[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Proposed Rules]
[Pages 29229-29232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11315]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 174 and 180
[EPA-HQ-OPP-2021-0088; FRL-10023-95]
Receipt of Pesticide Petitions Filed for Residues of Pesticide
Chemicals in or on Various Commodities May 2021
AGENCY: Environmental Protection Agency (EPA).
ACTION: Filing of petitions and request for comment.
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SUMMARY: This document announces the Agency's receipt of 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 July 1, 2021.
[[Page 29230]]
ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition (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: Marietta Echeverria, Registration
Division (7505P), main telephone number: (703) 305-7090, email address:
[email protected]; or Charles Smith, Biopesticides and Pollution
Prevention Division (7511P), 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).
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 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 174 or 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 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 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), summaries of the petitions that are
the subject of this document, prepared by the petitioners, are included
in dockets EPA has created for these rulemakings. The dockets for these
petitions are 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 petitions so that the public has an
opportunity to comment on these requests for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petitions may be obtained
through the petition summaries referenced in this unit.
A. Amended Tolerance Exemptions for Inerts (Except PIPS)
PP IN-11493. (EPA-HQ-OPP-2021-0274). ADAMA Makhteshim, Ltd. c/o
Makhteshim Agan of North America d/b/a ADAMA, 3120 Highwoods Blvd.,
Suite 100, Raleigh, NC 27604, requests to amend an exemption from the
requirement of a tolerance in 40 CFR 180.920 for residues of
acetophenone (CAS Reg. No. 98-86-2) when used as an inert ingredient in
pesticide formulations applied to growing crops. The petitioner
believes no analytical method is needed because it is not required for
an exemption from the requirement of a tolerance. Contact: RD.
B. Amended Tolerances for Inerts
PP IN-11407. (EPA-HQ-OPP-2021-0185). Management Contract Services,
Inc. on behalf of Landis International, Inc., P.O. Box 5126, Valdosta,
GA 31603, requests to amend the tolerance in 40 CFR 180.460 for
residues of Benoxacor (2,2-dichloro-1-(3-methyl-2,3-dihydro-1,4-
benzoxazin-4-yl) ethenone) (CAS Reg. No. 98730-04-2) when used as a
pesticide inert ingredient (safener) in pesticide formulations to
include any herbicide in or on raw agricultural commodities for which
tolerances have been established for those active ingredients at 0.01
parts per million (ppm). Adequate enforcement methodology, GC/NPD, is
available to enforce the tolerance expression. The analytical
methodology for the determination of benoxacor and its metabolites in
plant and animal commodities is Ciba Analytical Method AG536(C).
Contact: RD.
[[Page 29231]]
C. New Tolerance Exemptions for Inerts (Except PIPS)
1. PP IN-11401. (EPA-HQ-OPP-2021-0308). The Innovative Reform Group
on behalf of The Clorox Company, P.O. Box 493, Pleasanton, CA 94566-
0803, requests to establish an exemption from the requirement of a
tolerance under 40 CFR part 180.940(a) for residues of various
fragrance components (CAS Reg No. multiple) when used as inert
ingredients in antimicrobial pesticide formulations for use on food
contract surfaces in public eating places, dairy processing equipment,
and food processing equipment and utensils at end-use concentrations
not to exceed 33 ppm. Contact: RD.
2. PP IN-11402. (EPA-HQ-OPP-2021-0311). The Innovative Reform Group
on behalf of The Clorox Company, P.O. Box 493, Pleasanton, CA 94566-
0803, requests to establish an exemption from the requirement of a
tolerance under 40 CFR part 180.940(a) for residues of various
fragrance components (CAS Reg No. multiple) when used as inert
ingredients in antimicrobial pesticide formulations for use on food
contract surfaces in public eating places, dairy processing equipment,
and food processing equipment and utensils at end-use concentrations
not to exceed 5 ppm. Contact: RD.
3. PP IN-11409. (EPA-HQ-OPP-2021-0321). Evonik Corporation, 299
Jefferson Road, Parsippany, NJ 07054, requests to establish an
exemption from the requirement of a tolerance for residues of Silane,
hexadecyltrimethoxy-, hydrolysis products with silica (CAS Reg. No.
199876-45-4) when used as a pesticide inert ingredient (stabilizer) in
pesticide formulations under 40 CFR part 180.910 and 180.950. The
petitioner believes no analytical method is needed because it is not
required for an exemption from the requirement of a tolerance. Contact:
RD.
