[Federal Register Volume 68, Number 43 (Wednesday, March 5, 2003)]
[Notices]
[Pages 10458-10464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5032]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0009; FRL-7291-2]


Pyrimethanil; Notice of Filing Pesticide Petitions to Establish a 
Tolerance for a Certain Pesticide Chemical 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 a 
certain pesticide chemical in or on various food commodities.

DATES: Comments, identified by docket ID number OPP-2003-0009, must be 
received on or before April 4, 2003.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Mary L. Waller, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-9354; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

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. 
Potentially affected entities may include, but are not limited to:
    [sbull] Crop production (NAICS 111)
    [sbull] Animal production (NAICS 112)
    [sbull] Food manufacturing (NAICS 311)
    [sbull] Pesticide manufacturing (NAICS 32532)
    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 this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in OPP-2003-0009. If you 
have any 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 Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2003-0009. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The docket telephone number is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B. EPA intends to work towards 
providing electronic access to all of the publicly available docket 
materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public

[[Page 10459]]

docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPP-2003-0009. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID number OPP-2003-0009. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP-20032-0009.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket 
ID Number OPP-2003-0009. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is 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 docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person listed 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 
ID 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 a pesticide petition as follows proposing the 
establishment and/or amendment of regulations for residues of a certain 
pesticide chemical in or on various food commodities under section 408 
of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a. 
EPA has determined that this petition contains data or information 
regarding the elements set forth in FFDCA 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 petition. 
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.


[[Page 10460]]


    Dated: February 20, 2003.
Debra Edwards,
Acting Director, Registration Division, Office of Pesticide Programs.

 Summaries of Petitions

    The petitioner summaries of the pesticide petitions are printed 
below as required by FFDCA section 408(d)(3). The summaries of the 
petitions were prepared by the petitioners and represent the views of 
the petitioners. The petition summary announces 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.

Bayer Corporation

2F6439 and 9E6054

    EPA has received pesticide petitions (2F6439) from Bayer Crop 
Science, 2 T.W. Alexander Drive, Research Triangle Park, NC 27709 
proposing, pursuant to section 408(d) of the FFDCA, 21 U.S.C. 346a(d), 
to amend 40 CFR 180.518 by establishing tolerances for residues of 
pyrimethanil (4,6-dimethyl-N-phenyl-2-pyrimidinamine) in or on the Raw 
Agricultural Commodities (RAC): Tree nut, nutmeat, group at 0.25 parts 
per million (ppm), tree nut, hulls, group at 12 ppm, fruit, pome, group 
at 0.20 ppm, apple, wet pomace at 0.75 ppm, fruit, stone, group at 3.0 
ppm, grape at 3.0 ppm, grape, dry pomace at 20 ppm, grape, wet pomace 
at 7.0 ppm, grape, raisin waste at 50 ppm, grape, raisin at 5.0 ppm, 
vegetable, bulb, group at 2.0 ppm, vegetable, tuberous and corm, 
subgroup at 0.05 ppm, strawberry at 3.0 ppm, tomato at 0.50 ppm, wheat, 
rotational at 0.05 ppm, cattle, meat at 0.1 ppm, cattle, meat 
byproducts at 0.1 ppm, and milk at 0.03 ppm. EPA also received a 
pesticide petition (9E6054) from AgrEvo USA Company, now owned by Bayer 
Crop Science, proposing, pursuant to section 408(d) of the FFDCA, 21 
U.S.C. 346a(d), to amend 40 CFR 180.518 by establishing a tolerance for 
residues of pyrimethanil in or on the RAC: Banana at 0.10 ppm. 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 supports granting of the petition. Additional data 
may be needed before EPA rules on the petition.

