[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Rules and Regulations]
[Pages 15040-15046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04355]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2022-0595; FRL-11726-01-OCSPP]


1,4-Bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione in Pesticide Formulations; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement 
of a tolerance for residues of 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione, when used as 
an inert ingredient (colorant/dye) on growing crops and raw 
agricultural commodities pre- and post-harvest in/on animals, limited 
to a maximum concentration of 0.5% in a pesticide formulation, and in 
antimicrobial formulations applied to food-contact surfaces in public 
eating places, dairy-processing equipment, and food-processing 
equipment and utensils not to exceed 300 ppm in the end-use 
concentration. Spring Regulatory Sciences on behalf of Colorants 
Solutions (new name Heubach Colorants USA LLC) submitted a petition to 
EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting 
establishment of an

[[Page 15041]]

exemption from the requirement of a tolerance. This regulation 
eliminates the need to establish a maximum permissible level for 
residues of 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione, when used in accordance with the terms of those 
exemptions.

DATES: This regulation is effective March 1, 2024. Objections and 
requests for hearings must be received on or before April 30, 2024 and 
must be filed in accordance with the instructions provided in 40 CFR 
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2022-0595, is available at 
https://www.regulations.gov or at the Office of Pesticide Programs 
Regulatory Public Docket (OPP Docket) in the Environmental Protection 
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., 
Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room and the OPP docket is (202) 566-1744. Please review the 
visitor instructions and additional information about the docket 
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Registration Division 
(7505T), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone 
number: (202) 566-1030; email address: [email protected].

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. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR 
part 180 through the Office of the Federal Register's e-CFR site at 
https://www.ecfr.gov/current/title-40.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file 
an objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2022-0595 in the subject line on the first 
page of your submission. All objections and requests for a hearing must 
be in writing and must be received by the Hearing Clerk on or before 
April 30, 2024. Addresses for mail and hand delivery of objections and 
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing (excluding any Confidential Business Information (CBI)) for 
inclusion in the public docket. Information not marked confidential 
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without 
prior notice. Submit the non-CBI copy of your objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2022-0595, by one of 
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be 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 https://www.epa.gov/dockets/where-send-comments-epa-dockets#express.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of August 30, 2022 (87 FR 52868, FRL-9410-
04), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 
346a, announcing the filing of a pesticide petition (PP IN-11698) by 
Spring Regulatory Sciences, 6620 Cypresswood Dr., Suite 250, Spring, TX 
77379 on behalf of Heubach Colorants USA LLC, 4000 Monroe Road, 
Charlotte, NC 28205. The petition requested that 40 CFR be amended by 
establishing an exemption from the requirement of a tolerance for 
residues of 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione (CAS Reg. No. 123944-63-8) when used as an inert 
ingredient (colorant/dye) in pesticide formulations applied to growing 
crops or raw agricultural commodities pre- and post-harvest under 40 
CFR 180.910, in/on animals under 40 CFR 180.930, and in food contact 
sanitizing solutions under 40 CFR 180.940(a). That document referenced 
a summary of the petition prepared by Spring Regulatory Sciences on 
behalf of Heubach Colorants USA LLC, the petitioner, which is available 
in the docket, https://www.regulations.gov. There were no comments 
received in response to the notice of filing.
    Based upon review of the data supporting the petition and in 
accordance with its authority under FFDCA section 408(d)(4)(A)(i), EPA 
is modifying the petitioner's request to limit the maximum 
concentration to no more than 0.5% of 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione under 40 CFR 
180.910, and 40 CFR 180.930, and not to exceed 300 ppm in the end-use 
concentration under 40 CFR 180.940(a). This limitation is based on the 
Agency's risk assessment which can be found at https://www.regulations.gov in document IN-11698; 1,4-Bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione. Human Health 
Risk Assessment and Ecological Effects Assessment to Support Inert 
Ingredient Approval for use in Pesticide Formulations in docket ID 
number EPA-HQ-OPP-2022-0595.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active 
ingredients as defined in 40 CFR 153.125 and include, but are not 
limited to, the following types of ingredients (except when they have a 
pesticidal efficacy of their own): Solvents such as alcohols and 
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty 
acids; carriers such as clay and diatomaceous earth; thickeners such as 
carrageenan and modified cellulose; wetting, spreading, and dispersing 
agents; propellants in aerosol

