```

[Federal Register Volume 79, Number 172 (Friday, September 5, 2014)]
[Rules and Regulations]
[Pages 52990-52994]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21109]

[[Page 52990]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0073; FRL-9914-18]

Sulfuric Acid; 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 sulfuric acid (CAS Reg. No. 7664-93-9), 
when used as an inert ingredient, in antimicrobial formulations, on 
food-contact surfaces in public eating places, dairy-processing 
equipment, and food-processing equipment and utensils. Exponent, Inc., 
on behalf of Ecolab, Inc., submitted a petition to EPA under the 
Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment 
of an exemption from the requirement of a tolerance. This regulation 
eliminates the need to establish a maximum permissible level for 
residues of sulfuric acid.

DATES: This regulation is effective September 5, 2014. Objections and 
requests for hearings must be received on or before November 4, 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-2014-0073, 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: Lois Rossi, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: RDFRNotices@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=/ecfrbrowse/Title40/
40tab02.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-2014-0073 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 4, 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-2014-0073, 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. Petition for Exemption

    In the Federal Register of February 25, 2014 (79 FR 10458) (FRL-
9906-77), EPA issued a document pursuant to FFDCA section 408, 21 
U.S.C. 346a, announcing the filing of a pesticide petition (PP IN-
10654) by Exponent, Inc. (1150 Connecticut Ave. NW., Washington, DC 
20036), on behalf of Ecolab, Inc., 370 N. Wasbasha St., St. Paul, MN 
55102. The petition requested that 40 CFR 180.940 be amended by 
establishing an exemption from the requirement of a tolerance for 
residues of sulfuric acid (CAS Reg. No. 7664-93-9) when used as an 
inert ingredient in antimicrobial formulations applied on food-contact 
surfaces in public eating places, dairy-processing equipment, and food-
processing equipment and utensils up to 600 parts per million (ppm) in 
end use formulations. That document referenced a summary of the 
petition prepared by Exponent, Inc., on behalf of Ecolab, Inc., the 
petitioner, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the 
notice of filing.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active 
ingredients as defined in 40 CFR 153.125 and include, but are not 
limited to, the following types of ingredients (except when they have a 
pesticidal efficacy of their own): Solvents such as alcohols and 
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty 
acids; carriers such as clay and diatomaceous earth; thickeners such as 
carrageenan and modified cellulose; wetting, spreading, and dispersing 
agents; propellants in aerosol dispensers; microencapsulating agents; 
and emulsifiers. The term ``inert'' is not intended to imply 
nontoxicity; the ingredient may or may not be

[[Page 52991]]

chemically active. Generally, EPA has exempted inert ingredients from 
the requirement of a tolerance based on the low toxicity of the 
individual inert ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an 
exemption from the requirement for 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 . . . ''
    EPA establishes exemptions from the requirement of a tolerance only 
in those cases where it can be clearly demonstrated that the risks from 
aggregate exposure to pesticide chemical residues under reasonably 
foreseeable circumstances will pose no appreciable risks to human 
health. In order to determine the risks from aggregate exposure to 
pesticide inert ingredients, the Agency considers the toxicity of the 
inert in conjunction with possible exposure to residues of the inert 
ingredient through food, drinking water, and through other exposures 
that occur as a result of pesticide use in residential settings. If EPA 
is able to determine that a finite tolerance is not necessary to ensure 
that there is a reasonable certainty that no harm will result from 
aggregate exposure to the inert ingredient, an exemption from the 
requirement of a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors 
specified in FFDCA section 408(c)(2)(B), 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 sulfuric acid including 
exposure resulting from the exemption established by this action. EPA's 
assessment of exposures and risks associated with sulfuric acid 
follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their 
validity, completeness, and reliability as well as the relationship of 
the results of the studies to human risk. EPA has also considered 
available information concerning the variability of the sensitivities 
of major identifiable subgroups of consumers, including infants and 
children. Specific information on the studies received and the nature 
of the adverse effects caused by sulfuric acid as well as the no-
observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-
effect-level (LOAEL) from the toxicity studies are discussed in this 
unit.
