Extension of Tolerances for Emergency Exemptions; Multiple Chemicals, 8700-8704 [2021-02512]

Download as PDF 8700 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations requirements of the CAA and 40 CFR 60.23(b) and 62.06. B. Submission to Congress and the Comptroller General III. Statutory and Executive Order Reviews The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action 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. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). khammond on DSKJM1Z7X2PROD with RULES A. General Requirements EPA’s role with regard to negative declarations for designated facilities received by EPA from states is to notify the public of the receipt of such negative declarations and revise 40 CFR part 62 accordingly. This action approves the state’s negative declaration as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). VerDate Sep<11>2014 16:18 Feb 08, 2021 Jkt 253001 C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 12, 2021. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action, approving a negative declaration submitted by MDE stating that there are no Sewage Sludge Incineration (SSI) units in the state of Maryland subject to sections 111(d) and 129 of the CAA, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 62 Environmental protection, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements, Sewage sludge incineration units. Dated: February 3, 2021. Diana Esher, Acting Regional Administrator, Region III. For the reasons stated in the preamble, the EPA amends 40 CFR part 62 as follows: PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS 1. The authority citation for part 62 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Subpart V—Maryland 2. Add an undesignated center heading and § 62.4690 to read as follows: ■ Air Emissions From Existing Sewage Sludge Incinerators (SSI)—Section 111(d)/129 Federal Plan Delegations § 62.4690 Identification of plan—negative declaration. Letter from the State of Maryland, Department of the Environment, submitted April 3, 2020, certifying that there are no existing sewage sludge incineration units within the State of Maryland that are subject to 40 CFR part 60, subpart MMMM. [FR Doc. 2021–02617 Filed 2–8–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2020–0568; FRL–10017–55] Extension of Tolerances for Emergency Exemptions; Multiple Chemicals Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation extends timelimited tolerances for residues of the pesticides clothianidin, methyl bromide, and triclopyr in or 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. Additionally, EPA is removing time-limited tolerances for flonicamid on prickly pear, fruit and pads at 1.5 ppm because this exemption will not be renewed, and the tolerances will expire by the effective date of this rule. EPA is also making non-substantive administrative revisions to the tolerance listings for methyl bromide to update the commodity terminology. DATES: This regulation is effective February 9, 2021. Objections and requests for hearings must be received on or before April 12, 2021 and must be filed in accordance with the instructions SUMMARY: E:\FR\FM\09FER1.SGM 09FER1 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations 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–2020–0568, 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. Due to the public health concerns related to COVID–19, the EPA Docket Center (EPA/DC) and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, 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: I. General Information khammond on DSKJM1Z7X2PROD with RULES 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= VerDate Sep<11>2014 16:18 Feb 08, 2021 Jkt 253001 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–2020–0568 in the subject line on the first page of your submission. All objections and requests must be in writing and must be received by the Hearing Clerk on or before April 12, 2021. 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– 2020–0568, 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/where-sendcomments-epa-dockets. 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 the chemicals and commodities listed, below, 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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 8701 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 emergency uses of clothianidin, methyl bromide, and triclopyr 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 pertinent 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 reaffirms 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, 2023. Although these tolerances will expire and are revoked on December 31, 2023, under FFDCA section 408(l)(5), residues of the pesticide not in excess of the amounts specified in the tolerances remaining in or on the commodities 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 this pesticide indicate that the residues are not safe. EPA will publish a document in the Federal Register to remove the 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: Clothianidin. EPA has authorized under FIFRA section 18 the use of clothianidin on citrus for control of the Asian citrus psyllid in Florida and Texas. This regulation extends a timelimited tolerance for residues of the insecticide clothianidin and its E:\FR\FM\09FER1.SGM 09FER1 khammond on DSKJM1Z7X2PROD with RULES 8702 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations metabolites and degradates in or on fruit, citrus, group 10–10 at 0.07 parts per million (ppm) for an additional 3year period. This tolerance will expire and is revoked on December 31, 2023. The time-limited tolerance was originally published in the Federal Register of February 25, 2015 (80 FR 10003) (FRL–9919–59). Methyl bromide. Pursuant to a request by the US Department of Agriculture, Animal and Plant Health Inspection Service, EPA has authorized under FIFRA section 18 the use of methyl bromide on certain imported and domestic commodities, post-harvest for control of invasive non-indigenous quarantine plant pests and to prevent the introduction and/or spread of any new or recently introduced foreign pests to the United States. This regulation extends