1575
Federal
Register
/
Vol.
68,
No.
8
/
Monday,
January
13,
2003
/
Proposed
Rules
Rule
45.2
Asbestos
Removal
Fees
(
Adopted
8/
4/
92)
Rule
50
Opacity
(
Adopted
2/
20/
79)
Rule
52
Particulate
Matter­
Concentration
(
Adopted
5/
23/
72)
Rule
53
Particulate
Matter­
Process
Weight
(
Adopted
7/
18/
72)
Rule
54
Sulfur
Compounds
(
Adopted
6/
14/
94)
Rule
56
Open
Fires
(
Adopted
3/
29/
94)
Rule
57
Combustion
Contaminants­
Specific
(
Adopted
6/
14/
77)
Rule
60
New
Non­
Mobile
Equipment­
Sulfur
Dioxide,
Nitrogen
Oxides,
and
Particulate
Matter
(
Adopted
7/
8/
72)
Rule
62.7
Asbestos
 
Demolition
and
Renovation
(
Adopted
6/
16/
92)
Rule
63
Separation
and
Combination
of
Emissions
(
Adopted
11/
21/
78)
Rule
64
Sulfur
Content
of
Fuels
(
Adopted
4/
13/
99)
Rule
67
Vacuum
Producing
Devices
(
Adopted
7/
5/
83)
Rule
68
Carbon
Monoxide
(
Adopted
6/
14/
77)
Rule
71
Crude
Oil
and
Reactive
Organic
Compound
Liquids
(
Adopted
12/
13/
94)
Rule
71.1
Crude
Oil
Production
and
Separation
(
Adopted
6/
16/
92)
Rule
71.2
Storage
of
Reactive
Organic
Compound
Liquids
(
Adopted
9/
26/
89)
Rule
71.3
Transfer
of
Reactive
Organic
Compound
Liquids
(
Adopted
6/
16/
92)
Rule
71.4
Petroleum
Sumps,
Pits,
Ponds,
and
Well
Cellars
(
Adopted
6/
8/
93)
Rule
71.5
Glycol
Dehydrators
(
Adopted
12/
13/
94)
Rule
72
New
Source
Performance
Standards
(
NSPS)
(
Adopted
4/
10/
01)
Rule
73
National
Emission
Standards
for
Hazardous
Air
Pollutants
(
NESHAPS
(
Adopted
04/
10/
01)
Rule
74
Specific
Source
Standards
(
Adopted
7/
6/
76)
Rule
74.1
Abrasive
Blasting
(
Adopted
11/
12/
91)
Rule
74.2
Architectural
Coatings
(
Adopted
11/
13/
01)
Rule
74.6
Surface
Cleaning
and
Degreasing
(
Adopted
1/
08/
02)
Rule
74.6.1
Cold
Cleaning
Operations
(
Adopted
7/
9/
96)
Rule
74.6.2
Batch
Loaded
Vapor
Degreasing
Operations
(
Adopted
7/
9/
96)
Rule
74.7
Fugitive
Emissions
of
Reactive
Organic
Compounds
at
Petroleum
Refineries
and
Chemical
Plants
(
Adopted
10/
10/
95)
Rule
74.8
Refinery
Vacuum
Producing
Systems,
Waste­
water
Separators
and
Process
Turnarounds
(
Adopted
7/
5/
83)
Rule
74.9
Stationary
Internal
Combustion
Engines
(
Adopted
11/
14/
00)
Rule
74.10
Components
at
Crude
Oil
Production
Facilities
and
Natural
Gas
Production
and
Processing
Facilities
(
Adopted
3/
10/
95)
Rule
74.11
Natural
Gas­
Fired
Residential
Water
Heaters
 
Control
of
NOX
(
Adopted
4/
9/
85)
Rule
74.11.1
Large
Water
Heaters
and
Small
Boilers
(
Adopted
9/
14/
99)
Rule
74.12
Surface
Coating
of
Metal
Parts
and
Products
(
Adopted
9/
10/
96)
Rule
74.15
Boilers,
Steam
Generators
and
Process
Heaters
(
Adopted
11/
8/
94)
Rule
74.15.1
Boilers,
Steam
Generators
and
Process
Heaters
(
Adopted
6/
13/
00)
Rule
74.16
Oil
Field
Drilling
Operations
(
Adopted
1/
8/
91)
Rule
74.20
Adhesives
and
Sealants
(
Adopted
1/
14/
97)
Rule
74.23
Stationary
Gas
Turbines
(
Adopted
1/
08/
02)
Rule
74.24
Marine
Coating
Operations
(
Adopted
9/
10/
96)
Rule
74.24.1
Pleasure
Craft
Coating
and
Commercial
Boatyard
Operations
(
Adopted
1/
08/
02)
Rule
74.26
Crude
Oil
Storage
Tank
Degassing
Operations
(
Adopted
11/
8/
94)
Rule
74.27
Gasoline
and
ROC
Liquid
Storage
Tank
Degassing
Operations
(
Adopted
11/
8/
94)
Rule
74.28
Asphalt
Roofing
Operations
(
Adopted
5/
10/
94)
Rule
74.30
Wood
Products
Coatings
(
Adopted
9/
10/
96)
Rule
75
Circumvention
(
Adopted
11/
27/
78)
Rule
100
Analytical
Methods
(
Adopted
7/
18/
72)
Rule
101
Sampling
and
Testing
Facilities
(
Adopted
5/
23/
72)
Rule
102
Source
Tests
(
Adopted
11/
21/
78)
Rule
103
Continuous
Monitoring
Systems
(
Adopted
2/
9/
99)
Rule
154
Stage
1
Episode
Actions
(
Adopted
9/
17/
91)
Rule
155
Stage
2
Episode
Actions
(
Adopted
9/
17/
91)
Rule
156
Stage
3
Episode
Actions
(
Adopted
9/
17/
91)
Rule
158
Source
Abatement
Plans
(
Adopted
9/
17/
91)
Rule
159
Traffic
Abatement
Procedures
(
Adopted
9/
17/
91)
Rule
220
General
Conformity
(
Adopted
5/
9/
95)
Rule
230
Notice
to
Comply
(
Adopted
11/
9/
99)

