[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Proposed Rules]
[Pages 63731-63734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26779]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2015-0032; FRL-9935-29]
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 November 20, 2015.
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: Susan Lewis, Registration Division
(RD) (7505P), main telephone number: (703) 305-7090; email address:
[email protected]. The mailing address for each contact person is:
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001. As part of the
mailing address, include the contact person's name, division, and mail
code. The division to contact is listed at the end of each pesticide
petition summary.
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:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT for the division 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
[[Page 63732]]
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 preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
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), 21 U.S.C.
346a(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 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 Tolerances
1. PP 4E8300. (EPA-HQ-OPP-2015-0685). Tea Association of the
U.S.A., Inc., 362 5th Avenue, Suite 801, New York, New York 10001,
requests to establish a tolerance in 40 CFR part 180 for residues of
the fungicide propiconazole in or on tea at 4 parts per million (ppm).
The HPLC/UV Method AG-671A is used to measure and evaluate the chemical
propiconazole. Contact: RD.
2. PP 4E8319. (EPA-HQ-OPP-2014-0822). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W.,
Princeton, NJ 08540, requests to establish tolerances for residues of
azoxystrobin (methyl (E)-2-{2-[6-(2-cyanophenoxy)pyrimidin-4-
yloxy]phenyl{time} -3-methoxyacrylate) and the Z isomer of
azoxystrobin, (methyl (Z)-2-{2-[6-(2- cyanophenoxy)pyrimidin-4-
yloxy]pheny1{time} -3-methoxyacrylate) in or on the raw agricultural
commodities Ti palm, leaves at 50 part per million (ppm); Ti palm,
roots at 0.5 ppm; Fruit, stone, group 12-12 at 2.0 ppm; Nut, tree,
group 14-12 at 0.02 ppm; and Quinoa, grain at 3.0 ppm. An adequate
analytical method, gas chromatography with nitrogen-phosphorus
detection (GC-NPD) or in mobile phase by high performance liquid
chromatography with ultra-violet detection (HPLC-UV), is available for
enforcement purposes with a limit of detection that allows monitoring
of food with residues at or above the levels set in these tolerances.
Contact: RD.
3. PP 4E8321 (EPA-HQ-OPP-2014-0788). IR-4 Project Headquarters,
Rutgers, The State University of New Jersey, 500 College Road East,
Suite 201 W., Princeton, NJ 08540, requests to establish tolerances in
40 CFR 180.434 for residues of the fungicide, propiconazole, 1-[[2-
(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl] methyl]-1H11,2,4-
triazole and its metabolites determined as 2,4-dichlorobenzoic acid
(2,41DCBA), expressed as the stoichiometric equivalent of
propiconazole, in or on the raw agricultural commodities: Dill, fresh
at 30 ppm; dill, dried at 80 ppm; dill, seed at 15 ppm; leafy Brassica
greens, subgroup 5B at 20 ppm; quinoa, grain, at 3.0 ppm; radish, tops
at 0.2 ppm; radish, roots at 0.04 ppm; Ti palm, leaves at 10 ppm; Ti
palm, roots at 0.3 ppm, watercress at 6 ppm, fruit, stone, group 12-12,
except plum at 4 ppm and nut, tree, group 14-12 at 0.1 ppm. Analytical
methods AG-626 and AG-454A were developed for the determination of
residues of propiconazole and its metabolites containing the DCBA
moiety. Analytical method AG-626 has been accepted and published by EPA
as the tolerance enforcement method for crops. The limit of
quantitation (LOQ) for the method is 0.05 ppm. Contact: RD.
