Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations 60917 

TABLE 7—EPA-APPROVED WASHOE COUNTY REGULATIONS

District citation Title/subject District effective date EPA approval date Additional explanation 

*******

030.218 ............ ‘‘Demonstration of Compliance’’ ......... 06/28/12 10/05/12 [Insert Federal Register 

page number where the document 

begins].

Submitted on 08/30/12. 

030.230 ............ ‘‘Record Keeping’’ ............................... 06/28/12 10/05/12 [Insert Federal Register 

page number where the document 

begins.

Submitted on 08/30/12. 

030.235 ............ ‘‘Requirements for Source Sampling 

and Testing’’.

06/28/12 10/05/12 [Insert Federal Register 

page number where the document 

begins].

* * * * * * * 

030.970A .......... ‘‘Part 70 Permit Monitoring and Compliance’’.06/28/12 10/05/12 [Insert Federal Register 

page number where the document 

begins].

* * * * * * * 

[FR Doc. 2012–24527 Filed 10–4–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0524; FRL–9363–4] 

RIN 2070–ZA16 

Trinexapac-ethyl; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of trinexapacethyl in or on multiple commodities and 

modifies existing tolerance levels and 

commodity definitions for trinexapacethyl, which are identified and 

discussed later in this document. EPA 

proposed these tolerances and noted 

amendments under the Federal Food, 

Drug, and Cosmetic Act (FFDCA) in 

order to correct inadvertent errors in the 

final rule tolerance table for trinexapacethyl that published in the Federal 

Register on March 2, 2012. 

DATES: This regulation is effective 

October 5, 2012. Objections and 

requests for hearings must be received 

on or before December 4, 2012, 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–2010–0524, 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: 

Bethany Benbow, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8072; email address: benbow.

bethany@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://ecfr.gpoaccess.gov/cgi/t/

text/text-idx?&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–2010–0524 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 December 4, 2012. 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 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 nonCBI copy of your objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2010–0524, by one of 

the following methods: 


pmangrum on DSK3VPTVN1PROD with RULES
60918 Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (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.htm. 

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 July 13, 

2012 (77 FR 41346) (FRL–9353–9), EPA 

issued a proposed rule pursuant to 

FFDCA section 408(e), 21 U.S.C. 346a 

(d)(3). The Agency-initiated rule 

proposed that 40 CFR 180.662 be 

amended by establishing tolerances for 

trinexapac-ethyl in or on barley, bran at 

2.5 ppm; sugarcane, molasses at 2.5 

ppm; and wheat, bran at 6.0 ppm. The 

rule also proposed amending the 

existing trinexapac-ethyl tolerances for 

wheat, forage from 1.5 to 1.0 ppm and 

wheat, middlings from 6.5 to 10.5 ppm, 

as well as changing the existing 

commodity definition for ‘‘hog, kidney’’ 

to ‘‘hog, meat by-products’’ in order to 

correct inadvertent errors in the final 

rule tolerance table for trinexapac-ethyl 

that was published in the Federal 

Register on March 2, 2012 (77 FR 

12740) (FRL–9337–9). The proposed 

rule included a summary of the 

exposure assessment prepared by the 

Agency and explained the basis for 

EPA’s conclusion that there is a 

reasonable certainty that no harm will 

result to the general population or to 

infants and children, as a result of 

aggregate exposure to trinexapac-ethyl 

residues. A comment was received in 

response to the proposed rule. EPA’s 

response to that comment is discussed 

below in Unit III. 

III. Response to Comment 

An anonymous citizen objected to the 

presence of any pesticide residues on 

food. The Agency understands the 

commenter’s concerns and recognizes 

that some individuals believe that 

pesticides should be banned 

completely. However, the existing legal 

framework provided by section 408 of 

the Federal Food, Drug and Cosmetic 

Act (FFDCA) contemplates that 

tolerances greater than zero may be set 

when persons seeking such tolerances 

or exemptions have demonstrated that 

the pesticide meets the safety standard 

imposed by that statute. This citizen’s 

comment appears to be directed at the 

underlying statute and not EPA’s 

implementation of it; the citizen has 

made no contention that EPA has acted 

in violation of the statutory framework. 

IV. Conclusion 

Given that EPA received no 

meaningful comment on its proposal 

and based on the information, analysis, 

and conclusions in the July 13, 2012 

proposal (77 FR 41346) (FRL–9353–9), 

tolerances are established, as proposed, 

for residues of trinexapac-ethyl, in or on 

barley, bran at 2.5 ppm; sugarcane, 

molasses at 2.5 ppm; and wheat, bran at 

6.0 ppm. In addition, as proposed, the 

tolerance level for wheat, forage is 

revised from 1.5 to 1.0 ppm, the 

tolerance level for wheat, middlings is 

revised from 6.5 to 10.5 ppm and the 

commodity definition, ‘‘hog, kidney’’ is 

revised to ‘‘hog, meat by-products.’’ 

V. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under FFDCA section 408(d) on EPA’s 

own initiative. 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 final rule has been 

exempted from review under Executive 

Order 12866, this final rule 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 final rule 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). 

