44164 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 this final rule in the 

Federal Register. This final rule 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: July 16, 2008. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. Section 180.436 is amended by 

revising the tolerance for alfalfa, hay 

and alphabetically adding the 

commodity alfalfa, forage to the table in 

paragraph (a)(1) to read as follows: 

§ 180.436 Cyfluthrin; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per million 

*****

Alfalfa, forage ................. 5.0 

Alfalfa, hay ...................... 13 

*****

* * * * * 

[FR Doc. E8–17062 Filed 7–29–08; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–0214; FRL–8373–2] 

Pyraclostrobin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for combined residues of 

pyraclostrobin and its desmethoxy 

metabolite in or on the following 

commodities: Borage, seed; castor oil 

plant, seed; chinese tallowtree, seed; 

crambe, seed; cuphea, seed; echium, 

seed; euphorbia, seed; evening 

primrose, seed; flax, seed; gold of 

pleasure, seed; hare’s ear mustard, seed; 

jojoba, seed; lesquerella, seed; lunaria, 

seed; meadowfoam, seed; milkweed, 

seed; mustard, seed; niger seed, seed; oil 

radish, seed; poppy, seed; rapeseed, 

seed; rose hip, seed; safflower, seed; 

sesame, seed; stokes aster, seed; sweet 

rocket, seed; tallowwood, seed; tea oil 

plant, seed; and vernonia, seed. It also 

increases the existing tolerance for 

residues of pyraclostrobin and its 

desmethoxy metabolite in or on 

sunflower. BASF Corporation requested 

these tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective July 

30, 2008. Objections and requests for 

hearings must be received on or before 

September 29, 2008, 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: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2007-0214. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

website to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. Although listed in the 

index, some information is not publicly 

available, e.g., Confidential Business 

Information (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 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations 44165 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S–

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305–

5805. 

FOR FURTHER INFORMATION CONTACT: 

Tony Kish, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9443; e-mail address: 

kish.tony@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. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s pilot 

e-CFR site at http://www.gpoaccess.gov/ 

ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 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–2007–0214 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

as required by 40 CFR part 178 on or 

before September 29, 2008. 

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 that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit this copy, 

identified by docket ID number EPA–

HQ–OPP–2007–0214, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Petition for Tolerance 

In the Federal Register of June 13, 

2008 (73 FR 33814) (FRL–8367–3), EPA 

issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 6F7105) by BASF 

Corporation, 26 Davis Dr., Research 

Triangle Park, NC 27709. The petition 

requested that 40 CFR 180.582 be 

amended by establishing tolerances for 

combined residues of the fungicide 

pyraclostrobin; carbamic acid, [2-[[[1-(4- 

chlorophenyl)-1H-pyrazol-3- 

yl]oxy]methyl]phenyl]methoxy-, methyl 

ester and its desmethoxy metabolite; 

(methyl-N-[[[1-(4-chlorophenyl)-1Hpyrazol-3- 

yl]oxy]methyl]phenylcarbamate, 

expressed as parent compound, in or on 

borage; castor oil plant; chinese 

tallowtree; crambe; cuphea; echium; 

euphorbia; evening primrose; flax seed; 

gold of pleasure; hare’s ear mustard; 

jojoba; lesquerella; lunaria; 

meadowfoam; milkweed; mustard seed; 

niger seed; oil radish; poppy seed; 

rapeseed; rose hip; safflower; sesame; 

stokes aster; sunflower; sweet rocket; 

tallowwood; tea oil plant; and vernonia; 

each at 0.45 parts per million (ppm). 

That notice referenced a summary of the 

petition prepared by BASF Corporation, 

the registrant, which is available to the 

public in the docket, http:// 

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

No changes were made to the 

proposed tolerance levels; however, 

EPA modified the proposed commodity 

terms slightly (e.g., changing ‘‘borage’’

to ‘‘borage, seed’’, ‘‘cuphea’’ to ‘‘cuphea, 

seed’’, etc.) to conform to current 

nomenclature recommendations. 

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 section 408(b)(2)(D) 

of FFDCA, and the factors specified in 

section 408(b)(2)(D) of FFDCA, 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 the petitioned-for 


rwilkins on PROD1PC63 with RULES
44166 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations 

tolerances for combined residues of 

pyraclostrobin and its desmethoxy 

metabolite on borage, seed; castor oil 

plant, seed; chinese tallowtree, seed; 

crambe, seed; cuphea, seed; echium, 

seed; euphorbia, seed; evening 

primrose, seed; flax, seed; gold of 

pleasure, seed; hare’s ear mustard, seed; 

jojoba, seed; lesquerella, seed; lunaria, 

seed; meadowfoam, seed; milkweed, 

seed; mustard, seed; niger seed, seed; oil 

radish, seed; poppy, seed; rapeseed, 

seed; rose hip, seed; safflower, seed; 

sesame, seed; stokes aster, seed; 

sunflower, seed; sweet rocket, seed; 

tallowwood, seed; tea oil plant, seed; 

and vernonia, seed; each at 0.45 ppm. 

