[Federal Register Volume 65, Number 132 (Monday, July 10, 2000)]
[Notices]
[Pages 42356-42360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17357]


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ENVIRONMENTAL PROTECTION AGENCY

[PF-954; FRL-6594-5]


Notice of Filing of Pesticide Petitions to Establish Tolerances 
for Certain Pesticide Chemicals in or on Food

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of pesticide 
petitions proposing the establishment of regulations for residues of 
certain pesticide chemicals in or on various food commodities.

DATES: Comments, identified by docket control number PF-954, must be 
received on or before August 9, 2000.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I.C. of the SUPPLEMENTARY INFORMATION. To ensure 
proper receipt by EPA, it is

[[Page 42357]]

imperative that you identify docket control number PF-954 in the 
subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT:  By mail: Treva C. Alston, 
Registration Division (7505C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 308-8373; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be affected by this action if you are an agricultural 
producer, food manufacturer or pesticide manufacturer. Potentially 
affected categories and entities may include, but are not limited to:

 
------------------------------------------------------------------------
                                                          Examples of
           Categories                    NAICS            potentially
                                                       affected entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                  112                 Animal production
                                  311                 Food manufacturing
                                  32532               Pesticide
                                                       manufacturing
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in the table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether or not this action might apply to certain entities. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register--Environmental Documents.'' You can also go directly 
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number PF-954. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as confidential business information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number PF-954 in the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Highway, Arlington, VA. The PIRIB is open from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: ``[email protected],'' or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in Wordperfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be 
identified by docket control number PF-954. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI That I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person identified under FOR FURTHER INFORMATION 
CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Make sure to submit your comments by the deadline in this 
notice.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. What Action is the Agency Taking?

    EPA has received pesticide petitions as follows proposing the 
establishment and/or amendment of regulations for residues of certain 
pesticide chemicals in or on various food commodities under section 408 
of the Federal Food, Drug, and Comestic Act (FFDCA), 21 U.S.C. 346a. 
EPA has determined that the petitions contain data or information 
regarding the elements set forth in

[[Page 42358]]

section 408(d)(2); however, EPA has not fully evaluated the sufficiency 
of the submitted data at this time or whether the data support granting 
of the petitions. Additional data may be needed before EPA rules on the 
petition.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives, 
Food additives, Pesticides and pests, Reporting and recordkeeping 
requirements.

    Dated: June 29, 2000.
James Jones,
Director, Registration Division, Office of Pesticide Programs.

Summaries of Petitions

    The petitioner summaries of the pesticide petitions are printed 
below as required by section 408(d)(3) of the FFDCA. The summaries of 
the petitions were prepared by the petitioner and represents the view 
of the petitioner. The petition summaries announce the availability of 
a description of the analytical methods available to EPA for the 
detection and measurement of the pesticide chemical residues or an 
explanation of why no such method is needed.

I. Huntsman Petrochemical Corporation

PP 0E6098

    EPA has received a pesticide petition PP 0E6098 from Huntsman 
Petrochemical Corporation, 3040 Post Oak Blvd., Houston TX 77056 
proposing, pursuant to section 408(d) of the FFDCA, 21 U.S.C. 346a(d), 
to amend 40 CFR part 180 to establish an exemption from the requirement 
of a tolerance for poly(oxy-1,2-ethanediyl), -(2-methyl-1-oxo-
2-propenyl)--methoxy-, polymer with 2-propenoic acid, 2-
methyl- and 2- propenoic acid, 2-methyl-, methyl ester, for use as a 
surfactant in formulations when used in accordance with good 
agricultural practices as an inert ingredient in pesticide formulations 
applied to growing crops or on the raw agricultural commodity (RAC) 
after harvest. EPA has determined that the petition contains data or 
information regarding the elements set forth in section 408(d)(2) of 
the FFDCA; however, EPA has not fully evaluated the sufficiency of the 
submitted data at this time or whether the data support granting of the 
petition. Additional data may be needed before EPA rules on the 
petition.

