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show no evidence of infection or injury (b) For postharvest application as a in the test animals when observed for preservative on salad greens and vege7 days following injection.

tables intended for consumption 28 (b) Exemption from the requirement salads. of a tolerance is established for residues

8 180.1016 Ethylene; exemption from of the microbial insecticide Bacillusthuringiensis Berliner, as specified in

the requirement of a tolerance. paragraph (a) of this section, in or on Ethylene is exempted from the rethe following raw agricultural commodi- quirement of a tolerance for residues ties: Alfalfa, apples, artichokes, bananas, when used as a plant regulator on fruit beans, broccoli, brussels sprouts, cab- and vegetable crops in conformity with bage, cauliflower, celery, collards, cotton- good agricultural practice, before or seed, cucumbers, eggplants, grapes,

after harvest. horseradish, kale, lettuce, melons, mus

| 180.1017 Diatomaceous earth ; ex. tard greens, oranges, peas, potatoes,

emption from the requirement of a soybeans, spinach, strawberries, sugar

tolerance. beets, sweet corn, tomatoes, turnip

Diatomaceous earth is exempted from greens, and walnuts.

the requirement of a tolerance for resi(36 FR 22540, Nov. 25, 1971, as amended at 38 FR 10639, Apr. 80, 1973)

dues when used against insect pests in

accordance with good agricultural prac$ 180.1012 1,1,1-Trichloroethane; tice on stored beans, peas, soybeans, and

emption from the requirement of a on the stored grains barley, buckwheat, tolerance.

corn, oats, rice, rye, sorghum (milo), The fungicide 1,1,1-trichloroethane is wheat. exempted from the requirement of a | 180.1018 Ammonium nitrate; exemptolerance for residues when used in the

tion from the requirement of a tol. postharvest fumigation of citrus fruits. & 180.1013 Sulfur dioxide from use in Ammonium nitrate is exempted from

fumigants for stored grains; exemp- the requirement of a tolerance when used tion from the requirement of a os a desiccant or defoliant in the productolerance.

tion of cottonseed, grain sorghum, Residues from the use of sulfur di- peppers, potatoes, sweetpotatoes. oxide in liquid grain-fumigant formula

§ 180.1019 Sulfuric acid; exemption tions for marker or fire-retardant pur- from the requirement of a tolerance. poses at levels not exceeding 5 percent

Sulfuric acid is exempted from the reby weight of such formulations are ex

quirement of a tolerance for residues empted from the requirement of a toler- when used in accordance with good agance in or on barley, buckwheat, corn, ricultural practice as a herbicide in the oats, popcorn, rice, rye, grain sorghum production of garlic and onions. (milo), wheat.

§ 180.1020 Sodium chlorate; exemp180.1014 Pentane; exemption from

tion from the requirement of a

tolerance. the requirement of a tolerance. Pentane is exempted from the require

Sodium chlorate is exempted from the ment of a tolerance for residues when

requirement of a tolerance for residues used in accordance with good commer

in or on cottonseed when used in accordcial practice as an adjuvant in liquid

ance with good agricultural practice as a grain fumigants for the fumigation of

defoliant, desiccant, or fungicide in cotthe following grains: Barley, corn, oats,

ton production. popcorn, rice, rye, sorghum (milo), & 180.1021 Copper; exemption from the wheat.

requirement of a tolerance. $ 180.1015 Sodium propionate; exemp

Copper is exempted from the requiretion from the requirement of a

ment of a tolerance in eggs, fish, meat, tolerance.

milk, irrigated crops, and shellfish when

it results from the use of: Sodium propionate is exempted from

(a) Copper sulfate as an algicide or the requirement of a tolerance for resi- herbicide in irrigation conveyance sysdues when used as follows:

tems and lakes, ponds, reservoirs, or (a) As a fungicide in the production bodies of water in which fish or shellfish of garlic.

are cultivated.

a

a

as

(b) Basic copper carbonate (mala- the relief sought. Objections may be acchite) as an algicide or herbicide in im- companied by a memorandum or brief pounded and stagnant bodies of water. in support thereof. (37 FR 3353, Feb. 15, 1972)

(87 FR 14230, July 18, 1972] $ 180.1022 Iodine-detergent complex; $ 180.1025 Xylene; exemption from the

exemption from the requirement of a requirement of a tolerance. tolerance.