4. PP 4E8337. (EPA-HQ-OPP-2015-0030). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W.,
Princeton, NJ 08540, requests to establish a tolerance in 40 CFR part
180 for residues of carfentrazone-ethyl (ethyl-alpha-2-dichloro-5-[4-
(difluoromethyl)-4,5-dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]-4-
fluorobenzene-propanoate) and the metabolite carfentrazone-ethyl
chloropropionic acid ([alpha], 2-dichloro-5-[4-(difluoromethyl)-4,5-
dihydro-3-methyl-5-oxo-1H-1,2,4-triazol-1-yl]-4-fluorobenzenepropanoic
acid)] in or on the raw agricultural commodity quinoa, grain at 0.10
ppm and psyllium, seed at 0.10 ppm. There is a practical analytical
method for detecting and measuring levels of carfentrazone-ethyl and
its metabolite in or on food with a limit of quantitation that allows
monitoring of food with residues at or above the levels set or proposed
in the tolerances. Contact: RD.
5. PP 5E8382. (EPA-HQ-OPP-2015-0559). Interregional Research
Project Number 4 (IR-4), requests to establish a tolerance in 40 CFR
part 180 for residues of the fungicide penflufen, (1H-Pyrazole-4-
carboxamide, N-[2-(1,3-dimethylbutyl)phenyl]-5-fluoro-1,3-dimethyl-) in
or on Onion, bulb, subgroup 3-07A at 0.01 parts per million (ppm); and
Onion, green, subgroup 3-07B at 0.015 ppm. The high performance liquid
chromatography-electrospray ionization/tandem mass spectrometry (LC/MS/
MS) is used to measure and evaluate the chemical penflufen. Contact:
RD.
6. PP 5E8384. (EPA-HQ-OPP-2015-0569). Interregional Research
Project
[[Page 63733]]
Number 4 (IR-4), 500 College Road East, Suite 201 W., Princeton, NJ
08540, requests to establish a tolerance in 40 CFR part 180 for
residues of fluensulfone equivalents (i.e., the sum of thiazole
sulfonic acid (TSA) and butene sulfonic acid (BSA) expressed as total
fluensulfone equivalents) in or on the raw agricultural commodity
Vegetable, tuberous and corm, subgroup 1C at 0.6 ppm. Adequate
analytical methods for determining fluensulfone in/on appropriate raw
agricultural commodities and processed commodities have been developed
and validated, including LC-MS/MS methods. The analytical procedures
have been successfully validated in terms of specificity, linearity,
precision, accuracy and LOQ. Contact: RD.
7. PP 5E8395. (EPA-HQ-OPP-2015-0629). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201 W.,
Princeton, NJ 08540, requests to establish a tolerance in 40 CFR part
180 for residues of fomesafen, 5-[2-cloro-4-(trifluoromethyl)phenoxy]-
N-(methylsulfonyl)-2-nitrobenzamide in or on the raw agricultural
commodities Vegetable, tuberous and corm, subgroup 1C at 0.025 parts
per million (ppm), Berry, low growing subgroup 13-07G, except cranberry
at 0.02 ppm, and Vegetable, legume group 6 at 0.05 ppm. An analytical
method using chemical derivatization followed by gas chromatography
with Nitrogen-Phosphorus detection (NPD) has been developed and
validated for residues of fomesafen in snap/dry beans, cotton seed and
cotton gin byproducts, as well as for other crops. Contact: RD.
8. PP 5F8358. (EPA-HQ-OPP-2015-0646). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419-8300, requests to establish a
