[Federal Register Volume 78, Number 139 (Friday, July 19, 2013)]
[Proposed Rules]
[Pages 43115-43118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17378]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2013-0023; FRL-9392-9]
Receipt of Several Pesticide Petitions Filed for Residues of
Pesticide Chemicals in or on Various Commodities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of filing of petitions and request for comment.
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SUMMARY: This document announces the Agency's receipt of several
initial filings of pesticide petitions requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.
DATES: Comments must be received on or before August 19, 2013.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest as shown
in the body of this document, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: A contact person, with telephone
number and email address, is listed at the end of each pesticide
petition summary. You may also reach each contact person by mail at
Biopesticides and Pollution Prevention Division (BPPD) (7511P) or
Registration Division (RD) (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001.
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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
[emsp14]Crop production (NAICS code 111).
[emsp14]Animal production (NAICS code 112).
[emsp14]Food manufacturing (NAICS code 311).
[emsp14]Pesticide manufacturing (NAICS code 32532).
If you have any questions regarding the applicability of this
action to a
[[Page 43116]]
particular entity, consult the person listed at the end of the
pesticide petition summary of interest.
B. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, 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 claimed as CBI. In addition to one
complete version of the comment that includes 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.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.
II. What action is the Agency taking?
EPA is announcing its receipt of several pesticide petitions filed
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, requesting the establishment or modification of
regulations in 40 CFR part 180 for residues of pesticide chemicals in
or on various food commodities. The Agency is taking public comment on
the requests before responding to the petitioners. EPA is not proposing
any particular action at this time. EPA has determined that the
pesticide petitions described in this document contain the data or
information prescribed 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 pesticide petitions. After
considering the public comments, EPA intends to evaluate whether and
what action may be warranted. Additional data may be needed before EPA
can make a final determination on these pesticide petitions.
Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this document, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available online at http://www.regulations.gov.
As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.
New Tolerance
1. PP 2E8083. (EPA-HQ-OPP-2012-0791). Interregional Research
Project Number 4 (IR-4), IR-4 Project Headquarters, 500 College Rd.
East, Suite 201 W., Princeton, NJ 08540, requests to establish
tolerances in 40 CFR part 180 for residues of the herbicide linuron,
(3-(3,4-dichlorophenyl)-1-methoxy-1-methylurea), and its metabolites
convertible to 3,4-dichloroaniline, calculated as linuron, in or on
cilantro, dried leaves at 27 parts per million (ppm); cilantro, fresh
leaves at 3.0 ppm; coriander, seed at 0.01; dill, oil at 4.8 ppm; dill,
seed at 0.3 ppm; dillweed, dried leaves at 7.1 ppm; dillweed, fresh
leaves at 1.5 ppm; horseradish at 0.05 ppm; parsley, dry leaves at 8.3
ppm; parsley, leaves at 3.0 ppm; and pea, dry, seed at 0.08 ppm.
Adequate enforcement methods are available for the determination of
linuron in plant and animal commodities. A gas chromatography/mass
spectroscopy (GC/MS) detection method involves hydrolysis of linuron
and all metabolites by alkaline reflux to 3,4-dichloroaniline, followed
by distillation of the 3,4-dichloroaniline into an acid solution. A
second method involves extraction of linuron and metabolites using
methanol and clean-up of the extract by using an ENVI-Carb solid phase
extraction (SPE) column, elution of linuron and its metabolites using
methanol followed by methanol-toluene, and concentration of the eluate.
The eluate is dissolved in methanol, filtered, and analyzed for linuron
and its metabolites using reversed phase high pressure liquid
chromatography (HPLC) with MS/MS detection. Contact: Laura Nollen,
(RD), (703) 305-7390, email address: [email protected].
2. PP 3E8170. (EPA-HQ-OPP-2013-0235). Interregional Research
Project Number 4 (IR-4), IR-4 Project Headquarters, 500 College Rd.