*
*
*
*
*
[
FR
Doc.
03
 
618
Filed
1
 
10
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
U
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2002
 
0346;
FRL
 
7285
 
5]

Propanoic
Acid,
and
its
Calcium
and
Sodium
Salts;
Exemption
from
the
Requirement
of
a
Tolerance
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Proposed
rule.

SUMMARY:
This
document
proposes
to
establish
an
exemption
from
the
requirement
of
a
tolerance
for
residues
of
propanoic
acid,
and
its
calcium
and
sodium
salts
when
used
as
either
an
inert
or
active
ingredient
in
pesticide
formulations
that
are
applied
to
growing
crops
or
raw
agricultural
commodites
(
RAC)
before
or
after
harvest,
and
for
pesticide
formulations
that
are
applied
to
animals,
under
the
Federal
Food,
Drug,
and
Cosmetic
Act
(
FFDCA),
as
amended
by
the
Food
Quality
Protection
Act
of
1996
(
FQPA).
This
document
also
proposes
to
reorganize
the
existing
tolerance
exemptions
for
propanoic
acid
and
its
salts.
DATES:
Comments,
identified
by
docket
ID
number
OPP
 
2002
 
0346,
must
be
received
on
or
before
March
14,
2003.
ADDRESSES:
Comments
may
be
submitted
electronically,
by
mail,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
I.
of
the
SUPPLEMENTARY
INFORMATION.

FOR
FURTHER
INFORMATION
CONTACT:
Treva
Alston,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
308
 
8373
and
e­
mail
address:
alston.
treva@
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:
 
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
provides
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
Get
Copies
of
This
Document
and
Other
Related
Information?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
docket
identification
(
ID)
number
OPP
 
2002
 
0346.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
VerDate
Dec<
13>
2002
17:
07
Jan
10,
2003
Jkt
200001
PO
00000
Frm
00020
Fmt
4702
Sfmt
4702
E:\
FR\
FM\
13JAP1.
SGM
13JAP1
1576
Federal
Register
/
Vol.
68,
No.
8
/
Monday,
January
13,
2003
/
Proposed
Rules
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
This
docket
facility
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
telephone
number
is
(
703)
305
 
5805.
2.
Electronic
access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr/.
A
frequently
updated
electronic
version
of
40
CFR
part
180
is
available
at
http://
www.
access.
gpo.
gov/
nara/
cfr/
cfrhtml_
00/
Title;_
40/
40cfr180_
00.
html,
a
beta
site
currently
under
development.
To
access
the
OPPTS
Harmonized
Guidelines
referenced
in
this
document,
go
directly
to
the
guidelines
at
http://
www.
epa.
gov/
opptsfrs/
home/
guidelin.
htm.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.
Certain
types
of
information
will
not
be
placed
in
the
EPA
Dockets.
Information
claimed
as
CBI
and
other
information
whose
disclosure
is
restricted
by
statute,
which
is
not
included
in
the
official
public
docket,
will
not
be
available
for
public
viewing
in
EPA's
electronic
public
docket.
EPA's
policy
is
that
copyrighted
material
will
not
be
placed
in
EPA's
electronic
public
docket
but
will
be
available
only
in
printed,
paper
form
in
the
official
public
docket.
To
the
extent
feasible,
publicly
available
docket
materials
will
be
made
available
in
EPA's
electronic
public
docket.
When
a
document
is
selected
from
the
index
list
in
EPA
Dockets,
the
system
will
identify
whether
the
document
is
available
for
viewing
in
EPA's
electronic
public
docket.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
EPA
intends
to
work
towards
providing
electronic
access
to
all
of
the
publicly
available
docket
materials
through
EPA's
electronic
public
docket.
For
public
commenters,
it
is
important
to
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EPA's
electronic
public
docket
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EPA's
electronic
public
docket.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Public
comments
submitted
on
computer
disks
that
are
mailed
or
delivered
to
the
docket
will
be
transferred
to
EPA's
electronic
public
docket.
Public
comments
that
are
mailed
or
delivered
to
the
Docket
will
be
scanned
and
placed
in
EPA's
electronic
public
docket.
Where
practical,
physical
objects
will
be
photographed,
and
the
photograph
will
be
placed
in
EPA's
electronic
public
docket
along
with
a
brief
description
written
by
the
docket
staff.

