Hydrogen Peroxide; Exemption from the Requirement of a Tolerance

This regulation establishes an exemption from the requirement of a tolerance for residues of Hydrogen Peroxide, in or on all raw and processed food commodities when used in sanitizing solutions containing a diluted end-use concentration of hydrogen peroxide up to 1,100 ppm, and applied to tableware, utensils, dishes, pipelines, tanks, vats, fillers, evaporators, pasteurizers, aseptic equipment, milking equipment, and other food processing equipment in food handling establishments including, but not limited to dairies, dairy barns, restaurants, food service operations, breweries, wineries, and beverage and food processing plants. Ecolab, Incorporated submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act, (FFDCA) as amended by the Food Quality Protection Act (FQPA) of 1996 requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of hydrogen peroxide. This final rule reinserts, and amends the hydrogen peroxide exemption that was deleted from the July 1, 1998 edition of 40 CFR; incorporates the currently published hydrogen peroxide exemption, unchanged and adds the subject hydrogen peroxide exemption. This final rule is being published with a companion final rule titled "Peroxyacetic Acid; Exemption from the Requirement of a Tolerance."