[Federal Register Volume 86, Number 181 (Wednesday, September 22, 2021)]
[Proposed Rules]
[Pages 52624-52627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20431]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 174 and 180
[EPA-HQ-OPP-2021-0088; FRL-8792-03-OCSPP]
Receipt of Pesticide Petitions Filed for Residues of Pesticide
Chemicals in or on Various Commodities (September 2021)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notices of 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.
[[Page 52625]]
DATES: Comments must be received on or before October 22, 2021.
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, using the Federal eRulemaking Portal at https://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. Additional instructions on
commenting or visiting the docket, along with more information about
dockets generally, is available at https://www.epa.gov/dockets.
Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://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 https://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 Non-Inerts (Except PIPS)
PP 0F8892. (EPA-HQ-OPP-2021-0551). The Lubrizol Corporation, 29400
Lakeland Blvd., Wickliffe, OH 44092, requests to amend an exemption
from the requirement of a tolerance in 40 CFR 180.1327 to include
residues of the bactericide, fungicide, insecticide, and miticide
tetraacetylethylenediamine (TAED) in or on all raw agricultural
commodities. The analytical method Warwick International, Ltd.'s QC
Method SOP No. 1631 is available to EPA for the detection and
measurement of the pesticide residues. Contact: BPPD.
B. Amended Tolerances for Non-Inerts
1. PP 1E8919. (EPA-HQ-OPP-2021-0446). Interregional Research
Project No. 4 (IR-4), Project Headquarters, Rutgers, The State
University of NJ, 500 College Road East, Suite 201 W, Princeton, NJ
08540, requests to amend 40 CFR part 180 by removing the established
tolerance for residues of pydiflumetofen, including its metabolites and
degradates, in or on vegetable, fruiting, group 8-10 at 0.6 parts per
million (ppm). Contact: RD.
2. PP 1E8932. (EPA-HQ-OPP-2021-0449). Interregional Research
Project Number 4 (IR-4), Project Headquarters, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201 W,
Princeton, NJ 08450, requests to amend 40 CFR part 180 by removing the
established tolerances for residues of fluopyram, including its
metabolites and degradates in or on bean, dry at 0.70
[[Page 52626]]
ppm; brassica, head and stem, subgroup 5A at 4.0 ppm; brassica, leafy
greens, subgroup 5B at 50 ppm; dill, seed at 70 ppm; leafy greens
subgroup 4A at 40 ppm; leafy petioles subgroup 4B at 20 ppm; pea and
bean, succulent shelled, subgroup 6B at 0.20 ppm; and vegetable,
legume, edible podded, subgroup 6A at 4.0 ppm. Contact: RD.
C. New Tolerance Exemptions for Inerts (Except PIPS)
PP IN-11268. (EPA-HQ-OPP-2021-0582). SciReg, Inc., 12733 Director's
Loop, Woodbridge, VA 22192, on behalf of Albaugh, LLC, P.O. Box 2127,
Valdosta, GA 31604, requests to establish an exemption from the
requirement of a tolerance for residues of cocamidopropylamine oxide
(CAS Reg. No. 68155-09-9) when used as a pesticide inert ingredient
(surfactant) in glyphosate formulations under 40 CFR 180.910 at a
concentration not to exceed 6% (w/w). 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)
1. PP 0F8841. (EPA-HQ-OPP-2021-0139). Lesaffre Yeast Corporation,
7475 West Main St., Milwaukee, WI 53214, requests to establish an
exemption from the requirement of a tolerance in 40 CFR part 180 for
residues of the fungicide and bactericide Saccharomyces cerevisiae
strain LAS02 in or on all food commodities. The petitioner believes no
analytical method is needed because it is seeking to establish a
tolerance exemption for pesticide chemical residues; therefore, an
analytical method is not required. Additionally, the petitioner
believes toxicological data and public literature discussed in the
tolerance exemption petition summary are sufficient to show that there
are no foreseeable human or domestic health hazards likely to arise
from the use of the product to control postharvest diseases on crops in
the greenhouse and in the field. Contact: BPPD.
2. PP 0F8852. (EPA-HQ-OPP-2021-0534). Symborg, Inc., P.O. Box
12810, San Luis Obispo, CA 93406, requests to establish an exemption
from the requirement of a tolerance in 40 CFR part 180 for residues of
the fungicide Trichoderma harzianum strain T78 in or on all
agricultural commodities. The petitioner believes no analytical method
is needed because it is not applicable in this situation. When used as
proposed, the petitioner expects that applications of Trichoderma
harzianum strain T78 would not result in residues that are of
toxicological concern. Contact: BPPD.
