[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Proposed Rules]
[Pages 37818-37821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16389]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 174 and 180
[EPA-HQ-OPP-2019-0041; FRL-9996-78]
Receipt of a Pesticide Petition Filed for Residues of Pesticide
Chemicals in or on Various Commodities for June 2019
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of filing of petition and request for comment.
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SUMMARY: This document announces the Agency's receipt of an initial
filing of a pesticide petition 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 September 3, 2019.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number 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: Michael Goodis, 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:
[[Page 37819]]
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).
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 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 receipt of a pesticide petition 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 174 and/or part 180] for residues of
pesticide chemicals in or on various food commodities. The Agency is
taking public comment on the request before responding to the
petitioner. EPA is not proposing any particular action at this time.
EPA has determined that the pesticide petition described in this
document contains 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
supports granting of the pesticide petition. 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 this pesticide petition.
Pursuant to 40 CFR 180.7(f), a summary of the petition that is the
subject of this document, prepared by the petitioner, is included in a
docket EPA has created for this rulemaking. The docket for this
petition 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.
Amended Tolerance Exemptions for Inerts (Except PIPS)
PP IN-11271. (EPA-HQ-OPP-2019-0279). Spring Trading Company (203
Dogwood Trail Magnolia, TX 77354-5201) on behalf of BASF Corporation
(100 Campus Drive, Florham Park NJ 07932), requests to amend an
exemption from the requirement of a tolerance for residues of
propanamide, 2-hydroxy-N, N-dimethyl- (CAS Reg. No. 35123-06-9) by
increasing the limitation from 20% by weight to 50% by weight when used
as a pesticide inert ingredient (solvent/co-solvent) in pesticide
formulations applied in or on raw agricultural commodities and to
growing crops under 40 CFR 180.910 and applied in/on animals under 40
CFR 180.930. The petitioner believes no analytical method is needed
because it is not required for an exemption from the requirement of a
tolerance. Contact: RD.
Amended Tolerances for Non-Inerts
1. PP 9E8739. (EPA-HQ-OPP-2017-0694). The Interregional Research
Project Number 4 (IR-4), Rutgers, The State University of New Jersey,
500 College Road East, Suite 201 W, Princeton, NJ 08540, proposes upon
establishment of the tolerance referenced above under ``New
Tolerances'' to remove the existing tolerance in 40 CFR part 180.672
for residues of the insecticide cyantraniliprole, 3-bromo-1-(3-chloro-
2-pyridinyl)-N-[4-cyano-2-methyl-6-[((methylamino)carbonyl]phenyl]-1H-
pyrazole-5-carboxamide, including its metabolites and degradates in or
on Strawberry at 1.0 ppm. Contact: RD.
2. PP 9E8743. (EPA-HQ-OPP-2019-0250). IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201 W,
Princeton, New Jersey 08540, proposes to amend 40 CFR part 180.613(a)
for residues of the insecticide flonicamid, including its metabolites
and degradates, to be determined by measuring only the sum of
flonicamid, N-(cyanomethyl)-4-(trifluoromethyl)-3-pyridinecarboxamide,
and its metabolites, TFNA (4-trifluoromethylnicotinic acid), TFNA-AM
(4-trifluoromethylnicotinamide), and TFNG, N-(4-
trifluoromethylnicotinoyl)glycine, calculated as the stoichiometric
equivalent of flonicamid, in or on Leafy greens subgroup 4-16A, except
spinach by increasing the existing tolerance from 4.0 ppm to 8.0 ppm.
Upon establishment of the amended tolerance above, the petitioner
requests removal of the existing tolerance for flonicamid on Leafy
greens subgroup 4-16A, except spinach at 4.0 ppm. The analytical method
used to quantitate above designated flonicamid residues in plants
incorporates a liquid chromatograph (LC) equipped with a reverse phase
column and a triple quadruple mass spectrometer (MS/MS). Contact: RD.
3. PP 9E8755. (EPA-HQ-OPP-2019-0128). IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201W, Princeton,
NJ 08540, proposes upon establishment of tolerances referenced in this
document under ``New Tolerances (for PP 9E6755)'' to remove the
existing tolerances in 40 CFR part 180.685 for residues of the
fungicide oxathiapiprolin, 1-[4-[4-[5-(2,6-difluorophenyl)-4,5-dihydro-
3-isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2-[5-methyl-3-
(trifluoromethyl)-1H-pyrazol-1-yl]-ethanone, in or on the
[[Page 37820]]
following commodities: Pea, edible-podded at 1.0 ppm and Pea, succulent
shelled at 0.05 ppm. Contact: RD.
