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EPA/OCSPP

RIN: 2070-AJ23

Publication ID: Fall 2010

Title: Pesticides; Tolerance Processing Fees
Abstract: Section 408(m) of the Federal Food, Drug, and Cosmetic Act (FFDCA) was amended to require EPA to charge tolerance fees that, in the aggregate, will cover all costs associated with processing tolerance actions, including filing a tolerance petition, and establishing, modifying, leaving in effect, or revoking a tolerance or tolerance exemption. EPA developed a final rule that would have adjusted the fee structure and fee amounts for tolerance actions. A final rule completed OMB review on December 31, 2003, but has not been issued because the Consolidated Appropriations Act of 2004, signed on January 23, 2004, prohibited EPA from collecting any tolerances fees until September 30, 2008. This prohibition was expanded in 2005 to include a prohibition on using federal funding to perform any work on a final tolerance fee rulemaking. As such, no rulemaking activities are currently planned. Most recently, the prohibition was extended yet again in 2007 when Congress adopted the Pesticide Registration Improvement Renewal Act. In that bill, Congress extended the ban on assessing tolerance fees through September 30, 2012.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 180 40 CFR 178
Legal Authority: 21 USC 346(a)

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	06/09/1999	64 FR 31039
Supplemental NPRM	07/24/2000	65 FR 45569
Supplemental NPRM 2	08/31/2000	65 FR 52979
Final Action	To Be Determined

Additional Information: EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-PEST/1999/June/Day-09/p14477.htm; http://www.epa.gov/pesticides/fees/; EPA Docket information: Legacy Docket # OPP-30115
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: http://www.epa.gov/pesticides/regulating/fees/index.htm
Sectors Affected: 32532 Pesticide and Other Agricultural Chemical Manufacturing
RIN Data Printed in the FR: No
Agency Contact: Lindsay Moose Environmental Protection Agency Office of Chemical Safety and Pollution Prevention 7501P, Washington, DC 20460 Phone:703 305-7108 Fax:703 305-6244 Email: moose.lindsay@epa.gov