[[Page 15042]]

dispensers; microencapsulating agents; and emulsifiers. The term 
``inert'' is not intended to imply nontoxicity; the ingredient may or 
may not be chemically active. Generally, EPA has exempted inert 
ingredients from the requirement of a tolerance based on the low 
toxicity of the individual inert ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an 
exemption from the requirement for a tolerance (the legal limit for a 
pesticide chemical residue in or on a food) only if EPA determines that 
the tolerance is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines 
``safe'' to mean that ``there is a reasonable certainty that no harm 
will result from aggregate exposure to the pesticide chemical residue, 
including all anticipated dietary exposures and all other exposures for 
which there is reliable information.'' This includes exposure through 
drinking water and in residential settings but does not include 
occupational exposure. When making a safety determination for an 
exemption for the requirement of a tolerance FFDCA section 408(c)(2)(B) 
directs EPA to consider the considerations in section 408(b)(2)(C) and 
(D). Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical residue. . . 
.'' Section 408(b)(2)(D) lists other factors for EPA consideration 
making safety determinations, e.g., the validity, completeness, and 
reliability of available data, nature of toxic effects, available 
information concerning the cumulative effects of the pesticide chemical 
and other substances with a common mechanism of toxicity, and available 
information concerning aggregate exposure levels to the pesticide 
chemical and other related substances, among others.
    EPA establishes exemptions from the requirement of a tolerance only 
in those cases where it can be clearly demonstrated that the risks from 
aggregate exposure to pesticide chemical residues under reasonably 
foreseeable circumstances will pose no harm to human health. In order 
to determine the risks from aggregate exposure to pesticide inert 
ingredients, the Agency considers the toxicity of the inert in 
conjunction with possible exposure to residues of the inert ingredient 
through food, drinking water, and through other exposures that occur as 
a result of pesticide use in residential settings. If EPA is able to 
determine that a finite tolerance is not necessary to ensure that there 
is a reasonable certainty that no harm will result from aggregate 
exposure to the inert ingredient, an exemption from the requirement of 
a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors 
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available 
scientific data and other relevant information in support of this 
action. EPA has sufficient data to assess the hazards of and to make a 
determination on aggregate exposure for 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione including 
exposure resulting from the exemption established by this action. EPA's 
assessment of exposures and risks associated with 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their 
validity, completeness, and reliability as well as the relationship of 
the results of the studies to human risk. EPA has also considered 
available information concerning the variability of the sensitivities 
of major identifiable subgroups of consumers, including infants and 
children. Specific information on the studies received and the nature 
of the adverse effects caused by 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione as well as the 
no-observed-adverse-effect-level (NOAEL) and the lowest-observed-
adverse-effect-level (LOAEL) from the toxicity studies are discussed in 
this unit.
    1,4-Bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione exhibits low levels of acute toxicity via the oral and 
dermal routes of exposure. In the rat, the oral and dermal 
LD50s are greater than 2,000 milligrams/kilogram (mg/kg). 
Acute inhalation toxicity is not expected due to the very low vapor 
pressure. It is not irritating to the rabbit eye. It is not expected to 
be irritating to the skin based on the absence of skin irritation in 
the acute dermal toxicity study and low exposure. It is not a dermal 
sensitizer.
    The most sensitive effects were observed in a 28-day oral toxicity 
study with 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione. Increased levels of methemoglobin, total bilirubin and 
bile acids and decreased blood urea nitrogen were observed in female 
rats at the lowest observed adverse level (LOAEL) of 330 mg/kg/day. The 
no observed adverse effect level (NOAEL) is 110 mg/kg/day. Fetal 
susceptibility was not observed in the reproduction/developmental 
toxicity screening study in rats. Maternal (decreased thyroid hormone 
levels) and offspring (decreased bodyweights) toxicity was observed at 
the same dose, the LOAEL of 1,000 mg/kg/day. The NOAEL is 300 mg/kg/
day. No reproduction toxicity effects are seen in the available 
studies. The concern for carcinogenicity is low, based on QSAR 
metabolism data showing the absence of metabolites associated with 
carcinogenicity and negative results in in vitro mutagenicity studies.
    Neurotoxicity and immunotoxicity toxicity studies are not available 
for review. However, no evidence of neurotoxicity or immunotoxicity was 
observed in the submitted studies.