C.
How
and
To
Whom
Do
I
Submit
Comments?
You
may
submit
comments
electronically,
by
mail,
or
through
hand
delivery/
courier.
To
ensure
proper
receipt
by
EPA,
identify
the
appropriate
docket
ID
number
in
the
subject
line
on
the
first
page
of
your
comment.
Please
ensure
that
your
comments
are
submitted
within
the
specified
comment
period.
Comments
received
after
the
close
of
the
comment
period
will
be
marked
``
late.''
EPA
is
not
required
to
consider
these
late
comments.
If
you
wish
to
submit
CBI
or
information
that
is
otherwise
protected
by
statute,
please
follow
the
instructions
in
Unit
I.
D.
Do
not
use
EPA
Dockets
or
e­
mail
to
submit
CBI
or
information
protected
by
statute.
1.
Electronically.
If
you
submit
an
electronic
comment
as
prescribed
in
this
unit,
EPA
recommends
that
you
include
your
name,
mailing
address,
and
an
email
address
or
other
contact
information
in
the
body
of
your
comment.
Also
include
this
contact
information
on
the
outside
of
any
disk
or
CD
ROM
you
submit,
and
in
any
cover
letter
accompanying
the
disk
or
CD
ROM.
This
ensures
that
you
can
be
identified
as
the
submitter
of
the
comment
and
allows
EPA
to
contact
you
in
case
EPA
cannot
read
your
comment
due
to
technical
difficulties
or
needs
further
information
on
the
substance
of
your
comment.
EPA's
policy
is
that
EPA
will
not
edit
your
comment,
and
any
identifying
or
contact
information
provided
in
the
body
of
a
comment
will
be
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
If
EPA
cannot
read
your
comment
due
to
technical
difficulties
and
cannot
contact
you
for
clarification,
EPA
may
not
be
able
to
consider
your
comment.
i.
EPA
Dockets.
Your
use
of
EPA's
electronic
public
docket
to
submit
comments
to
EPA
electronically
is
EPA's
preferred
method
for
receiving
comments.
Go
directly
to
EPA
Dockets
at
http://
www.
epa.
gov/
edocket,
and
follow
the
online
instructions
for
submitting
comments.
Once
in
the
system,
select``
search,''
and
then
key
in
docket
ID
number
OPP
 
2002
 
0346.
The
system
is
an
``
anonymous
access''
system,
which
means
EPA
will
not
know
your
identity,
e­
mail
address,
or
other
contact
information
unless
you
provide
it
in
the
body
of
your
comment.
ii.
E­
mail.
Comments
may
be
sent
by
e­
mail
to
opp­
docket@
epa.
gov,
Attention:
Docket
ID
Number
OPP
 
2002
 
0346.
In
contrast
to
EPA's
electronic
public
docket,
EPA's
e­
mail
system
is
not
an
``
anonymous
access''
system.
If
you
send
an
e­
mail
comment
directly
to
the
docket
without
going
through
EPA's
electronic
public
docket,
EPA's
e­
mail
system
automatically
captures
your
e­
mail
address.
E­
mail
addresses
that
are
automatically
captured
by
EPA's
e­
mail
system
are
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
iii.
Disk
or
CD
ROM.
You
may
submit
comments
on
a
disk
or
CD
ROM
that
you
mail
to
the
mailing
address
identified
in
Unit
I.
C.
2.
These
electronic
submissions
will
be
accepted
in
WordPerfect
or
ASCII
file
format.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.
2.
By
mail.
Send
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency
(
7502C),
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC,
20460
 
0001,
Attention:
Docket
ID
Number
OPP
 
2002
 
0346.
3.
By
hand
delivery
or
courier.
Deliver
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
Rm.

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8
/
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January
13,
2003
/
Proposed
Rules
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.,
Attention:
Docket
ID
Number
OPP
 
2002
 
0346.
Such
deliveries
are
only
accepted
during
the
docket's
normal
hours
of
operation
as
identified
in
Unit
I.
B.
1.

D.
How
Should
I
Submit
CBI
To
the
Agency?

Do
not
submit
information
that
you
consider
to
be
CBI
electronically
through
EPA's
electronic
public
docket
or
by
e­
mail.
You
may
claim
information
that
you
submit
to
EPA
as
CBI
by
marking
any
part
or
all
of
that
information
as
CBI
(
if
you
submit
CBI
on
disk
or
CD
ROM,
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
CBI).
Information
so
marked
will
not
be
disclosed
except
in
accordance
with
procedures
set
forth
in
40
CFR
part
2.
In
addition
to
one
complete
version
of
the
comment
that
includes
any
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
and
EPA's
electronic
public
docket.
If
you
submit
the
copy
that
does
not
contain
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
clearly
that
it
does
not
contain
CBI.
Information
not
marked
as
CBI
will
be
included
in
the
public
docket
and
EPA's
electronic
public
docket
without
prior
notice.
If
you
have
any
questions
about
CBI
or
the
procedures
for
claiming
CBI,
please
consult
the
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

E.
What
Should
I
Consider
as
I
Prepare
My
Comments
for
EPA?

You
may
find
the
following
suggestions
helpful
for
preparing
your
comments:
1.
Explain
your
views
as
clearly
as
possible.
2.
Describe
any
assumptions
that
you
used.
3.
Provide
copies
of
any
technical
information
and/
or
data
you
used
that
support
your
views.
4.
If
you
estimate
potential
burden
or
costs,
explain
how
you
arrived
at
the
estimate
that
you
provide.
5.
Provide
specific
examples
to
illustrate
your
concerns.
6.
Offer
alternative
ways
to
improve
the
proposed
rule
or
collection
activity.
7.
Make
sure
to
submit
your
comments
by
the
deadline
in
this
document.
8.
To
ensure
proper
receipt
by
EPA,
be
sure
to
identify
the
docket
ID
number
assigned
to
this
action
in
the
subject
line
on
the
first
page
of
your
response.
You
may
also
provide
the
name,
date,
and
Federal
Register
citation.