time-limited tolerances for residues of the pesticide methyl bromide, including its metabolites and degradates, in or on the commodities identified in 40 CFR 180.124(b) (and listed in the regulatory text section of this document) at the levels listed for an additional 3-year period. The tolerances will expire and are revoked on December 31, 2023. The time-limited tolerances were originally published in the Federal Register of March 1, 2018 (83 FR 8758) (FRL–9971–19) and October 16, 2020 (85 FR 65729) (FRL– 10014–31). In addition to extending these tolerances, EPA is making several nonsubstantive revisions to 40 CFR 180.124(b). Entries for avocado, banana, longan, lychee, pomegranate, rambutan, and Spanish lime are deleted, because these commodities are included in Tropical and subtropical fruits, inedible peel, group 24. This regulation also revises certain commodity terms for consistency with current crop groups and commodity vocabulary as follows: ‘‘Tropical and subtropical fruits, edible peel, group 23’’ will now read ‘‘Fruit, tropical and subtropical, edible peel, group 23’’; ‘‘Tropical and subtropical fruits, inedible peel, group 24’’ will now read ‘‘Fruit, tropical and subtropical, inedible peel, group 24’’; and ‘‘Stalk, stem and leaf petiole vegetables, group 22’’ will now read ‘‘Vegetables, stalk, stem and leaf petiole, group 22’’. None of the revisions discussed in this paragraph change the amount of methyl bromide residues permitted on any commodity. Triclopyr. EPA has authorized under FIFRA section 18 the use of triclopyr on sugarcane for control of divine nightshade (Solanum nigresens) in Louisiana. This regulation extends a time-limited tolerance for residues of the herbicide triclopyr and its VerDate Sep<11>2014 16:18 Feb 08, 2021 Jkt 253001 metabolites and degradates in or on sugarcane, cane at 40 ppm for an additional 3-year period. The tolerance will expire and is revoked on December 31, 2023. A time-limited tolerance was originally published in the Federal Register of June 8, 2017 (82 FR 26599) (FRL–9961–29). The time-limited tolerances are being removed at 40 CFR 180.613(b) for residues of the insecticide flonicamid and its metabolites in or on prickly pear, fruit and pads at 1.5 ppm which expire on December 31, 2020. The applicant has not submitted a request for further use of flonicamid on prickly pear. The time-limited tolerances were originally published in the Federal Register of January 26, 2018 (83 FR 3610) (FRL– 9971–94). 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 any MRLs for flonicamid, methyl bromide, or triclopyr on the commodities listed in this document. The Codex has established MRLs for clothianidin in or on citrus at 0.07 ppm, the same as the tolerance established for fruit, citrus, group 10–10 in the United States. Therefore, there are no harmonization issues. IV. Statutory and Executive Order Reviews This action establishes tolerances under FFDCA section 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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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 tolerance 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 E:\FR\FM\09FER1.SGM 09FER1 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations Dated: December 4, 2020. Marietta Echeverria, Acting Director, Registration Division, Office of Pesticide Programs. 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). Therefore, for the reasons stated in the preamble, EPA is amending 40 CFR chapter I as follows: List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.124, revise paragraph (b) to read as follows: ■ 8703 § 180.124 Methyl bromide; tolerances for residues. * * * * * (b) Section 18 emergency exemptions. Time-limited tolerances are established for residues of the fumigant methyl bromide, including its metabolites and degradates, in or on the specified agricultural commodities in Table 2 to this paragraph (b). Compliance with the tolerance levels specified in Table 2 to this paragraph (b) is to be determined by measuring only methyl bromide, in or on the commodities, resulting from use of the pesticide pursuant to Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) section 18 emergency exemptions. The tolerances expire and are revoked on the dates specified in Table 2 to this paragraph (b). TABLE 2 TO PARAGRAPH (b) Berry and small fruit, group 13–07 .......................................................................................................................... Cactus ...................................................................................................................................................................... Coconut, copra ........................................................................................................................................................ Coffee, green bean .................................................................................................................................................. Cola, seed ................................................................................................................................................................ Cucurbit, seed .......................................................................................................................................................... Fig ............................................................................................................................................................................ Fruit, citrus, group 10–10 ........................................................................................................................................ Fruit, stone, group 12–12 ........................................................................................................................................ Fruit, tropical and subtropical, edible peel, group 23 .............................................................................................. Fruit, tropical and subtropical, inedible peel, group 24 ........................................................................................... Herb and spice, group 19 ........................................................................................................................................ Hibiscus, seed ......................................................................................................................................................... Ivy gourd .................................................................................................................................................................. Kaffir lime, leaves .................................................................................................................................................... Kenaf, seed .............................................................................................................................................................. Oilseed group 20 ..................................................................................................................................................... Peppermint, tops ...................................................................................................................................................... Pointed gourd .......................................................................................................................................................... Spearmint, tops ........................................................................................................................................................ Vegetable, bulb, group 3–07 ................................................................................................................................... Vegetable, cucurbit, group 9 ................................................................................................................................... Vegetable, foliage of legume, group 7 .................................................................................................................... Vegetable, fruiting, group 8–10 ............................................................................................................................... Vegetable, head and stem Brassica, group 5–16 ................................................................................................... Vegetable, leafy, group 4–16 .................................................................................................................................. Vegetable, leaves of root and tuber, group 2 ......................................................................................................... Vegetable, legume, group 6 .................................................................................................................................... Vegetable, root and tuber, group 1 ......................................................................................................................... Vegetable, stalk, stem and leaf petiole, group 22 ................................................................................................... * * * * * 3. In § 180.417, revise the table in paragraph (b) to read as follows: ■ § 180.417 Triclopyr; tolerances for residues. * * Expiration/ revocation date Parts per million Commodity * * 5.0 3.0 8.0 150 150 150 10 2 5.0 10 5.0 35 150 5.0 0.50 150 150 35 5.0 35 2.0 5.0 0.50 7.0 1.0 0.50 0.50 3.0 3.0 0.50 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 12/31/23 (b) * * * * khammond on DSKJM1Z7X2PROD with RULES TABLE 3 TO PARAGRAPH (b) Sugarcane, cane ...................................................................................................................................................... VerDate Sep<11>2014 16:18 Feb 08, 2021 Jkt 253001 PO 00000 Frm 00019 Expiration/ revocation date Parts per million Commodity Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM 09FER1 40 12/31/23 8704 * Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Rules and Regulations * * * * 4. In § 180.586, revise the entry for ‘‘Fruit, citrus, group 10–10’’ in the table in paragraph (b) to read as follows: ■ § 180.586 Clothianidin; tolerances for residues. * * * (b) * * * * Parts per million Commodity Fruit, citrus, group 10–10 ......................................................................................................................................... * * * § 180.613 * * * * * [Amended] 5. In § 180.613, remove and reserve paragraph (b). ■ [FR Doc. 2021–02512 Filed 2–8–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2020–0066 and EPA–HQ– OPP–2019–0586; FRL–10017–32] Benzovindiflupyr; Pesticide Tolerances Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes tolerances for residues of benzovindiflupyr in or on lowbush blueberries, ginseng, and sugar beet roots, leaves, and dried pulp. Interregional Research Project Number 4 (IR–4) and Syngenta Crop Protection requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). SUMMARY: This regulation is effective February 9, 2021. Objections and requests for hearings must be received on or before April 12, 2021, 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 dockets for this action, identified by docket identification (ID) numbers EPA–HQ–OPP–2020–0066 and EPA–HQ–OPP–2019–0586, are 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 khammond on DSKJM1Z7X2PROD with RULES DATES: VerDate Sep<11>2014 16:18 Feb 08, 2021 Jkt 253001 * * Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Due to the public health concerns related to COVID–19, the EPA Docket Center (EPA/DC) and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, 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: 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 EPA’s tolerance regulations at 40 CFR part 180 through the Government Publishing Office’s e-CFR site at https://www.ecfr.gov/cgibin/text-idx?&c=ecfr&tpl=/ecfrbrowse/ Title40/40tab_02.tpl. PO 00000 Frm 00020 * Fmt 4700 Sfmt 4700 Expiration/ revocation date 0.07 * 12/31/23 * 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 numbers EPA–HQ– OPP–2020–0066 and EPA–HQ–OPP– 2019–0586 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before April 12, 2021. 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 numbers EPA–HQ–OPP– 2020–0066 and EPA–HQ–OPP–2019– 0586, 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 E:\FR\FM\09FER1.SGM 09FER1

