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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations
on or before October 12, 2021, and must be filed in accordance with the instructions provided in 40 CFR part 178 see also Unit I.C. of the SUPPLEMENTARY INFORMATION.
ADDRESSES: The docket for this action, identified by docket identification ID
number EPAHQOPP20200050, 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
204600001. 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 5661744, and the telephone number for the OPP
Docket is 703 3055805.
Due to the public health concerns related to COVID19, 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.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Registration Division 7505P, Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 204600001; main telephone number: 703 3057090;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
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A. Does this action apply to me?
You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System NAICS codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:
Crop production NAICS code 111.
Animal production NAICS code 112.
Food manufacturing NAICS code 311.
Pesticide manufacturing NAICS code 32532.
B. How can I get electronic access to other related information?
You may access a frequently updated electronic version of EPAs tolerance regulations at 40 CFR part 180 through the Government Publishing Offices e-

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CFR site at http www.ecfr.gov/cgi-bin/
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Title40/40tab_02.tpl.
C. How can I file an objection or hearing request?
Under FFDCA section 408g, 21
U.S.C. 346ag, 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 EPAHQ
OPP20200050 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before October 12, 2021. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR
178.25b.
In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing excluding any Confidential Business Information CBI for inclusion in the public docket.
Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPAHQOPP
20200050, 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 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 204600001.
Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http
www.epa.gov/dockets.
II. Summary of Petitioned-For Tolerance In the Federal Register of September 30, 2020 85 FR 61681 FRL1001474, EPA issued a document pursuant to FFDCA section 408d3, 21 U.S.C.
346ad3, announcing the filing of a pesticide petition PP 9E8819 by BASF

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Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC
27709. The petition requested that 40
CFR 180.589 be amended by establishing tolerances for residues of the fungicide boscalid in or on tea at 80
parts per million ppm. That document referenced a summary of the petition prepared by BASF Corporation, the registrant, which is available in the docket, http www.regulations.gov. No comments were received in response to the notice of filing.
FFDCA section 408d4Ai permits the Agency to finalize a tolerance that varies from that sought by the petition.
Based upon review of the data supporting the petition, EPA has modified the tolerance level being established and corrected the commodity definition of tea to tea, dried and tea, instant. The reason for these changes is explained in Unit IV.D.
III. Aggregate Risk Assessment and Determination of Safety A. Statutory Background Section 408b2Ai 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 408b2Aii 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 408b2C of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue . . . .
Consistent with FFDCA section 408b2D and the factors specified therein, EPA has reviewed the available scientific data and other relevant information in support of this action.
EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure for boscalid including exposure resulting from the tolerances established by this action.
EPAs assessment of exposures and risks associated with boscalid follows.
B. Aggregate Risk Assessment In an effort to streamline Federal Register publications, EPA is not
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