East, Suite 201 W., Princeton, NJ 08540, requests to establish
tolerances in 40 CFR part 180 for residues of the insecticide
chlorantraniliprole, 3-bromo-N-[4-chloro-2-methyl-6-[(methylamino)-
carbonyl]phenyl]-1-(3-chloro-2-pyridinyl)-1H-pyrazole-5-carboxamide, in
or on fruit, stone, group12, except cherry, chickasaw plum, and damson
plum at 4.0 ppm; nut, tree, group 14-12 at 0.04 ppm; papaya at 4.0 ppm;
passionfruit at 4.0 ppm; onion, green, subgroup 3-07B at 3.0 ppm; and
spice, subgroup19B at 40 ppm. Since chlorantraniliprole and its
metabolic degradates are not of toxicological concern, analytical
methods are not applicable. Contact: Laura Nollen, (RD), (703) 305-
7390, email address: [email protected].
3. PP 2F8131. (EPA-HQ-OPP-2013-0035). E.I. du Pont de Nemours and
Co., 1007 Market St., Wilmington, DE 19898, requests to establish
tolerances in 40 CFR part 180 for residues of the herbicide
rimsulfuron, in or on sorghum, forage; sorghum, grain; and sorghum,
stover at 0.01 ppm. The analytical method DuPont-32277 using reversed-
phase high-performance liquid chromatography with electrospray
ionization and tandem mass
[[Page 43117]]
spectroscopy (HPLC/ESI-MS/MS) detection is used to measure and evaluate
the chemical rimsulfuron. Contact: Mindy Ondish, (RD), (703) 605-0723,
email address: [email protected].
4. PP 2F8132. (EPA-HQ-OPP-2013-0034). E.I. du Pont de Nemours and
Co., 1007 Market St., Wilmington, DE 19898, requests to establish
tolerances in 40 CFR part 180 for residues of the herbicide
nicosulfuron, in or on sorghum, forage at 0.4 ppm; sorghum, grain at
0.8 ppm; and sorghum, stover at 0.05 ppm. The analytical method DuPont-
32277 using reversed-phase HPLC/ESI-MS/MS detection is used to measure
and evaluate the chemical nicosulfuron and its metabolite, IN-V9367.
Contact: Mindy Ondish, (RD), (703) 605-0723, email address:
[email protected].
5. PP 3F8179. (EPA-HQ-OPP-2013-0476). Dow AgroSciences, LLC, 9330
Zionsville Rd., Indianapolis, IN 46268, requests to establish a
tolerance in 40 CFR part 180 for residues of the insecticide
methoxyfenozide, including its metabolites and degradates. Compliance
with the tolerance levels is to be determined by measuring only the
active ingredient: Methoxyfenozide, (3-methoxy-2-methylbenzoic acid 2-
(3,5-dimethylbenzoyl) -2-(1,1-dimethylethyl) hydrazide), in or on
pineapple at 0.7 ppm. The proposed tolerance is supported by magnitude
of residue studies in pineapple. Liquid chromatography-mass
spectroscopy (LC-MS/MS) detection methodology is available for
tolerance enforcement. Contact: Olga Odiott, (RD), (703) 308-9369,
email address: [email protected].
Amended Tolerance
1. PP 2E8083. (EPA-HQ-OPP-2012-0791). Interregional Research
Project Number 4 (IR-4), IR-4 Project Headquarters, 500 College Rd.
East, Suite 201 W., Princeton, NJ 08540, requests to amend the
tolerance in 40 CFR 180.184(c) by deleting the regional tolerance for
residues of the herbicide linuron, (3-(3,4-dichlorophenyl)-1-methoxy-1-
methylurea) and its metabolites convertible to 3,4-dichloroaniline,
calculated as linuron, in or on parsley, leaves at 0.25 ppm. Contact:
Laura Nollen, (RD), (703) 305-7390, email address:
[email protected].
2. PP 3F8152. (EPA-HQ-OPP-2013-0411). Bayer CropScience, 2 TW
Alexander Dr., Research Triangle Park, NC 27709, requests to amend the
tolerance in 40 CFR 180.608 for residues of the insecticide
spirodiclofen, 3-(2,4-dichlorophenyl)-2-oxo-1-oxaspiro[4,5]dec-3-en-4-
yl ester 2,2-dimethylbutanoate, in or on citrus, oil from 20 ppm to 35
ppm. Adequate analytical methodology using LC/MS/MS detection is
available for enforcement purposes. Contact: Rita Kumar, (RD), (703)
308-8291, email address: [email protected].