B. Toxicological Points of Departure/Levels of Concern

    Once a pesticide's toxicological profile is determined, EPA 
identifies toxicological points of departure (POD) and levels of 
concern to use in evaluating the risk posed by human exposure to the 
pesticide. For hazards that have a threshold below which there is no 
appreciable risk, the toxicological POD is used as the basis for 
derivation of reference values for risk assessment. PODs are developed 
based on a careful analysis of the doses in each toxicological study to 
determine the dose at which no adverse effects are observed (the NOAEL) 
and the lowest dose at which adverse effects of concern are identified 
(the LOAEL). Uncertainty/safety factors are used in conjunction with 
the POD to calculate a safe exposure level--generally referred to as a 
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe 
margin of exposure (MOE). For non-threshold risks, the Agency assumes 
that any amount of exposure will lead to some degree of risk. Thus, the 
Agency estimates risk in terms of the probability of an occurrence of 
the adverse effect expected in a lifetime. For more information on the 
general principles EPA uses in risk characterization and a complete 
description of the risk assessment process, see https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/overview-risk-assessment-pesticide-program.
    An acute dietary endpoint was not selected because no effect 
attributable to a single dose was identified in the

[[Page 15043]]

database. The 28-day oral toxicity study in rats is selected for the 
chronic dietary exposure scenario as well as short- and intermediate-
term incidental oral, dermal and inhalation exposure scenarios. The 
NOAEL is 110 mg/kg/day, and the LOAEL is 330 mg/kg/day based on 
increased levels of methemoglobin, total bilirubin and bile acids and 
decreased blood urea nitrogen in females. This study is appropriate for 
the duration of exposure, it is protective of the general population, 
and it is protective of the most sensitive lifestage (children). The 
standard inter- and intra-species uncertainty factors of 10x are 
applied. An additional 10x uncertainty factor was applied to account 
for the use of a short-term study for chronic dietary exposure. The 
default factor of 100% is applied for the dermal absorption rate and 
the inhalation absorption rate.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione, EPA considered exposure under the proposed exemption 
from the requirement of a tolerance. EPA assessed dietary exposures 
from 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione in food as follows:
    In conducting the dietary exposure assessment using the Dietary 
Exposure Evaluation Model DEEM-FCIDTM, Version 4.02, EPA used food 
consumption information from the U.S. Department of Agriculture's 
(USDA's) 2005-2010 National Health and Nutrition Examination Survey, 
What We Eat in America (NHANES/WWEIA). As to residue levels in food, no 
residue data were submitted for 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione. In the absence 
of specific residue data, EPA has developed an approach which uses 
surrogate information to derive upper bound exposure estimates for the 
subject inert ingredient. Upper bound exposure estimates are based on 
the highest tolerance for a given commodity from a list of high use 
insecticides, herbicides, and fungicides. A complete description of the 
general approach taken to assess inert ingredient risks in the absence 
of residue data is contained in the memorandum entitled ``Update to 
D361707: Dietary Exposure and Risk Assessments for the Inerts.'' (12/
21/2021) and can be found at https://www.regulations.gov in docket ID 
number EPA-HQ-OPP-2018-0090. In the dietary exposure assessments, the 
Agency assumed that the residue level of the inert ingredient would be 
no higher than the highest tolerance for a given commodity. Implicit in 
this assumption is that there would be similar rates of degradation (if 
any) between the active and inert ingredient and that the concentration 
of inert ingredient in the scenarios leading to these highest levels of 
tolerances would be no higher than the concentration of the active 
ingredient.
    The Agency believes the assumptions used to estimate dietary 
exposures lead to an extremely conservative assessment of dietary risk 
due to a series of compounded conservatisms. First, assuming that the 
level of residue for an inert ingredient is equal to the level of 
residue for the active ingredient will overstate exposure. The 
concentrations of active ingredient in agricultural products are 
generally at least 50 percent of the product and often can be much 
higher. Further, pesticide products rarely have a single inert 
ingredient; rather there is generally a combination of different inert 
ingredients used which additionally reduces the concentration of any 
single inert ingredient in the pesticide product in relation to that of 
the active ingredient. In the case of 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione, EPA made a 
