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

TABLE 

### 1 OF 

### S ECTION 

### 19.4—C IVIL 

### M ONETARY 

### P ENALTY 

### I NFLATION 

### 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 $37,50042 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/$117,50042 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 $37,50042 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.

3 The 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


### 66649 Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Rules and Regulations

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