Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations 18141 

§ 80.1405 What are the Renewable Fuel 

Standards? 

* * * * * 

(d) The price for cellulosic biofuel 

waiver credits will be calculated in 

accordance with § 80.1456(d) and 

published on EPA’s Web site. 

■ 3. Section 80.1426 is amended by 

revising paragraphs (f)(12) and (f)(14), 

and adding paragraph (f)(17) to read as 

follows: 

§ 80.1426 How are RINs generated and 

assigned to batches of renewable fuel by 

renewable fuel producers or importers? 

* * * * * 

(f) * * * 

(12) For purposes of Table 1 of this 

section, process heat produced from 

combustion of gas at a renewable fuel 

facility is considered derived from 

biomass if the gas is biogas. 

(i) For biogas directly transported to 

the facility without being placed in a 

commercial distribution system, all of 

the following conditions must be met: 

(A) The producer has entered into a 

written contract for the procurement of 

a specific volume of biogas with a 

specific heat content. 

(B) The volume of biogas was sold to 

the renewable fuel production facility, 

and to no other facility. 

(C) The volume and heat content of 

biogas injected into the pipeline and the 

volume of gas used as process heat are 

measured by continuous metering. 

(ii) For biogas that has been gathered, 

processed and injected into a common 

carrier pipeline, all of the following 

conditions must be met: 

(A) The producer has entered into a 

written contract for the procurement of 

a specific volume of biogas with a 

specific heat content. 

(B) The volume of biogas was sold to 

the renewable fuel production facility, 

and to no other facility. 

(C) The volume of biogas that is 

withdrawn from the pipeline is 

withdrawn in a manner and at a time 

consistent with the transport of fuel 

between the injection and withdrawal 

points. 

(D) The volume and heat content of 

biogas injected into the pipeline and the 

volume of gas used as process heat are 

measured by continuous metering. 

(E) The common carrier pipeline into 

which the biogas is placed ultimately 

serves the producer’s renewable fuel 

facility. 

(iii) The process heat produced from 

combustion of gas at a renewable fuel 

facility described in paragraph (f)(12)(i) 

of this section shall not be considered 

derived from biomass if any other party 

relied upon the contracted volume of 

biogas for the creation of RINs. 

* * * * * 

(14) A producer or importer of 

renewable fuel using giant reed (Arundo 

donax) or napier grass (Pennisetum 

purpureum) as a feedstock may generate 

RINs for that renewable fuel if: 

(i) The feedstock is produced, 

managed, transported, collected, 

monitored, and processed according to 

a Risk Mitigation Plan approved by EPA 

under the registration procedures 

specified in § 80.1450(b)(1)(x)(A); or, 

(ii) EPA has determined that there is 

not a significant likelihood of spread 

beyond the planting area of the 

feedstock used for production of the 

renewable fuel. Any determination that 

Arundo donax or Pennisetum 

purpureum does not present a 

significant likelihood of spread beyond 

the planting area must be based upon 

clear and compelling evidence, 

including information and supporting 

data submitted by the producer. Such a 

determination must be made by EPA as 

specified in § 80.1450(b)(1)(x)(B). 

* * * * * 

(17)(i) For purposes of this section, 

any renewable fuel other than ethanol, 

biodiesel, or renewable diesel that meets 

the ASTM D 975–13a Grade No. 1–D or 

No. 2–D specifications (incorporated by 

reference, see § 80.1468) is considered 

renewable fuel and the producer or 

importer may generate RINs for such 

fuel only if all of the following apply: 

(A) The fuel is produced from 

renewable biomass and qualifies for a D 

code in Table 1 to this section or has 

been otherwise approved by the 

Administrator. 

(B) The fuel producer or importer 

maintains records demonstrating that 

the fuel was produced for use as a 

transportation fuel, heating oil or jet fuel 

by any of the following: 

(1) Blending the renewable fuel into 

gasoline or diesel fuel to produce a 

transportation fuel, heating oil or jet fuel 

that meets all applicable standards. 

(2) Entering into a written contract for 

the sale of the renewable fuel, which 

specifies the purchasing party shall 

blend the fuel into gasoline or diesel 

fuel to produce a transportation fuel, 

heating oil or jet fuel that meets all 

applicable standards. 

(3) Entering into a written contract for 

the sale of the renewable fuel, which 

specifies that the fuel shall be used in 

its neat form as a transportation fuel, 

heating oil or jet fuel that meets all 

applicable standards. 

(C) The fuel was sold for use in or as 

a transportation fuel, heating oil, or jet 

fuel, and for no other purpose. 

(ii) [Reserved] 

* * * * * 

■ 4. Section 80.1456 is amended by 

revising paragraph (d)(3) to read as 

follows: 

§ 80.1456 What are the provisions for 

cellulosic biofuel waiver credits? 

* * * * * 

(d) * * * 

(3) The inflation adjustment will be 

calculated by comparing the Consumer 

Price Index for All Urban Consumers 

(CPI–U): U.S. City Average, Unadjusted 

Index for All Items expenditure category 

as provided by the Bureau of Labor 

Statistics for June of the year preceding 

the compliance period to the 

comparable value reported for January 

2009. 