Pursuant to the Regulatory Flexibility 

Act (RFA) (5 U.S.C. 601 et seq.), the 

Agency hereby certifies that these 

proposed tolerances will not have 

significant negative economic impact on 

a substantial number of small entities. 

Establishing a pesticide tolerance or an 

exemption from the requirement of a 

pesticide tolerance is, in effect, the 

removal of a regulatory restriction on 

pesticide residues in food, and thus 

such an action will not have any 

negative economic impact on any 

entities, including small entities. 

This final rule 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 final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(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 of 1995 

(NTTAA) (15 U.S.C. 272 note). 

VI. 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. 


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Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations 60919 

Dated: September 25, 2012. 

Daniel J. Rosenblatt, 

Acting 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 § 180.662, the table in paragraph 

(a) is amended by: 

■ i. Alphabetically adding the following 

commodities: ‘‘Barley, bran’’, 

‘‘Sugarcane, molasses’’, and ‘‘Wheat, 

bran’’. 

■ ii. Removing the entry for ‘‘Hog, 

kidney’’ and adding in alphabetical 

order an entry for ‘‘Hog, meat byproducts’’. 

■ iii. Revising the entries for ‘‘Wheat, 

forage’’ and ‘‘Wheat, middlings’’. 

The amendments read as follows: 

§ 180.662 Trinexapac-ethyl; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

Barley, bran ........................ 2 .5 

* * * * * 

Hog, meat by-products ....... 0 .03 

* * * * * 

Sugarcane, molasses ......... 2 .5 

Wheat, bran ........................ 6 .0 

Wheat, forage ..................... 1 .0 

* * * * * 

Wheat, middlings ................ 10 .5 

* * * * * 

* * * * * 

[FR Doc. 2012–24646 Filed 10–4–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R04–RCRA–2012–0124; FRL–9735–2] 

Tennessee: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: Tennessee has applied to EPA 

for final authorization of the changes to 

its hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA has determined that 

these changes satisfy all requirements 

needed to qualify for final authorization, 

and is authorizing the State’s changes 

through this immediate final action. 

EPA is publishing this rule to authorize 

the changes without a prior proposal 

because we believe this action is not 

controversial and do not expect 

comments that oppose it. Unless we 

receive written comments that oppose 

this authorization during the comment 

period, the decision to authorize 

Tennessee’s changes to its hazardous 

waste program will take effect. If we 

receive comments that oppose this 

action, we will publish a document in 

the Federal Register withdrawing this 

rule before it takes effect and a separate 

document in the proposed rules section 

of this Federal Register will serve as a 

proposal to authorize the changes. 

DATES: This final authorization will 

become effective on December 4, 2012 

unless EPA receives adverse written 

comment by November 5, 2012. If EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

RCRA–2012–0124 by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov: Follow the on-line 

instructions for submitting comments. 

• Email: johnson.otis@epa.gov 

• Fax: (404) 562–9964 (prior to 

faxing, please notify the EPA contact 

listed below). 

• Mail: Send written comments to 

Otis Johnson, Permits and State 

Programs Section, RCRA Programs and 

Materials Management Branch, RCRA 

Division, U.S. Environmental Protection 

Agency, Atlanta Federal Center, 61 

Forsyth Street SW., Atlanta, Georgia 

30303–8960. 

• Hand Delivery or Courier. Deliver 

your comments to Otis Johnson, Permits 

and State Programs Section, RCRA 

Programs and Materials Management 

Branch, RCRA Division, U.S. 

Environmental Protection Agency, 

Atlanta Federal Center, 61 Forsyth 

Street SW., Atlanta, Georgia 30303– 

8960. 

Instructions: We must receive your 

comments by November 5, 2012. Please 

refer to Docket Number EPA–R04– 

RCRA–2012–0124. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

www.regulations.gov or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov, your 

email 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. 

You may view and copy Tennessee’s 

application and associated publicly 

available materials from 8 a.m. to 4 p.m. 

at the following locations: EPA, Region 

4, RCRA Division, Atlanta Federal 

Center, 61 Forsyth Street SW., Atlanta, 

Georgia 30303–8960, telephone number: 

(404) 562–8483; and from 8 a.m. to 4:30 

p.m. at the Tennessee Department of 

Environment and Conservation, 

Division of Solid Waste Management, 

5th Floor, L & C Tower, 401 Church 

Street, Nashville, Tennessee 37243– 

1535; telephone number: (615) 562– 

0780. Interested persons wanting to 

examine these documents should make 

an appointment with the office at least 

a week in advance. 

FOR FURTHER INFORMATION CONTACT: Otis 

Johnson, Permits and State Programs 

Section, RCRA Programs and Materials 

Management Branch, RCRA Division, 

U.S. Environmental Protection Agency, 

Atlanta Federal Center, 61 Forsyth 

Street SW., Atlanta, Georgia 30303– 

8960; telephone number: (404) 562– 

8481; fax number: (404) 562–9964; 

email address: johnson.otis@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to State programs 

necessary? 

States which have received final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask EPA to authorize the 

changes. Changes to State programs may 

be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 


pmangrum on DSK3VPTVN1PROD with RULES