Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 28829 

Please note that any updates made to 

any aspect of the listening sessions will 

be posted online. While the EPA expects 

the listening sessions to go forward as 

set forth above, please monitor our 

website to determine if there are any 

updates. The EPA does not intend to 

publish a document in the Federal 

Register announcing updates. 

II. General Information 

A. Background 

On January 13, 2017, EPA published 

amendments to 40 CFR part 68, the 

Chemical Accident Prevention 

Provisions, also known as the ‘‘Risk 

Management Program’’ or ‘‘RMP,’’ in a 

final rule (82 FR 4594; 2017 

Amendments). The 2017 Amendments 

rule was a result of Executive Order 

(E.O.) 13650, Improving Chemical 

Facility Safety and Security, which 

directed EPA (and several other federal 

agencies) to, among other things, 

modernize policies, regulations, and 

standards to enhance safety and security 

in chemical facilities. The 2017 

Amendments rule contained various 

new provisions applicable to RMPregulated facilities addressing 

prevention program elements, 

emergency coordination with local 

responders, and information availability 

to the public. EPA received three 

petitions for reconsideration of the 2017 

Amendments rule under CAA section 

307(d)(7)(B). On December 19, 2019, 

EPA promulgated a final RMP rule (84 

FR 69834; 2019 Revisions) that acted on 

the reconsideration petitions. The 2019 

Revisions rule repealed several major 

provisions of the 2017 Amendments and 

retained other provisions with 

modifications. 

On January 20, 2021, President Biden 

issued E.O. 13990, which directed 

federal agencies to review existing 

regulations and take action to address 

priorities established by the Biden 

administration, which include 

bolstering resilience to the impacts of 

climate change and prioritizing 

environmental justice. As a result, EPA 

is developing a regulatory proposal to 

revise the RMP regulations at 40 CFR 

part 68, which implement the 

requirements of section 112(r)(7) of the 

Clean Air Act. 

EPA has, and will continue to 

coordinate revisions to the RMP rule 

with OSHA. EPA’s RMP rule is intended 

to minimize public impacts of 

accidental releases through prevention 

and response while OSHA’s PSM 

standard is intended to protect workers 

from the hazards of highly hazardous 

chemicals. In response to E.O. 13650, 

OSHA previously published a Request 

for Information (RFI) in December 2013 

and held a Small Business Advocacy 

Review (SBAR) panel in June 2016 for 

the PSM standard. The list of topics 

OSHA considered is available at https:// 

www.osha.gov/dsg/psm/index.html. 

OSHA will participate in the listening 

sessions to foster continued 

coordination with EPA as both agencies 

consider revisions to their respective 

rules. 

B. Scope of Listening Sessions 

The EPA is interested in obtaining 

perspectives from the public on key E.O. 

13990 issues impacting the RMP 

regulations. In particular, the Agency 

seeks comments on the following: The 

adequacy of revisions to the RMP 

regulations completed since 2017; 

incorporating consideration of climate 

change risks and impacts into the 

regulations; and expanding the 

application of environmental justice in 

the RMP. Input from these public 

listening sessions will be used to inform 

the EPA’s efforts to improve the RMP 

regulations and better protect the nation 

from chemical accidents. OSHA is also 

interested in obtaining perspectives on 

issues relevant to the PSM standard. 

This notice is not a proposed 

rulemaking nor is it a reconsideration 

under CAA section 307(d)(7)(B) of any 

previous rulemaking. It is an 

information-gathering exercise to assist 

EPA in its review as called for under 

E.O. 13990. Therefore, EPA does not 

intend to prepare a response to 

comment document like those prepared 

for rulemakings. Similarly, OSHA does 

not intend to prepare a response to the 

perspectives on PSM offered at these 

sessions. Instead, in any future 

rulemaking action, EPA (or OSHA) may 

draw on the input received in these 

listening sessions to inform a future 

proposal, and, in the course of 

responding to comments on any such 

future proposed rule, will address 

similar, relevant comments raised as 

comments on that notice of proposed 

rulemaking as appropriate. 

C. Stakeholder Involvement 

Obtaining stakeholder input is critical 

to the success of E.O. 13990. In 

particular, the Agency is interested in 

hearing from the following stakeholders: 

Industry sectors regulated under the 

RMP rule such as chemical 

manufacturers, chemical storage 

companies, and agricultural supply 

companies, state and local regulators, 

chemical critical infrastructure owners 

and operators, first responders, labor 

organizations representing affected 

workers, environmental and community 

groups, academic institutions, 

consensus standards organizations, and 

individuals of the general public. 

