Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations 46115 

2Program delegated to New Mexico Environment Department (NMED) for standards promulgated by the EPA, as amended in the Federal 

Register through January 15, 2017. 3Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards promulgated by the EPA, as

amended in the Federal Register through September 13, 2013. 4The NMED was previously delegated this subpart on February 9, 2004 (68 FR 69036). The ABCAQCB has adopted the subpart unchanged

and applied for delegation of the standard. The subpart was vacated and remanded to the EPA by the United States Court of Appeals for the 

District of Columbia Circuit. See Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Court’s 

holding this subpart is not delegated to NMED or ABCAQCB at this time. 5This subpart was issued a partial vacatur by the United States Court of Appeals for the District of Columbia Circuit. See 72 FR 61060 (October 29, 2007). 6Final Rule. See 76 FR (March 21, 2011), as amended at 78 FR 7138 (January 31, 2013); 80 FR 72807 (November 20, 2015). Note that the 

ABCAQCB has not yet applied for updated delegation of these standards. 7Final Promulgated Rule adopted by the EPA. See 80 FR 65470 (October 26, 2015). Note that Part 63 Subpart KKKKK was amended to correct minor typographical errors. See 80 FR 75817 (December 4, 2015). Note that the ABCAQCB has not yet applied for updated delegation of 

these standards. 8Final Rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR 20172 (April 6, 2016). Final Supplemental Finding that it is appropriate 

and necessary to regulate HAP emissions from Coal- and Oil-fired EUSGU Units. See 81 FR 24420 (April 25, 2016). Note that the ABCAQCB 

has not yet applied for updated delegation of these standards. 

* * * * * 

[FR Doc. 2018–19801 Filed 9–11–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0705; FRL–9982–22] 

Metschnikowia Fructicola Strain 

NRRLY–27328; Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of Metschnikowia 

fructicola strain NRRL Y–27328 in or on 

the stone fruit group (group 12–12); the 

small fruit vine climbing subgroup, 

except fuzzy kiwifruit (subgroup 13– 

07F); and the low growing berry 

subgroup (subgroup 13–07G) when used 

in accordance with label directions and 

good agricultural practices. Interregional 

Research Project Number 4 (IR–4) 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of Metschnikowia fructicola 

strain NRRL Y–27328 under FFDCA. 

DATES: This regulation is effective 

September 12, 2018. Objections and 

requests for hearings must be received 

on or before November 13, 2018, 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) 

EPA–HQ–OPP–2017–0705, 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: 

Robert McNally, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

BPPDFRNotices@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 Printing 

Office’s e-CFR site at http://www.ecfr.

gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfr

browse/Title40/40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), 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 EPA–HQ–OPP–2017– 

0705 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 November 

13, 2018. 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– 

2017–0705, 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 


daltland on DSKBBV9HB2PROD with RULES
46116 Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations 

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 

In the Federal Register of March 21, 

2018 (83 FR 12311) (FRL–9974–76), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide tolerance petition (PP 7E8560) 

by IR–4, Rutgers, The State University of 

New Jersey, 500 College Rd. East, Suite 

201 W, Princeton, NJ 08540. The 

petition requested that 40 CFR part 180 

be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of the microbial 

pesticide Metschnikowia fructicola 

strain NRRL Y–27328 in or on stone 

fruit group 12–12; small fruit vine 

climbing, except fuzzy kiwifruit 

subgroup 13–07F; and low growing 

berry subgroup 13–07G. That document 

referenced a summary of the petition 

prepared by the petitioner IR–4 and 

available in the docket via http://

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

III. Final Rule 

A. EPA’s Safety Determination 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement of a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Pursuant to 

FFDCA section 408(c)(2)(B), in 

establishing or maintaining in effect an 

exemption from the requirement of a 

tolerance, EPA must take into account 

the factors set forth in FFDCA section 

408(b)(2)(C), which require EPA to give 

special consideration to exposure of 

infants and children to the pesticide 

chemical residue in establishing a 

tolerance or tolerance exemption and to 

‘‘ensure that there is a reasonable 

certainty that no harm will result to 

infants and children from aggregate 

exposure to the pesticide chemical 

residue . . . .’’ Additionally, FFDCA 

section 408(b)(2)(D) requires that EPA 

consider ‘‘available information 

concerning the cumulative effects of a 

particular pesticide’s residues and other 

substances that have a common 

mechanism of toxicity.’’ 

EPA evaluated the available 

toxicological and exposure data on 

Metschnikowia fructicola strain NRRL 

Y–27328 and considered their validity, 

completeness, and reliability, as well as 

the relationship of this information to 

human risk. A full explanation of the 

data upon which EPA relied and its risk 

assessment based on those data can be 

found within the document entitled 

‘‘Federal Food, Drug, and Cosmetic Act 

(FFDCA) Safety Determination for 

Metschnikowia fructicola strain NRRL 

Y–27328.’’ This document, as well as 

other relevant information, is available 

in the docket for this action as described 

under ADDRESSES. 

The available data demonstrated that 

Metschnikowia fructicola strain NRRL 

Y–27328 is not significantly toxic, 

pathogenic, or infective via any route of 

exposure. Although there may be some 

exposure to residues when 

Metschnikowia fructicola strain NRRL 

Y–27328 is used on certain food 

commodities in accordance with label 

directions and good agricultural 

practices, there is a lack of concern due 

to the lack of potential for adverse 

effects. EPA also determined that 

retention of the Food Quality Protection 

Act (FQPA) safety factor was not 

necessary as part of the qualitative 

assessment conducted for 

Metschnikowia fructicola strain NRRL 

Y–27328. 

