Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Rules and Regulations 36071 

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 § 180.960, add in alphabetical 

order the polymer ‘‘Cellulose, ethyl 

2-hydroxyethyl ether, minimum number 

average molecular weight (in amu), 

165,000 Daltons’’ to the table to read as 

follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

* * * * * 

TABLE 1 TO § 180.960 

Polymer CAS No. 

*******

Cellulose, ethyl 2-hydroxyethyl ether, minimum number average molecular weight (in amu), 165,000 Daltons ............................... 9004–58–4 

* * * * * * * 

[FR Doc. 2022–12879 Filed 6–14–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0453; FRL–9816–01– 

OCSPP] 

Thiamethoxam; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of thiamethoxam 

in or on pineapples. Syngenta Crop 

Protection, LLC requested this tolerance 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective June 

15, 2022. Objections and requests for 

hearings must be received on or before 

August 15, 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–2021–0453, 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 and for the OPP 

Docket is (202) 566–1744. Please review 

the visitor instructions and additional 

information about the docket available 

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

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Acting Director, 

Registration Division (7505T), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

main telephone number: (202) 566– 

1030; 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 

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–2021–0453 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 

August 15, 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– 

2021–0453, 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/where-sendcomments-epa-dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of August 24, 

2021 (86 FR 47275) (FRL–8792–02– 


jspears on DSK121TN23PROD with RULES1
36072 Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Rules and Regulations 

OCSPP) EPA issued a document 

pursuant to FFDCA section 408(d)(3), 21 

U.S.C. 346a(d)(3), announcing the filing 

of a pesticide petition (PP 1E8908) by 

Syngenta Crop Protection, LLC., P.O. 

Box 18300, Greensboro, NC 27419– 

8300. The petition requested to establish 

a tolerance in 40 CFR part 180.565 for 

residues of the insecticide, 

Thiamethoxam {3-[(2-chloro-5- 

thiazolyl)methyl]tetrahydro-5-methyl-Nnitro-4H-1,3,5-oxadiazin-4-imine} and 

its metabolite [N-(2-chloro-thiazol-5- 

ylmethyl)-N′-methyl-N′-nitroguanidine], in or on pineapple at 0.03 

parts per million (ppm) and 0.05 ppm 

for pineapple, process residue. That 

document referenced a summary of the 

petition prepared by Syngenta, the 

petitioner, which is available in the 

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

There were no comments received in 

response to the notice of filing. 

Based upon review of the data 

supporting the petition and in 

accordance with its authority under 

FFDCA section 408(d)(4)(A)(i), EPA is 

establishing the tolerances at different 

levels than requested. The reason for 

these changes is explained in Unit IV.C. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue. . . .’’ 

Tolerances for residues of 

thiamethoxam are listed in 40 CFR 

180.565 and are expressed in terms of 

the combined residues of the insecticide 

thiamethoxam and its metabolite CGA– 

322704. Metabolite CGA–322704 is also 

the registered active ingredient 

clothianidin (tolerance listings in 40 

CFR 180.586). Clothianidin (hereinafter 

referred to as CGA–322704) has a 

complete toxicological database and 

appears to have effects in mammals that 

are different from those of 

thiamethoxam. A separate risk 

assessment that addresses risks from 

CGA–322704 residues resulting from the 

direct application of CGA–322704 

(clothianidin), as well as risks from 

residues of CGA–322704 coming from 

thiamethoxam uses has been conducted, 

and there are no risk estimates of 

concern as a result of the proposed 

tolerance for thiamethoxam residues in 

imported pineapple. This document 

entitled, ‘‘Clothianidin. Human Health 

Risk Assessment to Address Exposure 

Associated with a New Tolerance for 

Thiamethoxam’’ can be found at https:// 

www.regulations.gov in docket ID 

number EPA–HQ–OPP–2021–0453. 

Consistent with FFDCA section 

408(b)(2)(D), and the factors specified 

therein, 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 thiamethoxam 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with thiamethoxam 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 rulemaking, 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 

tolerance rulemakings for 

thiamethoxam, in which EPA 

concluded, based on the available 

information, that there is a reasonable 

certainty that no harm would result 

from aggregate exposure to 

thiamethoxam and established 

tolerances for residues of that chemical. 

EPA is incorporating previously 

published sections from that rulemaking 

as described further in this rulemaking, 

as they remain unchanged. 

A. Toxicological Profile 

For a discussion of the Toxicological 

Profile of thiamethoxam, see Unit III.A. 

of the thiamethoxam tolerance 

rulemaking published in the Federal 

Register of February 15, 2017 (82 FR 

10712) (FRL–9957–00). 

B. Toxicological Points of Departure/ 

Levels of Concern 

For a summary of the Toxicological 

Points of Departure/Levels of Concern 

for thiamethoxam used for human risk 

assessment, see Unit III.B. of the 

February 15, 2017, thiamethoxam 

tolerance rulemaking. 

C. Exposure Assessment 

Much of the exposure assessment 

remains the same although updates have 

occurred to accommodate exposures 

from the petitioned-for tolerances. 

