
For the United States, United States
Environmental Protection Agency,
Region 1
Dennis Deziel, Regional
Administrator, October 2, 2019
For the State of Connecticut,
Department of Energy and
Environmental Protection
Katherine S. Dykes, Commissioner,
September 10, 2019
This document informs the public of
EPA Region 1 and CT DEEP’s October 2,
2019 Memorandum of Agreement for
delegation of NSPS and NESHAPs. In
addition, as specified in the October 2,
2019 MOA, EPA Region 1 has
developed and will maintain a list of
NSPS and NESHAP standards delegated
to CT DEEP, available on the https://
www.epa.gov/caa-permitting/eparegion-1-state-delegations-federal-newsource-performance-standard-nsps-and
website. The list of delegated standards,
the October 2, 2019 MOA, and
accompanying letters exchanged
between EPA Region 1 and CT DEEP are
also available in the public docket for
this action identified in the ADDRESSES
section above.
List of Subjects in 40 CFR Parts 60, 61,
and 63
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: January 15, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
[FR Doc. 2020–01112 Filed 1–30–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2019–0653; FRL–10002–88]
Extension of Time-Limited Tolerances
for Emergency Exemptions (Multiple
Chemicals, Various Commodities)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Rules and Regulations
This regulation extends timelimited tolerances for residues of five
pesticides on various commodities, as
identified in this document. These
actions are in response to EPA’s
granting of emergency exemptions
under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA)
authorizing use of these pesticides. In
addition, the Federal Food, Drug, and
Cosmetic Act (FFDCA) requires EPA to
establish a time-limited tolerance or
exemption from the requirement for a
tolerance for pesticide chemical
residues in food that will result from the
use of a pesticide under an emergency
exemption granted by EPA.
DATES: This regulation is effective
January 31, 2020. Objections and
requests for hearings must be received
on or before March 31, 2020 and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0653, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael L. Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
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• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Publishing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2019–0653 in the subject line on
the first page of your submission. All
requests must be in writing, and must be
received by the Hearing Clerk on or
before March 31, 2020. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2019–0653, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting
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or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
II. Background and Statutory Findings
EPA previously published final rules
establishing time-limited tolerances in
the Federal Register for each chemical
and commodity listed under FFDCA
section 408, 21 U.S.C. 346a. EPA
established the tolerances because
FFDCA section 408(l)(6) requires EPA to
establish a time-limited tolerance or
exemption from the requirement for a
tolerance for pesticide chemical
residues in food that will result from the
use of a pesticide under an emergency
exemption granted by EPA under FIFRA
section 18. Such tolerances can be
established at EPA’s own initiative and
without providing notice or time for
public comment.
EPA received requests to extend the
emergency use of these chemicals for
this year’s growing season. After having
reviewed these submissions, EPA
concurs that emergency conditions
continue to exist. EPA assessed the
potential risks presented by residues for
each chemical in the listed
commodities. In doing so, EPA
considered the safety standard in
FFDCA section 408(b)(2) and decided
that the necessary tolerance under
FFDCA section 408(l)(6) would be
consistent with the safety standard and
with FIFRA section 18.
The data and other relevant material
have been evaluated and were discussed
in the final rules originally establishing
the time-limited tolerances. Based on
those data and information considered,
the Agency affirms that extension of
these time-limited tolerances will
continue to meet the requirements of
FFDCA section 408(l)(6). Therefore, the
time-limited tolerances are extended
until December 31, 2022. Although
these tolerances will expire and are
revoked on the date listed, under
FFDCA section 408(l)(5), residues of the
pesticides not in excess of the amounts
specified in the tolerance remaining in
or on the commodity after that date will
not be unlawful, provided the residue is
present as a result of an application or
use of a pesticide at a time and in a
manner that was lawful under FIFRA,
the tolerance was in place at the time of
the application, and the residue does
not exceed the level that was authorized
by the tolerance. EPA will take action to
revoke these tolerances earlier if any
experience with, scientific data on, or
other relevant information on these
pesticides indicate that the residues are
not safe. EPA will publish a document
in the Federal Register to remove the
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Rules and Regulations
revoked tolerances from the Code of
Federal Regulations (CFR).
Time-limited tolerances for the use of
the following pesticide chemicals on
specific commodities are being
extended:
Bifenthrin. EPA has authorized under
FIFRA section 18 the use of bifenthrin
on pomegranate for control of leaffooted plant bugs in California. This
regulation extends the time-limited
tolerance for residues of the insecticide
bifenthrin in or on pomegranate at 0.5
ppm for an additional 3-year period.