    In formulating a pesticide product, an acidic chemical such as 
sulfuric acid serves a specific purpose, that of a neutralizing agent 
or a pH adjuster. During the manufacture of a pesticide product (or, in 
fact, many industrial chemicals), it may be necessary to adjust the pH 
of the product. An acid functions as a neutralizing agent when the 
hydrogen ion (H+ 1) combines with the hydroxy (OH-) in a basic solution 
to form a molecule of water. Small amounts of the hydrogen ion would be 
added to the solution to lower the pH until a neutral pH is reached. 
After the pH adjustment is performed and the neutralization reaction 
occurs, sulfuric acid is no longer present. The reaction products that 
are then present are the sulfate (II) negatively charged ion and water.
    Alternatively, it might be necessary to have a pesticide product 
maintain an acidic pH; thus, the sulfuric acid would be added during 
the manufacturing process to deliberately lower the pH, which would 
mean an excess of the hydrogen ion. Such products are not likely to be 
sold to the residential market.
    As a chemical class, acids are significantly different from many of 
the chemicals regulated as inert ingredients in pesticide products. 
First, acids are highly corrosive. Due to this property, toxicity 
testing can only be performed on very diluted solutions. Therefore, 
toxicity studies performed with undiluted (concentrated) sulfuric acid 
are not available. Second, acids are highly reactive, and therefore are 
not expected to be persistent in the food supply, the environment, or 
in water resources. Sulfuric acid would be expected to dissociate and 
immediately react with both plant and animal materials.
    Chemically, an acid is a substance that yields a hydrogen (H+1) ion 
when dissolved in water. The increase of the concentration of the H+ 1 
ion reduces the pH. It is the hydrogen ion that is highly reactive, 
thus displaying the corrosive characteristic. The consequences of acute 
exposure to acids are well understood; they are corrosive to the eyes, 
the skin, and the respiratory tract. The hazard of any acidic chemical 
derives directly from and is due to these irritation and acidic 
effects.
    Sulfuric acid is a strong acid. It is also a commonly used 
chemical. It has been used for years, and therefore, there is a 
significant body of existing publicly available information.
     Solutions of sulfuric acid greater than 10% are severely 
corrosive by all routes of exposure.
     Solutions of sulfuric acid of less than 10% are strong 
irritants.
     There is sufficient evidence that occupational exposure to 
strong-inorganic-acid mists containing sulfuric acid is carcinogenic 
(International Agency for Research on Cancer).
     There were no significant developmental or reproductive 
effects in mice or rabbits exposed to 20 milligram/cubic meter (mg/m3) 
sulfuric acid aerosols 7 hours per day on gestation days 6 to 15 
(Agency for Toxic Substances and Disease (ATSDR)).
    In fact, available data for sulfuric acid indicates that the acute 
oral and dermal toxicity of sulfuric acid is moderate; the acute 
inhalation lethal concentration (LC50) is 18 mg/m3 in guinea 
pigs; and that sulfuric acid is corrosive to the eyes and skin in 
rabbits.
    However, as noted above, exposure to sulfuric acid in pesticide 
products as an inert ingredient would be in the role of a pH adjuster, 
that is, a liquid form, not a mist. As an inert ingredient small 
amounts of sulfuric acid are incorporated in a pesticide product to 
lower the pH. After the pH adjustment is performed, the sulfuric acid 
would be neutralized, and therefore no longer present. It is recognized 
that sulfuric acid must be used and applied according to good 
manufacturing or good agricultural practices.
    There are no available information on sulfuric acid indicative of a 
human health hazard from the ingestion of food directly treated with 
sulfuric acid. In fact, sulfuric acid would not be present in consumed 
foods. The small amounts of acids that might be added to a food during 
processing react rapidly with a food substance. Thus, the exposure is 
actually to sulfate residues.
    In aqueous environments, sulfuric acid will rapidly dissociate into 
sulfate ions and hydrogen protons. The sulfate

[[Page 52992]]

anion, which is a normal constituent in the body, predominantly 
resulting from the body's metabolism of sulfur-containing food sources 
such as foods containing the essential amino acids cysteine and 
methionine, will enter the body electrolyte pool. Sulfate anions are 
vital components in a number of human biosynthetic pathways such as 
cartilage production and the formation of pancreatic digestive enzymes. 
