39752 Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Rules and Regulations 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: June 28, 2022. 

Cheryl Newton, 

Deputy Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, 40 CFR parts 52 and 81 are 

amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. In § 52.770, the table in paragraph 

(e) is amended by adding entries for 

‘‘Clark and Floyd Counties 2015 8-hour 

Ozone Emission Inventory,’’ ‘‘Lake, 

Porter, Clark, and Floyd Counties 2015 

8-hour Ozone Emission Statement’’ and 

‘‘Clark and Floyd Counties 2015 8-hour 

Ozone Maintenance Plan’’ immediately 

following the entry for ‘‘Lake and Porter 

Counties 2008 8-hour Ozone 

Maintenance Plan’’ to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title Indiana date EPA approval Explanation 

*******

Clark and Floyd Counties 2015 8-hour Ozone Emission Inventory.1/21/2021 7/5/2022, [INSERT Federal Register CITATION] ..

Lake, Porter, Clark, and Floyd Counties 2015 8- 

hour Ozone Emission Statement.

1/21/2021 7/5/2022, [INSERT Federal Register CITATION] ..

Clark and Floyd Counties 2015 8-hour Ozone Maintenance Plan.2/21/2022 7/5/2022, [INSERT Federal Register CITATION] ..

* * * * * * * 

* * * * * 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. Section 81.315 is amended by 

revising the entry ‘‘Louisville, KY-IN’’ 

in the table entitled ‘‘Indiana—2015 8- 

Hour Ozone NAAQS [Primary and 

Secondary]’’ to read as follows: 

§ 81.315 Indiana 

* * * * * 

INDIANA—2015 8-HOUR OZONE NAAQS 

[Primary and Secondary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

*******

Louisville, KY-IN ................................................... July 5, 2022 ................. Attainment .................... ...................................... Marginal. 

Clark County.

Floyd County.

* * * * * * * 

1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian 

country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2This date is August 3, 2018, unless otherwise noted. 

* * * * * 

[FR Doc. 2022–14202 Filed 7–1–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0386; FRL–9819–01– 

OCSPP] 

Pyriofenone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of pyriofenone in 

or on the tomato subgroup 8–10A and 

the pepper/eggplant subgroup 8–10B 

and removes the established tolerance 

for the vegetable, fruiting, group 8–10 

and the expired tolerance for the fruit, 

small vine climbing subgroup 13–07D. 

Interregional Research Project Number 4 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Rules and Regulations 39753 

(IR–4) requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective July 

5, 2022. Objections and requests for 

hearings must be received on or before 

September 6, 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–2021–0386, 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 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–2021–0386 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 6, 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– 

2021–0386, 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 October 21, 

2021 (86 FR 58239) (FRL–8792–04– 

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 1E8905) by 

IR–4, North Carolina State University, 

1730 Varsity Drive, Venture IV, Suite 

210, Raleigh, NC 27606. The October 21, 

2021, document incorrectly identified 

the petition number as 1E9805. The 

petition requested that 40 CFR part 180 

be amended by establishing tolerances 

for residues of the fungicide 

pyriofenone in or on the pepper/ 

eggplant subgroup 8–10B at 2 parts per 

million (ppm) and the tomato subgroup 

8–10A at 0.3 ppm. The petition also 

requested to remove the existing 

tolerance on vegetable, fruiting, group 

8–10 at 0.3 ppm. That document 

referenced a summary of the petition, 

which is available in the docket, https:// 

www.regulations.gov. One comment was 

submitted by the United States 

Department of Agriculture (USDA) in 

response to the notice of filing. The 

comment was in support of the petition. 

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 petitioned for and is 

modifying the crop group definition to 

be consistent with Agency terminology. 

A discussion of these modifications can 

be found in section 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. . . .’’ 

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 pyriofenone 


lotter on DSK11XQN23PROD with RULES1
39754 Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Rules and Regulations 

including exposure resulting from the 

tolerances established by this action. 

EPA’s assessment of exposures and risks 

associated with pyriofenone 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 rulemaking 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 pyriofenone 

in which EPA concluded, based on the 

available information, that there is a 

reasonable certainty that no harm would 

result from aggregate exposure to 

pyriofenone and established tolerances 

for residues of that chemical. EPA is 

incorporating previously published 

sections from these rulemakings as 

described further in this rulemaking, as 

they remain unchanged. 

