11312 Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 158 

[EPA–HQ–OPP–2020–0124; FRL–5331–04– 

OCSPP] 

RIN 2070–AJ49 

Notification of Submission to the 

Secretary of Agriculture; Pesticide 

Product Performance Data 

Requirements for Products Claiming 

Efficacy Against Certain Invertebrate 

Pests 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of submission to 

the Secretary of Agriculture. 

SUMMARY: This document notifies the 

public as required by the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) that the EPA Administrator 

has forwarded to the Secretary of the 

United States Department of Agriculture 

(USDA) a draft final rulemaking 

regulatory document concerning 

‘‘Pesticide Product Performance Data 

Requirements for Products Claiming 

Efficacy Against Certain Invertebrate 

Pests (RIN 2070–AJ49).’’ The draft 

regulatory document is not available to 

the public until after it has been signed 

and made available by EPA. 

DATES: See Unit I. under SUPPLEMENTARY

INFORMATION. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2020–0124, is 

available at https://

www.regulations.gov. That docket 

contains historical information and this 

Federal Register document; it does not 

contain the draft final rule. 

Please note that due to the public 

health concerns related to COVID–19, 

the EPA Docket Center (EPA/DC) and 

Reading Room is open to visitors by 

appointment only. For the latest status 

information on EPA/DC services and 

docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: Sara 

Kemme, Mission Support Division 

(7101M), Office of Program Support, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; telephone number: (202) 

566–1217; email address: kemme.sara@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

FIFRA section 25(a)(2)(A) requires the 

EPA Administrator to provide the 

Secretary of USDA with a copy of any 

draft final rule at least 60 days before 

signing it in final form for publication 

in the Federal Register. The draft final 

rule is not available to the public until 

after it has been signed by EPA. If the 

Secretary of USDA comments in writing 

regarding the draft final rule within 15 

days after receiving it, then the EPA 

Administrator shall include the 

comments of the Secretary of USDA and 

the EPA Administrator’s response to 

those comments with the final rule that 

publishes in the Federal Register. If the 

Secretary of USDA does not comment in 

writing within 15 days after receiving 

the draft final rule, then the EPA 

Administrator may sign the final rule for 

publication in the Federal Register any 

time after the 15-day period. 

II. Do any Statutory and Executive 

Order reviews apply to this 

notification? 

No. This document is merely a 

notification of submission to the 

Secretary of USDA. As such, none of the 

regulatory assessment requirements 

apply to this document. 

List of Subjects in 40 CFR Part 158 

Environmental protection, 

Administrative practice and procedure, 

Agricultural and non-agricultural, 

Pesticides and pests, Reporting and 

recordkeeping requirements. 

Dated: February 24, 2022. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2022–04265 Filed 2–28–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0635 and EPA–HQ– 

OPP–2021–0636; FRL–9551–01–OCSPP] 

Adipic 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 adipic acid 

(CAS Reg. No. 124–04–9) when used as 

an inert ingredient (acidification or 

buffering agent, pH regulator) in 

pesticide formulations applied to 

growing crops. Verdesian Life Sciences 

U.S., LLC, and Fine Agrochemicals Ltd., 

submitted petitions to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA) requesting the establishment of 

an exemption from the requirement of a 

tolerance for adipic acid. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of adipic acid on food or 

feed commodities when used in 

accordance with this exemption. 

DATES: This regulation is effective 

March 1, 2022. Objections and requests 

for hearings must be received on or 

before May 2, 2022 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 dockets for this action, 

identified by docket identification (ID) 

numbers EPA–HQ–OPP–2021–0635 and 

EPA–HQ–OPP–2021–0636 are available 

at https://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. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, 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). 


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Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations 11313 

• 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 Office of the Federal 

Register’s e-CFR site at https://

www.ecfr.gov/current/title-40. 

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–2021–0635 and/or EPA–HQ–OPP– 

2021–0636 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 May 

2, 2022. 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– 

2021–0635 and/or EPA–HQ–OPP–2021– 

0636, by one of the following methods: 

• Federal eRulemaking Portal: 

https://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 https://

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at https://www.epa.gov/ 

dockets. 

II. Petition for Exemption 

In the Federal Register of October 21, 

2021 (86 FR 58241) (FRL–8792–04– 

OCSPP), EPA issued a document 

pursuant to FFDCA section 408, 21 

U.S.C. 346a, announcing the filing of 

pesticide petitions PP IN–11546 by 

Verdesian Life Sciences U.S., LLC, 1001 

Winstead Drive, Suite 480, Cary, NC 

27513 and PP IN–11616 by Fine 

Agrochemicals Ltd., Hill End House, 

Whittington, Worcester WR5 2RQ, UK. 

The petitions requested that 40 CFR 

180.920 be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of adipic acid 

when used as an inert ingredient preharvest. That document referenced a 

summary of the petitions prepared by 

Verdesian Life Sciences U.S. and Fine 

Agrochemicals Ltd, the petitioners, 

which are available in their respective 

dockets, https://www.regulations.gov. 

There were no comments received in 

response to the notice of filings for 

either petition. 

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 

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 the 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 exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of the FFDCA 

defines ‘‘safe’’ to mean that EPA has 

determined 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 it 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 an 

exemption 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 

harm 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 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 to adipic acid, 

including exposure resulting from the 

exemption established by this action. 

EPA’s assessment of exposures and risks 

associated with adipic acid follows. 

In an effort to streamline its 

publications in the Federal Register, 

EPA is not reprinting sections that 

repeat what has been previously 

published for tolerance rulemakings of 

the same pesticide chemical. Where 

scientific information concerning a 

particular chemical remains unchanged, 

the content of those sections would not 

vary between tolerance rulemakings, 

and EPA considers referral back to those 

sections as sufficient to provide an 

explanation of the information EPA 

considered in making its safety 

determination for the new rulemaking. 