This tolerance will expire and is
revoked on December 31, 2022. The
time-limited tolerance was originally
published in the Federal Register of
December 22, 2016 (81 FR 93824) (FRL–
9954–47).
Flupyradifurone. EPA has authorized
under FIFRA section 18 the use of
flupyradifurone on sweet sorghum for
control of sugar cane aphids in
Arkansas, Georgia, Kentucky,
Mississippi, North Carolina, and
Tennessee. This regulation extends
time-limited tolerances for residues of
the insecticide flupyradifurone and its
metabolites and degradates in or on
sorghum, syrup at 90.0 ppm, and in or
on sweet sorghum, forage at 30.0 ppm
for an additional 3-year period. These
tolerances will expire and are revoked
on December 31, 2022. The time-limited
tolerances were originally published in
the Federal Register of March 10, 2017
(82 FR 13251) (FRL–9958–75).
Methoxyfenozide. EPA has authorized
under FIFRA section 18 the use of
methoxyfenozide on rice for control of
armyworms in California. This
regulation extends time-limited
tolerances for residues of the insecticide
methoxyfenozide and its metabolites
and degradates in or on rice, bran at 4.0
ppm, and in or on rice, grain at 0.50
ppm, for an additional 3-year period.
These tolerances will expire and are
revoked on December 31, 2022. The
time-limited tolerances were originally
published in the Federal Register of
May 6, 2016 (81 FR 27332) (FRL–9945–
28).
Streptomycin. EPA has authorized
under FIFRA section 18 the use of
streptomycin on citrus for control of
citrus greening disease in Florida and
California. This regulation extends timelimited tolerances for residues of the
pesticide streptomycin in or on fruit,
citrus, group 10–10 at 2.0 ppm, and
fruit, citrus group 10–10, dried pulp at
6.0 ppm, for an additional 3-year period.
These tolerances will expire and are
revoked on December 31, 2022. The
time-limited tolerances were originally
published in the Federal Register of
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March 15, 2017 (82 FR 13759) (FRL–
9957–65).
Thiabendazole. EPA has authorized
under FIFRA section 18 the use of
thiabendazole on sweet potato for
control of black rot in North Carolina.
This regulation extends the time-limited
tolerance for combined residues of the
fungicide thiabendazole and its
metabolite benzamidazole in or on
sweet potato at 10 ppm for an additional
3-year period. This tolerance will expire
and is revoked on December 31, 2022.
The time-limited tolerance was
originally published in the Federal
Register of September 22, 2016 (81 FR
65289) (FRL–9950–05).
III. International Residue Limits
In making its tolerance decisions, EPA
seeks to harmonize U.S. tolerances with
international standards whenever
possible, consistent with U.S. food
safety standards and agricultural
practices. EPA considers the
international maximum residue limits
(MRLs) established by the Codex
Alimentarius Commission (Codex), as
required by FFDCA section 408(b)(4).
The Codex Alimentarius is a joint
United Nations Food and Agriculture
Organization/World Health
Organization food standards program,
and it is recognized as an international
food safety standards-setting
organization in trade agreements to
which the United States is a party. EPA
may establish a tolerance that is
different from a Codex MRL; however,
FFDCA section 408(b)(4) requires that
EPA explain the reasons for departing
from the Codex level.
The Codex has not established MRLs
for the commodities in this action for
bifenthrin, flupyradifurone,
methoxyfenozide, streptomycin, or
thiabendazole.
IV. Statutory and Executive Order
Reviews
This action establishes tolerances
under FFDCA sections 408(e) and
408(l)(6). The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This action does not
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5577
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established under FFDCA sections
408(e) and 408(l)(6), such as the
tolerances in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or tribal governments, on the
relationship between the National
Government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
V. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA has
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 United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
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Federal Register / Vol. 85, No. 21 / Friday, January 31, 2020 / Rules and Regulations
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: December 13, 2019.
Michael Goodis,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.242(b):
a. Remove ‘‘the following table,’’
‘‘below,’’ and ‘‘the table’’ and add in
their places ‘‘table 3 to this paragraph
(b),’’ ‘‘in table 3 to this paragraph (b),’’
and ‘‘table 3 to this paragraph (b),’’
respectively, in the introductory text;
and
■ b. Revise the table.
The revision reads as follows:
■
■
§ 180.242 Thiabendazole; tolerances for
residues.
*
TABLE 3 TO PARAGRAPH (b)
Commodity
Parts per
million
Expiration/
revocation
date
Sweet potato .....