These updates are discussed in this 

section; for a description of the rest of 

the EPA approach to and assumptions 

for the exposure assessment, please 

reference Unit III.C. of the February 15, 

2017, rulemaking. 

EPA’s dietary exposure assessments 

have been updated to include the 

additional exposure from the new use of 

thiamethoxam on imported pineapple. 

The acute assessment is based on 

tolerance-level residues and assumes 

100 percent crop treated (PCT); the 

acute assessment is unrefined. The 

chronic assessment is based on average 

residues from crop field trials (except 

for tolerance-level residues in pineapple 

commodities) and assumes 100 PCT; the 

chronic assessment is partially refined. 

The assessments were conducted using 

the Dietary Exposure Evaluation Model 

software with the Food Commodity 

Intake Database (DEEM–FCID) Version 

4.02. EPA with 2005–2010 food 

consumption information from the 

United States Department of 

Agriculture’s (USDA’s) National Health 

and Nutrition Examination Survey, 

What We Eat in America, (NHANES/ 

WWEIA). 

Anticipated residue and PCT 

information. Section 408(b)(2)(E) of 

FFDCA authorizes EPA to use available 

data and information on the anticipated 

residue levels of pesticide residues in 

food and the actual levels of pesticide 

residues that have been measured in 

food. If EPA relies on such information, 

EPA must require pursuant to FFDCA 

section 408(f)(1) that data be provided 5 

years after the tolerance is established, 

modified, or left in effect, demonstrating 

that the levels in food are not above the 

levels anticipated. For the present 

action, EPA will issue such data call-ins 

as are required by FFDCA section 

408(b)(2)(E) and authorized under 

FFDCA section 408(f)(1). Data will be 

required to be submitted no later than 

5 years from the date of issuance of 

these tolerances. 

Drinking water exposure. EPA has 

revised the thiamethoxam drinking 

water assessment since the February 15, 


jspears on DSK121TN23PROD with RULES1
Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Rules and Regulations 36073 

2017, final rule. Based on the Pesticide 

in Water Calculator’s (PWC) version 

1.52, the estimated drinking water 

concentrations (EDWCs) of 

thiamethoxam in groundwater are 65 

parts per billion (ppb) for acute 

exposures and 58 ppm for chronic 

exposures. Groundwater EDWCs were 

used in the dietary assessment for all 

sources of drinking water. 

Cumulative exposure. 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.’’ 

In 2016, EPA’s Office of Pesticide 

Programs released a guidance document 

entitled ‘‘Pesticide Cumulative Risk 

Assessment: Framework for Screening 

Analysis.’’ The Agency has utilized this 

framework for thiamethoxam and 

determined that thiamethoxam along 

with clothianidin, acetamiprid, 

dinotefuran, imidacloprid, nithiazine 

and thiacloprid form a candidate 

common mechanism group (CMG). This 

group of pesticides, referred to as 

neonicotinoids, is considered a 

candidate CMG because they share 

characteristics to support a testable 

hypothesis for a common mechanism of 

action for neonicotinoids. 

Following this determination, the 

Agency conducted a screening-level 

cumulative risk assessment consistent 

with the 2016 guidance document. The 

current screening assessment indicates 

that cumulative risk estimates for 

neonicotinoids are below the Agency’s 

levels of concern. A detailed description 

of the cumulative screening assessment 

can be found in the Neonicotinoid 

Cumulative Screening Risk Assessment 

Memo (M. Perron et al., DP460743, 3/ 

01/2021). No further cumulative 

evaluation is necessary for 

thiamethoxam. 

D. Safety Factor for Infants and 

Children 

EPA continues to conclude that there 

are reliable data to support the 

reduction of the Food Quality Protection 

Act (FQPA) safety factor. See Unit III.D. 

of the February 15, 2017, rulemaking for 

a discussion of the Agency’s rationale 

for that determination. 

E. Aggregate Risks and Determination of 

Safety 

EPA determines whether acute and 

chronic dietary pesticide exposures are 

safe by comparing aggregate exposure 

estimates to the acute population 

adjusted dose (aPAD) and chronic population adjusted dose (cPAD). Short-, 

intermediate-, and chronic risks are 

evaluated by comparing the estimated 

aggregate food, water, and residential 

exposure to the appropriate points of 

departure to ensure that an adequate 

margin of exposure (MOE) exists. For 

linear cancer risks, EPA calculates the 

lifetime probability of acquiring cancer 

given the estimated aggregate exposure. 

Acute dietary risks are below the 

Agency’s level of concern of 100% of 

the aPAD; they are 12% of the aPAD for 

children 1 to 2 years old, the population 

subgroup with the highest exposure. 

Chronic dietary risks are below the 

Agency’s level of concern of 100% of 

the cPAD; they are 73% of the cPAD for 

children 1 to 2 years old, the population 

subgroup with the highest exposure. 

EPA has concluded the combined 

short-term food, water, and residential 

exposures result in aggregate MOEs of 

130 for adults, 160 for children older 

than 6 years old, and 340 for children 

less than 6 years old. Because EPA’s 

level of concern for thiamethoxam is an 

MOE of 100 or below, short-term 

aggregate risks are not of concern. 