Xylene is exempted from the requireThe aqueous solution of hydriodic acid ment of a tolerance when used as an and elemental iodine, including one or aquatic herbicide applied to irrigation both of the surfactants (a) polyoxypro- conveyance systems in accordance with pylene-polyoxyethylene glycol nonionic the following conditions: block polymers (minimum average mo- (a) It is to be used only in programs lecular weight 1,900) and (b) a-(p-nonyl- of the Bureau of Reclamation, U.S. Dephenyl) - omega - hydroxypoly (oxy- partment of Interior, and cooperating ethylene) having a maximum average water user organizations. molecular weight of 748 and in which (b) It is to be applied as an emulthe nonyl group is a propylene trimer sion at an initial concentration not to isomer, is exempted from the requirement exceed 750 parts per million. of a tolerance for residues in eggs and (c) It is not to be applied when there poultry when used as a sanitizer in poul- is any likelihood that the irrigation watry drinking water.

ter will be used as a source of raw water (37 FR 6581, Mar. 31, 1972)

for a potable water system or where $ 180.1023 Propionic acid; exemption

return flows of such treated irrigation from the requirement of a tolerance.

water into receiving rivers and streams Propionic acid is exempt from the

would contain residues of xylene in exrequirement of a tolerance fo residues

cess of 10 parts per million. when used as a fungicide in or on the

(d) Xylene to be used as an aquatic grains of barley, corn, oats, sorghum,

herbicide shall meet the requirement and wheat from postharvest applica

limiting the presence of a polynuclear tion. These grains are for use only as

aromatic hydrocarbons listed in animal feeds.

$ 121.1203(b) (3) of title 21, Code of [37 FR 8450, Apr. 27, 1972)

Federal Regulations.

(38 FR 16352, June 22, 1973] $ 180.1024 Paraformaldehyde; exemption from the requirement of

§ 180.1026 N,N-Diallyl dichloroacetatolerance.

mide; exemption from the require

ment of a tolerance. The Insecticide paraformaldehyde is exempted from the requirement of a tol

N,N-Diallyl dichloroacetamide is exerance for residues in or on sugar beets

empted from the requirement of a tol(roots and tops) when applied to the soil

erance when used as an inert ingredient not later than planting.

in formulations of the herbicides S-ethyl Any person who will be adversely af- diisobutylthiocarbamate, S-ethyl diprofected by the foregoing order may at any

pylthiocarbamate, and S-propyl diprotime within 30 days after its date of pub

pylthiocarbamate applied to cornfields lication in the FEDERAL REGISTER file with

before the corn plants emerge from the the Hearing Clerk, Environmental Pro

soil. tection Agency, Room 3125, South Agri- (38 FR 7331, Mar. 20, 1973) culture Building, 12th Street and Inde- § 180.1027 Nuclear polyhedrosis virus pendence Avenue SW., Washington, DC

of Heliothis zea; exemption from the 20450, written objections thereto in quin

requirement of a tolerance. tuplicate. Objections shall show wherein the person filing will be adversely af

(a) For the purposes of this section, fected by the order and specify with

the viral insecticide must be produced particularity the provisions of the order with an unaltered and unadulterated deemed objectionable and the grounds inoculum of Heliothis zea nuclear polyfor the objections. If a hearing is re- hedrosis virus. The integrity of the seed quested, the objections must state the virus must be assured by periodic checks. issues for the hearing. A hearing will be (b) Each lot of active ingredient of granted if the objections are supported the viral insecticide shall have the folby grounds legally sufficient to justify lowing specifications:

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(1) The level of extraneous bacterial contamination of the final unformulated viral insecticide will not exceed 10' colonies per gram as determined by an aerobic plate count on trypticase soy agar.

(2) Pathogens, e.g., Salmonella, Shigella, or Vibrio must be absent.

(3) Safety to mice as determined by standardized intraperitoneal injections and a standardized 21-day feeding study must be demonstrated.

(4) Integrity of the viral product as determined by the most sensitive and standardized serological test must be demonstrated.

(c) Exemption from the requirement of a tolerance is established for residues of the microbial insecticide nuclear polyhedrosis virus of Heliothis zea, as specified in paragraphs (a) and (b) of this section, in or on the raw agricultural commodity cottonseed. (38 FR 14170, May 30, 1973)

SUBCHAPTER RADIATION PROGRAMS (RESERVED] SUBCHAPTER G-NOISE ABATEMENT PROGRAMS [RESERVED]

SUBCHAPTER H-OCEAN DUMPING

PART 220_GENERAL Sec. 220.1 Purpose and scope. 220.2 Definitions. 220.3 Categories of permits. 220.4 Delegation of authority.

AUTHORITY: Title I, Marine Protection, Research, and Sanctuaries Act of 1972, Public Law 92–532.