EPA’s assessment of exposures and risks 

associated with establishing tolerances 

follows. 

On March 24, 2008 the Agency 

published a Final Rule (73 FR 15425, 

FRL–8355–4) establishing tolerances for 

residues of pyraclostrobin and its 

desmethoxy metabolite in or on avocado 

at 0.6 ppm; barley, grain at 1.4 ppm; 

canistel at 0.6 ppm; mango at 0.6 ppm; 

oat, grain at 1.2 ppm; oat, hay at 18 

ppm; oat, straw at 15 ppm; papaya at 0.6 

ppm; sapodilla at 0.6 ppm; sapote, black 

at 0.6 ppm; sapote, mamey at 0.6 ppm; 

and star apple at 0.6 ppm. When the 

Agency conducted the risk assessments 

in support of this tolerance action it 

assumed that pyraclostrobin residues 

would be present on all of the oilseed 

commodities requested in this petition 

as well as on all foods covered by the 

proposed and established tolerances. 

Residues on oilseeds were included 

because there was a pending petition for 

pyraclostrobin tolerances on oilseed 

commodities at the time. The decision 

to establish tolerances on oilseed 

commodities was deferred until now 

because the original notice of filing of 

this petition contained errors requiring 

revision and re-publication in the 

Federal Register. Since the oilseed 

commodities were included in the 

previous risk assessments, establishing 

the oilseed commodity tolerances will 

not change the most recent estimated 

aggregate risks resulting from use of 

pyraclostrobin, as discussed in the 

March 24, 2008 Federal Register. Refer 

to the March 24, 2008 Federal Register 

document, available at http:// 

www.regulations.gov, for a detailed 

discussion of the aggregate risk 

assessments and determination of 

safety. EPA relies upon those risk 

assessments and the findings made in 

the Federal Register document in 

support of this action. 

Based on the risk assessments 

discussed in the final rule published in 

the Federal Register of March 24, 2008 

(73 FR 15425, FRL–8355–4), EPA 

concludes that there is a reasonable 

certainty that no harm will result to the 

general population, and to infants and 

children from aggregate exposure to 

pyraclostrobin residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methods (an 

Liquid chromatography/mass/ 

spectrometry (LC/MS/MS) method 

(BASF Method D9808), and an high 

performance liquid chromatography/ 

ultraviolet (HPLC/UV) method (BASF 

Method D9904)) are available to enforce 

the tolerance expression. The methods 

may be requested from: Chief, 

Analytical Chemistry Branch, 

Environmental Science Center, 701 

Mapes Rd., Ft. Meade, MD 20755–5350; 

telephone number: (410) 305–2905; email address: residuemethods@epa.gov. 

B. International Residue Limits 

No CODEX, Canadian or Mexican 

maximum residue limits (MRLs) have 

been established for residues of 

pyraclostrobin on the oilseed 

commodities associated with this 

petition. 

V. Conclusion 

Therefore, tolerances are established 

for combined residues of pyraclostrobin 

carbamic acid, [2-[[[1-(4-chlorophenyl)- 

1H-pyrazol-3- 

yl]oxy]methyl]phenyl]methoxy-, methyl 

ester and its desmethoxy metabolite; 

methyl-N-[[[1-(4-chlorophenyl)-1Hpyrazol-3- 

yl]oxy]methyl]phenylcarbamate, 

expressed as parent compound, in or on 

borage, seed; castor oil plant, seed; 

chinese tallowtree, seed; crambe, seed; 

cuphea, seed; echium, seed; euphorbia, 

seed; evening primrose, seed; flax, seed; 

gold of pleasure, seed; hare’s ear 

mustard, seed; jojoba, seed; lesquerella, 

seed; lunaria, seed; meadowfoam, seed; 

milkweed, seed; mustard, seed; niger 

seed, seed; oil radish, seed; poppy, seed; 

rapeseed, seed; rose hip, seed; safflower, 

seed; sesame, seed; stokes aster, seed; 

sweet rocket, seed; tallowwood, seed; 

tea oil plant, seed; and vernonia, seed; 

each at 0.45 ppm. The existing tolerance 

for combined residues of pyraclostrobin 

and its desmethoxy metabolite on 

sunflower at 0.3 ppm is revised to read 

‘‘sunflower, seed’’ at 0.45 ppm. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations 44167 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 this final rule in the 