tolerance in 40 CFR part 180 for residues of the fungicide cyprodinil,
4-cyclopropyl-6-methyl-N-phenyl-2-pyrimidinamine, in or on vegetable,
tuberous and corm, subgroup 1C at 0.01 parts per million (ppm) and
potato, wet peel at 0.03 ppm. The High Performance Liquid
Chromatography (HPLC) with Column Switching (Method AG-631B), and High
Performance Liquid with Mass Spectrometry (HPLC/MS) methods were used
to measure and evaluate the chemical cyprodinil and its metabolite CGA-
304075. Contact: RD.
Amended Tolerances
1. PP 4E8319. (EPA-HQ-OPP-2014-0822). Interregional Research
Project Number 4 (IR-4), IR-4 Project, 500 College Road East, Suite
201W., Princeton, NJ 08540, requests to amend the tolerances in 40 CFR
180.507 for residues of azoxystrobin: (methyl (E)-2-{2-[6-(2-
cyanophenoxy)pyrimidin-4-yloxy]phenyl{time} - 3-methoxyacrylate) and
the Z isomer of azoxystrobin, (methyl (Z)-2-{2-[6-(2-
cyanophenoxy)pyrimidin-4-yloxy]pheny1{time} -3-methoxyacrylate) by
removing the tolerances in or on the raw agricultural commodities
Fruit, stone, group 12 at 1.5 ppm; and Nut, tree, group 14 at 0.02 ppm.
An adequate analytical method, gas chromatography with nitrogen-
phosphorus detection (GC-NPD) or in mobile phase by high performance
liquid chromatography with ultra-violet detection (HPLC-UV), is
available for enforcement purposes with a limit of detection that
allows monitoring of food with residues at or above the levels set in
these tolerances. Contact: RD.
2. PP 4E8321 (EPA-HQ-OPP-2014-0788). IR-4 Project Headquarters,
Rutgers, The State University of New Jersey, 500 College Road East,
Suite 201 W., Princeton, NJ 08540, requests upon establishment of new
propiconazole tolerances above, removing tolerances in 40 CFR 180.434
for residues of the fungicide, propiconazole, 1-[[2-(2,4-
dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl] methyl]-1H-1,2,4-triazole
and its metabolites determined as 2,4-dichlorobenzoic acid (2,4-DCBA),
expressed as the stoichiometric equivalent of propiconazole, in or on
fruit, stone, group 12 except plum at 4.0 ppm and nut, tree, group 14
at 0.1 ppm to eliminate redundancies. Analytical methods AG-626 and AG-
454A were developed for the determination of residues of propiconazole
and its metabolites containing the DCBA moiety. Analytical method AG-
626 has been accepted and published by EPA as the tolerance enforcement
method for crops. The limit of quantitation (LOQ) for the method is
0.05 ppm. Contact: RD.
3. PP 5E8395. (EPA-HQ-OPP-2015-0629). Interregional Research
Project Number 4 (IR-4), IR-4 Project, 500 College Road East, Suite 201
W., Princeton, NJ 08540, requests to amend the tolerances in 40 CFR
180.433 for residues of fomesafen, 5-[2-cloro-4-
(trifluoromethyl)phenoxy]-N-(methylsulfonyl)-2-nitrobenzamide by
removing the tolerances on the raw agricultural commodities Bean, dry
at 0.05 ppm; Bean, snap, succulent at 0.05 ppm; Bean Lima, succulent at
0.05 ppm; Pea, succulent at 0.025 ppm; Potato at 0.025 ppm; Soybean at
0.05 ppm; and Soybean, vegetable succulent at 0.05 ppm. An analytical
method using chemical derivatization followed by gas chromatography
with Nitrogen-Phosphorus detection (NPD) has been developed and
validated for residues of fomesafen in snap/dry beans, cotton seed and
cotton gin byproducts, as well as for other crops. Contact: RD.
4. PP 5F8369. (EPA-HQ-OPP-2015-0561). ISK Biosciences Corporation,
7470 Auburn Road, Suite A, Concord, Ohio 44077, requests to amend the
tolerances in 40 CFR 180.613 for residues of the insecticide flonicamid
[(N-(cyanomethyl)-4-trifluoromethyl)-3-pyridinecarboxamide) or (N-
cyanomethyl-4-trifluoromethylnicotinamide (IUPAC))], including its
metabolites, TFNA [4-trifluoromethylnicotinic acid], TFNA-AM [4-
trifluoromethylnicotinamide], and TFNG [N-(4-
trifluoromethylnicotinoyl)], in or on the raw agricultural commodity
Crop Group 14-12, Tree Nuts from 0.15 ppm to 0.3 ppm and the existing
tolerance in or on the raw agricultural commodity hops from 7.0 ppm to
30 ppm. An analytical method using LC-MS/MS has been developed to
determine the residues of flonicamid and its metabolites, TFNA, TFNA-
AM, and TFNG on tree nuts and hops. Contact: RD.