A. Residue Chemistry

    1. Plant metabolism. The metabolic profile of pyrimethanil has been 
investigated following application to five different crops (apple, 
carrots, grapes, lettuce and tomatoes) and is well understood. In 
plants, pyrimethanil is the only significant residue ranging from 
essentially all of the Total Radioactive Residues (TRR) in carrots and 
tomatoes to 44% in lettuce. Limited metabolism of pyrimethanil occurs 
with minor amounts (less than 10%) of the phenyl and pyrimidyl 
hydroxylated metabolites (AE C614276, AE C614277, AE C614278, and AE 
C621312) being released after acid hydrolysis. Analysis of the foliage 
from apples and carrots confirmed that the metabolism of pyrimethanil 
in plants proceeded primarily via hydroxylation of the aromatic ring 
structures as well as the methyl groups.
    2. Analytical method. The plant metabolism studies indicated that 
analysis for the parent compound, pyrimethanil was sufficient to enable 
the assessment of the relevant residues in crop commodities. Following 
a dichloromethane surface wash and extraction of the crop matrix and 
sample cleanup, the analytical enforcement method relies on the use of 
NMR, High Performance Liquid Chromotography (HPLC), or Thin Layer 
Chromotography (TLC) for determination of the residue levels and 
metabolite identification. These methods allow detection and 
measurement of residues in or on agricultural commodities at or above 
the proposed tolerance level.
    3. Magnitude of residues. Magnitude of residue trials were 
conducted for pyrimethanil on almonds, apples, apricots, grapes, 
onions, peaches, pears, plums, potatoes, strawberries, and tomatoes. 
Trials were conducted in the various required regions across the United 
States. Samples were collected at harvest according to good 
agricultural practices. The preharvest interval (PHI) ranged from 1-day 
to 72 days depending on the crop. Samples harvested at maturity were 
analyzed with a method having a level of quantitation (LOQ) of 0.05 ppm 
pyrimethanil. Residues in the RAC samples (range, maximum and average) 
are given below.
    i. Tree nuts (almonds, pistachios, beechnuts, chestnuts, and 
chinquapins). Six trials were conducted on almonds during 2001. An end 
use formulation containing 400 g/l or 3.34 lbs active ingredient/gallon 
of pyrimethanil was applied three times as a broadcast application at a 
maximum rate of 0.70 lbs active ingredient/acre. Applications were made 
approximately every 7 days. In almond hull RAC samples collected, the 
maximum residues were 10.2 ppm for pyrimethanil at a 30 +/- 1-day 
preharvest interval. In almond nutmeat RAC samples collected, the 
maximum residues were 0.135 ppm for pyrimethanil at a 30 +/- 1-day 
preharvest interval. According to Agency standard operating procedure 
2000.1, residue trials on almonds will support the use of this product 
on pistachios, beechnuts, chestnuts and chinquapins.
    ii. Bulb vegetables (onions, green onions, dry bulb onions, welsh 
onions, garlic, great-headed garlic, leeks, and shallots). Dry bulb and 
green onions were treated with pyrimethanil, a 400 g/l or 3.34 lbs 
active ingredient/gallon end use product. Nine trials were established 
for the study, three in California, two in Texas and one each in, New 
York, Michigan, Colorado, and Oregon. Each trial was conducted under 
typical cropping practices for its location. Pyrimethanil was applied 
to onion plants three times prior to harvest. Applications were made at 
a nominal rate of 0.71 lb active ingredient/acre, with 7 days between 
applications, the last application being made 7 days prior to harvest. 
A control (non-treated) plot was included in each trial. Mean 
pyrimethanil residue levels found in or on the non-decline trial 
samples ranged from 0.10 ppm to 9th percentile. 
The most highly exposed sub population of children (1-6) utilizes 7.9% 
of the RfD, while the U.S. population utilizes 3.4%. These potential 
dietary exposures were estimated in a Tier 3 Monte Carlo risk 
assessment using the DEEMTM software, Version 7.76 (Novigen 
Sciences, Inc.). The 1994-96, 1998 Continuing Survey of Food Intake by 
Individuals (CSFII) consumption data from Department of Agriculture 
(USDA) was used which includes the Supplemental Children's Survey 
(1998). Residue values included in the assessment were distributions of 
the field trail values incorporating percent crop treated (PCT) as 
zeroes for all non-blended and partially blended items. Blended items 
were included as the average residue and adjusted for PCT. These PCT 
values are the anticipated market share of pyrimethanil for the crops 
at market maturity (5 years). Concentration factors derived from 
processing studies were included where appropriate. Secondary residues 
for meat and milk were included in the assessment. These were 
calculated using theoretical dietary burdens from sensible diets for 
beef and dairy cattle and tissue to feed ratios from the ruminant 
feeding study.
    Refined chronic dietary exposure estimates resulting from the 
proposed uses of pyrimethanil are well within acceptable limits for all 
population subgroups examined. The most highly exposed group of 
children (1-6) utilized 0.3% of the RfD with the .U.S

