66648 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations 

TABLE 1 OF SECTION 19.4—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS—Continued 

U.S. Code Citation Environmental statute Statutory penalties, 

as enacted 

Penalties effective 

after January 30, 

1997 through 

March 15, 2004 

Penalties effective 

after March 15, 

2004 through 

January 12, 2009 

Penalties effective 

after January 12, 

2009 through 

December 6, 2013 

Penalties effective 

after 

December 6, 2013 

42 U.S.C. 6991e(a)(3) ..... RCRA .............................. $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 6991e(d)(1) ..... RCRA .............................. $10,000 $11,000 $11,000 $16,000 $16,000 

42 U.S.C. 6991e(d)(2) ..... RCRA .............................. $10,000 $11,000 $11,000 $16,000 $16,000 

42 U.S.C. 7413(b) ........... CLEAN AIR ACT (CAA) .. $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 7413(d)(1) ....... CAA ................................. $25,000/$200,000 $27,500/$220,000 $32,500/$270,000 $37,500/$295,000 $37,500/$320,000 

42 U.S.C. 7413(d)(3) ....... CAA ................................. $5,000 $5,500 $6,500 $7,500 $7,500 

42 U.S.C. 7524(a) ........... CAA ................................. $2,500/$25,000 $2,750/$27,500 $2,750/$32,500 $3,750/$37,500 $3,750/$37,500 

42 U.S.C. 7524(c)(1) ....... CAA ................................. $200,000 $220,000 $270,000 $295,000 $320,000 

42 U.S.C. 7545(d)(1) ....... CAA ................................. $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 9604(e)(5)(B) .. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT 

(CERCLA).

$25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 9606(b)(1) ....... CERCLA .......................... $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 9609(a)(1) ....... CERCLA .......................... $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 9609(b) ........... CERCLA .......................... $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500 

42 U.S.C. 9609(c) ............ CERCLA .......................... $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500 

42 U.S.C. 11045(a) ......... EMERGENCY PLANNING AND COMMUNITY RIGHT-TOKNOW ACT (EPCRA).$25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 

11045(b)(1)(A) 4.

EPCRA ............................ $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 11045(b)(2) ..... EPCRA ............................ $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500 

42 U.S.C. 11045(b)(3) ..... EPCRA ............................ $25,000/$75,000 $27,500/$82,500 $32,500/$97,500 $37,500/$107,500 $37,500/$117,500 

42 U.S.C. 11045(c)(1) ..... EPCRA ............................ $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 11045(c)(2) ..... EPCRA ............................ $10,000 $11,000 $11,000 $16,000 $16,000 

42 U.S.C. 11045(d)(1) ..... EPCRA ............................ $25,000 $27,500 $32,500 $37,500 $37,500 

42 U.S.C. 14304(a)(1) ..... MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT 

ACT (BATTERY ACT).

$10,000 $10,000 $11,000 $16,000 $16,000 

42 U.S.C. 14304(g) ......... BATTERY ACT ............... $10,000 $10,000 $11,000 $16,000 $16,000 

1 Note that 33 U.S.C. 1414b (d)(1)(B) contains additional penalty escalation provisions that must be applied to the penalty amounts set forth in this Table. The 

amounts set forth in this Table reflect an inflation adjustment to the calendar year 1992 penalty amount expressed in section 104B(d)(1)(A), which is used to calculate 

the applicable penalty amount under MPRSA section 104B(d)(1)(B) for violations that occur in any subsequent calendar year. 2 CACSO was passed on December 21, 2000 as part of Title XIV of the Consolidated Appropriations Act of 2001, Pub. L. 106–554, 33 U.S.C. 1901 note. 

3The original statutory penalty amounts of $20,000 and $50,000 under section 1432(c) of the SDWA, 42 U.S.C. 300i–1(c), were subsequently increased by Congress pursuant to section 403 of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, Public Law No. 107–188 (June 12, 2002), to 

$100,000 and $1,000,000, respectively. EPA did not adjust these new penalty amounts in its 2004 Civil Monetary Penalty Inflation Adjustment Rule (‘‘2004 Rule’’), 69 

FR 7121 (February 13, 2004), because they had gone into effect less than two years prior to the 2004 Rule. 4 Consistent with how the EPA’s other penalty authorities are displayed under Part 19.4, this Table now delineates, on a subpart-by-subpart basis, the penalty authorities enumerated under section 325(b) of EPCRA, 42 U.S.C. 11045(b) (i.e., 42 U.S.C. 11045(b)(1)(A), (b)(2), and (b)(3)). 

[FR Doc. 2013–26648 Filed 11–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0335; FRL–9902–50– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Procedures for Stringency 

Determinations and Minor Permit 

Revisions for Federal Operating 

Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: On September 10, 2013, EPA 

published a direct final rule approving 

portions of three revisions to the Texas 

State Implementation Plan (SIP) 

concerning the Texas Federal Operating 

Permits Program. The direct final action 

was published without prior proposal 

because EPA anticipated no adverse 

comments. EPA stated in the direct final 

rule that if we received relevant, adverse 

comments by October 10, 2013, EPA 

would publish a timely withdrawal in 

the Federal Register. EPA subsequently 

received timely adverse comments on 

the direct final rule. Therefore, EPA is 

withdrawing the direct final approval 

and will proceed to respond to all 

relevant, adverse comments in a 

subsequent action based on the parallel 

proposal published on September 10, 

2013. As stated in the parallel proposal, 

EPA will not institute a second 

comment period on this action. 

DATES: The direct final rule published 

on September 10, 2013 (78 FR 55221), 

is withdrawn as of November 6, 2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, TX 75202– 

2733. The telephone number is (214) 

665–2115. Ms. Wiley can also be 

reached via electronic mail at 

wiley.adina@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: October 28, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

Accordingly, the amendments to 40 

CFR 52.2270 published in the Federal 

Register on September 10, 2013 (78 FR 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations 66649 

55221), which were to become effective 

on November 12, 2013, are withdrawn. 

[FR Doc. 2013–26494 Filed 11–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0107; FRL–9399–4] 

Spirotetramat; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of spirotetramat 

in or on corn, sweet, kernel plus cob 

with husks removed and persimmon 

and revises established tolerances in or 

on feijoa, papaya, and Spanish lime, 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

November 6, 2013. Objections and 

requests for hearings must be received 

on or before January 6, 2014, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0107, 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), EPA West 

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: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7090; email address: 

RDFNotices@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 Printing 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–2012–0107 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 January 6, 2014. 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– 

2012–0107, 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. Aggregate Risk Assessment and 

Determination of Safety 

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

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(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. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance 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. . . .’’ 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified in 

FFDCA section 408(b)(2)(D), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for spirotetramat 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with spirotetramat follows. 

In the Federal Register of July 17, 

2013 (78 FR 42736) (FRL–9391–6), the 

EPA proposed, on its own initiative 

under FFDCA section 408(e), 21 U.S.C. 

346a(e), to establish a tolerance for 

residues of the insecticide spirotetramat 

in or on corn, sweet kernel plus cob 

with husks removed at 1.5 parts per 

million (ppm) and persimmon at 2.5 

ppm. Additionally, EPA proposed to 

revise 40 CFR 180.641 by amending 

established tolerances in or on feijoa 

from 0.30 ppm to 2.5 ppm, papaya from 


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