II.
Background
and
Statutory
Findings
In
the
Federal
Register
of
February
12,
1997
(
62
FR
6228)
(
FRL
 
5583
 
9),
EPA
issued
a
notice
under
section
408
of
the
FFDCA,
21
U.
S.
C.
346a,
announcing
the
filing
of
a
pesticide
petition
(
PP
6F4770)
by
Nayfa
Industries,
Inc.,
c/
o
1625
K
St.,
N.
W.,
Suite
501,
Washington,
D.
C.
20006.
The
petition
requested
that
40
CFR
180
be
amended
by
establishing
an
exemption
from
the
requirement
of
a
tolerance
for
residues
of
the
fungicide
propionic
acid,
also
known
as
propanoic
acid
(
CAS
Reg.
No.
79
 
09
 
4)
in
or
on
the
raw
agricultural
commodities
sugarbeets,
potatoes,
and
sweet
potatoes.
This
notice
included
a
summary
of
the
petition
prepared
by
Nayfa
Industries,
Inc.,
the
petitioner.
There
were
no
comments
received
in
response
to
the
notice
of
filing.
The
Agency
has
not
yet
issued
a
final
rule
for
this
petition,
and
has,
in
fact,
determined
to
issue
a
proposed
rule.
The
Agency
is
now
issuing
this
rule
as
a
proposal
for
two
reasons:
First,
the
calcium
and
sodium
salt
forms
of
propanoic
acid
are
being
added
to
the
existing
exemptions
from
the
requirement
of
a
tolerance
of
propanoic
acid
(
40
CFR
180.1023).
Second,
based
on
a
review
and
evaluation
of
the
available
data,
the
Agency
believes
that
a
broader
use
than
what
was
requested
by
the
petitioner
is
appropriate.
The
Agency
is
proposing
to
remove
the
existing
tolerance
exemptions
for
propionic
acid
and
sodium
propionate
in
40
CFR
180.1001(
c).
These
exemptions
from
the
requirement
of
a
tolerance
will
be
covered
by
the
proposed
revisions
to
40
CFR
180.1023.
No
uses
would
be
lost
as
a
result
of
these
actions.
Since
the
1997
publication
of
the
Notice
of
Filing,
the
Agency
has
completed
the
Tolerance
Reassessment
process
for
propanoic
acid.
Based
on
the
results
of
that
reassessment,
EPA
on
its
own
initiative,
under
section
408(
e)
of
the
FFDCA,
21
U.
S.
C.
346a,
is
proposing
to
establish
an
unlimited
exemption
from
the
requirement
of
a
tolerance
for
residues
of
propanoic
acid
(
CAS
Reg.
No.
79
 
09
 
4);
propanoic
acid,
calcium
salt
(
CAS
Reg.
No.
4075
 
81
 
4);
and
propanoic
acid,
sodium
salt
(
CAS
Reg.
No.
187
 
40
 
6),
when
used
as
either
an
active
or
inert
ingredient
in
pesticide
formulations
that
are
applied
to
growing
crops
or
raw
agricultural
commodities
and
in
pesticide
formulations
that
are
applied
to
animals.
The
data
used
by
the
Agency
to
make
the
safety
determination
for
propanoic
acid
included
data
that
was
generated
using
the
sodium
and
calcium
salts
of
propanoic
acid.
Often,
when
conducting
animal
tests
using
an
acid,
such
as
propanoic
acid,
as
the
test
substance,
the
acid
must
be
neutralized
(
converted
to
a
salt
­
in
this
case
the
calcium
and
sodium
salt)
to
conduct
the
tests.
Therefore,
the
Agency
is
proposing
that
these
two
salts
of
propanoic
acid
also
be
included
in
the
tolerance
exemption
expression.
Section
408(
b)(
2)(
A)(
i)
of
the
FFDCA
allows
EPA
to
establish
an
exemptionfrom
the
requirement
of
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
the
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
the
FFDCA
requires
EPA
to
give
special
consideration
to
exposure
of
infants
and
children
to
the
pesticide
chemical
residue
in
establishing
an
exemption
from
the
requirement
of
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
the
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,
consistent
with
section
408(
b)(
2)
of
the
FFDCA,
for
the
establishment
of
an
exemption
from
the
requirement
of
a
tolerance
for
residues
of
propanoic
acid
and
its
calcium
and
sodium
salts.
EPA's
assessment
of
exposures
and
risks
associated
with
establishing
the
exemption
from
the
requirement
of
a
tolerance
follows.