10
12/31/22
*
*
*
*
*
3. In § 180.245, revise the entries for
‘‘Fruit, citrus, group 10–10’’ and ‘‘Fruit,
citrus, group 10–10, dried pulp’’ in the
table in paragraph (b) to read as follows:
■
§ 180.245 Streptomycin; tolerances for
residues.
*
*
*
(b) * * *
*
*
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Fruit, citrus,
group 10–10 ..
Fruit, citrus,
group 10–10,
dried pulp ......
*
*
Expiration/
revocation
date
Parts per
million
Commodity
2.0
12/31/22
6.0
12/31/22
*
*
*
*
*
*
*
*
4. In § 180.442, revise the entry for
‘‘Pomegranate’’ in the table in paragraph
(b) to read as follows:
■
VerDate Sep<11>2014
*
*
Commodity
Parts per
million
*
*
Pomegranate ....
*
0.50
*
*
*
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
Expiration/
revocation
date
*
*
12/31/22
[EPA–HQ–SFUND–1986–0005; FRL–10004–
87–Region 8]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Idaho Pole Co.
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
*
5. In § 180.544(b):
a. Remove ‘‘the table below’’ and ‘‘the
following table’’ and add in their places
‘‘table 3 to this paragraph (b)’’ in the
introductory text; and
■ b. Revise the table.
The revision reads as follows:
■
1. The authority citation for part 180
continues to read as follows:
*
*
*
(b) * * *
■
■
*
*
(b) * * *
*
*
PART 180—[AMENDED]
*
§ 180.442 Bifenthrin; tolerances for
residues.
The Environmental Protection
Agency (EPA) Region 8 announces the
deletion of the surface and unsaturated
subsurface soils outside of the 4.5 acre
Treated Soils Area of the Idaho Pole Co.
Superfund Site (Site) located in
Bozeman, Montana from the National
§ 180.544 Methoxyfenozide; tolerances for Priorities List (NPL). The NPL,
residues.
promulgated pursuant to section 105 of
the Comprehensive Environmental
*
*
*
*
*
Response, Compensation, and Liability
(b) * * *
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
TABLE 3 TO PARAGRAPH (b)
Hazardous Substances Pollution
Contingency Plan (NCP). This partial
Expiration/
deletion pertains to the surface and
Parts
per
Commodity
revocation
million
unsaturated subsurface soils remedy
date
component outside of the 4.5 acre
Rice, bran .........
4.0
12/31/22 Treated Soils Area of the Idaho Pole
Rice, grain ........
0.50
12/31/22 Company Superfund Site. The
groundwater, sediments and saturated
subsurface soils are being addressed as
*
*
*
*
*
part of the groundwater remedy
■ 6. In § 180.679(b):
component and are not being
considered for deletion as part of this
■ a. Remove ‘‘the table below,’’ ‘‘the
action. The EPA and the State of
table,’’ and ‘‘the following table’’ and
Montana, through the Department of
add in their places ‘‘table 2 to this
Environmental Quality (DEQ), have
paragraph (b)’’ in the introductory text;
determined that all appropriate
and
response actions under CERCLA, other
■ b. Revise the table.
than operation and maintenance,
The revision reads as follows:
monitoring-and five-year reviews, have
been completed. However, the deletion
§ 180.679 Flupyradifurone; tolerances for
of the surface and unsaturated surface
residues.
soils outside of the 4.5 acre Treated
*
*
*
*
*
Soils Area does not preclude future
actions under Superfund.
(b) * * *
DATES: This action is effective January
TABLE 2 TO PARAGRAPH (b)
31, 2020.
ADDRESSES: EPA has established a
Expiration/
docket for this action under Docket
Parts per
Commodity
revocation
Identification No. EPA–HQ–SFUND–
million
date
1986–0005. All documents in the docket
Sorghum, syrup
90.0
12/31/22 are listed on the https://
www.regulations.gov website. Although
Sweet sorghum,
forage ............
30.0
12/31/22 listed in the index, some information is
not publicly available, i.e., Confidential
Business Information or other
*
*
*
*
*
information whose disclosure is
[FR Doc. 2020–00826 Filed 1–30–20; 8:45 am]
restricted by statute. Certain other
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is not placed on the internet and will be
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[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Rules and Regulations]
[Pages 5575-5578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00826]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2019-0653; FRL-10002-88]
Extension of Time-Limited Tolerances for Emergency Exemptions
(Multiple Chemicals, Various Commodities)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 5576]]
SUMMARY: This regulation extends time-limited tolerances for residues
of five pesticides on various commodities, as identified in this
document. These actions are in response to EPA's granting of emergency
exemptions under the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) authorizing use of these pesticides. In addition, the
Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish
a time-limited tolerance or exemption from the requirement for a
tolerance for pesticide chemical residues in food that will result from
the use of a pesticide under an emergency exemption granted by EPA.