specific adjustment to the dietary exposure assessment to account for 
the use limitations of the amount of 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione that may be in 
pesticide formulations (limited to no more than 0.5%) present at the 
maximum limitation rather than at equal quantities with the active 
ingredient.
    For the purpose of the screening level dietary risk assessment to 
support this request for an exemption from the requirement of a 
tolerance for 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione, a conservative drinking water concentration value of 
100 parts per billion (ppb) based on screening level modeling was used 
to assess the contribution to drinking water for chronic dietary risk 
assessments for 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-
9,10-anthracenedione.
    To assess dietary exposure due to its use in antimicrobial 
products, the EPA calculated the Estimated Daily Intake (EDI) and Daily 
Dietary Dose (DDD) as described in the Food Drug Administration (FDA) 
model, based on a maximum concentration of 300 ppm in the pesticide 
formulation. The assessment considered: application rates, residual 
solution or quantity of solution remaining on the treated surface 
without rinsing with potable water, surface area of the treated surface 
which comes into contact with food, pesticide migration fraction, and 
body weight. These assumptions are based on FDA guidelines (2003).
    2. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., for lawn and garden pest control, indoor pest control, 
termiticides, and flea and tick control on pets).
    Although there are non-pesticidal uses for 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione, no reliable 
exposure information is available to EPA on those uses. 1,4-bis[[3-[2-
(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione may be used 
as an inert ingredient in pesticide products that are registered for 
specific uses that may result in residential exposure, such as 
pesticides used in and around the home. Therefore, screening level 
residential handler and post-application risk assessments have been 
performed for common residential exposure scenarios, using assumptions 
detailed in the 2012 Residential SOPs (available at https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide).
    3. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when 
considering whether to establish, modify, or revoke a tolerance, the 
Agency consider ``available information'' concerning the cumulative 
effects of a particular pesticide's residues and ``other substances 
that have a common mechanism of toxicity.''
    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering 
whether to establish, modify, or revoke a tolerance, the Agency 
consider ``available information'' concerning the cumulative effects of 
a particular pesticide's residues and ``other substances that have a 
common mechanism of toxicity.''
    EPA has not found 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione to share a 
common mechanism of toxicity with any other substances, and 1,4-bis[[3-
[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione does not 
appear to produce a toxic metabolite produced by other substances. For 
the purposes of this tolerance exemption, therefore, EPA has assumed 
that 1,4-bis[[3-[2-(2-

[[Page 15044]]

hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione does not have a 
common mechanism of toxicity with other substances. For information 
regarding EPA's efforts to determine which chemicals have a common 
mechanism of toxicity and to evaluate the cumulative effects of such 
chemicals, see EPA's website at https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.

D. Additional Safety Factor for the Protection of Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an 
additional tenfold (10x) margin of safety for infants and children in 
the case of threshold effects to account for prenatal and postnatal 
toxicity and the completeness of the database on toxicity and exposure 
unless EPA determines based on reliable data that a different margin of 
safety will be safe for infants and children. This additional margin of 
safety is commonly referred to as the Food Quality Protection Act 
(FQPA) Safety Factor (SF). In applying this provision, EPA either 
retains the default value of 10x, or uses a different additional safety 
factor when reliable data available to EPA support the choice of a 
different factor.
    Based on the evaluation of available toxicity studies, there is low 
concern for pre- and postnatal susceptibility from exposure to chemical 
name. The FQPA safety factor has been reduced to 1x because: (1) the 
toxicity database is adequate to characterize potential pre- and 
postnatal risk; (2) the established PoD (110 mg/kg/day) will be 
protective of the body weight decreases in offspring seen at 1,000 mg/
kg/day in the combined reproduction/developmental toxicity screening 
study in rats; (3) no evidence of neurotoxicity was observed in the 
database; and (4) the assumptions for the exposure assessment are 
conservative and unlikely to underestimate risk.