SOURCE: 38 FR 8726, Apr. 5, 1973, unless otherwise noted. & 220.1 Purpose and scope.

(a) General. This part establishes procedures for the issuance of permits by EPA pursuant to section 102 of the Act. Subject to the exclusion in paragraph (b) of this section, the Act prohibits:

(1) Transportation from the United States of radiological, chemical, or biological warfare agents, or of any highlevel radioactive wastes, for the purpose of dumping them into ocean waters, and the dumping of any such materials into the territorial sea, or into the contiguous zone (to the extent it may affect the territorial sea or the territory of the United States);

(2) Transportation from the United States of material not specified in paragraph (a) (1) of this section, for the purpose of dumping it into ocean waters, and the dumping of any such material into the territorial sea, or into the contiguous zone (to the extent it may affect the territorial sea or the territory of the United States), without a permit from EPA; or, in the case of dredged material, from the Corps of Engineers.

(3) Transportation from any location outside the United States, of materials

specified in paragraph (a) (1) of this section, for the purpose of dumping them into ocean waters, by any officer, employee, agent, department, agency, or instrumentality of the United States.

(4) Transportation of any material not specified in paragraph (a) (1) of this section, from any location outside the United States, for the purpose of dumping it into ocean waters, by any oficer, employee, agent, department, agency, or instrumentality of the United States, without a permit from EPA; or, in the case of dredged material, from the Corps of Engineers.

(b) Exclusion.--This part does not apply to the transportation and dumping of fish wastes unless such dumping occurs in: (1) Harbors or

enclosed coastal waters; or

(2) Any other location where the Administrator finds that such dumping could endanger health, the environment or ecological systems in a specific location: Provided, That nothing herein shall be construed as requiring a permit under the Act for the dumping of fish wastes in areas inside the baseline from which the territorial sea is measured as provided for in the Convention on the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639). $ 220.2 Definitions.

As used in this part, the term "Act" means the Marine Protection, Research and Sanctuaries Act of 1972, Fublic Law 92-532, 33 U.S.C. Unless otherwise provided herein, all other terms shall have the meanings assigned to them by the Act.

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8 220.3 Categories of permits.

Sec.

221.3 Applicant. (a) General permits.-From time to

221.4 Adequacy of information. time the Administrator may authorize,

221.5 Processing fees. by general permit, the dumping of cer

AUTHORITY: Title I, Marine Protection and tain materials. Such general permits

Sanctuarles Act of 1972, Public aw 95–532. shall be published in the Federal Register and shall specify the types and

SOURCE: 38 FR 8727, Apr. 5, 1973, unless

otherwise noted. amounts of materials which may be dumped, the designated dumping sites & 221.1 Application forms for special for such dumping activities, a fixed ex

permits. piration date and any other conditions

Applications for EPA special permits deemed appropriate by the Adminis

under the Act may be filed with the Adtrator. A general permit may be granted

ministrator or the Regional Administraby the Administrator under this section

tor, if any, authorized by $ 220.4(a) of on application of an interested person in

this chapter to act on the application. accordance with the procedures of part

Unless and until printed application 221 of this chapter, or may be granted

forms are made available, an application by the Administrator on his own initia

may be made by letter. Any application tive, subject to the notice and hearing

for a permit under this subchapter will requirements of part 222 of this chapter.

include at a minimum: (b) Special permits.—The dumping of

(a) Name and address of applicant; material requiring an EPA permit under

(b) Name of the person or firm (if not the act, and not covered by a general permit published in the FEDERAL REGISTER

the applicant), and the name and usual

location of the conveyance, to be used in under paragraph (a) of this section will require a special permit issued to a spec

the transportation and dumping of the

material involved; ified applicant, having a fixed expiration

(c) Physical and chemical description date (which shall be no later than 1 year from the date of issue), and specifying

of material to be dumped, including re

sults of tests necessary to meet the rethe exact amount of material permitted to be dumped thereunder. Special per

quirements of part 227 of this chapter. mits will be granted only on application

(d) Quantity of material

dumped; in accordance with the requirements of

(e) Means of conveyance and anticipart 221 of this chapter.

pated time of disposal; $ 220.4 Delegation of authority. .