5. PP 5F8374. (EPA-HQ-OPP-2015-0560). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419-8300, requests to amend 40
CFR part 180.682 for residues of the herbicide, Bicyclopyrone: 4-
hydroxy-3-{2-[(2-methoxyethoxy) methyl{time} -6-(trifluoromethyl)-3-
pyridylcarbonyl{time} bicyclo oct-3-en-2-one, in or on the raw
agricultural commodities: Wheat, forage at 0.50 parts per million
(ppm); wheat, grain, at 0.04 ppm; wheat, hay at 0.9 ppm; wheat, straw
at 0.50 ppm; wheat, bran at 0.15 ppm; wheat, germ at 0.10 ppm; wheat,
aspirated grain fractions at 0.50 ppm; barley, grain, at 0.07 ppm,
barley, hay at 0.3 ppm; barley, straw at 0.50 ppm; barley, bran at 0.15
ppm; and barley, germ at 0.10 ppm. Adequate analytical methodology is
available for data collection enforcement of bicyclopyrone residues.
Analytical methods GRM030.05A and GRM030.08A have also undergone
independent laboratory validation (ILV) to demonstrate the suitability
of the methods for the monitoring of residues of bicyclopyrone in crops
and animal tissues. All study methods and validation reports have been
found acceptable by the EPA. Contact: RD.
New Tolerance Exemptions
1. PP IN-10836. (EPA-HQ-OPP-2015-0630). Spring Trading Company, 203
Dogwood Trail, Magnolia, Texas 77354-5201, on behalf of Lamberti USA,
Inc., 14622 Exxon Road, Conroe, Texas 77302, requests to establish an
exemption from the requirement of a tolerance for residues of 2-
propenoic
[[Page 63734]]
acid, homopolymer, ester with [alpha]-[2,4,6-tris(1-
phenylethyl)phenyl]-[omega]-hydroxypoly(oxy-1,2- ethanediyl), compd.
with 2,2',2''-nitrilotris[ethanol] (CAS Reg. No. 1477613-46-9) when
used as an inert ingredient in pesticide formulations under 40 CFR
180.960. The petitioner believes no analytical method is needed because
it is not required for an exemption from the requirement of a
tolerance. Contact: RD.
2. PP IN-10838. (EPA-HQ-OPP-2015-0631). Bayer Healthcare, LLC,
Animal Health Division, P.O. Box 390, Shawnee Mission, KS 66201,
requests to establish an exemption from the requirement of a tolerance
for residues of di-n-butyl adipate (CAS Reg. No. 105-99-7) when used as
an inert ingredient (component of plastic container strips) in
pesticide formulations applied to the entrance to bee hives to control
varroa mites under 40 CFR 180.910. The petitioner believes no
analytical method is needed because it is not required for an exemption
from the requirement of a tolerance. Contact: RD.
3. PP IN-10854. (EPA-HQ-OPP-2015-0655). SciReg., Inc., 12733
Director's Loop, Woodbridge, VA 22192, on behalf of Taminco U.S., Inc.,
Subsidiary of Eastman Chemical Co., Two Windsor Plaza, Suite 400, 7540
Windsor Drive, Allentown, PA 18195, requests to establish an exemption
from the requirement of a tolerance for residues of 2-pyrrolidinone, 1-
butyl- (CAS Reg No. 3470-98-2) when used as an inert ingredient in
pesticide formulations (solvent/co-solvent) in pesticide formulations
applied to growing crops only under 40 CFR 180.920. The petitioner
believes no analytical method is needed because the request is for an
exemption from the requirement of a tolerance. Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: October 14, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-26779 Filed 10-20-15; 8:45 am]
BILLING CODE 6560-50-P