III.
Toxicological
Profile
EPA
has
evaluated
the
available
toxicity
data
and
considered
its
validity,
completeness,
and
reliability
as
well
as
the
relationship
of
the
results
of
the
studies
to
human
risk.
EPA
has
also
considered
available
information
concerning
the
variability
of
the
sensitivities
of
major
identifiable
subgroups
of
consumers,
including
infants
and
children.
The
nature
of
the
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13,
2003
/
Proposed
Rules
toxic
effects
caused
by
propanoic
acid
and
its
calcium
and
sodium
salts
are
discussed
in
this
unit.
Propanoic
acid
is
a
three
carbon
acid
with
a
molecular
formula
of
CH3CH2COOH.
It
is
considered
to
be
a
medium
strong
acid.
It
occurs
naturally
in
animal
and
dairy
products
such
as
butter
and
cheese.
Propanoic
acid
and
the
salts
of
propanoic
acid
are
direct
food
additives.
(
discussed
in
unit
III.
7.)
The
toxicological
database
for
propanoic
acid
was
determined
to
be
adequate
for
reregistration
eligibility
at
the
time
that
the
Reregistration
Eligibility
Document
(
RED)
was
completed
in
September
1991.
A
comprehensive
search
of
the
open
literature
from
1991
forward
and
a
search
for
in­
house
toxicological
data
failed
to
reveal
any
new
information
on
propanoic
acid
which
would
change
the
toxicological
findings
in
the
RED.
Therefore,
the
toxicological
findings/
data
from
the
Propionic
Acid
RED
(
which
also
addresses
the
calcium
and
sodium
salts)
are
applicable
to
this
current
evaluation.
1.
Acute
toxicity.
Technical
propanoic
acid
is
of
moderate
to
low
acute
toxcity
via
the
oral,
dermal,
and
inhalation
routes
of
exposure
(
toxicity
category
of
III),
and
is
not
a
skin
sensitizer.
However,
propanoic
acid
is
acutely
toxic
in
eye
and
dermal
irritation
tests
(
toxicity
category
I).
2.
Subchronic
toxicity.
No
subchronic
toxicity
data
are
available
on
propanoic
acid
itself;
however,
data
on
calcium
and
sodium
propionate
are
used
to
assess
subchronic
toxicity.
Rats
fed
calcium
or
sodium
propionate
at
one
percent
of
the
diet
(
equivalent
to
750
milligrams/
kilogram/
day
(
mg/
kg/
day)
of
propanoic
acid)
for
four
weeks
followed
by
3%
(
equivalent
to
1,200
mg/
kg/
day
of
propanoic
acid)
for
three
weeks
showed
no
changes
in
weight
gain
compared
to
the
the
controls.
Rats
fed
5%
propanoic
acid
in
the
diet
(
approximately
5,000
mg/
kg
body
weight)
for
110
days
developed
lesions
of
the
forestomach.
Propanoic
acid
was
given
in
the
feed
to
dogs
at
220,
735,
or
2,066
mg/
kg/
day
for
90
days.
The
high
dose
dogs
showed
reduced
food
consumption,
increased
incidence
of
epithelial
hyperplasia
in
the
esophagus,
and
increased
nitrite
in
the
urine.
These
effects
were
no
longer
present
in
dogs
held
for
a
six
week
recovery
period.
In
a
limited
90
 
day
dog
study
with
calcium
propionate
(
2,523
mg/
kg/
day)
the
dogs
showed
vomiting
and
diarrhea.
3.
Chronic
toxicity.
Twenty
male
rats
per
group
were
fed
four
percent
propanoic
acid
in
the
diet
for
2
years.
The
highest
dose
animals
had
hyperplasia
and
hyperplastic
ulcers
in
the
forestomach.
Rats
fed
bread
containing
sodium
propionate
(
4,000
mg/
kg/
day)
for
a
year
showed
no
adverse
effects,
nor
did
rats
fed
a
similar
diet
for
32
weeks,
other
than
an
initial
depression
of
growth.
4
Developmental
toxicity.
No
maternal
or
fetal
effects
were
seen
upon
feeding
calcium
propionate
to
pregnant
animals
at
rates
up
to
300
mg/
kg/
day
for
hamsters
and
rabbits.
5.
Mutagenicity
Propanoic
acid
gave
negative
results
in
mutagencity
assays
in
five
strains
of
S.
Typhimurium,
and
one
strain
of
S.
Cerevisiae,
with
and
without
activation.
Additional
data
on
calcium
and
sodium
propionate
indicated
that
both
tested
negative
for
mutagenicity
in
S.
Typhimurium,
and
S.
Cerevisiae.
6.
Metabolism
Propanoic
acid
is
produced
in
large
quantities
in
ruminants
(
dairy
cows),
thus
accounting
for
its
presence
in
butter
and
dairy
products.
In
humans,
propanoic
acid
is
one
of
the
metabolic
products
from
the
breakdown
of
several
amino
acids.
Propanoic
acid
is
formed
as
the
body
oxidizes
longer
chain
odd­
numbered
fatty
acids
or
the
side
chain
of
cholesterol.
It
is
a
normal
intermediary
metabolite
in
the
body
that
is
utilized
by
most
organs
and
tissues,
and
can
be
metabolized
to
glucose,
carbohydrates,
amino
acids,
and
lipids.
If
directly
ingested,
propanoic
acid
is
rapidly
absorbed
from
the
mammalian
gastrointestinal
tract,
and
thus
enters
a
known
metabolic
pathway.
7.
FDA
uses.
The
Food
and
Drug
Administration
(
FDA)
has
approved
various
uses
of
propanoic
acid,
and
its
calcium
and
sodium
salts.
Under
21
CFR
178.1010,
propanoic
acid
can
be
used
in
food
contact
surface
sanitizing
solutions
when
the
ready­
for­
use
enduse
concentration
does
not
exceed
297
ppm.
The
calcium
salt
of
propanoic
acid
is
affirmed
Generally
Recognized
As
Safe
(
GRAS)
under
21
CFR
184.1221.
It
is
used
as
a
mold
inibitor
in
bread.
The
sodium
salt
of
propanoic
acid
is
affirmed
GRAS
under
21
CFR
184.1784.
It
is
used
as
a
mold
inhibitor
in
cakes
and
unleavened
goods
and
as
a
chemical
preservative
in
animal
drugs
and
feeds.
Propanoic
acid
is
affirmed
GRAS
under
21
CFR
184.1081.
It
is
an
antimicrobial
agent
and
a
flavoring
agent.
8.
Findings
of
the
United
Nations
Food
and
Agriculture
Organization/
World
Health
Organization
(
FAO/
WHO)
Expert
Committee
on
Food
Additives.
Propanoic
acid
has
been
examined
at
several
meetings
of
the
FAO/
WHO
Joint
Expert
Committee
on
Food
Additives
(
JECFA).
The
Seventeenth
Report
contained
the
following
information:
``
In
human
plasma
propionic
acid
represents
0%
to
4%
of
the
total
fatty
acid
and
is
a
by­
product
of
normal
intermediate
metabolism.
Absorbed
propionate
is
removed
by
the
liver,
kidneys,
heart,
muscle
and
adipose
tissue.
The
liver
can
deal
with
4.5
g
free
acid
or
5.8
g
sodium
propionate
per
hour.''
In
1973,
the
Committee
determined
that
``
propionate
is
a
normal
intermediary
metabolite,
and
a
normal
constituent
of
foods.''
Based
on
an
understanding
of
this
metabolic
information,
the
Committee
also
determined
that
it
was
not
necessary
to
specify
an
estimate
of
acceptable
daily
intake
(
ADI)
in
man.
It
was
specified
as
``
unlimited.''
This
finding
was
reviewed
in
1997:
The
1973
ADI
was
maintained.
9.
Conclusions
on
the
Toxicity
of
Propanoic
Acid
and
its
Calcium
and
Sodium
Salts.
Propanoic
acid
demonstrates
an
acute
toxicity
profile
that
is
consistent
with
that
of
an
acid:
it
is
highly
acutely
toxic
for
eye
and
dermal
irritation,
i.
e.,
it
is
corrosive
to
the
eyes
and
skin.
These
effects
are
most
appropriately
addressed
through
the
use
of
protective
equipment
and
labeling,
not
through
establishment
of
tolerance
exemptions.
The
JECFA
monograph
deemed
propanoic
to
be
of
such
low
concern
that
the
acceptable
daily
intake
is
``
not
specified.''
A
consideration
in
this
decision
was
the
understanding
that
``
propionate
is
a
normal
intermediary
metabolite,
and
a
normal
constituent
of
foods.''
Propanoic
acid
and
its
calcium
and
sodium
salts
are
FDA
affirmed
GRAS
direct
food
additives.
When
considering
the
oral
exposure
pathway,
the
most
relevant
in
establishing
a
tolerance
exemption,
propanoic
acid
and
its
calcium
and
sodium
salts
have
low
toxic
potential.
There
are
no
concerns
for
mutagencity,
carcinogenicity,
or
developmental
or
reproductive
concerns.
Propanoic
acid
is
a
normal
component
of
metabolism
in
the
human
body.
The
human
body
has
a
known
pathway
to
metabolize
propanoic
acid.
No
additional
data
are
necessary
to
assess
the
toxicity
of
these
chemicals.

