[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Proposed Rules]
[Pages 58047-58049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20441]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 174 and 180

[EPA-HQ-OPP-2022-0161; FRL-9410-05-OCSPP]


Receipt of Pesticide Petitions Filed for Residues of Pesticide 
Chemicals in or on Various Commodities (August 2022)

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.

DATES: Comments must be received on or before October 24, 2022.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2022-0161, through 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 and visiting the docket, along with more 
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Biopesticides and 
Pollution Prevention Division (BPPD) (7511M), main telephone number: 
(202) 566-1400, email address: [email protected]; or Marietta 
Echeverria, 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 application 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).

[[Page 58048]]

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 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 https://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. Notice of Filing--New Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11673. EPA-HQ-OPP-2022-0737. RRStewart Consulting, LLC, on 
behalf of Aicello America Corporation, 182 Nassau Street, Princeton, NJ 
08542, requests to establish an exemption from the requirement of a 
tolerance for residues of diglycerol (CAS No. 59113-36-9) as a 
plasticizer inert ingredient in pesticide formulations applied pre- and 
post-harvest to crops 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.
    2. PP IN-11712. EPA-HQ-OPP-2022-0711. Delta Analytical Corporation, 
on behalf of Borchers Americas, Inc., 811 Sharon Drive, Westlake, OH 
44145, requests to establish an exemption from the requirement of a 
tolerance for [alpha]-D-Glucopyranoside, [beta]-D-fructofuranosyl, 
polymer with methyloxirane and oxirane with a minimum number average 
molecular weight (in amu) of 9,820 (CAS Reg. No. 26301-10-0), when used 
as a pesticide inert ingredient (wetting agent) 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.

B. New Tolerance Exemptions for Inerts (Except PIPS)

    PP IN-11712. EPA-HQ-OPP-2022-0711. Delta Analytical Corporation, on 
behalf of Borchers Americas, Inc., 811 Sharon Drive, Westlake, OH 
44145, requests to establish an exemption from the requirement of a 
tolerance for [alpha]-D-Glucopyranoside, [beta]-D-fructofuranosyl, 
polymer with methyloxirane and oxirane with a minimum number average 
molecular weight (in amu) of 9,820 (CAS Reg. No. 26301-10-0), when used 
as a pesticide inert ingredient (wetting agent) 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.

C. New Tolerance Exemptions for Non-Inerts (Except PIPS)

    1. PP 1F8959. EPA-HQ-OPP-2022-0716. Crop Enhancement, 2186 Bering 
Drive, San Jose, California 95131, requests to establish an exemption 
from the requirement of a tolerance in 40 CFR part 180 for residues of 
the insecticide/miticide linseed oil in or on all raw agricultural 
commodities. The petitioner believes no analytical method is needed 
because an exemption from the requirement of a tolerance is being 
proposed. Contact: BPPD.
    2. PP 2F9018. EPA-HQ-OPP-2022-0743. Columbia River Carbonates, 300 
North Pekin Road, Woodland, Washington 98674, requests to establish an 
exemption from the requirement of a tolerance in 40 CFR part 180 for 
residues of the biochemical active ingredient calcium carbonate in or 
on all agricultural food commodities. The analytical method Inductively 
Coupled Plasma-Optical Emission Spectrometer (ICP-OES) analysis of test 
item and reference standard is available to EPA for the detection and 
measurement of the pesticide residues. Contact: BPPD.

D. New Tolerances for Non-Inerts

    1. PP 2E9008. EPA-HQ-OPP-2022-0576. BASF Corporation, Agricultural 
Products, P.O. Box 13528, 26 Davis Drive, Research Triangle Park, NC 
27709, requests to establish a tolerance in 40 CFR part 180 for 
residues of the herbicide, imazapic in or on rice, grain at 0.05 parts 
per million (ppm) and in or on rice, bran at 0.2 ppm. The Liquid 
Chromatography-Mass spectrometry (LC-MS/MS) is used to measure and 
evaluate the chemical imazapic. Contact: RD.
    2. PP 2E9009. EPA-HQ-OPP-2022-0577. BASF Corporation, Agricultural 
Products, P.O. Box 13528, 26 Davis Drive, Research Triangle Park, NC 
27709, requests to establish a tolerance in 40 CFR part 180 for 
residues of the herbicide imazapyr in or on rice, grain at 0.06 ppm and 
in or on rice, bran at 0.2 ppm. The LC-MS/MS is used to