New Tolerance Exemptions for Inerts (Except PIPS)
PP IN-11264. (EPA-HQ-OPP- 2019-0327). Spring Trading Company (203
Dogwood Trail Magnolia, TX 77354-5201) on behalf of Stoller
Enterprises, Inc. (9090 Katy Freeway, Suite 400 Houston, TX 77024),
requests to establish an exemption from the requirement of a tolerance
for residues of formic acid (CAS Reg. No. 64-18-6) when used as a
pesticide inert ingredient (pH adjuster) in pesticide formulations
applied in or on raw agricultural commodities and to growing crops
under 40 CFR 180.910 and applied in/on animals under 40 CFR 180.930.
The petitioner believes no analytical method is needed because it is
not required for an exemption from the requirement of a tolerance.
Contact: RD.
New Tolerance Exemptions for Non-Inerts (Except PIPS)
1. PP 8F8713. (EPA-HQ-OPP-2019-0368). Acqua Concepts, Inc. (d/b/a
Ag Water Chemical), 2665 S. Chestnut, Fresno, CA 93725, requests to
establish an exemption from the requirement of a tolerance in 40 CFR
part 180 for residues of the gopher repellent methyl mercaptan in or on
all food commodities that use irrigation lines treated with methyl
mercaptan. The analytical method ``ASTM D 5504-12 using a gas
chromatograph equipped with a sulfur chemiluminescence detector (SCD)''
is available to EPA for the detection and measurement of the pesticide
residues. Contact: BPPD.
2. PP 9F8735. (EPA-HQ-OPP-2019-0324). Biocontrol Technologies,
S.L., Avgda. Madrid, 215-217, entres[ograve]l A, 08014 Barcelona, Spain
(c/o Wagner Regulatory Associates, Inc., P.O. Box 640, Hockessin, DE
19707), requests to establish an exemption from the requirement of a
tolerance in 40 CFR part 180 for residues of the fungicide and
bactericide Trichoderma asperellum, strain T34 in or on all food
commodities. The petitioner believes no analytical method is needed
because an exemption from the requirement of a tolerance is being
proposed. Contact: BPPD.
3. PP 9F8760. (EPA-HQ-OPP-2019-0367). Valent BioSciences LLC, 870
Technology Way, Libertyville, IL 60048, requests to establish a
temporary exemption from the requirement of a tolerance in 40 CFR part
180 for residues of the biochemical plant regulator (fruit thinner) 1-
Aminocyclopropane-1-carboxylic acid (ACC) in or on apples and stone
fruits. The petitioner believes no analytical method is needed because
of low toxicity and minimal residues. Contact: BPPD.
New Tolerances for Non-Inerts
1. PP 8F8708. (EPA-HQ-OPP-2019-0384). E. I. du Pont de Nemours and
Company, 974 Centre Road, Wilmington, Delaware 19805, requests to
establish a tolerance for residues of the insecticide indoxacarb in or
on corn, pop, grain at 0.02 parts per million (ppm) and corn, pop,
stover at 15 ppm. The plant residue enforcement method detects and
quantitates indoxacarb in various matrices including sweet corn,
lettuce, tomato, broccoli, apple, grape, cottonseed, tomato, peanut and
soybean commodity samples by HPLC UV. The limit of quantitation in the
method allows monitoring of crops with KN128/KN127 residues at or above
the levels proposed in these tolerances. Contact: RD.
2. PP 9E8739. (EPA-HQ-OPP-2017-0694). The Interregional Research
Project Number 4 (IR-4), Rutgers, The State University of New Jersey,
500 College Road East, Suite 201 W, Princeton, NJ 08540, requests to
establish a tolerance in 40 CFR part 180.672 for residues of the
insecticide cyantraniliprole, 3-bromo-1-(3-chloro-2-pyridinyl)-N-[4-
cyano-2-methyl-6-[((methylamino)carbonyl]phenyl]-1H-pyrazole-5-
carboxamide, including its metabolites and degradates in or on
Strawberry at 1.5 ppm. The high-pressure liquid chromatography with
ESI- MS/MS detection is used to measure and evaluate cyantraniliprole.
Contact: RD.
3. PP 9E8752. (EPA-HQ-OPP-2019-0281). IR-4, Rutgers, the State
University of New Jersey. 500 College Road East, Princeton, NJ 08540,
requests to establish a tolerance in 40 CFR part 180.446 for residues
of the insecticide, clofentezine, 3,6-bis(2-chlorophenyl)-1,2,4,5-
tetrazine in or on hops, dried cones at 6 parts per million (ppm). The
high-performance liquid chromatography (HPLC) is available to enforce
the tolerance expression. The limit of quantitation (LOQ) and limit of
detection (LOD) were determined to be 0.01 ppm and 0.003 ppm,
respectively. Contact: RD.