Because there is no intermediate-term 

expected residential exposure, the 

intermediate-term risk has not been 

assessed. Dietary exposure is the only 

relevant route of exposure for chronic 

durations; therefore, the chronic dietary 

risk is the same as the overall aggregate 

risk for thiamethoxam and is not of 

concern. Thiamethoxam is classified as 

‘‘Not likely to be carcinogenic to 

humans’’; therefore, EPA does not 

expect thiamethoxam exposures to pose 

an aggregate cancer risk. 

Therefore, based on the risk 

assessments 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 thiamethoxam residues. 

More detailed information on this action 

can be found in the document entitled, 

‘‘Thiamethoxam. Human Health Risk 

Assessment for Use on Imported 

Pineapple’’ in the docket ID number, 

EPA–HQ–OPP–2021–0453. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

For a discussion of the available 

analytical enforcement method, see Unit 

IV.A. of the February 15, 2017, 

rulemaking. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

Codex has established an MRL for 

thiamethoxam in pineapple at 0.01 mg/ 

kg which is different than the U.S. 

tolerance. At this time, the Codex and 

EPA residue definitions are different 

(Codex’s MRL is for the parent 

compound, thiamethoxam only, while 

EPA’s is thiamethoxam plus metabolite 

CGA–322704); therefore, it is not 

possible to harmonize with the Codex 

MRL. 

C. Revisions to Petitioned-For 

Tolerances 

The tolerance on pineapple is being 

set at 0.04 ppm and pineapple, process 

residue at 0.06 ppm instead of the 

proposed levels of 0.03 and 0.05, 

respectively. The petitioner used only 

thiamethoxam residues as inputs for the 

Organization for Economic Cooperation 

and Development (OECD) tolerance 

calculation procedure. Using both 

thiamethoxam and its metabolite CGA– 

322704 for the input data set results in 

recommended tolerances of 0.04 ppm 

for pineapple and 0.06 ppm for 

pineapple, process residue. 

V. Conclusion 

Therefore, a tolerance is established 

for residues of thiamethoxam, including 

its metabolites and degradates, in or on 

pineapple at 0.04 ppm and in or on 

pineapple, process residue at 0.06 ppm. 

VI. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

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 to 

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 


jspears on DSK121TN23PROD with RULES1
36074 Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Rules and Regulations 

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 tolerances 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). 

VII. 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: June 9, 2022. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter 1 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 § 180.565, amend paragraph (a) 

by designating the table as ‘‘Table 1 to 

Paragraph (a)’’ and adding in 

alphabetical order the entries 

‘‘Pineapple 1’’ and ‘‘Pineapple, process 

residue 1’’ to read as follows: 

§ 180.565 Thiamethoxam; tolerances for 

residues. 

(a) * * * 

TABLE 1 TO PARAGRAPH (a) 

Commodity Parts per 

million 

* * * * * 

Pineapple 1 .................................. 0.04 

* * * * * 

Pineapple, process residue 1 ...... 0.06 

****

1There are no U.S. registrations for these 

commodities as of June 15, 2022. 

* * * * * 

[FR Doc. 2022–12880 Filed 6–14–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R05–RCRA–2021–0389; FRL–9917– 

03–R5] 

Michigan: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final authorization. 

SUMMARY: The Environmental Protection 

Agency (EPA) is granting Michigan final 

authorization for changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). The Agency published a 

proposed rule on December 13, 2021 

and provided for public comment. One 

comment was submitted by the State of 

Michigan in which the State identified 

a rule that was part of their application 

for authorization that was not addressed 

in the proposed authorization. EPA 

acknowledges this oversight and will 

address this rule in a future action. 

DATES: This final authorization is 

effective June 15, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–RCRA–2021–0389. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Angela Mullins, RCRA C&D Section, 

Land, Chemicals, and Redevelopment 

Division, U.S. Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, LL–17J, Chicago, IL 60604. 

Angela Mullins can be reached by 

telephone at (312) 886–4237 or via 

email at mullins.angela@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. What changes to Michigan’s 

hazardous waste program is EPA 

authorizing with this action? 

On March 15, 2021, Michigan 

submitted a complete program revision 

application seeking authorization of 

changes to its hazardous waste program 

in accordance with 40 CFR 271.21. EPA 

now makes a final decision that 

Michigan’s hazardous waste program 

revisions that are being authorized are 

equivalent to, consistent with, and no 

less stringent than the Federal program, 

and therefore satisfy all of the 

requirements necessary to qualify for 

final authorization. For a list of State 

rules being authorized with this Final 

Authorization, please see the Proposed 

Rule published in the December 13, 

2021, Federal Register at Michigan: 

Proposed Authorization of State 

Hazardous Waste Program Revisions (86 

FR 70790, December 13, 2021). 

B. What is codification and is EPA 

codifying the Michigan’s hazardous 

waste program as authorized in this 

rule? 

Codification is the process of placing 

citations and references to the State’s 


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