Toxicological profile. For a discussion 

of the Toxicological Profile of 

pyriofenone, see Unit III.A. of the May 

30, 2019, rulemaking (84 FR 24983) 

(FRL–9993–11). 

Toxicological points of departure/ 

Levels of concern. For a summary of the 

Toxicological Points of Departure/ 

Levels of Concern for pyriofenone used 

for human risk assessment, please 

reference Unit III.B. of the May 30, 2019, 

rulemaking. 

Exposure assessment. EPA’s dietary 

exposure assessments have been 

updated to include the additional 

exposure from the new greenhouse uses 

of pyriofenone on the pepper/eggplant 

subgroup and tomato subgroup. An 

acute dietary exposure assessment was 

not performed as there are no 

appropriate toxicological effects 

attributable to a single exposure (dose). 

A conservative chronic dietary exposure 

assessment was performed for 

pyriofenone, assuming 100 percent crop 

treated (PCT), tolerance-level residues, 

and default processing factors. The 

chronic dietary exposure assessment 

was revised to reflect the updated 

Dietary Exposure Evaluation Model that 

incorporates the What We Eat in 

America (WWEIA) consumption data 

from 2005–2010. The chronic estimated 

drinking water concentration (EDWC) of 

3.9 ppb is unchanged from the May 30, 

2019, rulemaking and was directly 

incorporated into the chronic 

assessment. A cancer dietary assessment 

was not conducted because pyriofenone 

is classified as ‘‘not likely to be 

carcinogenic to humans.’’ Because there 

are no existing or proposed residential 

uses associated with pyriofenone, there 

is not expected to be any residential 

handler exposure or post-application 

exposures. 

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.’’ 

Unlike other pesticides for which EPA 

has followed a cumulative risk approach 

based on a common mechanism of 

toxicity, EPA has not made a common 

mechanism of toxicity finding as to 

pyriofenone and any other substances 

and pyriofenone does not appear to 

produce a toxic metabolite produced by 

other substances. For the purposes of 

this action, therefore, EPA has not 

assumed that pyriofenone has a 

common mechanism of toxicity with 

other substances. 

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 from 10X to 

1X. See Unit III.D. of the May 30, 2019, 

rulemaking for a discussion of the 

Agency’s rationale for that 

determination. 

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-term 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. 

An acute dietary exposure assessment 

was not performed as there were no 

appropriate toxicological effects 

attributable to a single exposure (dose) 

observed in available oral toxicity 

studies, including maternal toxicity in 

the developmental toxicity studies. 

Chronic dietary risks are below the 

Agency’s level of concern of 100% of 

the cPAD; they are 4.9% of the cPAD for 

children 1 to 2 years old, the group with 

the highest exposure. There are no 

proposed or registered residential uses; 

therefore short- and intermediate-term 

residential exposure is not expected. 

Pyriofenone is classified as ‘‘Not Likely 

to Be Carcinogenic to Humans’’; 

therefore, EPA does not expect 

pyriofenone 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 pyriofenone residues. More 

detailed information on this action can 

be found in the document titled 

‘‘Pyriofenone. Human Health Risk 

Assessment for Section 3 Registration of 

Pyriofenone in Greenhouses for Crop 

Groups 8–10 and 9’’ in docket ID EPA– 

HQ–OPP–2021–0386. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

For a discussion of the available 

analytical enforcement method, see Unit 

IV.A. of the May 30, 2019, 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 not established MRLs on 

crop subgroups 8–10A (tomato 

subgroup) or 8–10B (pepper/eggplant 

subgroup). 

C. Revisions to Petitioned-For 

Tolerances 

The Organisation for Economic Cooperation and Development (OECD) 

maximum residue limit (MRL) 

Calculation Procedures of the tomato 

residue data result in a tolerance of 0.2 

ppm; EPA is thus establishing a 

tolerance of 0.2 ppm for tomato 

subgroup 8–10A instead of the 

petitioned-for level of 0.3 ppm. The 

correct crop subgroup name for 8–10B is 

pepper/eggplant subgroup 8–10B, not 

pepper/eggplant 8–10B. As a 

housekeeping measure, EPA is removing 

the tolerance for fruit, small vine 

climbing subgroup 13–07D, which 

expired on October 6, 2021. 

D. International Trade Considerations 

In this rule, EPA is establishing a 

tolerance for pyriofenone residues in or 

on the tomato subgroup 8–10A at 0.2 

ppm that is lower than the current 

tolerance of vegetable, fruiting, group 8– 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Rules and Regulations 39755 

10 (0.3 ppm). For the reasons explained 

in the Pyriofenone Human Health Risk 

Assessment, the Agency believes these 

revised, lower tolerances are 

appropriate based on available residue 

data. 

