Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 43069 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA lacks the discretionary authority 

to address environmental justice in this 

final action. In reviewing SIP 

submissions, EPA’s role is to approve or 

disapprove State choices, based on the 

criteria of the Clean Air Act. 

Accordingly, this action merely 

conditionally approves certain State 

requirements for inclusion into the SIP 

under section 110 and subchapter I, part 

D of the Clean Air Act and will not inand-of itself create any new 

requirements. Accordingly, it does not 

provide EPA with the discretionary 

authority to address, as appropriate, 

disproportionate human health or 

environmental effects, using practicable 

and legally permissible methods, under 

Executive Order 12898. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

L. Petitions for Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 21, 

2010. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 13, 2010. 

Judith A. Enck, 

Regional Administrator, Region 2. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart HH—New York 

■ 2. Section 52.1683 is amended by 

adding new paragraph (k) to read as 

follows: 

52.1683 Control strategy: Ozone. 

* * * * * 

(k)(1) The September 1, 2006 New 

York reasonably available control 

technology (RACT) analysis plan 

submittal, supplemented on February 8, 

2008 and September 16, 2008, which 

applies to the entire State and to the 

New York portion of the New YorkNorthern New Jersey-Long Island, NYNJ-CT and the Poughkeepsie 8-hour 

ozone moderate nonattainment areas is 

conditionally approved. 

(2) The moderate area reasonably 

available control measure (RACM) 

analysis for the New York portion of the 

New York-Northern New Jersey-Long 

Island, NY-NJ-CT 8-hour ozone 

moderate nonattainment area as 

presented in the February 8, 2008 ‘‘New 

York SIP for Ozone—Attainment 

Demonstration for New York Metro 

Area’’ submittal is conditionally 

approved. 

[FR Doc. 2010–18074 Filed 7–22–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R03–OAR–2010–0431; FRL–9179–1] 

Approval of One-Year Extension for 

Attaining the 1997 8-Hour Ozone 

Standard in the Baltimore Moderate 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to extend the attainment date 

from June 15, 2010 to June 15, 2011 for 

the Baltimore nonattainment area, 

which is classified as moderate for the 

1997 8-hour ozone national ambient air 

quality standard (NAAQS). This 

extension is based in part on air quality 

data for the 4th highest daily 8-hour 

monitored value during the 2009 ozone 

season. Accordingly, EPA is revising the 

table in our regulations concerning the 

8-hour ozone attainment dates in the 

State of Maryland. EPA is approving the 

extension of the attainment date for the 

Baltimore moderate ozone 

nonattainment area in accordance with 

the requirements of the Clean Air Act 

(CAA). 

DATES: Effective Date: This rule is 

effective on September 21, 2010 without 

further notice, unless EPA receives 

adverse written comment by August 23, 

2010. If EPA receives such comments, it 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0431. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., confidential business 

information (CBI) 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 for public inspection during 

normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at Maryland Department of the 

Environment, 1800 Washington 

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43070 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Request for Attainment Date 

Extension for the Baltimore 

Nonattainment Area 

On March 12, 2010, the State of 

Maryland requested a one-year 

attainment date extension for the 

Baltimore nonattainment area which is 

classified as moderate for the 1997 8- 

hour ozone NAAQS. The Baltimore 

nonattainment area consists of Anne 

Arundel, Baltimore, Carroll, Harford, 

and Howard Counties and Baltimore 

City. Since this area was classified as a 

moderate ozone nonattainment area, the 

statutory ozone attainment date, as 

prescribed by section 181(a) of the CAA, 

is June 15, 2010. The State of 

Maryland’s request is that the 

attainment date be extended to June 15, 

2011. 

II. CAA Requirements and EPA Actions 

Regarding One-Year Extensions 

Section 172(a)(2)(C) of subpart 1 of 

the CAA provides for EPA to extend the 

attainment date for an area by one year 

if the State has complied with all the 

requirements and commitments 

pertaining to the area in the applicable 

implementation plan and no more than 

a minimal number of exceedances of the 

NAAQS has occurred in the attainment 

year. Up to two one-year extensions may 

be issued for a single nonattainment 

area. Section 181(a)(5) of subpart 2 

contains a similar provision for the 

ozone NAAQS, but instead of providing 

for an extension where there has been 

a ‘‘minimal’’ number of exceedances, it 

allows an extension only if there is no 

more than one exceedance of the 

NAAQS in the year proceeding the 

extension year. However, the language 

in section 181(a)(5) reflects the form of 

the 1-hour ozone NAAQS and not the 

1997 8-hour ozone NAAQS. 40 CFR 

51.907 sets forth how sections 

172(a)(2)(C) and 181(a)(5) apply to an 

area subject to the 1997 8-hour ozone 

NAAQS. Under 40 CFR 51.907, an area 

will meet the requirement of section 

172(a)(2)(C)(ii) or 181(a)(5)(B) of the 

CAA pertaining to one-year extensions 

of the attainment date if: 

