Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Proposed Rules 19001 

(e) An export pesticide device is not 

required to bear an ingredients 

statement. 

[FR Doc. 2011–7900 Filed 4–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2005–0174; FRL–8867–9] 

Sulfuryl Fluoride; Addendum to 

Proposed Order Granting Objections 

to Tolerances and Denying Request for 

a Stay; Extension of Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed order and extension of 

comment period. 

SUMMARY: In this document, EPA is 

supplementing its proposed order 

published January 19, 2011, regarding 

sulfuryl fluoride and fluoride tolerances 

promulgated under the Federal Food, 

Drug, and Cosmetic Act (FFDCA) to 

include proposed effective dates for the 

termination of tolerances for rice 

commodities. In order to provide a 90- 

day comment period on the proposed 

effective date for terminating the rice 

tolerances, while also maintaining a 

consistent closing date for all comments 

on the proposed sulfuryl fluoride 

actions and accommodating several 

comment period extension requests, the 

Agency will accept comment on both 

the proposed order and this addendum 

for 90 days following publication of this 

notice in the Federal Register. In 

addition, EPA is clarifying that all 

tolerances for sulfuryl fluoride and the 

associated fluoride tolerances were 

intended to be covered by the proposed 

order despite discrepancies in the way 

those tolerances are described in EPA’s 

regulations. 

DATES: Comments must be received on 

or before July 5, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2005–0174, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2005– 

0174. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Meredith Laws, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–7038; e-mail address: 

laws.meredith@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, pesticide 

manufacturer, or consumer. Potentially 

affected entities may include, but are 

not limited to: 

• Food manufacturing (NAICS code 

311), e.g., grain and oilseed milling; 

animal food manufacturing; flour 

milling; bread and bakery product 

manufacturing; cookie, cracker, and 

pasta manufacturing; snack food 

manufacturing. 

• Pesticide manufacturing (NAICS 

code 32532), e.g., pesticide 

manufacturers; commercial applicators. 

• Community Food Services (NAICS 

code 624210), e.g., food banks. 

• Farm Product Warehousing and 

Storage (NAICS 493130), e.g., grain 

elevators, private and public food 

warehousing and storage. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 


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19002 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Proposed Rules 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Supplement to the Proposed Order 

On January 19, 2011 (76 FR 3422, Jan. 

19, 2011), EPA issued a proposed order 

granting objections and denying a stay 

request filed by the Fluoride Action 

Network (FAN), Beyond Pesticides/ 

National Coalition Against the Misuse of 

Pesticides, and the Environmental 

Working Group with regard to all 

tolerances established for sulfuryl 

fluoride and all tolerances for fluoride 

associated with the use of sulfuryl 

fluoride. In that order, EPA proposed a 

range of effective dates for termination 

of sulfuryl fluoride and fluoride 

tolerances that were based on several 

factors, including the potential for 

disruption or contamination of some 

commodities in the food supply and the 

availability of alternatives. For 

cancelled uses, EPA proposed to 

terminate tolerances associated with 

those uses immediately upon 

publication of the final order. For 

commodities for which there is little to 

no use of sulfuryl fluoride, EPA 

proposed to make the effective date for 

termination of the tolerances associated 

with those uses 90 days following 

publication of the final order in the 

Federal Register. For direct commodity 

treatments and for structural fumigation 

for which there is significant sulfuryl 

fluoride use and no readily available 

alternative, EPA proposed an effective 

date of 3 years following publication of 

the final order in the Federal Register. 

In proposing effective dates, EPA 

inadvertently failed to address the 

sulfuryl fluoride/fluoride tolerances for 

rice commodities associated with direct 

fumigation of rice that were covered by 

the objections and came within the 

scope of EPA’s proposed order to grant 

the objections. In this document, EPA is 

supplementing its proposed order to 

add a proposed effective date of the 

grant of the objections as to these rice 

commodities (rice, bran, postharvest; 

rice, flour, postharvest; rice, grain, 

postharvest; rice, hulls, postharvest; 

rice, polished rice, postharvest; and rice, 

wild, grain, postharvest). (40 CFR 

180.145(a)(3), 180.575). Based on 

available information, EPA concludes 

that very little to no sulfuryl fluoride is 

being used on rice. Most rice is 

fumigated with aluminum phosphide 

(or phosphine) rather than sulfuryl 

fluoride. (See Office of Prevention, 

Pesticides, and Toxic Substances, US 

EPA, Memorandum from Colwell A. 