4. IN-11410. (EPA-HQ-OPP-2021-0292). Spring Regulatory Sciences
(6620 Cypresswood Dr., Suite 250 Spring, TX 77379) on behalf of Earth
Science Laboratories, Inc., (113 SE 22nd Street, Suite 1, Bentonville,
AR 72712) requests to establish an exemption from the requirement of a
tolerance for residues of polyammonium bisulfate (CAS Reg. No. 10043-
02-4) to include the use as an inert ingredient (carrier, adjuvant,
buffer and stabilizer) applied to growing crops pre- and post-harvest
under 40 CFR part 180.910 and in antimicrobial formulations applied to
food-contact surfaces in public eating places, dairy-processing
equipment, and food-processing equipment and utensils under 40 CFR part
180.940(a). The petitioner believes no analytical method is needed
because it is not required for an exemption from the requirement of a
tolerance. Contact: RD.
5. PP IN-11458. (EPA-HQ-OPP-2021-0273). Ingredion Incorporated, 5
Westbrook Corporate Center, Westchester, IL 60154, requests to
establish an exemption from the requirement of a tolerance for residue
of starch, 1-octenylbutanedioate, aluminum salt (CAS Reg. No. 9087-61-
0) when used as an inert ingredient in pesticide formulations applied
to growing crops under 40 CFR 180.920. The petitioner believes no
analytical method is needed because it is not required for an exemption
from the requirement of a tolerance. Contact: RD.
6. PP IN-11514. (EPA-HQ-OPP-2021-0320). Spring Regulatory Sciences,
6620 Cypresswood Dr, Suite 250, Spring, TX 77379 on behalf of Nouryon
Chemicals LLC, requests to establish an exemption from the requirement
of a tolerance in 40 CFR part 180.960 for residues of Glycerides, soya
mono- and di-ethoxylated (CAS Reg. No. 68553-06-0) when used as a
pesticide inert ingredient in pesticide formulations Joint Inerts Task
Force Cluster Support. The petitioner believes no analytical method is
needed because it is not required for an exemption from the requirement
of a tolerance. Contact: RD.
7. PP IN-11515. (EPA-HQ-OPP-2021-0323). Spring Regulatory Sciences,
6620 Cypresswood Dr., Suite 250, Spring, TX 77379 on behalf of Nouryon
Chemicals LLC, requests to establish an exemption from the requirement
of a tolerance in 40 CFR part 180.910 and 180.930 for residues of
Oxirane, 2-methyl-, polymer with oxirane, mono-C9-11-isoalkyl ethers,
C10-rich, phosphates, potassium salts (CAS Reg. No. 2275654-37-8) when
used as a pesticide inert ingredient in pesticide formulations Joint
Inerts Task Force Cluster Support. The petitioner believes no
analytical method is needed because it is not required for an exemption
from the requirement of a tolerance. Contact: RD.
D. New Tolerance Exemptions for Non-Inerts (Except PIPS)
PP 0F8851. (EPA-HQ-OPP-2021-0232). Biofungitek, S.L., Parque
Cient[iacute]fico y Tecnol[oacute]gico de Bizkaia, Astondo Bidea
(Building 612), 48160 Derio, Spain (c/o Compliance Services
International, 7501 Bridgeport Way West, Lakewood, WA 94899), requests
to establish an exemption from the requirement of a tolerance in 40 CFR
part 180 for residues of the biochemical fungicide potassium carbonate
in or on all agricultural food commodities. The petitioner believes no
analytical method is needed because the requirement is not applicable
as an exemption from tolerance has been submitted. Potassium carbonate,
a salt occurring abundantly in nature, would dissociate into its
component ions (potassium and carbonate) once dissolved in water for
application. In turn, carbonate will be part of an equilibrium mixture
of bicarbonate, carbonate, and carbonic acid.Being naturally abundant,
these ions would add to the like ions that already exist in the
environment. Potassium and carbonate ions would be indistinguishable
from the natural background of inorganic ions. Contact: BPPD.