(a) For the first one-year extension, 

the area’s 4th highest daily 8-hour 

average in the attainment year is 0.084 

parts per million (ppm) or less, 

(b) For the second one-year extension, 

the area’s 4th highest daily 8-hour 

value, averaged over both the original 

attainment year and the first extension 

year, is 0.084 ppm or less. 

(c) For purposes of paragraphs (a) and 

(b) of this section, the area’s 4th highest 

daily 8-hour average shall be from the 

monitor with the highest 4th highest 

daily 8-hour average of all the monitors 

that represent that area. 

EPA’s review of the actual ozone air 

quality data in the Air Quality System 

shows that the 4th highest daily average 

8-hour ozone concentrations for the 

2009 attainment year ozone season, for 

all monitors in the Baltimore moderate 

ozone nonattainment area are measured 

at 0.084 ppm or less (Table 1), as 

required by 40 CFR 51.907(a). The 

monitoring data has been quality 

controlled and quality assured. 

TABLE 1—MONITORING DATA FOR 8-HOUR OZONE IN THE BALTIMORE NONATTAINMENT AREA

Site ID County/State Year 4th Max 8-HR 

(ppm) 

24–003–0014 ............................................................ Anne Arundel, MD .................................................... 2009 0.070 

24–005–1007 ............................................................ Baltimore, MD ........................................................... 2009 0.068 

24–005–3001 ............................................................ Baltimore, MD ........................................................... 2009 0.071 

24–013–0001 ............................................................ Carroll, MD ............................................................... 2009 0.068 

24–025–1001 ............................................................ Harford, MD .............................................................. 2009 0.083 

24–025–9001 ............................................................ Harford, MD .............................................................. 2009 0.069 

24–510–0054 ............................................................ Baltimore (City), MD ................................................. 2009 0.066 

EPA has determined that the 

requirements for a one-year extension of 

the attainment date have been fulfilled 

as follows: 

(1) The State of Maryland has 

complied with all requirements and 

commitments pertaining to the area in 

the applicable ozone implementation 

plan; and 

(2) The Baltimore nonattainment 

area’s 4th highest daily 8-hour 

monitored value during the 2009 ozone 

season is 0.084 ppm or less. 

Therefore, EPA approves Maryland’s 

attainment date extension request for 

the Baltimore moderate ozone 

nonattainment area. As a result, the 

chart in 40 CFR 81.321 entitled 

‘‘Maryland—Ozone (8-Hour Standard)’’ 

is being modified to reflect EPA’s 

approval of Maryland’s attainment date 

extension request. 

III. Final Action 

EPA is approving the attainment date 

extension from June 15, 2010 to June 15, 

2011 for the Baltimore nonattainment 

area, which is classified as moderate for 

the 1997 8-hour ozone NAAQS. EPA is 

publishing this rule without prior 

proposal because the Agency views this 

as a noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

September 21, 2010 without further 

notice unless EPA receives adverse 

comment by August 23, 2010. If EPA 

receives adverse comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)). This action merely finds that 

an area has qualified for a one-year 

extension of the attainment date of a 

previously established NAAQS, and 

imposes no additional requirements. 

Accordingly, the Administrator certifies 

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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 43071 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this rule does not 

impose any additional enforceable 

duties, it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4). This rule also 

does not have a substantial direct effect 

on one or more Indian Tribes, on the 

relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

it have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

determines that each of two areas has 

attained a Federal standard, and does 

not alter the relationship or the 

distribution of power and 

responsibilities established in the CAA. 

This rule also is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997), because it is not economically 

significant. 

This rule does not involve 

establishment of technical standards, 

and thus, the requirements of section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(15 U.S.C. 272 note) do not apply. As 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996), 

in issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. EPA 

has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this direct 

final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. The rulemaking does 

not affect the level of protection 

provided to human health or the 

environment because extending the 

attainment date does not alter the 

emission reduction measures that are 

required to be implemented in the 

Baltimore Area, which is classified as 

moderate nonattainment for the 1997 8- 

hour ozone standard. See 69 FR at 

23909 (April 30 2004). Additionally, if 

the Baltimore Area were not granted an 

extension of its attainment date, EPA’s 

recourse would be to initiate a 

reclassification of the Baltimore Area 

from its current classification of 

moderate nonattainment to serious 

nonattainment, pursuant to section 

181(b)(2) of the CAA. Because the 

Baltimore area was formerly a severe 

nonattainment area under the revoked 

1-hour ozone standard (see, 56 FR at 

56773, November 6, 1991), it is required 

to continue to implement severe area 

requirements pursuant to EPA’s 

interpretation of ‘‘anti-backsliding’’ 

provision of section 172(e) of the CAA. 