Stakeholders considering participating 

in these listening sessions or otherwise 

providing comments in response to this 

notice should submit any written 

material by July 15, 2021 to allow EPA 

to consider your points in developing 

any future regulatory proposal. 

Donna Salyer, 

Acting Director, Office of Emergency 

Management. 

[FR Doc. 2021–11280 Filed 5–27–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2021–0306; FRL–10023–48] 

Dinotefuran; Receipt of Applications 

for Emergency Exemption, Solicitation 

of Public Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received specific 

exemption requests from the 

Pennsylvania Department of Agriculture 

and the Virginia Department of 

Agriculture and Consumer Services to 

use the pesticide dinotefuran (CAS No. 

165252–70–0) to treat up to 25,000 and 

29,000 acres, respectively, of pome and 

stone fruits to control the brown 

marmorated stinkbug. The applicants 

propose uses which are supported by 

the Interregional Research Project 

Number 4 (IR4) program and have been 

requested in 5 or more previous years, 

and petitions for tolerances have not yet 

been submitted to the Agency. 

Therefore, as required, EPA is soliciting 

public comment before making the 

decision whether or not to grant the 

exemptions. 

DATES: Comments must be received on 

or before June 14, 2021. 

ADDRESSES: The docket for these 

actions, identified by docket 

identification (ID) number EPA–HQ– 

OPP–2021–0306, 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. 

28830 Federal Register / Vol. 86, No. 102 / Friday, May 28, 2021 / Notices 

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. Submit your 

comments, identified by docket ID 

number EPA–HQ–OPP–2021–0306, 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 

Confidential Business Information (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 

http://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 

these actions 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. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

http://www.epa.gov/dockets/ 

comments.html. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticide(s) 

discussed in this document, compared 

to the general population. 

II. What action is the Agency taking? 

Under section 18 of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) (7 U.S.C. 136p), at the 

discretion of the EPA Administrator, a 

Federal or State agency may be 

exempted from any provision of FIFRA 

if the EPA Administrator determines 

that emergency conditions exist which 

require the exemption. The 

Pennsylvania Department of Agriculture 

and the Virginia Department of 

Agriculture and Consumer Services 

have requested the EPA Administrator 

to issue specific exemptions for the use 

of dinotefuran on pome and stone fruits 

to control the brown marmorated 

stinkbug. Information in accordance 

with 40 CFR part 166 was submitted as 

part of the requests. 

As part of the requests, the applicants 

assert that the rapid spread of large 

outbreaks of the brown marmorated 

stinkbug (an invasive species) has 

resulted in an urgent and non-routine 

pest control situation that is expected to 

cause significant economic losses 

without the requested uses. 

The Applicants propose to make no 

more than two applications at a rate of 

0.203 to 0.304 lb. (maximum total of 

0.608 lb.) of dinotefuran per acre on up 

to 54,000 acres of pome and stone fruits 

grown in Pennsylvania and Virginia, 

from May 15 to October 15, 2021. A 

total of 32,832 lbs. of dinotefuran could 

be used (maximum acreage at highest 

rate). 

This notice does not constitute a 

decision by EPA on the applications 

themselves. The regulations governing 

FIFRA section 18 require publication of 

a notice of receipt of an application for 

a specific exemption proposing a use 

which is supported by the IR4 program 

and has been requested in 5 or more 

previous years, and a petition for 

tolerance has not yet been submitted to 

the Agency. The notice provides an 

opportunity for public comment on the 

application. 

The Agency will review and consider 

all comments received during the 

comment period in determining 

whether to issue the specific 

exemptions requested by the 

Pennsylvania Department of Agriculture 

and the Virginia Department of 

Agriculture and Consumer Services, as 

well as any subsequent specific 

exemption applications submitted by 

other state lead agencies. 

(Authority: 7 U.S.C. 136 et seq.) 

Dated: May 19, 2021. 

Marietta Echeverria, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2021–11371 Filed 5–27–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2021–0083; FRL–10024–04] 

Pesticide Product Registration; 

Receipt of Applications for New Active 

Ingredients—May 2021 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received applications 

to register pesticide products containing 

active ingredients not included in any 

currently registered pesticide products. 

Pursuant to the Federal Insecticide,