In accordance with the World Trade 

Organization’s (WTO) Sanitary and 

Phytosanitary Measures (SPS) 

Agreement, EPA intends to notify the 

WTO of the changes to these tolerances 

in order to satisfy its obligations under 

the Agreement. In addition, the SPS 

Agreement requires that Members 

provide a ‘‘reasonable interval’’ between 

the publication of a regulation subject to 

the Agreement and its entry into force 

to allow time for producers in exporting 

Member countries to adapt to the new 

requirement. Accordingly, EPA is 

retaining the existing tolerances for the 

commodities in tomato subgroup 8–10A 

by establishing an expiration date for 

the tomato subgroup 8–10A at the 

existing tolerance level of 0.3 ppm to 

allow this tolerance to remain in effect 

for a period of six months after the 

effective date of this final rule. 

(Although crop group 8–10 also 

includes a subgroup 8–10C for which 

EPA is not setting separate tolerances, 

all of the commodities in subgroup 8– 

10C are also included in subgroup 8– 

10B, for which EPA is establishing a 

higher tolerance at 2 ppm; therefore, 

there is no need to retain a separate 

tolerance for subgroup 8–10C.) After the 

six-month period expires, the allowable 

residues on members of the tomato 

subgroup 8–10A must conform to the 

new lower tolerance level of 0.2 ppm. 

This reduction in tolerance level is not 

discriminatory; the same food safety 

standard contained in the FFDCA 

applies equally to domestically 

produced and imported foods. The new 

tolerance levels are supported by 

available residue data. 

V. Conclusion 

Therefore, tolerances are established 

for residues of pyriofenone in or on the 

pepper/eggplant subgroup 8–10B at 2 

ppm and the tomato subgroup 8–10A at 

0.2 ppm. Additionally, the existing 

tolerance for the vegetable, fruiting, 

group 8–10 is removed but the tolerance 

for tomato subgroup 8–10A at the 

existing level of 0.3 ppm is designated 

to expire 6 months from the publication 

of this document. Finally, EPA is 

removing the tolerance for fruit, small 

vine climbing subgroup 13–07D that 

expired on October 6, 2021, which 

completes the implementation of the 

pyriofenone tolerance changes in the 

April 15, 2021 rulemaking (86 FR 

17545) (FRL–10019–55). The tolerance 

for fruit, small vine climbing subgroup 

13–07D is no longer needed because, in 

2021, EPA established separate 

tolerances for residues of pyriofenone 

in/on grape; grape, raisin; and fruit, 

small vine climbing, except grape, 

subgroup 13–07E. Subgroup 13–07E 

includes all the commodities in 

subgroup 13–07D other than grape. 

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 

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 22, 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 § 180.660, amend the table in 

paragraph (a) by: 

■ a. Removing the entry for ‘‘Fruit, 

small vine climbing subgroup 13– 

07D1’’. 

■ b. Adding in alphabetical order 

entries for ‘‘Pepper/eggplant subgroup 

8–10B’’; ‘‘Tomato subgroup 8–10A’’; 

and ‘‘Tomato subgroup 8–10A1’’. 

■ c. Removing the entry for ‘‘Vegetable, 

fruiting, group 8–10’’; and 

■ d. Revising the footnote. 

The additions and revision read as 

follows: 


lotter on DSK11XQN23PROD with RULES1
39756 Federal Register / Vol. 87, No. 127 / Tuesday, July 5, 2022 / Rules and Regulations 

§ 180.660 Pyriofenone; tolerances for 

residues. 

(a) * * * 

TABLE 1 TO PARAGRAPH (a) 

Commodity 

Parts 

per 

million 

.

* * * * * 

Pepper/eggplant subgroup 8–10B .. 2 

Tomato subgroup 8–10A ................ 0.2 

Tomato subgroup 8–10A1 .............. 0.3 

.

* * * * * 

1This tolerance expires on January 5, 2023. 