Based upon its evaluation, EPA 

concludes that there is a reasonable 

certainty that no harm will result to the 

U.S. population, including infants and 

children, from aggregate exposure to 

residues of Metschnikowia fructicola 

strain NRRL Y–27328. Therefore, an 

exemption from the requirement of a 

tolerance is established for residues of 

Metschnikowia fructicola strain NRRL 

Y–27328 in or on the stone fruit group 

(group 12–12); the small fruit vine 

climbing subgroup, except fuzzy 

kiwifruit (subgroup 13–07F); and the 

low growing berry subgroup (subgroup 

13–07G) when used in accordance with 

label directions and good agricultural 

practices. 

B. Analytical Enforcement Methodology 

An analytical method is not required 

because EPA is establishing an 

exemption from the requirement of a 

tolerance without any numerical 

limitation. 

IV. Statutory and Executive Order 

Reviews 

This action establishes a tolerance 

exemption under FFDCA section 408(d) 

in response to a petition submitted to 

EPA. 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) nor is it considered a 

regulatory action under Executive Order 

13771, entitled ‘‘Reducing Regulations 

and Controlling Regulatory Costs’’ (82 

FR 9339, February 3, 2017). 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 on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance exemption in this action, 

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. As a result, 

this action does not alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

EPA 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, EPA 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 


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Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations 46117 

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 

EPA’s 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: August 16, 2018. 

Richard P. Keigwin, Jr., 

Director, 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. Add § 180.1358 to subpart D to read 

as follows: 

§ 180.1358 Metschnikowia fructicola strain 

NRRL Y–27328; exemption from the 

requirement of a tolerance. 

Residues of Metschnikowia fructicola 

strain NRRL Y–27328 are exempt from 

the requirement of a tolerance in or on 

the food commodities included in the 

following crop groups and subgroups 

when this pesticide chemical is used in 

accordance with label directions and 

good agricultural practices: Fruit, stone 

group 12–12; Fruit, small fruit vine 

climbing, except fuzzy kiwifruit, 

subgroup 13–07F; and Berry, low 

growing subgroup 13–07G. 

[FR Doc. 2018–19870 Filed 9–11–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2005–0011; FRL–9983– 

63—Region 1] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Old Southington Landfill 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 1 announces the 

deletion of the Old Southington Landfill 

Superfund Site (Site) located in 

Southington, Connecticut, from the 

National Priorities List (NPL). The NPL, 

promulgated pursuant to Section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Connecticut, through the 

Connecticut Department of Energy and 

Environmental Protection (CTDEEP), 

have determined that all appropriate 

response actions under CERCLA, other 

than operation and maintenance, 

monitoring, and five-year reviews, have 

been completed. However, this deletion 

does not preclude future actions under 

Superfund. 

DATES: This action is effective 

September 12, 2018. 

ADDRESSES: 

Docket: EPA has established a docket 

for this action under Docket 

Identification No. EPA–HQ–SFUND– 

2005–0011. All documents in the docket 

are listed on the http://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information 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 

electronically through http://

www.regulations.gov or in hard copy at 

the Site information repositories. 

Locations, contacts, phone numbers and 

viewing hours are: 

U.S. EPA Region 1—New England, 

Superfund Records Center, 5 Post Office 

Square, Suite 100, Boston, MA 02109, 

Phone: 617–918–1440, Hours: Monday– 

Friday: 9:00 a.m.–5:00 p.m., Saturday 

and Sunday—Closed. 

Southington Public Library, 255 Main 

Street, Southington, CT, Phone: 860– 

628–0947, Hours: Monday–Thursday 

9:00 a.m.–9:00 p.m., Friday–Saturday 

9:00 a.m.–5:00 p.m., and Sunday 

Closed. 

FOR FURTHER INFORMATION CONTACT: 

Almerinda Silva, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region I, OSRR 07–4, 5 Post 

Office Square, Boston, MA 02109–3912. 

Telephone (617) 918–1246, Email 

silva.almerinda@epa.gov. 

SUPPLEMENTARY INFORMATION: The site to 

be deleted from the NPL is: the Old 

Southington Landfill Superfund Site 

located at Old Turnpike Road, 

Southington, Connecticut. A Notice of 

Intent to Delete for this Site was 

published in the Federal Register (83 

FR 34513) on July 20, 2018. 

The closing date for comments on the 

Notice of Intent to Delete was August 

20, 2018. No public comments were 

received. Therefore, a responsiveness 

summary was not prepared and not 

placed in the docket, EPA–HQ–SFUND– 

2005–0011, on www.regulations.gov, nor 

in the local repositories listed above. 

EPA still believes the deletion action is 

still appropriate. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion from the NPL 

does not preclude further remedial 

action. Whenever there is a significant 

release from a site deleted from the NPL, 

the deleted site may be restored to the 

NPL without application of the hazard 

ranking system. Deletion of a site from 

the NPL does not affect responsible 

party liability in the unlikely event that 

future conditions warrant further 

actions. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, and Water supply. 

Dated: September 4, 2018. 

Alexandra Dapolito Dunn, 

Regional Administrator, Region 1. 

For reasons set out in the preamble, 

40 CFR part 300 is amended as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

continues to read as follows: 


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