[[Page 58049]]

measure and evaluate the chemical imazapyr. Contact: RD.
    3. PP 2E9011. EPA-HQ-OPP-2022-0672. American Spice Trade 
Association, 1101 17th Street NW, Suite 700, Washington, DC 20036, 
requests to establish a tolerance in 40 CFR part 180 for residues of 
the pesticide, cypermethrin, in or on raw agricultural spice 
commodities: Allspice; anise pepper; ashwagandha fruit; batavia-cassia, 
fruit; belleric myrobalan; caper buds; cardamom, black; cardamom, 
ethopian; cardamom, green; cardamom, nepal; cardamom-amomum; cassia, 
fruit; cassia, chinese, fruit; chinese hawthorn; chinese-pepper; 
cinnamon, fruit; cinnamon, saigon, fruit; coriander, fruit; cumin, 
black; dorrigo pepper, berry; dorrigo pepper, leaf; eucalyptus; 
gamboge; grains of selim; juniper, berry; miracle fruit; pepper, black; 
pepper, indian long; pepper, javanese long; pepper, pink; pepper, 
sichuan; pepper, white; pepperbush, berry; pepperbush, leaf; 
peppercorn, green; peppertree; peppertree, peruvian; saunders, red; 
sumac, fragrant; sumac, smooth, leaf; tamarind, seed; tasmanian, 
pepper, berry; tsaoko; vanilla, at 0.5 ppm; and angelica, seed; 
asafoetida; calamus-root; chaste tree, chinese, roots; coptis; 
coriander, seed; fingerroot; jalap; lovage, root; lovage, seed; yellow 
gentian, roots at 0.2 ppm. The gas chromatography with electron capture 
detection (GC/ECD) analytical method is used to measure and evaluate 
the chemical cypermethrin. Contact: RD.

E. New Tolerances for Non-Inerts

    1. PP 2E9006. EPA-HQ-OPP-2022-0645. Interregional Research Project 
Number 4 (IR-4), IR-4 Project Headquarters, North Carolina State 
University, 1730 Varsity Drive, Venture IV, Suite 210, Raleigh, NC 
27606, requests to establish a tolerance in 40 CFR 180.532 for residues 
of the fungicide, cyprodinil 4-cyclopropyl-6-methyl-N-phenyl-2-
pyrimidinamine in or on cranberry at 0.4 ppm. Analytical method AG-631B 
was used to measure and evaluate the chemical. Contact: RD.
    2. PP 2E9008. EPA-HQ-OPP-2022-0576. BASF Corporation, Agricultural 
Products, P.O. Box 13528, 26 Davis Drive, Research Triangle Park, NC 
27709, requests to establish a tolerance in 40 CFR part 180 for 
residues of the herbicide, imazapic in or on rice, grain at 0.05 ppm 
and in or on rice, bran at 0.2 ppm. The LC-MS/MS is used to measure and 
evaluate the chemical imazapic. Contact: RD.
    3. PP 2E9009. EPA-HQ-OPP-2022-0577. BASF Corporation, Agricultural 
Products, P.O. Box 13528, 26 Davis Drive, Research Triangle Park, NC 
27709, requests to establish a tolerance in 40 CFR part 180 for 
residues of the herbicide imazapyr in or on rice, grain at 0.06 ppm and 
in or on rice, bran at 0.2 ppm. The LC-MS/MS is used to measure and 
evaluate the chemical imazapyr. Contact: RD.
    4. PP 2E9011. EPA-HQ-OPP-2022-0672. American Spice Trade 
Association, 1101 17th Street NW, Suite 700, Washington, DC 20036, 
requests to establish a tolerance in 40 CFR part 180 for residues of 
the pesticide, cypermethrin, in or on raw agricultural spice 
commodities: Allspice; anise pepper; ashwagandha fruit; batavia-cassia, 
fruit; belleric myrobalan; caper buds; cardamom, black; cardamom, 
ethopian; cardamom, green; cardamom, nepal; cardamom-amomum; cassia, 
fruit; cassia, chinese, fruit; chinese hawthorn; chinese-pepper; 
cinnamon, fruit; cinnamon, saigon, fruit; coriander, fruit; cumin, 
black; dorrigo pepper, berry; dorrigo pepper, leaf; eucalyptus; 
gamboge; grains of selim; juniper, berry; miracle fruit; pepper, black; 
pepper, indian long; pepper, javanese long; pepper, pink; pepper, 
sichuan; pepper, white; pepperbush, berry; pepperbush, leaf; 
peppercorn, green; peppertree; peppertree, peruvian; saunders, red; 
sumac, fragrant; sumac, smooth, leaf; tamarind, seed; tasmanian, 
pepper, berry; tsaoko; vanilla, at 0.5 ppm; and angelica, seed; 
asafoetida; calamus-root; chaste tree, chinese, roots; coptis; 
coriander, seed; fingerroot; jalap; lovage, root; lovage, seed; yellow 
gentian, roots at 0.2 ppm. The GC/ECD analytical method is used to 
measure and evaluate the chemical cypermethrin. Contact: RD.

    Authority: 21 U.S.C. 346a.

    Dated: September 16, 2022.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Program Support.
[FR Doc. 2022-20441 Filed 9-22-22; 8:45 am]
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