3. PP 3F8161. (EPA-HQ-OPP-2013-0477). BASF Corporation, 26 Davis
Dr., P.O. Box 13528, Research Triangle Park, NC 27709-3528, requests to
amend the tolerance in 40 CFR 180.666 for residues of the insecticide
fluxapyroxad (BAS 700 F), 1H-pyrazole-4-carboxamide,3-(difluoromethyl)-
1-methyl-N-(3',4',5'-trifluoro[1,1'-biphenyl]-2-yl)-, its metabolites,
and degradates, in or on fruit, stone, group 12 from 2.0 ppm to 3.0
ppm. Independently validated analytical methods have been submitted for
analyzing residues of parent fluxapyroxad (BAS 700 F) plus metabolites
M700F008, M700F048, and M700F002 with appropriate sensitivity in/on
fruit, stone, group 12 crops, represented by cherry, peach, and plum
for which tolerances have been established. Contact: Olga Odiott, (RD),
(703) 308-9369, email address: [email protected].
New Tolerance Exemption
1. PP 2E8094. (EPA-HQ-OPP-2013-0265). The Clorox Company (Clorox),
1221 Broadway, Oakland, CA 94612-1888, requests to establish an
exemption from the requirement of tolerance for residues of saturated
aliphatic acyclic linear primary alcohols, aldehydes, and acids, under
40 CFR 180.940, when used as pesticide inert ingredients (fragrances)
in pesticide formulations used on food-contact surfaces when applied/
used in indoor residential settings at a maximum rate of 0.025%.
Because Clorox is petitioning for an exemption from the requirement of
a tolerance, an enforcement analytical method is not needed. Contact:
David Lieu, (RD), (703) 305-0079, email address: [email protected].
2. PP 2E8116. (EPA-HQ-OPP-2013-0286). OhSo Clean, Inc., 315 Pacific
Ave., San Francisco, CA 94111, requests to establish an exemption from
the requirement of a tolerance for residues of copper sulfate
pentahydrate (Chemical Abstracts Service Registry Number (CAS No.)
7758-99-8), under 40 CFR 180.940(a), when used as a pesticide inert
ingredient in antimicrobial pesticide formulations applied to food-
contact surfaces in public eating places, dairy processing equipment,
and food processing equipment and utensils. An analytical method is not
required for enforcement purposes since the Agency is establishing an
exemption from the requirement of a tolerance without any numerical
limitation. Contact: David Lieu, (RD), (703) 305-0079, email address:
[email protected].
3. PP 2F7998. (EPA-HQ-OPP-2013-0102). Linde Electronics and
Specialty Gases, One Greenwich St., Suite 100, Stewartsville, NJ 08886,
requests to establish an exemption from the requirement of a tolerance
for residues of the insecticide ethyl formate in or on fumigated
agricultural commodities. The GC analytical method is available to EPA
for the detection and measurement of the pesticide residues. Contact:
Cheryl Greene, (BPPD), (703) 308-0352, email address:
[email protected].
4. PP 3F8149. (EPA-HQ-OPP-2013-0253). Bayer CropScience LP,
Biologics, P.O. Box 12014, 2 T.W. Alexander Dr., Research Triangle
Park, NC 27709, requests to establish an exemption from the requirement
of a tolerance for residues of the insecticide Streptomyces
microflavus, strain AQ 6121, in or on all agricultural commodities. The
petitioner believes no analytical method is needed because it is
expected that, when used as proposed, Streptomyces microflavus, strain
AQ 6121, would not result in residues of toxicological concern.
Contact: Michael Glikes, (BPPD), (703) 305-6231, email address:
[email protected].