Additionally, the sulfate anion is also an important conjugate in the 
Phase II conjugation/elimination of oxidized (OH) aromatic ring 
metabolites and for hydroxyl steroid hormones, such as estrogen, where 
it acts as a transport agent to target organ tissue receptors. 
Following ingestion, sulfate anions are predominantly not absorbed from 
the gastrointestinal tract and are excreted unchanged in urine. 
Therefore, the sulfate anion is unlikely to pose significant toxicity.
    The sulfate residues (resulting from the use of sulfuric acid) are 
of minimal toxicity. In fact, calcium, sodium, magnesium, and potassium 
sulfates have been previously classified as List 4A, chemical 
substances of minimal risk. Various sulfate chemicals have uses as 
direct food additives. The human body metabolizes sulfate through well-
understood pathways. It is a necessary human nutrient. There are no 
significant adverse effects, to the general public or any population 
subgroup from consumption of residues of sulfuric acid (actually the 
neutralized form which is the sulfate ion in solution) resulting from 
pesticide product uses.
    Sulfuric acid was not mutagenic in the Ames Test. It caused 
chromosomal aberrations in a non-bacterial test in vitro. However, it 
is well known that the aberrations were a consequence of reduced pH.
    Neither a neurotoxicity nor an immunotoxicity study was available 
for review. However, any sulfuric acid absorbed into the body would be 
in the form of inorganic sulfate, which is indistinguishable from 
endogenous sulfate. As a normal body constituent, sulfate is unlikely 
to be neurotoxic or immunotoxic.

B. Toxicological Points of Departure/Levels of Concern

    Based on the low potential hazard, toxicological endpoints of 
concern have not been identified for sulfuric acid. Thus, due to its 
low potential hazard and lack of hazard endpoint, the Agency has 
determined that a quantitative risk assessment using safety factors 
applied to a point of departure protective of an identified hazard 
endpoint is not appropriate.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses and drinking water. In 
evaluating dietary exposure to sulfuric acid, EPA considered exposure 
under the proposed exemption from the requirement of a tolerance. EPA 
assessed dietary exposures from sulfuric acid in food as follows:
    Dietary exposure (food and drinking water) to sulfuric acid can 
occur following ingestion of foods with residues from food-contact 
surface sanitizing solutions for public eating places, treated dairy- 
and food-processing equipment and utensils; pre- and post-harvest crop 
uses and as a direct food additives. However, a quantitative dietary 
exposure assessment was not conducted since an endpoint for risk 
assessment was not identified.
    2. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., textiles (clothing and diapers), carpets, swimming 
pools, and hard surface disinfection on walls, floors, tables).
    Residential (dermal and inhalation) exposure are not expected from 
the current requested use pattern. However, residential (dermal and 
inhalation) exposure can occur from the use of consumer products 
containing sulfuric acid (i.e., stain remover, drain solutions). Since 
an endpoint for risk assessment was not identified, a quantitative 
residential exposure assessment for sulfuric acid was not conducted.
    3. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when 
considering whether to establish, modify, or revoke a tolerance, the 
Agency consider ``available information'' concerning the cumulative 
effects of a particular pesticide's residues and ``other substances 
that have a common mechanism of toxicity.''
    EPA has not found sulfuric acid to share a common mechanism of 
toxicity with any other substances, and sulfuric acid does not appear 
to produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 
sulfuric acid does not have a common mechanism of toxicity with other 
substances. For information regarding EPA's efforts to determine which 
chemicals have a common mechanism of toxicity and to evaluate the 
cumulative effects of such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an 
additional tenfold (10x) margin of safety for infants and children in 
the case of threshold effects to account for prenatal and postnatal 
toxicity and the completeness of the database on toxicity and exposure 
unless EPA determines based on reliable data that a different margin of 
safety will be safe for infants and children. This additional margin of 
safety is commonly referred to as the Food Quality Protection Act 
Safety Factor (FQPA SF). In applying this provision, EPA either retains 
the default value of 10x, or uses a different additional SF when 
reliable data available to EPA support the choice of a different 
factor.
    As part of its qualitative assessment, the Agency did not use SFs 
for assessing risk, and no additional SF is needed for assessing risk 
to infants and children. Based on an assessment of sulfuric acid and 
its chemical properties, EPA has concluded that there are no 
toxicological endpoints of concern for the U.S. population, including 
infants and children.