Agencies

[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Rules and Regulations]
[Pages 8700-8704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02512]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0568; FRL-10017-55]


Extension of Tolerances for Emergency Exemptions; Multiple 
Chemicals

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation extends time-limited tolerances for residues 
of the pesticides clothianidin, methyl bromide, and triclopyr in or 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. Additionally, EPA is removing time-limited 
tolerances for flonicamid on prickly pear, fruit and pads at 1.5 ppm 
because this exemption will not be renewed, and the tolerances will 
expire by the effective date of this rule. EPA is also making non-
substantive administrative revisions to the tolerance listings for 
methyl bromide to update the commodity terminology.

DATES: This regulation is effective February 9, 2021. Objections and 
requests for hearings must be received on or before April 12, 2021 and 
must be filed in accordance with the instructions

[[Page 8701]]

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-2020-0568, 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.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is closed to visitors with 
limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, 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-2020-0568 in the subject line on the first 
page of your submission. All objections and requests must be in writing 
and must be received by the Hearing Clerk on or before April 12, 2021. 
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-2020-0568, 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/where-send-comments-epa-dockets. 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 the chemicals and commodities 
listed, below, 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 emergency uses of clothianidin, 
methyl bromide, and triclopyr 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 pertinent 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 
reaffirms 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, 2023. Although 
these tolerances will expire and are revoked on December 31, 2023, 
under FFDCA section 408(l)(5), residues of the pesticide not in excess 
of the amounts specified in the tolerances remaining in or on the 
commodities 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 this pesticide indicate that the 
residues are not safe. EPA will publish a document in the Federal 
Register to remove the 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:
    Clothianidin. EPA has authorized under FIFRA section 18 the use of 
clothianidin on citrus for control of the Asian citrus psyllid in 
Florida and Texas. This regulation extends a time-limited tolerance for 
residues of the insecticide clothianidin and its

[[Page 8702]]

metabolites and degradates in or on fruit, citrus, group 10-10 at 0.07 
parts per million (ppm) for an additional 3-year period. This tolerance 
will expire and is revoked on December 31, 2023. The time-limited 
tolerance was originally published in the Federal Register of February 
25, 2015 (80 FR 10003) (FRL-9919-59).
    Methyl bromide. Pursuant to a request by the US Department of 
Agriculture, Animal and Plant Health Inspection Service, EPA has 
authorized under FIFRA section 18 the use of methyl bromide on certain 
imported and domestic commodities, post-harvest for control of invasive 
non-indigenous quarantine plant pests and to prevent the introduction 
and/or spread of any new or recently introduced foreign pests to the 
United States. This regulation extends time-limited tolerances for 
residues of the pesticide methyl bromide, including its metabolites and 
degradates, in or on the commodities identified in 40 CFR 180.124(b) 
(and listed in the regulatory text section of this document) at the 
levels listed for an additional 3-year period. The tolerances will 
expire and are revoked on December 31, 2023. The time-limited 
tolerances were originally published in the Federal Register of March 
1, 2018 (83 FR 8758) (FRL-9971-19) and October 16, 2020 (85 FR 65729) 
(FRL-10014-31).
    In addition to extending these tolerances, EPA is making several 
non-substantive revisions to 40 CFR 180.124(b). Entries for avocado, 
banana, longan, lychee, pomegranate, rambutan, and Spanish lime are 
deleted, because these commodities are included in Tropical and 
subtropical fruits, inedible peel, group 24. This regulation also 
revises certain commodity terms for consistency with current crop 
groups and commodity vocabulary as follows: ``Tropical and subtropical 
fruits, edible peel, group 23'' will now read ``Fruit, tropical and 
subtropical, edible peel, group 23''; ``Tropical and subtropical 
fruits, inedible peel, group 24'' will now read ``Fruit, tropical and 
subtropical, inedible peel, group 24''; and ``Stalk, stem and leaf 
petiole vegetables, group 22'' will now read ``Vegetables, stalk, stem 
and leaf petiole, group 22''. None of the revisions discussed in this 
paragraph change the amount of methyl bromide residues permitted on any 
commodity.
    Triclopyr. EPA has authorized under FIFRA section 18 the use of 
triclopyr on sugarcane for control of divine nightshade (Solanum 
nigresens) in Louisiana. This regulation extends a time-limited 
tolerance for residues of the herbicide triclopyr and its metabolites 
and degradates in or on sugarcane, cane at 40 ppm for an additional 3-
year period. The tolerance will expire and is revoked on December 31, 
2023. A time-limited tolerance was originally published in the Federal 
Register of June 8, 2017 (82 FR 26599) (FRL-9961-29).
    The time-limited tolerances are being removed at 40 CFR 180.613(b) 
for residues of the insecticide flonicamid and its metabolites in or on 
prickly pear, fruit and pads at 1.5 ppm which expire on December 31, 
2020. The applicant has not submitted a request for further use of 
flonicamid on prickly pear. The time-limited tolerances were originally 
published in the Federal Register of January 26, 2018 (83 FR 3610) 
(FRL-9971-94).