Cook, Jonathan Becker, and Elisa Rim to 

Kable Davis/Venus Eagle and Michael 

Doherty/Christina Swartz, ‘‘Revised 

Assessment of Percent Commodity 

Treated Values used in the Registrant’s 

Dietary Exposure Assessment for 

Fluoride (DP# 361041)’’ (May 1, 2009). 

Therefore, EPA is proposing that 

termination of the rice tolerances be 

effective 90 days following publication 

of the final order in the Federal 

Register. Given the low level of sulfuryl 

fluoride usage on rice and the 

availability of phosphine as an 

alternative, 90 days should be sufficient 

for affected parties to come into 

compliance. This proposed termination 

date applies to the rice tolerances 

associated with direct fumigation of 

rice. The proposed termination date for 

commodities receiving incidental 

treatment as a result of structural 

fumigation of food processing facilities 

remains unchanged from the January 19, 

2011 proposed order. 

As with the effective dates contained 

in its proposed order, EPA requests 

public comment on the effective date for 

terminating tolerances associated with 

rice. 

In addition, to avoid potential 

confusion, EPA is clarifying that it 

intended to cover all existing tolerances 

for sulfuryl fluoride and all associated 

fluoride tolerances despite some 

discrepancies in the way tolerances for 

sulfuryl fluoride and fluoride are 

described in 40 CFR 180.575 and 

180.145, respectively. In its proposed 

order, EPA proposed 90-day effective 

dates for termination of the coffee, bean, 

green, postharvest and oats, groats/ 

rolled oats tolerances. This language is 

used to describe the fluoride tolerances 

for these commodities (§ 180.145(a)(3)). 

The similar tolerances for sulfuryl 

fluoride are described as coffee, bean, 

roasted bean, postharvest and oats, 

groats/rolled oats, postharvest 

(§ 180.575). EPA clarifies that it 

intended to propose a 90-day effective 

date for termination of these tolerances 

as well. EPA also proposed a 90-day 

effective date for termination of the 

grape, raisin, postharvest and a 3-year 

effective date for dried fruit other than 

raisins. EPA’s regulation lists distinct 

tolerances for these commodities for 

fluoride (§ 180.145(a)(3)), whereas EPA’s 

regulation for sulfuryl fluoride lists a 

single tolerance for dried fruit 

(§ 180.575). EPA clarifies that it 

intended to propose that 90 days 

following publication of a final order, 

the sulfuryl fluoride dried fruit 

tolerance would be revised to narrow its 

coverage to dried fruit, except grape, 

raisin, postharvest, and that the effective 

date for termination of this narrowed 

dried fruit tolerance would be 3 years 

following publication of a final order. 

Finally, EPA clarifies that the 3-year 

effective date for cocoa applies to the 

sulfuryl fluoride/fluoride tolerances for 

cacao bean, roasted bean, postharvest 

(§ 180.145(a)(3), and § 180.575). 

III. Request of Extension of Comment 

Period 

EPA has received four requests for a 

90-day extension of the comment period 

on the January 19, 2011, proposed order. 

The requests were filed by the National 

Pest Management Association, The 

American Farm Bureau Federation, the 

North American Millers’ Federation, 

and Dow AgroSciences LLC. They have 

requested additional time in order to 

gather, process, and report to EPA 

information relevant to the proposed 

order. In response, EPA notes that it 

established a comment period longer 

than the statutory minimum in issuing 

its proposed order. Nonetheless, given 

that the comment period is being 

extended to address the issue discussed 

above with regard to the rice commodity 

tolerances and the overall complexity of 

this matter, EPA has decided to extend 

the overall comment period on the 

January 19, 2011, proposed order so that 

all comments on the proposed order are 

due at the same time. Thus, comments 

on the proposed termination date of the 

rice commodity tolerances as well as all 

other comments on the January 19, 


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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Proposed Rules 19003 

2011, proposed order are now due on 

July 5, 2011. 