IV.
Aggregate
Assessment
In
examining
aggregate
exposure,
FFDCA
section
408
directs
EPA
to
consider
available
information
concerning
exposures
from
the
pesticide
residue
in
food
and
all
other
nonoccupational
exposures,
including
drinking
water
from
ground
water
or
surface
water
and
exposure
through
pesticide
use
in
gardens.
lawns,
or
buildings
(
residential
and
other
indoor
uses).

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/
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No.
8
/
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January
13,
2003
/
Proposed
Rules
For
propanoic
acid
and
its
calcium
and
sodium
salts
a
qualitative
assessment
for
all
pathways
of
human
exposure
(
food,
drinking
water,
and
residential)
is
appropriate
given
their
low
toxic
potential
for
the
oral
route
of
exposure,
that
humans
of
all
ages
are
highly
exposed
to
propanoic
acid
from
natural
sources,
and
the
human
body
has
a
known
pathway
for
metabolizing
propanoic
acid.

V.
Cumulative
Effects
Section
408
(
b)(
2)(
D)(
v)
of
FFDCA
requires
that,
when
considering
whether
to
establish,
modify
or
revoke
a
tolerance
or
tolerance
exemption,
the
Agency
considers
``
available
information''
concerning
the
cumulative
effects
of
a
particular
chemical's
residues
and
other
substances
that
have
a
common
mechanism
of
toxicity.''
Propanoic
acid
and
its
calcium
and
sodium
salts
are
lower
toxicity
chemicals.
EPA
does
not
have,
at
this
time,
available
data
to
determine
whether
propanoic
acid
and
its
calcium
and
sodium
salts
have
a
common
mechanism
of
toxicity
with
other
substances
or
how
to
include
these
pesticide
chemicals
in
a
cumulative
risk
assessment.

VI.
Determination
of
Safety
for
U.
S.
Population,
Infants
and
Children
Based
on
the
available
data,
the
lower
toxicity
of
propanoic
acid
and
its
calcium
and
sodium
salts,
and
considering
the
FDA
affirmed
GRAS
uses
and
the
JEFCA
finding
of
the
unlimited
ADI,
EPA
concludes
that
propanoic
acid
and
its
calcium
and
sodium
salts
do
not
pose
a
dietary
risk
under
reasonably
foreseeable
circumstances.
Accordingly,
EPA
finds
that
there
is
a
reasonable
certainty
that
no
harm
will
result
to
the
general
population,
and
to
infants
and
children
from
aggregate
exposure
to
propanoic
acid
and
its
calcium
and
sodium
salts.
For
propanoic
acid
and
its
calcium
and
sodium
salts,
due
to
the
expected
low
oral
toxicity,
a
safety
factor
analysis
has
not
been
used
to
assess
the
risk.
For
the
same
reasons
and
especially
considering
the
available
developmental
toxicity
information,
the
additional
tenfold
safety
factor
for
the
protection
of
infants
and
children
is
unnecessary.