3. PP 0F8856. (EPA-HQ-OPP-2021-0470). Loveland Products, Inc., P.O.
Box 1286, Greeley, CO 80632-1286, requests to establish an exemption
from the requirement of a tolerance in 40 CFR part 180 for residues of
the plant regulator salicylic acid (2-hydroxybenzoic acid) in or on all
raw agricultural commodities. The petitioner believes no analytical
method is needed because salicylic acid and salicylic acid-related
compounds such as methyl salicylate occur naturally in all plant-
derived food or feed items. Methyl salicylate, the main component of
oil of wintergreen, is widely used as a food-flavoring agent and
contributes to food residues of salicylic acid and salicylic acid-
related compounds in foods. Salicylic acid end-use products will be
used at low use rates (0.01 to 0.054 lb AI/A) and, given the proposed
use patterns, residues on raw agricultural commodities at the time of
harvest are not expected to be significantly greater than the natural
background levels of salicylic acid. Based on the multiple sources of
salicylic acid and the inability to determine the source of salicylic
acid in food crops as natural or from use of salicylic acid end-use
products, Loveland Products, Inc. believes that an analytical method
for salicylic acid in foods is not necessary to protect the public
health or the environment. Contact: BPPD.
4. PP 0F8886. (EPA-HQ-OPP-2021-0401). Indigo Ag, Inc., 500
Rutherford Ave., Boston, MA 02129, requests to establish an exemption
from the requirement of a tolerance in 40 CFR part 180 for residues of
the nematode suppression agent Streptomyces sp. strain SYM00257 in or
on all food commodities. The petitioner believes no analytical method
is needed because, based on the metabolic profiling it has performed,
no metabolites of concern are produced by Streptomyces sp. strain
SYM00257. Contact: BPPD.
5. PP 1F8903. (EPA-HQ-OPP-2021-0571). NewLeaf Symbiotics, 1005
North Warson Rd., Suite 102, St. Louis, MO 63132, requests to establish
an exemption from the requirement of a tolerance in 40 CFR part 180 for
residues of the insecticide Methylorubrum extorquens strain NLS0042 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.
6. PP 1F8907. (EPA-HQ-OPP-2021-0519). OmniLytics, Inc., 9075 South
Sandy Parkway, Sandy, UT 84070, requests to establish an exemption from
the requirement of a tolerance in 40 CFR part 180 for residues of the
bactericides bacteriophage active against Xanthomonas arboricola pv.
pruni, bacteriophage active against Xanthomonas arboricola pv.
juglandis, bacteriophage active against Xanthomonas arboricola pv.
corylina, and bacteriophage active against Pseudomonas syringae pv.
syringae in or on all food commodities. The petitioner believes no
analytical method is needed because an exemption from the required
tolerance is being proposed. Contact: BPPD.
E. New Tolerances for Non-Inerts
1. PP 1E8919. (EPA-HQ-OPP-2021-0446). Interregional Research
Project Number 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 tolerances in 40 CFR 180.699
for residues of the fungicide, Pydiflumetofen, (3-(difluoromethyl)-N-
methoxy-1-methyl-N-[1-methyl-2-(2,4,6-trichlorophenyl)ethyl]-1H-
pyrazole-4-carboxamide) in or on Caneberry subgroup 13-07A at 4 ppm and
vegetable, fruiting, group 8-10 at 0.8 ppm. Analytical methods AG-626
and AG-454A are used to measure and evaluate the chemical. Contact: RD.
2. PP 1E8926. (EPA-HQ-OPP-2021-0447). The Interregional Research
Project No. 4 (IR-4), Project Headquarters, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201W. Princeton,
NJ 08540, requests to establish tolerances in 40 CFR part 180.478 for
residues of the herbicide rimsulfuron, N-[[(4,6-dimethoxy-2-
pyrimidinyl)amino] carbonyl]-3-(ethylsulfonyl)-2-pyridinesulfonamide in
or on pomegranate at 0.01 ppm; and tropical and subtropical, small
fruit, edible peel subgroup 23A at 0.01 ppm. The high-pressure liquid
chromatography with ESI-MS/MS detection is used to measure and evaluate
the chemical. Contact: RD.