IV. Regulatory Assessment 

Requirements 

As indicated in the proposed order, 

this action is an adjudication and not a 

rule. The regulatory assessment 

requirements imposed on rulemaking do 

not, therefore, apply to this action. 

V. Submission to Congress and the 

Comptroller General 

The Congressional Review Act (5 

U.S.C. 801 et seq.), as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, does not apply 

because this action is not a rule for 

purposes of 5 U.S.C. 804(3). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 30, 2011. 

William R. Diamond, 

Acting Director, Office of Pesticide Programs. 

[FR Doc. 2011–8183 Filed 4–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 268 

[EPA–HQ–RCRA–2010–0851; FRL–9290–5] 

Land Disposal Restrictions: Nevada 

and California; Site Specific Treatment 

Variances for Hazardous Selenium 

Bearing Waste 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to issue 

both a site-specific treatment variance to 

U.S. Ecology Nevada (USEN) located in 

Beatty, Nevada and withdraw an 

existing site-specific treatment variance 

issued to Chemical Waste Management, 

Inc. (CWM) located in Kettleman Hills, 

California. This proposal pertains to the 

treatment of a hazardous waste 

generated by the Owens-Brockway Glass 

Container Company in Vernon, 

California that is unable to meet the 

concentration-based treatment standard 

for selenium established under the Land 

Disposal Restrictions program. The sitespecific treatment variance proposed to 

be issued to USEN would provide an 

alternative treatment standard of 59 

mg/L for selenium as measured by the 

Toxicity Characteristic Leaching 

Procedure. EPA has determined that the 

treatment performed by USEN provides 

the best demonstrated treatment 

available for this waste by reducing the 

amount of selenium potentially released 

to the environment, while minimizing 

the total volume of hazardous waste 

land disposed. In the ‘‘Rules and 

Regulations’’ section of this Federal 

Register, EPA has also published a 

direct final rule granting a site-specific 

treatment variance to USEN, and 

withdrawing the site-specific treatment 

variance previously granted to CWM for 

this same waste without a prior 

proposed rule. If we receive no adverse 

comment, we will not take further 

action on this proposed rule and the 

direct final rule will become effective as 

provided in that action. 

DATES: Written comments must be 

received by May 6, 2011. Comments 

postmarked after the close of the 

comment period will be stamped ‘‘late’’ 

and may or may not be considered by 

the Agency. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2010–0851, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: rcra-docket@epa.gov and 

miller.jesse@epa.gov. Attention Docket 

ID No. EPA–HQ–RCRA–2010–0851. 

• Fax: 202–566–9744. Attention 

Docket ID No. EPA–HQ–RCRA–2010– 

0851. 

• Mail: RCRA Docket (28221T), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. Attention 

Docket ID No. EPA–HQ–RCRA–2010– 

0851. Please include a total of 2 copies. 

• Hand Delivery: Please deliver 2 

copies to EPA/DC, EPA West, Room 

3334, 1301 Constitution Ave., NW., 

Washington, DC. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–RCRA–2010– 

0851. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the HQ–Docket Center, Docket ID No. 

EPA–HQ–RCRA–2010–0851, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Docket Facility 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 RCRA 

Docket is (202) 566–0270. A reasonable 

fee may be charged for copying docket 

materials. 

FOR FURTHER INFORMATION CONTACT: For 

more information on this rulemaking, 

contact Jesse Miller, Materials Recovery 

and Waste Management Division, Office 

of Resource Conservation and Recovery 

(MC 5304 P), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone (703) 308–1180; fax (703) 

308–0522; or miller.jesse@epa.gov. 

SUPPLEMENTARY INFORMATION: 


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