VII.
Other
Considerations
1.
Endocrine
disruptors.
FQPA
requires
EPA
to
develop
a
screening
program
to
determine
whether
certain
substances,
including
all
pesticide
chemicals
(
both
inert
and
active
ingredients),
may
have
an
effect
in
humans
that
is
similar
to
an
effect
produced
by
a
naturally
occurring
estrogen,
or
such
other
endocrine
effect.
EPA
has
been
working
with
interested
stakeholders
to
develop
a
screening
and
testing
program
as
well
as
a
priority
setting
scheme.
As
the
Agency
proceeds
with
implementation
of
this
program,
further
testing
of
products
containing
propanoic
acid
and
its
calcium
and
sodium
salts
for
endocrine
effects
may
be
required.
2.
Analytical
enforcement
methodology
An
analytical
method
is
not
required
for
enforcement
purposes
since
the
Agency
is
establishing
an
exemption
from
the
requirement
of
a
tolerance
without
any
numerical
limitation.
3.
Existing
exemptions
Several
tolerance
exemptions
for
the
residues
of
propionic
acid,
have
been
established
in
40
CFR
180.1023.
Under
40
CFR
180.1023(
a)
propionic
acid
or
a
mixture
of
methylene
bispropionate
and
oxy(
bismethylene)
bisproprionate
is
exempted
from
the
requirement
of
a
tolerance
when
used
as
a
fungicide
on
22
commodities.
In
addition
exemptions
from
the
requirement
of
tolerances
from
residues
of
propionic
acid
(
see
40
CFR
180.1023(
b))
have
been
established
in
or
on
meat
and
meat
byproducts
of
cattle,
sheep,
hogs,
goats,
horses,
and
poultry,
milk,
and
eggs
when
applied
as
a
bactericide/
fungicide
to
livestock
drinking
water,
poultry
litter,
and
storage
areas
for
silage
and
grain.
The
two
above
exemptions
are
only
being
modified
for
the
nomenclature
change
from
propionic
to
propanoic
acid.
The
current
exemption
under
40
CFR
180.1023(
c)
will
be
replaced
by
a
new
tolerance
exemption
which
covers
the
existing
exemptions
under
(
c),
but
is
broader
and
will
also
include
the
calcium
and
sodium
salts
of
propanoic
acid.
Exemptions
from
the
requirement
of
a
tolerance
have
been
established
in
40
CFR
180.1001(
c)
for
sodium
propionate
with
a
use
as
a
preservative
and
for
propionic
acid
with
a
use
as
a
catalyst
in
the
pesticide
formulation.
These
exemptions
are
now
duplicative
and
will
be
removed.

D.
International
Residue
Limits
The
Agency
is
not
aware
of
any
country
requiring
a
tolerance
for
propanoic
acid
and
its
calcium
and
sodium
salts
nor
have
any
CODEX
Maximum
Residue
Levels
(
MRLS)
been
established
for
any
food
crops
at
this
time.

VIII.
Conclusion
Based
on
the
information
in
the
record,
summarized
in
this
preamble,
EPA
concludes
that
there
is
a
reasonable
certainty
of
no
harm
from
aggregate
exposure
to
residues
of
propanoic
acid,
calcium
propionate,
and
sodium
propionate.
Accordingly,
EPA
finds
that
exempting
propanoic
acid;
propanoic
acid,
calcium
salt;
and
propanoic
acid,
sodium
salt
from
the
requirement
of
a
tolerance
will
be
safe.
With
the
establishment
of
this
tolerance
exemption
in
40
CFR180.1023(
c),
the
existing
tolerance
exemptions
for
inert
ingredients
in
40
CFR
180.1001(
c)
are
duplicative
and
can
be
removed.