3. PP 1E8932. (EPA-HQ-OPP-2021-0449). Interregional Research
Project Number 4 (IR-4), Project Headquarters, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201 W,
Princetown, NJ 08450, requests to establish tolerances in 40 CFR
180.661 for residues of the fungicide, fluopyram, (N-[2-[3-chloro-5-
(trifluoromethyl)-2-pyridinyl]ethyl]-2-(trifluoromethyl)benzamide),
including its metabolites and degradates in or on the following raw
agricultural commodities: Brassica, leafy greens, subgroup 4-16B at 50
ppm; celtuce at 20 ppm; coffee, green bean at 0.03 ppm;
[[Page 52627]]
fennel, Florence, fresh leaves and stalk at 20 ppm; kohlrabi at 4 ppm;
leafy greens subgroup 4-16A at 40 ppm; leaf petiole vegetable subgroup
22B at 20 ppm; papaya at 1.5 ppm; peppermint, dried leaves at 0.8 ppm;
peppermint, fresh leaves at 0.6 ppm; spearmint, dried leaves at 0.8
ppm; spearmint, fresh leaves at 0.6 ppm; spice group 26 at 70 ppm; and
vegetable, brassica, head and stem, group 5-16 at 4 ppm; individual
commodities of proposed crop subgroup 6-18A; edible podded bean legume
vegetable subgroup at 4 ppm including: Asparagus bean, edible podded;
catjang bean, edible podded; Chinese longbean, edible podded; cowpea,
edible podded; French bean, edible podded; garden bean, edible podded;
goa bean, edible podded; green bean, edible podded; guar bean, edible
podded; jackbean, edible podded; kidney bean, edible podded; lablab
bean, edible podded; moth bean, edible podded; mung bean, edible
podded; navy bean, edible podded; rice bean, edible podded; scarlet
runner bean, edible podded; snap bean, edible podded; sword bean,
edible podded; urd bean, edible podded; vegetable soybean, edible
podded; velvet bean, edible podded; wax bean, edible podded; winged
pea, edible podded; and yardlong bean, edible podded; individual
commodities of proposed crop subgroup 6-18B; edible podded pea legume
vegetable subgroup at 4 ppm including: Chickpea, edible podded; dwarf
pea, edible podded; edible podded pea; grass-pea, edible podded; green
pea, edible podded; lentil, edible podded; pigeon pea, edible podded;
snap pea, edible podded; snow pea, edible podded; and sugar snap pea,
edible podded; individual commodities of proposed crop subgroup 6-18C:
Succulent shelled bean subgroup at 0.2 ppm including: Andean lupin,
succulent shelled; blackeyed pea, succulent shelled; blue lupin,
succulent shelled; broad bean, succulent shelled; catjang bean,
succulent shelled; cowpea, succulent shelled; crowder pea, succulent
shelled; goa bean, succulent shelled; grain lupin, succulent shelled;
jackbean, succulent shelled; lablab bean, succulent shelled; lima bean,
succulent shelled; moth bean, succulent shelled; scarlet runner bean,
succulent shelled; southern pea, succulent shelled; sweet lupin,
succulent shelled; vegetable soybean, succulent shelled; velvet bean,
succulent shelled; wax bean, succulent shelled; white lupin, succulent
shelled; white sweet lupin, succulent shelled; and yellow lupin,
succulent shelled; individual commodities of proposed crop subgroup 6-
18D: Succulent shelled pea subgroup at 0.2 ppm including: Chickpea,
succulent shelled; English pea, succulent shelled; garden pea,
succulent shelled; green pea, succulent shelled; lentil, succulent
shelled; and pigeon pea, succulent shelled; and individual commodities
of proposed crop subgroup 6-18E: Dried shelled bean, except soybean,
subgroup at 0.7 ppm including: Adzuki bean, dry seed; African yam-bean,
dry seed; American potato bean, dry seed; Andean lupin bean, dry seed;
asparagus bean, dry seed; black bean, dry seed; blackeyed pea, dry
seed; blue lupin bean, dry seed; broad bean, dry seed; catjang bean,
dry seed; Chinese longbean, dry seed; cowpea, dry seed; cranberry bean,
dry seed; crowder pea, dry seed; dry bean, dry seed; field bean, dry
seed; French bean, dry seed; garden bean, dry seed; goa bean, dry seed;
grain lupin bean, dry seed; great northern bean, dry seed; green bean,
dry seed; guar bean, dry seed; horse gram, dry seed; jackbean, dry
seed; kidney bean, dry seed; lablab bean, dry seed; lima bean, dry
seed; morama bean, dry seed; moth bean, dry seed; mung bean, dry seed;
navy bean, dry seed; pink bean, dry seed; pinto bean, dry seed; red
bean, dry seed; rice bean, dry seed; scarlet runner bean, dry seed;
southern pea, dry seed; sweet lupin bean, dry seed; sword bean, dry
seed; tepary bean, dry seed; urd bean, dry seed; vegetable soybean, dry
seed; velvet bean, seed, dry seed; white lupin bean, dry seed; white
sweet lupin bean, dry seed; winged pea, dry seed; yardlong bean, dry
seed; yellow bean, dry seed; and yellow lupin bean, dry seed. The
multiresidue method (DFG Method S19) is the method used to measure and
evaluate the residues of fluopyram. Contact: RD.
4. PP 1F8914. (EPA-HQ-OPP-2021-0417). 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,
benzovindiflupyr in or on vegetable, root, except sugar beet, subgroup
1B, except ginseng at 0.4 ppm. The analytical methods GRM042.03A,
GRM042.04A, and GRM042.08A are used to measure and evaluate the
chemical benzovindiflupyr and its metabolites. Contact: RD.
5. PP 9E8819. (EPA-HQ-OPP-2020-0050). Bayer CropScience LP, 800 N.
Lindbergh Blvd., St. Louis, MO 263167 requests to establish a tolerance
in 40 CFR part 180.589 for residues of the fungicide propamocarb
hydrochloride in or on Onion, bulb, Crop subgroup 3-07A at 2 ppm, leek
at 30 ppm, and kale at 20 ppm. Analytical methods gas/liquid
chromatography and N-FID or MSD are used to measure anc evaluate the
chemical propamocarb hydrochloride. Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: September 13, 2021.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2021-20431 Filed 9-21-21; 8:45 am]
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