* * * * * 

[FR Doc. 2015–07476 Filed 4–2–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0125; FRL–9924–40] 

Extension of Tolerances for 

Emergency Exemptions (Multiple 

Chemicals) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation extends or reestablishes time-limited tolerances for 

residues of the pesticides fluridone in or 

on cotton undelinted seed, and 

diflubenzuron in or on alfalfa forage and 

hay. 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 April 

3, 2015. Objections and requests for 

hearings must be received on or before 

June 2, 2015, 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) 


asabaliauskas on DSK5VPTVN1PROD with RULES
18142 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations 

number EPA–HQ–OPP–2015–0125, is 

available at http://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 http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, 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 40 CFR part 180 

through the Government Publishing 

Office’s e-CFR site at http:// 

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–2015–0125 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 June 2, 2015. 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– 

2015–0125, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

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 http:// 

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at 

http://www.epa.gov/dockets. 

II. Background and Statutory Findings 

EPA, on its own initiative, has 

previously issued final rules under 

FFDCA section 408, 21 U.S.C. 346a, 

establishing time-limited tolerances for 

fluridone, 1-methyl-3-phenyl-5-(3- 

(trifluoromethyl)phenyl)-4(1H)- 

pyridone, in or on cotton undelinted 

seed, and for diflubenzuron, N-[[(4- 

chlorophenyl)amino]carbonyl] -2,6- 

difluorobenzamide, in or on alfalfa 

forage and hay. 

EPA established those 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 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 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 material relevant 

to these safety findings have been 

evaluated and discussed in the final rule 

originally published to support these 

uses. Based on that data and 

information considered, the Agency 

again concludes that 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, 2017. EPA will publish a document 

in the Federal Register to remove the 

revoked tolerances from the Code of 

Federal Regulations (CFR). Although 

these tolerances will expire and are 

revoked on the date listed under FFDCA 

section 408(l)(5), residues of the 

pesticide 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 this 

pesticide indicate that the residues are 

not safe. 

Tolerances for the use of the following 

pesticide chemicals on specific 

commodities are being extended: 

Fluridone. EPA has authorized under 

FIFRA section 18 the emergency use of 

fluridone on cotton for control of 

glyphosate-resistant Palmer amaranth in 

Arkansas, Georgia, Missouri, North 

Carolina, South Carolina and Tennessee. 

This regulation re-establishes a timelimited tolerance for residues of the 

herbicide fluridone, 1-methyl-3-phenyl5-(3-(trifluoromethyl)phenyl)-4(1H)- 

pyridone, and its metabolites and 

degradates, determined as only the 

parent fluridone, in or on cotton, 

undelinted seed at 0.1 parts per million 

(ppm) for an additional three-year 

period. This tolerance will expire and is 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Rules and Regulations 18143 

revoked on December 31, 2017. The 

final rule originally establishing the 

time-limited tolerance was published in 

the Federal Register of November 7, 

2012 (77 FR 66715) (FRL–9366–8). 

Diflubenzuron. EPA has authorized 

under FIFRA section 18 the use of 

diflubenzuron on alfalfa grown for hay 

for control of Mormon crickets (Anabrus 

simplex) and grasshoppers (Family 

Acrididae, various spp.) in Wyoming. 

This regulation re-establishes timelimited tolerances for residues of the 

insecticide diflubenzuron, N-[[(4- 

chlorophenyl)amino]carbonyl] -2,6- 

difluorobenzamide, and its metabolites, 

p-chlorophenylurea and pchloroaniline, in or on alfalfa forage and 

alfalfa hay at 6.0 ppm for an additional 

three-year period. These tolerances will 

expire and are revoked on December 31, 

2017. The final rule originally 

establishing the time-limited tolerances 

was published in the Federal Register of 

November 28, 2008 (73 FR 72352) (FRL– 

8388–9). 

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 fluridone on cotton or diflubenzuron 

on alfalfa. 

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 in accordance with 

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 will 

submit 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). 

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 26, 2015. 

Susan Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.377, amend the table in 

paragraph (b) by revising the entries for 

‘‘Alfalfa, forage’’ and ‘‘Alfalfa, hay’’ to 

read as follows: 

§ 180.377 Diflubenzuron; tolerances for 

residues. 

* * * * * 

(b) * * * 

Commodity Parts per 

million 

Expiration/revocation date 

Alfalfa, forage 6.0 12/31/2017 

Alfalfa, hay .... 6.0 12/31/2017 

* * * * * 

* * * * * 

■ 3. In § 180.420, revise the table in 

paragraph (b) to read as follows: 

§ 180.420 Fluridone; tolerances for 

residues. 

* * * * * 

(b) * * * 

Commodity Parts per 

million 

Expiration/revocation date 

Cotton, 

undelinted 

seed .......... 0.1 12/31/2017 

* * * * * 

[FR Doc. 2015–07624 Filed 4–2–15; 8:45 am] 

BILLING CODE 6560–50–P 


asabaliauskas on DSK5VPTVN1PROD with RULES