E. Aggregate Risks and Determination of Safety

    EPA determines whether acute and chronic dietary pesticide 
exposures are safe by comparing aggregate exposure estimates to the 
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA 
calculates the lifetime probability of acquiring cancer given the 
estimated aggregate exposure. Short-, intermediate-, and chronic-term 
risks are evaluated by comparing the estimated aggregate food, water, 
and residential exposure to the appropriate PODs to ensure that an 
adequate MOE exists.
    1. Acute risk. An acute aggregate risk assessment takes into 
account acute exposure estimates from dietary consumption of food and 
drinking water. No adverse effect resulting from a single oral exposure 
was identified and no acute dietary endpoint was selected. Therefore, 
1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione is not expected to pose an acute risk.
    2. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione from food and water will utilize ~20.4% and 53.3% of 
the cPAD for the U.S. population and children 1 to 2 years old and non-
nursing infants (the most highly exposed populations).
    3. Short- and intermediate term risks. Short- and intermediate term 
aggregate exposures takes into account short- and intermediate-term 
residential exposures plus chronic exposures to food and water 
(considered to be a background exposure level).
    1,4-Bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione is currently used as an inert ingredient in non-
pesticidal products and pesticidal products that are registered for 
uses that could result in short- and intermediate-term residential 
exposures, and the Agency has determined that it is appropriate to 
aggregate chronic exposures through food and water with short- and 
intermediate-term residential exposures to 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione. Although, 
there are non-pesticide exposures (i.e. colorant for fabric and home 
care products including laundry) to 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione, aggregate 
exposures consider exposure due to pesticide uses only since no 
reliable exposure information is available for non-pesticidal uses.
    Using the exposure assumptions described in this unit for short- 
and intermediate-term exposures, EPA has concluded the combined short- 
and intermediate-term food, water, and residential exposures result in 
an aggregate risk index (ARI) of 4.3 for adults. Adult residential 
exposure combines high end dermal and inhalation handler exposure from 
aerosol spray/trigger pump with a high-end post application dermal 
exposure from contact with treated lawns. The combined short- and 
intermediate-term aggregated food, water, and residential pesticide 
exposures result in an aggregate ARI of 1.69 for children. Children's 
residential exposure includes total exposures associated with contact 
with treated lawns (dermal and hand-to-mouth exposures). Because EPA's 
level of concern for 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione is an ARI of 1 
or below, these ARIs are not of concern.

V. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since 
the Agency is not establishing a numerical tolerance for residues of 
1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione in or on any food commodities. EPA is establishing a 
limitation on the amount of 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione that may be 
used in pesticide formulations applied pre- and post-harvest, in/on 
animals; and in food contact sanitizing solutions. This limitation will 
be enforced through the pesticide registration process under the 
Federal Insecticide, Fungicide, and Rodenticide Act (``FIFRA''), 7 
U.S.C. 136 et seq. EPA will not register any pesticide formulation for 
food use that exceeds 0.5% 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione in the final 
pesticide formulations to be applied pre- and post-harvest, in/on 
animals; and not to exceed 300 ppm in the end-use concentration when 
ready for use antimicrobial formulations (food-contact surface 
sanitizing solutions).

B. Revisions to Petitioned-For Tolerances

    FFDCA section 408(d)(4)(A)(i) permits the Agency to finalize a 
tolerance that varies from that sought by the petition. EPA is 
establishing a tolerance exemption for residues of 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione (CAS Reg. No. 
123944-63-8) with concentration limits not sought by the petition based 
on the Agency's risk assessment.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is 
established for residues of 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione (CAS Reg. No. 
123944-63-8) when used as an inert ingredient (colorant/dye) in 
pesticide formulations applied to growing crops and raw agricultural 
commodities after harvest under 40 CFR 180.910 and in/

[[Page 15045]]

on animals under 40 CFR 180.930, limited to a maximum concentration of 
0.5% in a pesticide formulation 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 180.940(a) not to exceed 300 ppm in the end-use concentration.