DATES: This regulation is effective January 31, 2020. Objections and
requests for hearings must be received on or before March 31, 2020 and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2019-0653, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OPP
Docket is (703) 305-5805. Please review the visitor instructions and
additional information about the docket available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (703) 305-7090; email 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 an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
B. How can I get electronic access to other related information?
You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Publishing Office's e-CFR site at
https://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2019-0653 in the subject line on the first
page of your submission. All requests must be in writing, and must be
received by the Hearing Clerk on or before March 31, 2020. Addresses
for mail and hand delivery of objections and hearing requests are
provided in 40 CFR 178.25(b).
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2019-0653, by one of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.
II. Background and Statutory Findings
EPA previously published final rules establishing time-limited
tolerances in the Federal Register for each chemical and commodity
listed under FFDCA section 408, 21 U.S.C. 346a. EPA established the
tolerances because FFDCA section 408(l)(6) requires EPA to establish a
time-limited tolerance or exemption from the requirement for a
tolerance for pesticide chemical residues in food that will result from
the use of a pesticide under an emergency exemption granted by EPA
under FIFRA section 18. Such tolerances can be established at EPA's own
initiative and without providing notice or time for public comment.
EPA received requests to extend the emergency use of these
chemicals for this year's growing season. After having reviewed these
submissions, EPA concurs that emergency conditions continue to exist.
EPA assessed the potential risks presented by residues for each
chemical in the listed commodities. In doing so, EPA considered the
safety standard in FFDCA section 408(b)(2) and decided that the
necessary tolerance under FFDCA section 408(l)(6) would be consistent
with the safety standard and with FIFRA section 18.
The data and other relevant material have been evaluated and were
discussed in the final rules originally establishing the time-limited
tolerances. Based on those data and information considered, the Agency
affirms that extension of these time-limited tolerances will continue
to meet the requirements of FFDCA section 408(l)(6). Therefore, the
time-limited tolerances are extended until December 31, 2022. Although
these tolerances will expire and are revoked on the date listed, under
FFDCA section 408(l)(5), residues of the pesticides not in excess of
the amounts specified in the tolerance remaining in or on the commodity
after that date will not be unlawful, provided the residue is present
as a result of an application or use of a pesticide at a time and in a
manner that was lawful under FIFRA, the tolerance was in place at the
time of the application, and the residue does not exceed the level that
was authorized by the tolerance. EPA will take action to revoke these
tolerances earlier if any experience with, scientific data on, or other
relevant information on these pesticides indicate that the residues are
not safe. EPA will publish a document in the Federal Register to remove
the
[[Page 5577]]
revoked tolerances from the Code of Federal Regulations (CFR).
Time-limited tolerances for the use of the following pesticide
chemicals on specific commodities are being extended:
Bifenthrin. EPA has authorized under FIFRA section 18 the use of
bifenthrin on pomegranate for control of leaf-footed plant bugs in
California. This regulation extends the time-limited tolerance for
residues of the insecticide bifenthrin in or on pomegranate at 0.5 ppm
for an additional 3-year period. This tolerance will expire and is
revoked on December 31, 2022. The time-limited tolerance was originally
published in the Federal Register of December 22, 2016 (81 FR 93824)
(FRL-9954-47).
Flupyradifurone. EPA has authorized under FIFRA section 18 the use
of flupyradifurone on sweet sorghum for control of sugar cane aphids in
Arkansas, Georgia, Kentucky, Mississippi, North Carolina, and
Tennessee. This regulation extends time-limited tolerances for residues
of the insecticide flupyradifurone and its metabolites and degradates
in or on sorghum, syrup at 90.0 ppm, and in or on sweet sorghum, forage
at 30.0 ppm for an additional 3-year period. These tolerances will
expire and are revoked on December 31, 2022. The time-limited
tolerances were originally published in the Federal Register of March
10, 2017 (82 FR 13251) (FRL-9958-75).
Methoxyfenozide. EPA has authorized under FIFRA section 18 the use
of methoxyfenozide on rice for control of armyworms in California. This
regulation extends time-limited tolerances for residues of the
insecticide methoxyfenozide and its metabolites and degradates in or on
rice, bran at 4.0 ppm, and in or on rice, grain at 0.50 ppm, for an
additional 3-year period. These tolerances will expire and are revoked
on December 31, 2022. The time-limited tolerances were originally
published in the Federal Register of May 6, 2016 (81 FR 27332) (FRL-
9945-28).