5. PP IN-10547. (EPA-HQ-OPP-2013-0444). Oro-Agri, Inc., 990 Trophy
Club Dr., Trophy Club, TX 76262, requests to establish an exemption
from the requirement of a tolerance for residues of sweet orange peel
tincture (CAS No. 8028-48-6) under 40 CFR 180.910 for pre- and post-
harvest crops when used as a pesticide inert ingredient (surfactant and
fragrance) when contained at concentrations up to 10% in pesticide
formulations and applied to agricultural crops, pre-plant through post-
harvest. The petitioner believes no analytical method is needed because
this information is not required for the establishment of a tolerance
exemption. Contact: Lisa Austin, (RD), (703) 305-7894, email address:
[email protected].
6. PP IN-10553. (EPA-HQ-OPP-2013-0284). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419[hyphen]8300, requests to
establish an exemption from the requirement of a tolerance for residues
of polyurethane[hyphen]type polymers (CAS Nos.
1161844[hyphen]26[hyphen]3, 1161844[hyphen]30[hyphen]9,
1161844[hyphen]43[hyphen]4, 1161844[hyphen]51[hyphen]4,
1161844[hyphen]53[hyphen]6, 693252[hyphen]31[hyphen]2,
162993[hyphen]60[hyphen]4, and 630102[hyphen]86[hyphen]2), under 40 CFR
180.960, when used as a pesticide inert ingredient (carrier) in or on
raw agricultural commodities and
[[Page 43118]]
food products. Tolerance exemption descriptors for polymers produced by
the reaction of either 1,6[hyphen]hexane-diisocyanate;
2,4,4[hyphen]trimethyl[hyphen]1,6[hyphen] hexanediisocyanate;
5[hyphen]isocyanato[hyphen]1[hyphen]
(isocyanatomethyl)[hyphen]1,3,3[hyphen]trimethyIcyclohexane
(isophoronediisocyanate); 4,4'[hyphen] methylene[hyphen]bis[hyphen]1,
1'[hyphen]cyclohexanediisocyanate;
4,4'[hyphen]methylene[hyphen]bis[hyphen]1,1'benzyldiisocyanate; or
1,3[hyphen]bis[hyphen](2[hyphen]isocyanatopropan[hyphen]2[hyphen]yl)benz
ene with polyethylenglycol and end[hyphen]capped with one or a mixture
of more than one of octanol, decanol, dodecanol, tetradecanol,
hexadecanol, octadecanol, and octadec[hyphen]9[hyphen]enol or
polyethyleneglycol ethers of octanol, decanol, dodecanol, tetradecanol,
hexadecanol, octadecanol, and octadec[hyphen]9[hyphen]enol. An
analytical method to determine the molecular weight of the polymer is
dynamic light scattering. The petitioner believes no analytical method
is needed because this information is not required for the
establishment of a tolerance exemption. Contact: William D. Cutchin,
(RD), (703) 305-7990, email address: [email protected].
7. PP IN-10559. (EPA-HQ-OPP-2013-0383). Evonik Goldschmidt Corp.,
P.O. Box 1299, Hopewell, VA 23860, requests to establish an exemption
from the requirement of a tolerance for residues of 2,5-furandione,
polymer with ethenylbenzene, hydrolyzed, 3-(dimethylamino)propyl imide,
imide with polyethylene-polypropylene glycol 2-aminopropyl Me ether,
2,2'-(1, 2-diazenediyl)bis[2-methylbutanenitrile]- initiated, minimum
number average molecular weight (in AMU) 5,816 (CAS No. 1062609-13-5),
under 40 CFR 180.960, when used as a pesticide inert ingredient
(functioning as a dispersant) in pesticide formulations. The petitioner
believes no analytical method is needed because this information is not
required for the establishment of a tolerance exemption. Contact: David
Lieu, (RD), (703) 305-0079, email address: [email protected].