See 69 FR at 23973, April 30, 2004, 

South Coast Air Quality Management 

District v. EPA, 472 F.3d 882 (DC Cir. 

2006), modified and rehearing den., 489 

F.3d 1245 (DC Cir. 2007). The severe 

area requirements are more stringent 

than both the moderate and serious area 

requirements set forth in Title I, Part D, 

Subpart 2 of the CAA. Therefore, even 

if EPA were to not grant the attainment 

date extension and instead move to 

reclassify the area to serious 

nonttainment, no additional emission 

reduction measures would be required 

to implemented in the Baltimore area 

through a 181(b)(2) reclassification. 

The extension of the attainment 

deadline for the 1997 8-hour ozone 

NAAQS does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: July 6, 2010. 

W. C. Early, 

Acting Regional Administrator, Region III. 

■ 40 CFR part 81 is amended as follows: 

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 81.321, the table entitled 

‘‘Maryland—Ozone (8-Hour Standard)’’ 

is amended by revising the entry for 

Baltimore, MD (Anne Arundel County, 

City of Baltimore, Baltimore County, 

Carroll County, Harford County, and 

Howard County) to read as follows: 

§ 81.321 Maryland. 

* * * * * 

MARYLAND—OZONE

[8-Hour standard] 

Designated Area 

Designation a Category/Classification 

Date 1 Type Date 1 Type 

Baltimore, MD: 

Anne Arundel County ....................................... Nonattainment ......................................... ....................................... 4Subpart 2/Moderate. 

City of Baltimore ....................................... Nonattainment ......................................... ....................................... 4Subpart 2/Moderate. 

Baltimore County ....................................... Nonattainment ......................................... ....................................... 4Subpart 2/Moderate. 

Carroll County ....................................... Nonattainment ......................................... ....................................... 4Subpart 2/Moderate. 

Harford County ....................................... Nonattainment ......................................... ....................................... 4Subpart 2/Moderate. 

Howard County ....................................... Nonattainment ......................................... ....................................... 4Subpart 2/Moderate. 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

2Effective April 15, 2008. 

3 November 22, 2004. 

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4Attainment date extended to June 15, 2011. 

* * * * * 

[FR Doc. 2010–17969 Filed 7–22–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

EPA–HQ–OPP–2009–0407; FRL–8835–6 

Trichoderma Hamatum Isolate 382; 

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 the microbial 

pesticide, Trichoderma hamatum 

isolate 382, in or on all food 

commodities when applied as a 

fungicide and used in accordance with 

good agricultural practices. Interregional 

Research Project Number 4 (IR-4) of 

Rutgers University (on behalf of Sellew 

and Associates, LLC) 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 Trichoderma hamatum 

isolate 382 under the FFDCA. 

DATES: This regulation is effective July 

23, 2010. Objections and requests for 

hearings must be received on or before 

September 21, 2010, 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: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0407. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) 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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The Docket 

Facility is open from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: Ann 

Sibold, Biopesticides and Pollution 

Prevention Division (7511P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–6502; e-mail address: 

sibold.ann@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. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

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.gpoaccess.gov/ecfr. To access the 

Harmonized Test Guidelines referenced 

in this document electronically, please 

go to http://www.epa.gov/ocspp and 

select ‘‘Test Methods and Guidelines.’’ 

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 number EPA–HQ– 

OPP–2009–0407 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 September 21, 2010. 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 that does not 

contain 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 a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2009–0407 by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: OPP Regulatory Public Docket 

(7502P), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Background and Statutory Findings 

In the Federal Register of July 22, 

2009 (74 FR 36200) (FRL–8425–8), EPA 

issued a notice pursuant to section 

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

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

pesticide tolerance petition (PP 7E7188) 

by IR-4, Rutgers University, 500 College 

Road, East, Suite 201W, Princeton, NJ 

08540 (on behalf of Sellew and 

Associates, LLC, 84 Shadybrook Lane, 

Carlisle, MA 01741). The petition 

requested that 40 CFR part 180 be 

amended by establishing an exemption 

from the requirement of a tolerance for 

residues of Trichoderma hamatum 

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