* * * * * 

[FR Doc. 2022–14224 Filed 7–1–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 720, 721, and 723 

[EPA–HQ–OPPT–2014–0650; FRL–5605–02– 

OCSPP] 

RIN 2070–AJ94 

Significant New Uses of Chemical 

Substances; Updates to the Hazard 

Communication Program and 

Regulatory Framework; Minor 

Amendments to Reporting 

Requirements for Premanufacture 

Notices 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is amending the 

regulations governing significant new 

uses of chemical substances under the 

Toxic Substances Control Act (TSCA) to 

align with revisions that were made to 

the Occupational Safety and Health 

Administration (OSHA) Hazard 

Communications Standard (HCS) and 

changes to the OSHA Respiratory 

Protection Standard and the National 

Institute for Occupational Safety and 

Health (NIOSH) respirator certification 

requirements for the respiratory 

protection of workers from exposure to 

chemicals. In addition, EPA is 

amending the regulations governing 

Significant New Use Rules (SNURs) to 

address issues that have been identified 

by EPA and raised by stakeholders 

through public comments. EPA is also 

making a minor change to reporting 

requirements for premanufacture 

notices (PMNs) and other TSCA 

notifications. EPA expects these changes 

to have minimal impact on the costs and 

burdens of compliance, while updating 

the significant new use reporting 

requirements to assist in addressing any 

potential risks to human health and the 

environment. 

DATES: This final rule is effective 

September 6, 2022. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2014–0650, is 

available at https://www.regulations.gov 

or in-person at the EPA Docket Center 

(EPA/DC). 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: 

For technical information contact: 

Tyler Lloyd, New Chemicals Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: (202) 564–4016; email address: 

lloyd.tyler@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture (defined 

by TSCA to include import), process, or 

use chemical substances subject to 

regulations in 40 CFR part 720, 721, or 

723. The following list of North 

American Industry 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: 

• Chemical Manufacturers (NAICS 

code 325). 

• Petroleum and Coal Products 

(NAICS code 324). 

• Merchant Wholesalers, Nondurable 

Goods (NAICS code 424). 

If you have any questions regarding 

the applicability of this action, please 

consult the technical person listed 

under FOR FURTHER INFORMATION

CONTACT. 

B. What is the Agency’s authority for 

taking this action? 

TSCA section 5(a)(2) (15 U.S.C. 

2604(a)(2)) authorizes EPA to determine 

whether a use of a chemical substance 

is a ‘‘significant new use.’’ EPA is 

required to issue its determination 

through promulgation of a final rule 

after considering all relevant factors, 

including those listed in TSCA section 

5(a)(2). Such rules are called 

‘‘significant new use rules’’ (SNURs). 

Once EPA determines that a use of a 

chemical substance is a significant new 

use, TSCA section 5(a)(1)(B) requires 

persons to submit a significant new use 

notice (SNUN) to EPA at least 90 days 

before manufacturing or processing a 

chemical substance for that use (15 

U.S.C. 2604(a)(1)(B)). TSCA section 

5(a)(1)(B) requires persons to notify EPA 

at least 90 days before manufacturing a 

new chemical substance for commercial 

purposes (under TSCA, manufacture 

includes import). TSCA section 3(11) 

defines a ‘‘new chemical substance’’ as 

any substance that is not on the TSCA 

Inventory of Chemical Substances 

compiled by EPA under TSCA section 

8(b). 

C. What action is the Agency taking? 

EPA is finalizing amendments to the 

general requirements for SNURs in 40 

CFR part 721, Significant New Uses of 

Chemical Substances that were 

proposed in 2016 (81 FR 49598, July 16, 

2016) (FRL 9944–47) (Ref. 1). Based on 

public comments received on proposed 

changes to 40 CFR 721.63, EPA will 

move certain language which was 

proposed at 40 CFR 721.63(a)(1) and (4) 

to new paragraphs at 40 CFR 

721.63(a)(7) and (a)(8), respectively, to 

ensure the new provisions only apply to 

SNURs issued after the finalization of 

this rule (see Unit III.A). With the 

exception of amendments proposed at 

40 CFR 721.63(a)(1) and (4), all other 

amendments are being finalized as 

proposed. Most of the changes relate to 

the standard significant new uses for 

new chemical SNURs identified in 40 

CFR 721 subpart B, which EPA crossreferences in individual SNURs in 

subpart E. Other changes are procedural 

changes to the general provisions in 

subpart A that apply to all SNURs. EPA 

also clarified in the preamble of the 

proposed rule some definitions 

contained in 40 CFR part 721 and is 

making a minor change to reporting 

requirements for TSCA section 5 notices 

in 40 CFR parts 720.38, 720.45 and 

723.50. 


lotter on DSK11XQN23PROD with RULES1