IX.
Regulatory
Assessment
Requirements
This
proposed
rule
establishes
a
consolidated
and
expanded
exemption
from
the
requirement
for
a
tolerance
under
section
408(
d)
of
the
FFDCA.
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
proposed
rule
has
been
exempted
from
review
under
Executive
Order
12866
due
to
its
lack
of
significance,
this
proposed
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).
This
proposed
rule
does
not
contain
any
information
collections
subject
to
OMB
approval
under
the
Paperwork
Reduction
Act
(
PRA),
44
U.
S.
C.
3501
et
seq.,
or
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).
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);
or
OMB
review
or
any
Agency
action
under
Executive
Order
13045,
entitled
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
(
62
FR
19885,
April
23,
1997).
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).
The
Regulatory
Flexibility
Act
(
RFA)
(
5
U.
S.
C.
601
et
seq.)
generally
requires
an
agency
to
prepare
a
regulatory
flexibility
analysis
of
any
rule
subject
to
notice
and
comment
rulemaking
requirements
under
the
Administrative
Procedure
Act
or
any
other
statute
unless
the
agency
certifies
that
the
rule
will
not
have
a
significant
impact
on
a
substantial
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Vol.
68,
No.
8
/
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January
13,
2003
/
Proposed
Rules
number
of
small
entities.
Small
entities
include
small
businesses,
small
organizations,
and
small
governmental
organizations.
After
considering
the
economic
impacts
of
today's
proposed
rule
on
small
entities,
I
certify
that
this
action
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Establishing
an
exemption
from
the
requirement
of
a
pesticide
tolerance
(
or,
expanding
and
consolidating
a
tolerance
exemption,
as
is
proposed
today),
is
in
effect,
the
removal
of
a
regulatory
restriction
on
pesticide
residues
in
food
and
thus
such
an
action
will
not
have
any
negative
economic
impact
on
any
entities,
including
small
entities.
In
addition,
the
Agency
has
determined
that
this
action
will
not
have
a
substantial
direct
effect
on
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government,
as
specified
in
Executive
Order
13132,
entitled
Federalism(
64
FR
43255,
August
10,
1999).
Executive
Order
13132
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications.''``
Policies
that
have
federalism
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
government.''
This
proposed
rule
directly
regulates
growers,
food
processors,
food
handlers
and
food
retailers,
not
States.
This
action
does
not
alter
the
relationships
or
distribution
of
power
and
responsibilities
established
by
Congress
in
the
preemption
provisions
of
section
408(
n)(
4)
of
the
FFDCA.
For
these
same
reasons,
the
Agency
has
determined
that
this
proposed
rule
does
not
have
any
``
tribal
implications''
as
described
in
Executive
Order
13175,
entitled
Consultation
and
Coordination
with
Indian
Tribal
Governments
(
65
FR
67249,
November
6,
2000).
Executive
Order
13175,
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications.''
``
Policies
that
have
tribal
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
Government
and
the
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes.''
This
proposed
rule
will
not
have
substantial
direct
effects
on
tribal
governments,
on
the
relationship
between
the
Federal
Government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes,
as
specified
in
Executive
Order
13175.
Thus,
Executive
Order
13175
does
not
apply
to
this
proposed
rule.

X.
Submission
to
Congress
and
the
Comptroller
General
The
Congressional
Review
Act,
5
U.
S.
C.
801
et
seq.,
as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
that
before
a
rule
may
take
effect,
the
agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
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:
January
2,
2003.
Peter
Caulkins,
Acting
Director,
Registration
Division,
Office
of
Pesticide
Programs.

Therefore,
it
is
proposed
that
40
CFR
chapter
I
be
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),
346(
a)
and
371.

PART
180.1001
[
Amended]

2.
Section
180.1001
is
amended
in
paragraph
(
c)
by
removing
from
the
table,
the
entries
for
``
propionic
acid''
and
``
sodium
propionate.''

3.
Section
180.1023
is
amended
in
paragraph
(
a)
and
(
b)
by
revising
the
term
``
propionic
acid''
to
read
``
propanoic
acid;''
and
by
revising
paragraph
(
c)
to
read
as
follows:
§
180.1023
Propanoic
acid
and
its
sodium
and
calcium
salts;
exemptions
from
the
requirement
of
a
tolerance.

*
*
*
*
*
(
c)
Residues
of
propanoic
acid
(
CAS
Reg.
No.
79
 
09
 
4),
propanoic
acid,
calcium
salt
(
CAS.
Reg.
No.
4075
 
81
 
4),
and
propanoic
acid,
sodium
salt
(
CAS
Reg.
No.
137
 
40
 
6)
are
exempted
from
the
requirement
of
a
tolerance
when
used
as
either
an
active
or
inert
ingredient
in
accordance
with
good
agricultural
practice
in
pesticide
formulations
applied
to
growing
crops,
to
raw
agricultural
commodities
after
harvest,
and
to
animals.
[
FR
Doc.
03
 
615
Filed
1
 
10
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
300
[
FRL
 
7436
 
6]

National
Oil
and
Hazardous
Substances
Pollution
Contingency
Plan;
National
Priorities
List
AGENCY:
Environmental
Protection
Agency.
ACTION:
Notice
of
intent
to
delete
the
Wildcat
Landfill
Superfund
Site
from
the
National
Priorities
List.

SUMMARY:
The
Environmental
Protection
Agency
(
EPA)
Region
III
is
issuing
a
notice
of
intent
to
delete
the
Wildcat
Landfill
Superfund
Site
(
Site),
located
in
Kent
County,
near
Dover,
Delaware,
from
the
National
Priorities
List
(
NPL)
and
requests
public
comments
on
this
notice
of
intent.
The
NPL,
promulgated
pursuant
to
section
105
of
the
Comprehensive
Environmental
Response,
Compensation,
and
Liability
Act
of
1980,
as
amended
(
CERCLA),
is
found
at
Appendix
B
of
40
CFR
part
300,
which
is
the
National
Oil
and
Hazardous
Substances
Pollution
Contingency
Plan
(
NCP).
EPA,
with
the
concurrence
of
the
State
of
Delaware,
through
the
Delaware
Department
of
Natural
Resources
and
Environmental
Control,
has
determined
that
responsible
parties
or
other
persons
have
implemented
all
appropriate
response
actions
required
under
CERCLA
and,
therefore,
no
further
response
action
pursuant
to
CERCLA
is
appropriate.
However,
this
deletion
does
not
preclude
future
actions
under
CERCLA.
In
the
``
Rules
and
Regulations''
section
of
today's
Federal
Register,
EPA
is
publishing
a
direct
final
notice
of
deletion
of
the
Wildcat
Landfill
Superfund
Site
without
prior
notice
of
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22:
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2003
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