EPA has previously published a rule 

for the exemption from the requirement 

of a tolerance for residues of adipic acid 


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11314 Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations 

in which EPA concluded, based on the 

available information, that there is a 

reasonable certainty that no harm would 

result from aggregate exposure to adipic 

acid. EPA is incorporating previously 

published sections from that rulemaking 

as described further in this rulemaking, 

as they remain unchanged. 

Toxicological Profile. For a discussion 

of the Toxicological Profile of adipic 

acid, see Unit IV.A. of the December 3, 

2020, rulemaking (85 FR 78002) (FRL– 

10015–57). 

Toxicological Points of Departure/ 

Levels of Concern. No toxicological 

endpoint of concern for adipic acid has 

been identified in the database below 

the limit dose of 1000 mg/kg/day. 

Exposure Assessment. The Agency’s 

approach to and assumptions for the 

exposure assessments for adipic acid are 

discussed in Unit IV.C. of the December 

3, 2020, rulemaking. Additional 

exposures are possible from the 

expanded use of adipic acid; however, 

no toxicological endpoint of concern 

was identified for adipic acid below the 

limit dose and therefore, a quantitative 

assessment of exposure is not necessary. 

Safety Factor for Infants and 

Children. EPA continues to reach the 

same conclusion regarding the Food 

Quality Protection Act (FQPA) safety 

factor as discussed in Unit IV.D. of the 

December 3, 2020, rulemaking. 

Aggregate Risks and Determination of 

Safety. Based on the risk assessment and 

information described above, EPA 

concludes there is a reasonable certainty 

that no harm will result to the general 

population, or to infants and children, 

from aggregate exposure to adipic acid 

residues when used as an inert 

ingredient in pesticide formulations 

applied to growing crops. More detailed 

information about the Agency’s analysis 

can be found at https://

www.regulations.gov in the document 

titled ‘‘IN–11317; Adipic Acid: Human 

Health Risk and Ecological Effects 

Assessment of a Food Use Pesticide 

Inert Ingredient’’ in docket ID number 

EPA–HQ–OPP–2019–0569. 

V. 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 180.920 for residues of 

adipic acid (CAS Reg. No. 124–04–9) 

when used as an inert ingredient in 

pesticide formulations applied preharvest under 40 CFR 180.920. 

VII. Statutory and Executive Order 

Reviews 

This action establishes an exemption 

from the requirement of 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 action 

has been exempted from review under 

Executive Order 12866, this action 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 action 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 exemption 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 action 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 action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (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 

(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: February 17, 2022. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA amends 40 CFR chapter 

I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. In § 180.920, amend Table 1 to 

180.920 by adding, in alphabetical 

order, the inert ingredient ‘‘Adipic acid 

(CAS Reg. No. 124–04–9)’’ to read as 

follows: 

§ 180.920 Inert ingredients used preharvest; exemptions from the requirement 

of a tolerance. 

* * * * * 


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Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations 11315 

TABLE 1 TO 180.920 

Inert ingredients Limits Uses 

*******

Adipic acid (CAS Reg. No. 124–04–9) ............. ........................................................................... Acidification or buffering agent; pH regulator 

*******

[FR Doc. 2022–04077 Filed 2–28–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0225; FRL–8572–01– 

OCSPP] 

Ipflufenoquin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of ipflufenoquin 

in or on almond, almond, hulls, and 

fruit, pome, group 11–10. Nippon Soda 

Co., Ltd. requested these tolerances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

March 1, 2022. Objections and requests 

for hearings must be received on or 

before May 2, 2022, 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–2020–0225, is 

available at https://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. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, 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 EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/ 

current/title-40. 

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–2020–0225 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 May 

2, 2022. Addresses for mail and hand 

delivery of objections and hearing 

requests are provided in 40 CFR 

178.25(b). 

Despite the regulatory instructions to 

submit objections or hearing requests 

via U.S. Mail or hand delivery, EPA 

strongly encourages those interested in 

submitting objections or a hearing 

request, to submit objections and 

hearing requests electronically. See 

Order Urging Electronic Service and 

Filing (April 10, 2020), https://

www.epa.gov/sites/production/files/ 

2020-05/documents/2020-04-10_-_

order_urging_electronic_service_and_

filing.pdf. At this time, because of the 

COVID–19 pandemic, the judges and 

staff of the Office of Administrative Law 

Judges are working remotely and not 

able to accept filings or correspondence 

by courier, personal deliver, or 

commercial delivery, and the ability to 

receive filings or correspondence by 

U.S. Mail is similarly limited. When 

submitting documents to the U.S. EPA 

Office of Administrative Law Judges 

(OALJ), a person should utilize the 

OALJ e-filing system, at https://

yosemite.epa.gov/OA/EAB/EAB-ALJ_

upload.nsf. 

Although EPA’s regulations require 

submission via U.S. Mail or hand 

deliver, EPA intends to treat 

submissions filed via electronic means 

as properly filed submissions during 

this time that the Agency continues to 

maximize telework due to the 

pandemic; therefore, EPA believes the 

preference for submission via electronic 

means will not be prejudicial. If it is 

impossible for a person to submit 

documents electronically or receive 

service electronically, e.g., the person 

does not have any access to a computer, 

the person shall so advise OALJ by 

contacting the Hearing Clerk at (202) 

564–6281. If a person is without access 

to a computer and must file documents 

by U.S. Mail, the person shall notify the 

Hearing Clerk every time it files a 

document in such a manner. The 

address for mailing documents is U.S. 

Environmental Protection Agency, 

Office of Administrative Law Judges, 


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