VII. Statutory and Executive Order Reviews

    This action establishes exemptions from the requirement of a 
tolerance under FFDCA section 408(d) in response to a petition 
submitted to the Agency. The Office of Management and Budget (OMB) has 
exempted these types of actions from review under Executive Order 
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735, 
October 4, 1993). Because this action has been exempted from review 
under Executive Order 12866, this action is not subject to Executive 
Order 13211, entitled ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001), or Executive Order 13045, entitled ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997). This action does not contain any information 
collections subject to OMB approval under the Paperwork Reduction Act 
(PRA) (44 U.S.C. 3501 et seq.), nor does it require any special 
considerations under Executive Order 12898, entitled ``Federal Actions 
to Address Environmental Justice in Minority Populations and Low-Income 
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis 
of a petition under FFDCA section 408(d), such as the exemptions in 
this final rule, do not require the issuance of a proposed rule, the 
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.), do not apply.
    This action directly regulates growers, food processors, food 
handlers, and food retailers, not States or Tribes, nor does this 
action alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, the Agency has determined that 
this action will not have a substantial direct effect on States or 
Tribal governments, on the relationship between the National Government 
and the States or Tribal governments, or on the distribution of power 
and responsibilities among the various levels of government or between 
the Federal Government and Indian Tribes. Thus, the Agency has 
determined that Executive Order 13132, entitled ``Federalism'' (64 FR 
43255, August 10, 1999), and Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000), do not apply to this action. In addition, 
this action does not impose any enforceable duty or contain any 
unfunded mandate as described under Title II of the Unfunded Mandates 
Reform Act (UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.


    Dated: February 26, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
    Therefore, for the reasons stated in the preamble, EPA is amending 
40 CFR chapter I as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES 
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.910, amend table 1 to 180.910 by adding in alphabetical 
order an entry for ``1,4-Bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione (CAS Reg. No. 
123944-63-8)'' to read as follows:


Sec.  180.910  Inert ingredients used pre- and post-harvest; exemptions 
from the requirement of a tolerance.

* * * * *

                           Table 1 to 180.910
------------------------------------------------------------------------
      Inert ingredients              Limits                 Uses
------------------------------------------------------------------------
 
                              * * * * * * *
1,4-Bis[[3-[2-(2-             0.5% by weight......  Dye, coloring agent.
 hydroxyethoxy)ethoxy]propyl
 ]amino]-9,10-
 anthracenedione (CAS Reg.
 No. 123944-63-8).
 
                              * * * * * * *
------------------------------------------------------------------------


0
3. In Sec.  180.930, amend table 1 to 180.930 by adding in alphabetical 
order an entry for ``1,4-Bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione (CAS Reg. No. 
123944-63-8)'' to read as follows:


Sec.  180.930  Inert ingredients applied to animals; exemptions from 
the requirement of a tolerance.

* * * * *

[[Page 15046]]



                           Table 1 to 180.930
------------------------------------------------------------------------
      Inert ingredients              Limits                 Uses
------------------------------------------------------------------------
 
                              * * * * * * *
1,4-Bis[[3-[2-(2-             0.5% by weight......  Dye, coloring agent.
 hydroxyethoxy)ethoxy]propyl
 ]amino]-9,10-
 anthracenedione (CAS Reg.
 No. 123944-63-8).
 
                              * * * * * * *
------------------------------------------------------------------------


0
4. In Sec.  180.940, amend table 1 to paragraph (a) by adding in 
alphabetical order an entry for ``1,4-Bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione'' to read as 
follows:


Sec.  180.940  Tolerance exemptions for active and inert ingredients 
for use in antimicrobial formulations (Food-contact surface sanitizing 
solutions).

* * * * *
    (a) * * *

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
     Pesticide chemical           CAS Reg. No.             Limits
------------------------------------------------------------------------
 
                              * * * * * * *
1,4-Bis[[3-[2-(2-             123944-63-8.........  When ready for use,
 hydroxyethoxy)ethoxy]propyl                         the end-use
 ]amino]-9,10-                                       concentration is
 anthracenedione.                                    not to exceed 300
                                                     ppm.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2024-04355 Filed 2-29-24; 8:45 am]
BILLING CODE 6560-50-P