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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations
certainty that no harm will result to the U.S. population, including infants and children, from aggregate exposure to residues of 1ACC. This includes all anticipated dietary exposures and all other exposures for which there is reliable information. Based on the reliable data indicating lack of toxicity, including threshold effects, that supports EPAs determination to conduct a qualitative assessment, EPA
has concluded that the additional margin of safety is not necessary to protect infants and children.
V. Other Considerations 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.
However, the analytical methods Ultra High-Performance Liquid Chromatography-Tandem Mass Spectrometry is available to EPA for the detection and measurement of the pesticide residues VI. Conclusions Therefore, an exemption is established for residues of 1aminocyclopropane-1-carboxylic acid 1ACC in or on apple and stone fruit when used in accordance to good agricultural practices.

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VII. Statutory and Executive Order Reviews This action establishes an exemption from the requirement of a tolerance under FFDCA section 408d in response to a petition submitted to the Agency. The Office of Management and Budget OMB has exempted these types of actions from review under Executive Order 12866, entitled Regulatory Planning and Review 58 FR 51735, October 4, 1993. Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use 66
FR 28355, May 22, 2001 or Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks 62 FR 19885, April 23, 1997, nor is it considered a regulatory action under Executive Order 13771, entitled Reducing Regulations and Controlling Regulatory Costs 82
FR 9339, February 3, 2017. This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act PRA, 44 U.S.C. 3501 et seq., nor does
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it require any special considerations under Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations 59 FR 7629, February 16, 1994.
Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408d, 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 action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA
section 408n4. As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled Federalism 64 FR 43255, August 10, 1999 and Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments 65 FR
67249, November 9, 2000 do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act UMRA 2 U.S.C.
1501 et seq..
This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12d of the National Technology Transfer and Advancement Act NTTAA 15 U.S.C. 272 note.
VIII. Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., EPA will submit a report containing this rule and other required information to the U.S.
Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a major rule as defined by 5 U.S.C. 8042.
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides
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and pests, Reporting and recordkeeping requirements.
Dated: May 26, 2021.
Edward Messina, Acting Director, Office of Pesticide Programs.

Therefore, 40 CFR chapter I is amended as follows:
PART 180TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:

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

2. Revise 180.711 to read as follows:

180.711 1-Aminocyclopropane-1carboxylic Acid 1ACC; Exemption from the Requirement of a Tolerance.

An exemption from the requirement of a tolerance is established for 1aminocyclopropane-1-carboxylic acid 1ACC in or on apple and stone fruit when applied in accordance with good agricultural practices.
FR Doc. 202113681 Filed 62521; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 257
EPAHQOLEM20200508; FRL10024
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Texas: Approval of State Coal Combustion Residuals Permit Program Environmental Protection Agency EPA.
ACTION: Final approval.
AGENCY:

Pursuant to the Resource Conservation and Recovery Act RCRA, the Environmental Protection Agency EPA is approving the Texas Commission on Environmental Qualitys partial State Coal Combustion Residuals CCR Permit Program, which will now operate in lieu of the Federal CCR program, with the exception of certain provisions for which the State did not seek approval. EPA has determined that the Texas partial CCR
permit program meets the standard for approval under RCRA. Facilities operating under the States program requirements and resulting permit provisions are also subject to EPAs information gathering and inspection and enforcement authorities under RCRA and other applicable statutory and regulatory provisions.
DATES: The final approval of the Texas partial CCR Permit Program is effective on July 28, 2021.
SUMMARY:

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