E. New Tolerances for Non-Inerts
1. PP 0E8888. (EPA-HQ-OPP-2021-0204). Interregional Research
Project Number 4 (IR-4), IR-4 Project Headquarters, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201 W,
Princeton, NJ 08450, requests to establish a tolerance in 40 CFR
180.690 for residues of the fungicide, mandestrobin, 2-[(2,5-
dimethylphenoxy)methyl]-[alpha]-methoxy-N-methylbenzeneacetamide in or
on lettuce, head at 0.08 ppm, and lettuce, leaf at 4 ppm. The
``Determination of S2200 and De-Xy-S-2200 in Crops,'' Method RM-48C-2B,
which uses LC-MS/MS, is used to measure and evaluate the chemical.
Contact: RD.
2. PP 0E8881. (EPA-HQ-2021-0156). IR-4, Project Headquarters,
Rutgers, The State University of New Jersey, 500 College Road East,
Suite 201 W, Princeton, NJ 08450, requests to establish a tolerance in
40 CFR 180.337 for residues of the fungicide/bactericide,
oxytetracycline, (4S,4aR,5S,5aR,6S,12aS)-4-(dimethylamino)-
1,4,4a,5,5a,6,11,12a-octahydro-3,5,6,10,12,12a-hexahydroxy-6-methyl-
1,11-dioxo-2-naphthacenecarboxamide, in or on the commodities olive at
0.1 ppm, walnut, black at 0.1 ppm and walnut, English at 0.1 ppm. A
high-performance liquid chromatography method with tandem mass
spectrometry detection (LC/MS/MS) is used to measure and evaluate the
chemical. Contact: RD.
3. PP 1E8911. (EPA-HQ-OPP-2021-0213). 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
180.434 for residues of the fungicide, propiconazole, (1-[[2-(2,4-
dichlorophenyl)-4-propyl-1,3-dioxolan-
[[Page 29232]]
2-yl]methyl]-1H-1,2,4-triazole) and its metabolites determined by
measuring only those propiconazole residues convertible to 2,4-
dichlorobenzoic acid (2,4-DCBA) in or on the raw agricultural commodity
vegetable, brassica, head and stem, group 5-16 at 4 ppm. Analytical
methods AG-626 and AG-454A were developed for the determination of
residues of propiconazole and its metabolites containing the DCBA
moiety and are used to measure and evaluate the chemical. Contact: RD.
4. PP 0F8838. (EPA-HQ-OPP-2020-0728). Valent U.S.A. LLC, 1600
Riviera Avenue, Suite 200, Walnut Creek, CA 94596 requests to establish
a tolerance in 40 CFR part 180 for residues of the fungicide
fluopicolide in or on the following commodities: Cereal grains (crop
group 15), aspirated grain fractions at 0.07 ppm; cereal grains (crop
group 15), grain at 0.02 ppm; cereal grains (crop group 15), milled
byproducts at 0.07 ppm; cotton gin byproducts at 0.20 ppm; foliage of
legume vegetables (crop group 7), forage at 0.15 ppm; foliage of legume
vegetables (crop group 7), hay, straw, and vines at 0.20 ppm; forage,
fodder and straw of cereal grains (crop group 16) at 0.50 ppm; grass
forage, fodder, and hay (crop group 17) at 0.50 ppm; legume vegetables
(crop group 6), seed, pea, bean (succulent or dried, except listed
beans) at 0.03 ppm; nongrass animal feeds (crop group 18), forage,
fodder, straw and hay at 0.50 ppm; oilseeds (crop group 20), refined
oil at 0.10 ppm; oilseeds (crop group 20), seed at 0.04 ppm; peanut hay
at 0.60 ppm; peanut nutmeat at 0.04 ppm; peanut, refined oil at 0.10
ppm; soybean refined oil at 0.08 ppm. Practical analytical methods for
detecting and measuring levels of fluopicolide and its metabolites have
been developed and validated in/on all appropriate plant and animal
matrices. Contact: RD.
5. PP 9F8777. (EPA-HQ-OPP-2019-0542). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish a
tolerance in 40 CFR part 180 for residues of the herbicide,
bicyclopyrone, in or on lemongrass, dried at 0.5 ppm; lemongrass, fresh
at 0.3 ppm; rosemary, dried at 0.3 ppm; rosemary, fresh at 0.03 ppm;
wormwood, dried at 0.09 ppm and wormwood, fresh at 0.05 ppm. The
Analytical methods GRM030.05A, GRM030.05B, GRM030.08A is used to
measure and evaluate the chemical Bicyclopyrone. Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: May 12, 2021.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2021-11315 Filed 5-28-21; 8:45 am]
BILLING CODE 6560-50-P