[[Page 10464]]

population utilizing 0.1% of the RfD. A Tier 3 chronic analysis was 
done using the DEEMTM software, Version 7.76 (Novigen 
Sciences, Inc.). The 1994-96, 1998 CSFII consumption data from USDA 
were used. Average anticipated residue values were calculated from the 
appropriate field trial studies conducted for pyrimethanil. The average 
residue values were adjusted by the projected PCT at product maturity. 
Concentration factors derived from processing studies were included 
where appropriate. Secondary residues were calculated using theoretical 
dietary burdens derived from sensible diets for beef and dairy cattle 
and tissue to feed ratios from the ruminant feeding study.
    ii. Drinking water. U.S. EPA's Standard Operating Procedure (SOP) 
for Drinking Water Exposure and Risk Assessments was followed to 
perform the Tier 1 drinking water assessment. This SOP uses a variety 
of tools to conduct drinking water assessments, including water models 
such as Screening Concentration in Ground Water (SCI-GROW), FIRST, 
Pesticide Root Zone Model (PRZMS)/EXAMS, and monitoring data. If 
monitoring data are not available then the models are used to predict 
potential residues in surface and ground water and the highest levels 
(whether ground or surface) are assumed to be the drinking water 
residue. In the case of pyrimethanil, monitoring data are not 
available. SCI-GROW and FIRST were used to estimate a drinking water 
residue. Calculation of the Drinking Water Estimate Concentration 
(DWEC) for surface water for the worst case pyrimethanil use scenario 
results in an acute DWEC of 122 parts per billion (ppb) and a chronic 
DWEC of 37 ppb. DWLOCs calculated based on the acute and chronic risk 
assessments described above are many fold higher than these 
conservative DWECs. The adult acute and chronic DWLOCs are 10,146 ppb 
and 5,944 ppb respectively. Children's acute and chronic DWLOCs are 
2,762 ppb and 1,695 ppb respectively.
    2. Non-dietary exposure. Pyrimethanil products are not labeled for 
residential uses (food or non-food), thereby eliminating the potential 
for residential exposure or non-occupational exposure.

D. Cumulative Effects

    Section 408(b)(2)(D)(v) requires that, when considering whether to 
establish, modify, or revoke a tolerance, the Agency consider 
``available information'' concerning the cumulative effects of a 
particular pesticide's residues and ``other substances that have a 
common mechanism of toxicity.'' There are no available data to 
determine whether pyrimethanil has a common mechanism of toxicity with 
other substances or how to include this pesticide in a cumulative risk 
assessment. Unlike other pesticides for which EPA has followed a 
cumulative risk approach based on a common mechanism of toxicity, 
pyrimethanil does not appear to form a toxic metabolite produced by 
other substances. For the purposes of the tolerance petition and this 
reduced risk rationale, therefore, it has been assumed that 
pyrimethanil does not have a common mechanism of toxicity with other 
substances.

E. Safety Determination

    1. U.S. population. Using the assumptions and data described above, 
based on the completeness and reliability of the toxicity data, it is 
concluded that dietary risk from the proposed uses of pyrimethanil are 
acceptable for all populations examined. Chronic exposure for the U.S. 
population utilizes 0.1% (0.00015 mg/kg bwt/day) of the cRfD. Acute 
exposure for the U.S. population utilizes 3.4% (0.01012 mg/kg bwt/day) 
of the aRfD. The most highly exposed population of children 1-6 
utilizes only 0.3% of the cRfD and 7.9% of the aRfD. The actual 
exposures are likely to be much less as more realistic data and models 
are developed. EPA generally has no concern for exposures below 100% of 
the RfD (acute or chronic), because the RfD represents the level at or 
below which exposure will not pose appreciable risk to human health. 
DWLOC for adults both acute (10,146 ppb) and chronic (5,944 ppb) are 
several orders of magnitude above the conservative DWEC for acute (122 
ppb) and chronic (37 ppb) worst case scenarios. Therefore, there is a 
reasonable certainty that no harm will occur to the U.S. population 
from aggregate exposure (food and drinking water) to residues of 
pyrimethanil.
    2. Infants and children. The relevant toxicity studies as discussed 
in the toxicology section above show no extra sensitivity of infants 
and children to pyrimethanil, therefore, the FQPA safety factor can be 
removed. Using the assumptions and data described in the exposure 
section above, it is concluded that dietary risk from the proposed uses 
of pyrimethanil are acceptable for all infant and children sub-
populations examined. The most highly exposed sub-population was 
children 1-6 for both the chronic and acute analyses. The sub-
population children 1-6 utilizes 0.3% (0.00047 mg/kg bwt/day) of the 
cRfD and 7.9% (0.02377 mg/kg bwt/day) of the aRfD. All other infant and 
children populations have less exposure. The chronic and acute drinking 
water levels of concern for children (1,695 ppb and 2,762 ppb 
respectively) are well above the conservative DWEC for chronic and 
acute scenarios. The chronic DWEC is 37 ppb and the acute DWEC is 122 
ppb. Therefore, there is a reasonable certainty that no harm will occur 
to infants and children from aggregate exposure to residues of 
pyrimethanil.

F. International Tolerances

    Maximum residue limits for pyrimethanil have not been established 
by the Codex Alimentarius Commission.

[FR Doc. 03-5032 Filed 3-4-03; 8:45 am]
BILLING CODE 6560-50-S