Federal Register. This final rule 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: July 10, 2008. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. Section 180.582 is amended by 

revising the entry for sunflower to read 

sunflower, seed, and alphabetically 

adding the following commodities to the 

table in paragraph (a)(1) to read as 

follows: 

§ 180.582 Pyraclostrobin; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per million 

*****

Borage, seed ................................................................................................................................................... 0.45 

*****

Castor oil plant, seed ....................................................................................................................................... 0.45 

Chinese tallowtree, seed ................................................................................................................................. 0.45 

*****

Crambe, seed .................................................................................................................................................. 0.45 

Cuphea, seed .................................................................................................................................................. 0.45 

Echium, seed ................................................................................................................................................... 0.45 

Euphorbia, seed ............................................................................................................................................... 0.45 

Evening primrose, seed ................................................................................................................................... 0.45 

Flax, seed ........................................................................................................................................................ 0.45 

*****

Gold of pleasure, seed .................................................................................................................................... 0.45 

*****

Hare’s ear mustard, seed ................................................................................................................................ 0.45 

*****

Jojoba, seed .................................................................................................................................................... 0.45 

Lesquerella, seed ............................................................................................................................................ 0.45 

Lunaria, seed ................................................................................................................................................... 0.45 

*****

Meadowfoam, seed ......................................................................................................................................... 0.45 

Milkweed, seed ................................................................................................................................................ 0.45 

Mustard, seed .................................................................................................................................................. 0.45 

Niger seed, seed ............................................................................................................................................. 0.45 

*****

Oil radish, seed ................................................................................................................................................ 0.45 

*****

Poppy, seed ..................................................................................................................................................... 0.45 

*****

Rapeseed, seed ............................................................................................................................................... 0.45 

Rose hip, seed ................................................................................................................................................. 0.45 

*****

Safflower, seed ................................................................................................................................................ 0.45 

*****

Sesame, seed .................................................................................................................................................. 0.45 

*****

Stokes aster, seed ........................................................................................................................................... 0.45 

*****

Sunflower, seed ............................................................................................................................................... 0.45 

Sweet rocket, seed .......................................................................................................................................... 0.45 

Tallowwood, seed ............................................................................................................................................ 0.45 

Tea oil plant, seed ........................................................................................................................................... 0.45 

*****

Vernonia, seed ................................................................................................................................................. 0.45 

*****


rwilkins on PROD1PC63 with RULES
44168 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations 

1The commenter incorrectly stated that the entire 

RCRA Burden Reduction Initiative was 

promulgated pursuant to non-HSWA authority. In 

fact, the RCRA Burden Reduction Initiative was 

promulgated pursuant to both HSWA and nonHSWA statutory authority. 

* * * * * 

[FR Doc. E8–17480 Filed 7–29–08; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–RO3–RCRA–2008–0256: FRl–8698–9] 

Virginia: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Virginia applied to EPA for 

final authorization of revisions to its 

hazardous waste program under 

Resource Conservation and Recovery 

Act (RCRA). EPA has reached a final 

determination that these changes to the 

Virginia hazardous waste program 

satisfy all requirements necessary for 

final authorization. Thus, with respect 

to these revisions, EPA is granting final 

authorization to the Commonwealth to 

operate its program subject to the 

limitations on its authority retained by 

EPA in accordance with RCRA. 

DATES: Final authorization for the 

revisions to Virginia’s hazardous waste 

management program shall be effective 

on July 30, 2008. 

FOR FURTHER INFORMATION CONTACT: 

E-mail: Thomas UyBarreta, 

uybarreta.thomas@epa.gov; Mail: 

Thomas UyBarreta, Mailcode 3WC21, 

RCRA State Programs Branch, U.S. EPA 

Region III, 1650 Arch Street, 

Philadelphia, PA 19103–2029; Phone: 

215–814–2953. 

A. Why Are Revisions to State 

Programs Necessary? 

States that have received final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program is 

revised, States must revise their 

programs and ask EPA to authorize the 

revisions. Revisions to State programs 

may be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

revise their programs because of 

revisions to EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 266, 268, 270, 273 and 

279. 