8. PP IN-10565. (EPA-HQ-OPP-2013-0467). Huntsman Corp., 8600
Gosling Rd., The Woodlands, TX 77381, requests to establish an
exemption from the requirement of a tolerance for residues of
cumenesulfonic acid and its ammonium, calcium, magnesium, potassium,
sodium, and zinc salts with no limits when used as pesticide inert
ingredients (surfactants, related adjuvants of surfactants) in
pesticide formulations under 40 CFR 180.920 and 180.930, in or on all
the raw agricultural commodities, including the following with Chemical
Abstracts Service Registry Numbers (CASRNs): Benzenesulfonic acid, 4-
(1-methylethyl)-, sodium salt (15763-76-5); benzenesulfonic acid, 4-(1-
methylethyl)- (16066-35-6); benzenesulfonic acid, 4-(1-methylethyl)-,
potassium salt (164524-02-1); benzenesulfonic acid, (1-methylethyl)-,
potassium salt (28085-69-0); benzenesulfonic acid, (1-methylethyl)-,
sodium salt (1:1) (28348-53-0); benzenesulfonic acid, 2(or 4)-(1-
methylethyl)- (28631-63-2); benzene, (1-methylethyl)-, monosulfo
deriv., sodium salt (1:1) (32073-22-6); benzenesulfonic acid, (1-
methylethyl)-, ammonium salt (1:1) (37475-88-0); benzenesulfonic acid,
(1-methylethyl)- (37953-05-2); benzenesulfonic acid, (1-methylethyl)-,
magnesium salt (90959-88-9). Prior to the submission of this petition
to add cumenesulfonate CASRNs, the EPA reapproved toluenesulfonate and
xylenesulfonate hydrotropes in the EPA Decision Documents dated 9/14/
2006 and 6/30/2006. The combined documents are available at http://www.epa.gov/opprd001/inerts/xylenesulfonic.pdf. Huntsman Corp. is
relying on the information in that combined EPA Decision Document to
support this petition which includes a chemistry that was also in the
Screening Information Data Set (SIDS) Initial Assessment Report for
hdrotropes. The SIDS hydrotropes category included cumenesulfonates,
toluenesulfonates, and xylenesulfonates. In fact, cumenesulfonate data
was used to support the reassessment of the toluenesulfonates and
xylenesulfonates in the EPA Decision Document. Huntsman Corp. does not
expect the addition of these cumenesulfonate CASRNs to result in
additional exposure or risk, and no new data is being submitted with
this petition. The petitioner believes no analytical method is needed
because this information is not required for the establishment of a
tolerance exemption. Contact: William D. Cutchin, (RD), (703) 305-7990,
email address: [email protected].
Amended Tolerance Exemption
1. PP IN-10544. (EPA-HQ-OPP-2013-0210). Akzo Nobel Surface
Chemistry, LLC, 525 West Van Buren, Chicago, IL 60607-3823, requests to
amend an exemption from the requirement of a tolerance under 40 CFR
180.920, 180.930, or 180.960, for residues of [alpha]-alkyl-[omega]-
hydroxypoly (oxypropylene) and/or poly(oxyethylene) polymers where the
alkyl chain contains a minimum of six carbons, and alkyl-w-hydroxypoly
(oxypropylene) and/or poly (oxyethylene) polymers where the alkyl chain
contains a minimum of six carbons, minimum number average molecular
weight (in AMU) 1,100 in or on the raw agricultural commodity growing
crops at no limitation. An analytical method is not required for
enforcement purposes since the Agency is establishing an exemption from
the requirement of a tolerance without any numerical limitation.
Contact: William D. Cutchin, (RD), (703) 305-7990, email address:
[email protected].
2. PP IN-10551. (EPA-HQ-OPP-2013-0381). Akzo Nobel Surface
Chemistry, LLC, 909 Mueller Dr., Chattanooga, TN 37406, requests to
revise an existing exemption from the requirement of a tolerance for
modified acrylic polymers in 40 CFR 180.960. Akzo Nobel Surface
Chemistry, LLC, is requesting that the exemption be revised to include
lauryl methacrylate by inserting lauryl methacrylate after hydroxyethyl
acrylate and before the following text ``and its sodium, potassium,
ammonium, monoethanolamine and triethanolamine salts; the resulting
polymer having a minimum number average molecular weight (in amu),
1200.'' This entry begins with the following: Styrene, copolymers with
acrylic acid. The petitioner believes no analytical method is needed
because this information is not required for the establishment of a
tolerance exemption. Contact: Mark Dow, (RD), (703) 305-5533, email
address: [email protected].
List of Subjects
Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.
Dated: July 11, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2013-17378 Filed 7-18-13; 8:45 am]
BILLING CODE 6560-50-P