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 any MRLs for flonicamid, methyl bromide, or triclopyr on 
the commodities listed in this document. The Codex has established MRLs 
for clothianidin in or on citrus at 0.07 ppm, the same as the tolerance 
established for fruit, citrus, group 10-10 in the United States. 
Therefore, there are no harmonization issues.

IV. Statutory and Executive Order Reviews

    This action establishes tolerances under FFDCA section 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 tolerance 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

[[Page 8703]]

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).

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 4, 2020.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending 
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES 
IN FOOD

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.  180.124, revise paragraph (b) to read as follows:


Sec.  180.124  Methyl bromide; tolerances for residues.

* * * * *
    (b) Section 18 emergency exemptions. Time-limited tolerances are 
established for residues of the fumigant methyl bromide, including its 
metabolites and degradates, in or on the specified agricultural 
commodities in Table 2 to this paragraph (b). Compliance with the 
tolerance levels specified in Table 2 to this paragraph (b) is to be 
determined by measuring only methyl bromide, in or on the commodities, 
resulting from use of the pesticide pursuant to Federal Insecticide, 
Fungicide, Rodenticide Act (FIFRA) section 18 emergency exemptions. The 
tolerances expire and are revoked on the dates specified in Table 2 to 
this paragraph (b).

                        Table 2 to Paragraph (b)
------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Berry and small fruit, group 13-07......             5.0        12/31/23
Cactus..................................             3.0        12/31/23
Coconut, copra..........................             8.0        12/31/23
Coffee, green bean......................             150        12/31/23
Cola, seed..............................             150        12/31/23
Cucurbit, seed..........................             150        12/31/23
Fig.....................................              10        12/31/23
Fruit, citrus, group 10-10..............               2        12/31/23
Fruit, stone, group 12-12...............             5.0        12/31/23
Fruit, tropical and subtropical, edible               10        12/31/23
 peel, group 23.........................
Fruit, tropical and subtropical,                     5.0        12/31/23
 inedible peel, group 24................
Herb and spice, group 19................              35        12/31/23
Hibiscus, seed..........................             150        12/31/23
Ivy gourd...............................             5.0        12/31/23
Kaffir lime, leaves.....................            0.50        12/31/23
Kenaf, seed.............................             150        12/31/23
Oilseed group 20........................             150        12/31/23
Peppermint, tops........................              35        12/31/23
Pointed gourd...........................             5.0        12/31/23
Spearmint, tops.........................              35        12/31/23
Vegetable, bulb, group 3-07.............             2.0        12/31/23
Vegetable, cucurbit, group 9............             5.0        12/31/23
Vegetable, foliage of legume, group 7...            0.50        12/31/23
Vegetable, fruiting, group 8-10.........             7.0        12/31/23
Vegetable, head and stem Brassica, group             1.0        12/31/23
 5-16...................................
Vegetable, leafy, group 4-16............            0.50        12/31/23
Vegetable, leaves of root and tuber,                0.50        12/31/23
 group 2................................
Vegetable, legume, group 6..............             3.0        12/31/23
Vegetable, root and tuber, group 1......             3.0        12/31/23
Vegetable, stalk, stem and leaf petiole,            0.50        12/31/23
 group 22...............................
------------------------------------------------------------------------

* * * * *

0
3. In Sec.  180.417, revise the table in paragraph (b) to read as 
follows:


Sec.  180.417  Triclopyr; tolerances for residues.

* * * * *
    (b) * * *

                        Table 3 to Paragraph (b)
------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Sugarcane, cane.........................              40        12/31/23
------------------------------------------------------------------------


[[Page 8704]]

* * * * *

0
4. In Sec.  180.586, revise the entry for ``Fruit, citrus, group 10-
10'' in the table in paragraph (b) to read as follows:


Sec.  180.586  Clothianidin; tolerances for residues.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Fruit, citrus, group 10-10..............            0.07        12/31/23
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *


Sec.  180.613  [Amended]

0
5. In Sec.  180.613, remove and reserve paragraph (b).

[FR Doc. 2021-02512 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P


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