(f) Proposed dump site; and in the (a) Regional Administrators.-Re

event such proposed dumping site is not gional administrators have the authority

a designated dumping site designated in to issue, deny, and to impose conditions

appendix A of this subchapter, detailed on, special permits for:

physical information on the nature of the (1) The dumping of material in that

proposed dump site; portion of the territorial sea which is

(g) Proposed method of disposal at the subject to the jurisdiction of any State

dump site; within their respective regions;

(h) Identification of the specific pro(2) The transportation for dumping cess or activity giving rise to the producof any material from a location in a State tion of the material; in their respective regions, except to the (i) Information on the manner in extent a different regional administrator which the type of material in question has such authority by virtue of para- has been previously disposed of by or on graph (a) (1) of this section.

behalf of the applicant; (b) Other.-In all cases not described

(j) A description of available alternain paragraph (a) of this section the administrator, or such other EPA em

tive means of disposal of the material, ployees as he may from time to time

with explanations of why each of such designate in writing, shall issue, deny or

alternatives is thought by the applicant impose conditions on special and general

to be inappropriate. permits issued pursuant to the Act. 8 221.2 Other information.

In the event the Administrator, RePART 221-APPLICATIONS

gional Administrator, or a person desigSec. 221.1 Application forms for special permits.

nated by either to review special permit 221.2 Other information.

applications, determines that additional

information is needed in order to apply PART 222-ACTIONS ON APPLICATIONS the criteria set forth in part 227 of Sec. this chapter, he shall so advise the ap- 222.1 General. plicant in writing. For purposes of apply- 222.2 Tentative determinations. ing the time limitation of g 222.1 of this 222.2a Interim time limits. chapter, an application will not be con

222.3 Notice of applications.

222.4 sidered complete until all additional in

Issuance of permits without hearing.

222.5 Initiation of hearings. formation requested pursuant to this

222.6 Time and place of hearings. section is received, and all such informa

222.7 Notice of hearings. tion shall be deemed part of the appli- 222.8 Conduct of hearings. cation.

222.9 Recommendations of presiding ofi

cer. 8 221.3 Applicant.

222.10 Issuance of permits after hearings. Any person may apply for a special

AUTHORITY: Title I, Marine Protection, permit under this part, even though the Research, and Sanctuaries Act of 1972, Public proposed dumping may be carried on by Law 92-532. a permittee who is not the applicant.

SOURCE: 38 FR 8727, Apr. 5, 1973, unless However, issuance of a permit will not

otherwise noted. excuse the permittee from any civil or

General. criminal liability which may attach by

§ 222.1 virtue of his having transported or Decisions as to the issuance, denial, or dumped materials in violation of the imposition of conditions on a permit isterms or conditions of a permit, notwith- sued by EPA pursuant to this part will standing that the permittee may not have be made in the light of the factors set been the applicant.

forth in section 102(a) of the Act and

after issuance of criteria pursuant there& 221.4 Adequacy of information.

to, in the light of such criteria. In all No special permit issued under this cases, final action on any application for part will be valid for the transportation a special permit, or renewal thereof, will or dumping of any material which is not be taken by EPA within 180 days from: accurately and fully described in the ap- (a) The date the application is filed, or, plication. No permittee shall be relieved (b) in the event the application is deof any liability which may arise as a re- ficient, from the date on which the apsult of the transportation or dumping plicant provides all requisite information, of material which does not conform to

whichever is later: Provided, That if a information provided in the application

hearing is convened pursuant to part solely by virtue of the fact that such in

222 of this chapter, such 180-day limit to formation was furnished by an applicant

grant a permit will be extended by the

time required for such hearing. other than the permittee.

§ 222.2 Tentative determinations. 221.5 Processing fees.

Within 10 days after receipt of a com(a) A processing fee of $500 will be

pleted permit application, EPA shall precharged in connection with each appli- pare in writing a tentative determination cation for a special permit for dumping with respect to issuance or denial of in an existing dump site designated in the permit applied for. If such tentative appendix A of this subchapter.

determination is to issue the permit, the (b) A processing fee of $1,000 will be

following additional tentative determi. charged in connection with each appli

nations will be made:

(a) Proposed time limitations, if any; cation for a special permit involving the use of a dump site other than a desig

(b) Proposed dumping site; and

(c) A brief description of any other nated dump site. (c) A processing fee of $200 will be

proposed special conditions determned charged in connection with each applica

to be appropriate for inclusion in the

permit in question. tion for renewal of a special permit. (d) Notwithstanding the foregoing, no

$ 222.2a Interim time limits. agency or instrumentality of the United (a) Early applications. NotwithstandStates or of a State or local government ing the time periods established by will be required to pay the processing fees this subchapter, including without limispecified in paragraphs (a), (b), and (c) tation those set forth in $8 222.3(d), of this section.

222.4(a), 222.4(b), 222.5, and 222.6, the

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