On October 10, 2007, Virginia 

submitted to EPA a complete program 

revision application, in accordance with 

40 CFR 271.21, seeking authorization of 

additional changes to its program. On 

April 3, 2008, EPA published both an 

immediate final rule (73 FR 18172–

18176) granting Virginia final 

authorization for these revisions to its 

federally-authorized hazardous waste 

program, along with a companion 

proposed rule announcing EPA’s 

proposal to grant such final 

authorization (73 FR 18229–18230). 

EPA announced in both notices that the 

immediate final rule and the proposed 

rule were subject to a thirty-day public 

comment period. The public comment 

period ended on May 5, 2008. Further, 

EPA stated in both notices that if it 

received adverse comments on its intent 

to authorize Virginia’s program 

revisions that it would (1) withdraw the 

immediate final rule; (2) proceed with 

the proposed rule as the basis for the 

receipt and evaluation of such 

comments, and (3) subsequently publish 

a final determination responding to 

such comments and announce its final 

decision whether or not to authorize 

Virginia’s program revisions. EPA did 

receive a written comment during the 

public comment period and on June 3, 

2008, published a notice withdrawing 

the immediate final rule (73 FR 31634). 

Today’s action responds to the 

comments EPA received and publishes 

EPA’s final determination granting 

Virginia final authorization of its 

program revisions. Further background 

on EPA’s immediate final rule and its 

tentative determination to grant 

authorization to Virginia for its program 

revisions appears in the aforementioned 

Federal Register notices. The issues 

raised by the commenter are 

summarized and responded to as 

follows. 

B. What Were the Comments and 

Responses to EPA’s Proposal? 

EPA received two comments from an 

individual opposing EPA’s proposal to 

authorize revisions to Virginia’s 

hazardous waste regulations. The 

commenter opposed authorization of the 

regulations that adopted the rules that 

were promulgated under non-HSWA 

authority, including the RCRA Burden 

Reduction Initiative (Revision Checklist 

213).1 The commenter argued that, 

through RCRA, Congress has barred EPA 

and authorized states from promulgating 

regulations that are less stringent than 

the regulations that were first 

promulgated under the authority of 

RCRA. Specifically, the commenter 

stated that 42 U.S.C. 6929 would 

prevent EPA from amending 40 CFR 

268.7(b)(6) to eliminate the requirement 

to submit notifications and certifications 

to EPA; this amendment, argued the 

commenter, prohibits states from 

requiring that the State be provided 

with copies of hazardous waste 

manifests, and such prohibition is not 

allowed by 42 U.S.C. 6929. For the 

reasons set forth below, we do not agree 

with the commenter. 

EPA promulgated all of the rules 

included in Virginia’s revision pursuant 

to the authority granted to EPA by 

Congress under RCRA. Those rules, 

including the RCRA Burden Reduction 

Initiative Rule, were finalized after full 

consideration of any and all comments 

submitted in a timely manner. By 

adopting the rules promulgated by EPA, 

Virginia revised its hazardous waste 

program to be equivalent to and 

consistent with the federal program. 

Pursuant to 42 U.S.C. 6926(b), EPA has 

the authority to authorize state programs 

that are equivalent to and consistent 

with the federal program. Additionally, 

as is explained in more detail in the 

RCRA Burden Reduction Initiative Final 

Rule (71 FR 16862), EPA’s amendment 

of 40 CFR 268.7(b)(6) does not prohibit 

any state from requiring that the state be 

provided with copies of hazardous 

waste manifests. States are not required 

to adopt and seek authorization for 

federal requirements that are equivalent 

to, or less stringent than, the state’s 

currently authorized regulations (see 71 

FR at 16899). Specifically, although 

several states had commented positively 

regarding the amendment to 40 CFR 

268.7(b)(6), EPA explained that any 

state ‘‘may choose to be more stringent 

than the federal program, and choose to 

retain these notifications.’’ (71 FR at 

16889) 

The commenter also stated that some 

of the Revision Checklists for the nine 

RCRA clusters for which Virginia is 

seeking authorization ‘‘erroneously 

suggest that the Attorney General may 

not need to conduct a detailed review of 

the proposed rules against state statute 

for authority prior to final 

authorization.’’ As a result, the 

commenter expressed concern ‘‘that 

there may not have been an in-depth 

Attorney General review as required’’ by 

40 CFR 271.7. EPA responds to this 

comment as follows. 

Pursuant to 40 CFR 271.21(b)(1), in 

order to revise its program, a state must 

submit ‘‘such * * * documents as EPA 

determines to be necessary under the 

circumstances.’’ These documents may 

include a modified Attorney General’s 


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