E. Aggregate Risks and Determination of Safety

    In examining aggregate exposure, EPA takes into account the 
available and reliable information concerning exposures to pesticide 
residues in food and drinking water, and non-occupational pesticide 
exposures. Dietary (food and drinking water) and non-dietary 
(residential) exposures of concern are not anticipated for sulfuric 
acid because it dissociates to ions in water, these ions are essential 
components in the human metabolic processes and there are no toxicity 
issues. In addition, it is currently exempted from the requirement of a 
tolerance (with limitations) under 40 CFR 180.940(b) and (c); 40 CFR 
180.910 and 40 CFR 180.1019. Further, the Food and Drug Administration 
(FDA) considers sulfuric acid as generally recognized as safe (GRAS) 
for use in foods and drinking water. Taking into consideration all 
available information on sulfuric acid up to 600 ppm, EPA has 
determined that there is a reasonable certainty that no harm to any 
population subgroup will result from aggregate exposure to sulfuric 
acid under reasonable foreseeable circumstances. Therefore, the 
establishment of an exemption from tolerance under 40 CFR

[[Page 52993]]

180.940 for residues of sulfuric acid when used as an inert ingredient 
in pesticide formulations on food contact surfaces in public eating 
places, dairy processing equipment and food processing equipment and 
utensils up to 600 ppm in antimicrobial formulations, is safe under 
FFDCA section 408.

V. Other Considerations

 Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since 
the Agency is establishing an exemption from the requirement of a 
tolerance without any numerical limitation.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is 
established under 40 CFR 180.940 for sulfuric acid (CAS Reg. No. 7664-
93-9) when used as an inert ingredient in microbial formulations 
applied on food-contact surfaces in public eating places, dairy-
processing equipment and food-processing equipment and utensils up to 
600 ppm.
    Paragraph (b) of 40 CFR 180.940 contains an entry exempting 
residues of sulfuric acid in antimicrobial formulations applied to 
dairy-processing equipment and food-processing equipment and utensils 
up to 288 ppm, and paragraph (c) of 40 CFR 180.940 contains an entry 
exempting residues of sulfuric acid in antimicrobial formulations 
applied to food-processing equipment and utensils at concentrations not 
to exceed 228 ppm. Because EPA is establishing an exemption for 
residues of sulfuric acid in paragraph (a) of 40 CFR 180.940, which 
would exempt residues of sulfuric acid in antimicrobial formulations 
applied to food-contact surfaces in public eating places, dairy-
processing equipment, and food-processing equipment and utensils at 
concentrations not to exceed 600 ppm, this exemption supersedes the 
current exemptions in paragraphs (b) and (c) of 40 CFR 180.940. To 
avoid confusion caused by inconsistency between the paragraphs and 
because all residues covered under 40 CFR 180.940(b) and (c) would also 
be covered under 40 CFR 180.940(a), EPA is removing the entries for 
sulfuric acid (CAS Reg. No. 7664-93-9) in 40 CFR 180.940(b) and (c).

VII. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under FFDCA section 408(d) 
in response to a petition submitted to the Agency. 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).
    Since tolerances and exemptions that are established on the basis 
of a petition under FFDCA section 408(d), such as the tolerance in this 
final rule, 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 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).

VIII. 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 25, 2014.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.940:
0
a. Alphabetically add the following inert ingredient to the table in 
paragraph (a).
0
b. Remove the entries for sulfuric acid (CAS Reg. No. 7664-93-9) from 
the tables in paragraphs (b) and (c).
    The addition reads as follows:

Sec.  180.940  Tolerance exemptions for active and inert ingredients 
for use in antimicrobial formulations (Food-contact surface sanitizing 
solutions).

* * * * *
    (a) * * *

[[Page 52994]]

----------------------------------------------------------------------------------------------------------------
           Pesticide chemical                     CAS Reg. No.                            Uses
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Sulfuric acid...........................  7664-93-9..................  Food-contact surfaces in public eating
                                                                        places, dairy-processing equipment, and
                                                                        food-processing equipment and utensils
                                                                        in antimicrobial formulations. Not to
                                                                        exceed 600 ppm.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2014-21109 Filed 9-4-14; 8:45 am]
BILLING CODE 6560-50-P
```