A. Residue Chemistry

    Analytical method. Huntsman is petitioning that poly(oxy-1,2-
ethanediyl), -(2-methyl-1-oxo-2-propenyl)--methoxy-, 
polymer with 2-propenoic acid, 2-methyl-and 2-propenoic acid, 2-methyl-
, methyl ester be exempt from the requirement of a tolerance based upon 
the definition of a low risk polymer as per 40 CFR 723.250. Therefore, 
an analytical method to determine residues of poly(oxy-1,2-ethanediyl), 
-(2-methyl-1-oxo-2-propenyl)--methoxy-, polymer with 
2-propenoic acid, 2-methyl- and 2-propenoic acid, 2-methyl-, methyl 
ester in RACs has not been proposed.

B. Toxicological Profile

    1. Acute toxicity. In the case of certain chemical substances that 
are defined as ``polymers,'' the Agency has established a set of 
criteria which identifies categories of polymers that present low risk. 
These criteria (described in 40 CFR 723.250) identify polymers that are 
typically not readily absorbed, and are relatively unreactive and 
stable compounds in comparison to other chemical substances. These 
properties generally limit a polymer's ability to cause adverse 
effects. In addition, these criteria exclude polymers about which 
little is known. The Agency believes that polymers meeting the criteria 
noted above will present minimal or no risk. Poly(oxy-1,2-ethanediyl), 
-(2-methyl-1-oxo-2-propenyl)--methoxy-, polymer with 
2-propenoic acid, 2-methyl- and 2-propenoic acid, 2-methyl-, methyl 
ester conforms to the definition of a polymer given in 40 CFR 
723.250(b) and meets the following criteria that are used to identify 
low risk polymers.
    i. Poly(oxy-1,2-ethanediyl), -(2-methyl-1-oxo-2-propenyl)-
-methoxy-, polymer with 2-propenoic acid, 2-methyl- and 2-
propenoic acid, 2-methyl-, methyl ester is not a cationic polymer, nor 
is it capable of becoming a cationic polymer in the natural aquatic 
environment.
    ii. Poly(oxy-1,2-ethanediyl), -(2-methyl-1-oxo-2-
propenyl)--methoxy-, polymer with 2-propenoic acid, 2-methyl- 
and 2-propenoic acid, 2-methyl-, methyl ester contains as an integral 
part of its composition the atomic elements carbon, hydrogen, oxygen.
    iii. Poly(oxy-1,2-ethanediyl), -(2-methyl-1-oxo-2-
propenyl)--methoxy-, polymer with 2-propenoic acid, 2-methyl- 
and 2-propenoic acid, 2-methyl-, methyl ester does not contain as an 
integral part of its composition, except as impurities, any element 
other than those listed in 40 CFR 723.250(d)(2)(iii).
    iv. Poly(oxy-1,2-ethanediyl), -(2-methyl-1-oxo-2-
propenyl)--methoxy-, polymer with 2-propenoic acid, 2-methyl- 
and 2-propenoic acid, 2-methyl-, methyl ester is not designed, nor is 
it reasonably anticipated to substantially degrade, decompose, or 
depolymerize.
    v. Poly(oxy-1,2-ethanediyl), -(2-methyl-1-oxo-2-propenyl)-
-methoxy-, polymer with 2-propenoic acid, 2-methyl- and 2-
propenoic acid, 2-methyl-, methyl ester is manufactured using monomers 
and/or other reactants that are already included on the TSCA Chemical 
Substance Inventory or covered under an applicable TSCA section 5 
exemption.
    vi. Poly(oxy-1,2-ethanediyl), -(2-methyl-1-oxo-2-
propenyl)--methoxy-, polymer with 2-propenoic acid, 2-methyl- 
and 2-propenoic acid, 2-methyl-, methyl ester is not a water absorbing 
polymer with a number average molecular weight greater than or equal to 
10,000.
    vii. The number average molecular weight of poly(oxy-1,2-
ethanediyl), -(2-methyl-1-oxo-2-propenyl)--methoxy-, 
polymer with 2-propenoic acid, 2-methyl- and 2-propenoic acid, 2-
methyl-, methyl ester is 3,700. Substances with molecular weights 
greater than 400 generally are not absorbed through the intact skin, 
and substances with molecular weights greater than 1,000 generally are 
not absorbed through the intact gastrointestinal (GI) tract. Chemicals 
not absorbed through the skin or GI tract generally are incapable of 
eliciting a toxic response.
    viii. Poly(oxy-1,2-ethanediyl), -(2-methyl-1-oxo-2-
propenyl)--methoxy-, polymer with 2-propenoic acid, 2-methyl- 
and 2-propenoic acid, 2-methyl-, methyl ester contains approximately 
0.03% oligomeric material below molecular weight 500 and approximately 
0.22% oligomeric material below 1,000 molecular weight.
    ix. Poly(oxy-1,2-ethanediyl), -(2-methyl-1-oxo-2-
propenyl)--methoxy-, polymer with 2-propenoic acid, 2-methyl- 
and 2-propenoic acid, 2-methyl-, methyl ester does not contain reactive 
functional groups.
    2. Endocrine disruption. There is no evidence that poly(oxy-1,2-
ethanediyl), -(2-methyl-1-oxo-2-propenyl)--methoxy-, 
polymer with 2-propenoic acid, 2-methyl- and 2-propenoic acid, 2-
methyl-, methyl ester is an endocrine disrupter, where as substances 
with molecular weights greater than 400 generally are not absorbed 
through the intact skin, and substances with molecular weights greater 
than 1,000 generally are not absorbed through the intact GI tract. 
Chemicals not absorbed through the skin or GI tract generally are 
incapable of eliciting a toxic response.