Streptomycin. EPA has authorized under FIFRA section 18 the use of
streptomycin on citrus for control of citrus greening disease in
Florida and California. This regulation extends time-limited tolerances
for residues of the pesticide streptomycin in or on fruit, citrus,
group 10-10 at 2.0 ppm, and fruit, citrus group 10-10, dried pulp at
6.0 ppm, for an additional 3-year period. These tolerances will expire
and are revoked on December 31, 2022. The time-limited tolerances were
originally published in the Federal Register of March 15, 2017 (82 FR
13759) (FRL-9957-65).
Thiabendazole. EPA has authorized under FIFRA section 18 the use of
thiabendazole on sweet potato for control of black rot in North
Carolina. This regulation extends the time-limited tolerance for
combined residues of the fungicide thiabendazole and its metabolite
benzamidazole in or on sweet potato at 10 ppm for an additional 3-year
period. This tolerance will expire and is revoked on December 31, 2022.
The time-limited tolerance was originally published in the Federal
Register of September 22, 2016 (81 FR 65289) (FRL-9950-05).
III. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
The Codex has not established MRLs for the commodities in this
action for bifenthrin, flupyradifurone, methoxyfenozide, streptomycin,
or thiabendazole.
IV. Statutory and Executive Order Reviews
This action establishes tolerances under FFDCA sections 408(e) and
408(l)(6). The Office of Management and Budget (OMB) has exempted these
types of actions from review under Executive Order 12866, entitled
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993).
Because this action has been exempted from review under Executive Order
12866, this action is not subject to Executive Order 13211, entitled
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) or Executive
Order 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This
action does not contain any information collections subject to OMB
approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et
seq.), nor does it require any special considerations under Executive
Order 12898, entitled ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'' (59 FR
7629, February 16, 1994).
Since tolerances and exemptions that are established under FFDCA
sections 408(e) and 408(l)(6), such as the tolerances in this final
rule, do not require the issuance of a proposed rule, the requirements
of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not
apply.
This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the National Government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).
V. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA has 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 United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
[[Page 5578]]
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: December 13, 2019.
Michael Goodis,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. In Sec. 180.242(b):
0
a. Remove ``the following table,'' ``below,'' and ``the table'' and add
in their places ``table 3 to this paragraph (b),'' ``in table 3 to this
paragraph (b),'' and ``table 3 to this paragraph (b),'' respectively,
in the introductory text; and
0
b. Revise the table.
The revision reads as follows:
Sec. 180.242 Thiabendazole; tolerances for residues.
* * * * *
(b) * * *
Table 3 to Paragraph (b)
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Sweet potato................................ 10 12/31/22
------------------------------------------------------------------------
* * * * *
0
3. In Sec. 180.245, revise the entries for ``Fruit, citrus, group 10-
10'' and ``Fruit, citrus, group 10-10, dried pulp'' in the table in
paragraph (b) to read as follows:
Sec. 180.245 Streptomycin; tolerances for residues.
* * * * *
(b) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Fruit, citrus, group 10-10.................... 2.0 12/31/22
Fruit, citrus, group 10-10, dried pulp........ 6.0 12/31/22
* * * * *
------------------------------------------------------------------------
* * * * *
0
4. In Sec. 180.442, revise the entry for ``Pomegranate'' in the table
in paragraph (b) to read as follows:
Sec. 180.442 Bifenthrin; tolerances for residues.
* * * * *
(b) * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
* * * * *
Pomegranate................................. 0.50 12/31/22
------------------------------------------------------------------------
* * * * *
0
5. In Sec. 180.544(b):
0
a. Remove ``the table below'' and ``the following table'' and add in
their places ``table 3 to this paragraph (b)'' in the introductory
text; and
0
b. Revise the table.
The revision reads as follows:
Sec. 180.544 Methoxyfenozide; tolerances for residues.
* * * * *
(b) * * *
Table 3 to Paragraph (b)
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Rice, bran.................................... 4.0 12/31/22
Rice, grain................................... 0.50 12/31/22
------------------------------------------------------------------------
* * * * *
0
6. In Sec. 180.679(b):
0
a. Remove ``the table below,'' ``the table,'' and ``the following
table'' and add in their places ``table 2 to this paragraph (b)'' in
the introductory text; and
0
b. Revise the table.
The revision reads as follows:
Sec. 180.679 Flupyradifurone; tolerances for residues.
* * * * *
(b) * * *
Table 2 to Paragraph (b)
------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Sorghum, syrup................................ 90.0 12/31/22
Sweet sorghum, forage......................... 30.0 12/31/22
------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-00826 Filed 1-30-20; 8:45 am]
BILLING CODE 6560-50-P