4. PP 9E8755. (EPA-HQ-OPP-2019-0128). IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201W, Princeton,
NJ 08540, requests to establish tolerances in 40 CFR part 180.685 for
residues of the fungicide oxathiapiprolin, 1-[4-[4-[5-(2,6-
difluorophenyl)-4,5-dihydro-3-isoxazolyl]-2-thiazolyl]-1-piperidinyl]-
2-[5-methyl-3-(trifluoromethyl)-1H-pyrazol-1-yl]-ethanone, in or on the
following commodities: Berry, low growing, subgroup 13-07G, except
cranberry at 0.4 parts per million (ppm); Hop, dried cones at 5 ppm;
and Tropical and subtropical, medium to large fruit, smooth, inedible
peel, subgroup 24B at 0.1 ppm; individual crops of proposed crop
subgroup 6-18B: Edible podded pea legume vegetable subgroup including:
Chickpea, edible podded at 1 ppm; Dwarf pea, edible podded at 1 ppm;
Edible podded pea at 1 ppm; Grass-pea, edible podded at 1 ppm; Green
pea, edible podded at 1 ppm; Lentil, edible podded at 1 ppm; Pigeon
pea, edible podded at 1 ppm; Snap pea, edible podded at 1 ppm; Snow
pea, edible podded at 1 ppm; and Sugar snap pea, edible podded at 1
ppm; and individual crops of proposed crop subgroup 6-18D: Succulent
shelled pea subgroup including: Chickpea, succulent shelled at 0.05
ppm; English pea, succulent shelled at 0.05 ppm; Garden pea, succulent
shelled at 0.05 ppm; Green pea, succulent shelled at 0.05 ppm; Lentil,
succulent shelled at 0.05 ppm; and Pigeon pea, succulent shelled at
0.05 ppm. Adequate analytical methodology, high-pressure liquid
chromatography with MS/MS detection, is available to enforce the
oxathiapiprolin tolerance expression. Contact: RD.
5. PP 9E8763. (EPA-HQ-OPP-2019-0388). IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201 W,
Princeton, New Jersey 08540, requests to establish tolerances in 40 CFR
part 180.613(a) for residues of the herbicide saflufenacil, including
its metabolites and degradates, determined by measuring only the sum of
saflufenacil, 2-chloro-5-[3,6-dihydro-3-methyl-2,6-dioxo-4-
(trifluoromethyl)-1(2H)-pyrimidinyl]-4-fluoro-N-[[methyl(1-
methylethyl)amino]sulfonyl]benzamide, and its metabolites N-[2-chloro-
5-(2,6-dioxo-4-(trifluoromethyl)-3,6-dihydro-1(2H)-pyrimidinyl)-4-
fluorobenzoyl]-N'-isopropylsulfamide and N-[4-chloro-2-fluoro-5-({
(isopropylamino)sulfonyl amino{time} carbonyl)phenyl]urea, calculated
as the stoichiometric equivalent of saflufenacil, in or on the
following raw agricultural commodities: Caneberry subgroup 13-07A at
0.03 parts per million (ppm), Chia, seed at 1 ppm, Chia, straw at 15
ppm, Fig at 0.03 ppm, and Fig, dried at 0.05 ppm. Adequate enforcement
analytical methodology (liquid chromatography/tandem mass spectrometry
(LC/MS/MS) for plant and livestock commodities is available to
[[Page 37821]]
enforce the saflufenacil tolerance expression. Contact RD.
6. PP 9F8747. (EPA-HQ-OPP-2019-0230). Valent U.S.A. LLC, P.O. Box
8025, Walnut Creek, CA 94596-8025, requests to establish a tolerance in
40 CFR part 180 for residues of the fungicide, ethaboxam ((RS)-N-
([alpha]-cyano-2-thenyl)-4-ethyl-2-(ethylamino)-1,3-thiazole-5-
carboxamide) in or on beet, sugar, root at 0.01 parts per million
(ppm). The analytical method uses high-performance liquid
chromatography (HPLC) with tandem mass spectrometry (LC/MS-MS), with
turbo-ion spray ionization in positive ion mode for ethaboxam and
metabolites EEO, and negative ion mode for EEHO. A linear forced-origin
calibration curve was used to quantify ethaboxam in the sample
extracts. Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: July 10, 2019.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2019-16389 Filed 8-1-19; 8:45 am]
BILLING CODE 6560-50-P