C. Aggregate Exposure

    1. Dietary exposure--i. Food. Poly(oxy-1,2-ethanediyl), -
(2-methyl-1-

[[Page 42359]]

oxo-2-propenyl)--methoxy-, polymer with 2-propenoic acid, 2-
methyl- and 2-propenoic acid, 2-methyl-, methyl ester is not absorbed 
through the intact GI tract and is considered incapable of eliciting a 
toxic response.
    ii. Drinking water. Based upon the aqueous insolubility of 
poly(oxy-1,2-ethanediyl), -(2-methyl-1-oxo-2-propenyl)-
-methoxy-, polymer with 2-propenoic acid, 2-methyl- and 2-
propenoic acid, 2-methyl-, methyl ester, there is no reason to expect 
human exposure to residues in drinking water.
    2. Non-dietary exposure. Although there may be exposures to the 
compound through dietary, and/or non-occupational sources, the chemical 
characteristics of this compound are such that there is reasonable 
certainty of no harm from aggregate exposure.

D. Cumulative Effects

    There is no reasonable expectation of any increased risk due to 
cumulative exposure to poly(oxy-1,2-ethanediyl), -(2-methyl-1-
oxo-2-propenyl)--methoxy-, polymer with 2-propenoic acid, 2-
methyl- and 2-propenoic acid, 2-methyl-, methyl ester, since polymers 
with molecular weights greater than 400 generally are not absorbed 
through the intact skin, and substances with molecular weights greater 
than 1,000 generally are not absorbed through the intact GI tract. 
Chemicals not absorbed through the skin or GI tract generally are 
incapable of eliciting a toxic response.

E. Safety Determination

    1. U.S. population. Poly(oxy-1,2-ethanediyl), -(2-methyl-
1-oxo-2-propenyl)--methoxy-, polymer with 2-propenoic acid, 
2-methyl- and 2-propenoic acid, 2-methyl-, methyl ester causes no 
safety concerns because it conforms to the definition of a low risk 
polymer given in 40 CFR 723.250(b) and, as such, is considered 
incapable of eliciting a toxic response. Also, there are no additional 
pathways of exposure (non-occupational, drinking water, etc.) where 
there would be additional risk.
    2. Infants and children. Poly(oxy-1,2-ethanediyl), -(2-
methyl-1-oxo-2-propenyl)--methoxy-, polymer with 2-propenoic 
acid, 2-methyl- and 2-propenoic acid, 2-methyl-, methyl ester causes no 
additional concern to infants and children because it conforms to the 
definition of a low risk polymer given in 40 CFR 723.250(b) and, as 
such, is considered incapable of eliciting a toxic response. Also, 
there are no additional pathways of exposure (non-occupational, 
drinking water, etc.) where infants and children would be at additional 
risk.

F. International Tolerances

    Huntsman is not aware of any country requiring a tolerance for 
poly(oxy-1,2-ethanediyl), -(2-methyl-1-oxo-2-propenyl)-
-methoxy-, polymer with 2-propenoic acid, 2-methyl- and 2-
propenoic acid, 2-methyl-, methyl ester, nor have there been any CODEX 
maximum residue levels established for any food crops at this time.

II. Huntsman Petrochemical Corporation

PP 0E6099

    EPA has received a pesticide petition PP 0E6099 from Huntsman 
Petrochemical Corporation, 3040 Post Oak Blvd., Houston, TX 77056 
proposing, pursuant to section 408(d) of the FFDCA, 21 U.S.C. 346a(d), 
to amend 40 CFR part 180 to establish an exemption from the requirement 
of a tolerance for 2,5-furandione, polymer with (1-
methylethenyl)benzene, sodium salt for use as a surfactant in 
formulations when used in accordance with good agricultural practices 
as an inert ingredient in pesticide formulations applied to growing 
crops or on the RAC after harvest. EPA has determined that the petition 
contains data or information regarding the elements set forth in 
section 408(d)(2) of the FFDCA; however, EPA has not fully evaluated 
the sufficiency of the submitted data at this time or whether the data 
support granting of the petition. Additional data may be needed before 
EPA rules on the petition.

A. Residue Chemistry

    Analytical method. Huntsman is petitioning that 2,5-furandione, 
polymer with (1-methylethenyl)benzene, sodium salt be exempt from the 
requirement of a tolerance based upon the definition of a low risk 
polymer as per 40 CFR 723.250. Therefore, an analytical method to 
determine residues of 2,5-furandione, polymer with (1-
methylethenyl)benzene, sodium salt in RACs has not been proposed.

B. Toxicological Profile

    1. Acute toxicity. In the case of certain chemical substances that 
are defined as ``polymers,'' the Agency has established a set of 
criteria which identifies categories of polymers that present low risk. 
These criteria (described in 40 CFR 723.250) identify polymers that 
typically are not readily absorbed and are relatively unreactive and 
stable compounds in comparison to other chemical substances. These 
properties generally limit a polymer's ability to cause adverse 
effects. In addition, these criteria exclude polymers about which 
little is known. The Agency believes that polymers meeting the criteria 
noted above will present minimal or no risk. 2,5-Furandione, polymer 
with (1-methylethenyl)benzene, sodium salt conforms to the definition 
of a polymer given in 40 CFR 723.250(b) and meets the following 
criteria that are used to identify low risk polymers.
    i. 2,5-Furandione, polymer with (1-methylethenyl)benzene, sodium 
salt is not a cationic polymer, nor is it capable of becoming a 
cationic polymer in the natural aquatic environment.
    ii. 2,5-Furandione, polymer with (1-methylethenyl)benzene, sodium 
salt contains, as an integral part of its composition, the atomic 
elements carbon, hydrogen, oxygen and monovalent sodium.
    iii. 2,5-Furandione, polymer with (1-methylethenyl)benzene, sodium 
salt does not contain as an integral part of its composition, except as 
impurities, any element other than those listed in 40 CFR 723.250 
(d)(2)(iii).
    iv. 2,5-Furandione, polymer with (1-methylethenyl)benzene, sodium 
salt is not designed, nor is it reasonably anticipated to substantially 
degrade, decompose, or depolymerize.
    v. 2,5-Furandione, polymer with (1-methylethenyl)benzene, sodium 
salt is not manufactured from monomers and/or other reactants that are 
not already included on the TSCA Chemical Substance Inventory or 
manufactured under an applicable TSCA section 5 exemption.
    vi. 2,5-Furandione, polymer with (1-methylethenyl)benzene, sodium 
salt is not a water absorbing polymer with a number average molecular 
weight greater than or equal to 10,000.
    vii. The number average molecular weight of 2,5-furandione, polymer 
with (1-methylethenyl)benzene, sodium salt is 15,000. Substances with 
molecular weights greater than 400 generally are not absorbed through 
the intact skin, and substances with molecular weights greater than 
1,000 generally are not absorbed through the intact GI tract. Chemicals 
not absorbed through the skin or GI tract generally are incapable of 
eliciting a toxic response.
    viii. 2,5-Furandione, polymer with (1-methylethenyl)benzene, sodium 
salt contains less than 0.1% oligomeric material below 1,000 molecular 
weight. The amount of oligomeric material less than 500 molecular 
weight is essentially nil.
    ix. 2,5-Furandione, polymer with (1-methylethenyl)benzene, sodium 
salt does not contain reactive functional groups.
    2. Endocrine disruption. There is no evidence that 2,5-furandione, 
polymer

[[Page 42360]]

with (1-methylethenyl)benzene, sodium salt is an endocrine disrupter, 
where as substances with molecular weights greater than 400 generally 
are not absorbed through the intact skin, and substances with molecular 
weights greater than 1,000 generally are not absorbed through the 
intact GI tract. Chemicals not absorbed through the skin or GI tract 
generally are incapable of eliciting a toxic response.

C. Aggregate Exposure

    1. Dietary exposure--i. Food. 2,5-Furandione, polymer with (1-
methylethenyl)benzene, sodium salt is not absorbed through the intact 
GI tract and is considered incapable of eliciting a toxic response.
    ii. Drinking water. Based upon the aqueous insolubility of 2,5-
furandione, polymer with (1-methylethenyl)benzene, sodium salt, there 
is no reason to expect human exposure to residues in drinking water.
    2. Non-dietary exposure. Although there may be exposures to the 
2,5-furandione, polymer with (1-methylethenyl)benzene, sodium salt 
through dietary, and/or non-occupational sources, the chemical 
characteristics of this compound are such that there is reasonable 
certainty of no harm from aggregate exposure.

D. Cumulative Effects

    There is no reasonable expectation of any increased risk due to 
cumulative exposure to 2,5-furandione, polymer with (1-
methylethenyl)benzene, sodium salt since polymers with molecular 
weights greater than 400 generally are not absorbed through the intact 
skin, and substances with molecular weights greater than 1,000 
generally are not absorbed through the intact GI tract. Chemicals not 
absorbed through the skin or GI tract generally are incapable of 
eliciting a toxic response.

E. Safety Determination

    1. U.S. population. 2,5-Furandione, polymer with (1-
methylethenyl)benzene, sodium salt causes no safety concerns because it 
conforms to the definition of a low risk polymer given in 40 CFR 
723.250(b) and, as such, is considered incapable of eliciting a toxic 
response. Also, there are no additional pathways of exposure (non-
occupational, drinking water, etc.) where there would be additional 
risk.
    2. Infants and children. 2,5-Furandione, polymer with (1-
methylethenyl)benzene, sodium salt causes no additional concern to 
infants and children because it conforms to the definition of a low 
risk polymer given in 40 CFR 723.250(b) and, as such, is considered 
incapable of eliciting a toxic response. Also, there are no additional 
pathways of exposure (non-occupational, drinking water, etc.) where 
infants and children would be at additional risk.

F. International Tolerances

    Huntsman is not aware of any country requiring a tolerance for 2,5-
furandione, polymer with (1-methylethenyl)benzene, sodium salt, nor 
have there been any CODEX maximum residue levels established for any 
food crops at this time.
[FR Doc. 00-17357 Filed 7-7-00; 8:45 am]
BILLING CODE 6560-50-F