[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Proposed Rules]
[Pages 11126-11129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03600]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2013-0023; FRL-9378-4]
Receipt of Several Pesticide Petitions Filed for Residues of
Pesticide Chemicals in or on Various Commodities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of filing of petitions and request for comment.
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SUMMARY: This document announces the Agency's receipt of several
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 March 18, 2013.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (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.htm.
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: A contact person, with telephone
number and email address, is listed at the end of each pesticide
petition summary. You may also reach each contact person by mail at
Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001.
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
[[Page 11127]]
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).
If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed at the end of
the pesticide petition summary of interest.
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 submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
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 its receipt of several 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 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 the data or
information prescribed in FFDCA section 408(d)(2); however, EPA has not
fully evaluated the sufficiency of the submitted data at this time or
whether the data support 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), a summary of each of the petitions
that are the subject of this document, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available online 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.
New Tolerances
1. PP 2E8107. (EPA-HQ-OPP-2012-0899). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201W., Princeton,
NJ 08540, requests to establish tolerances in 40 CFR part 180 for
residues of the insecticide fenpropathrin, alpha-cyano-3-phenoxybenzyl
2,2,3,3-tetramethylcyclopropanecarboxylate, in or on barley, grain at
0.04 parts per million (ppm); barley, hay at 3.0 ppm; barley, straw at
2.0 ppm; vegetable, fruiting, group 8-10 at 1.0 ppm; fruit, citrus,
group 10-10 at 2.0 ppm; fruit, pome, group 11-10 at 5.0 ppm; bushberry
subgroup 13-07B at 3.0 ppm; fruit, vine climbing, except fuzzy
kiwifruit, subgroup 13-07F at 5.0 ppm; and berry, low growing, subgroup
13-07G at 2.0 ppm. Adequate analytical methodology is available to
detect and quantify fenpropathrin at residue levels in numerous
matrices. The methods use solvent extraction and partition and/or
column chromatography clean-up steps, followed by separation and
quantitation using capillary gas liquid chromatography (GLC) with flame
ionization detector (FID). Contact: Andrew Ertman, (703) 308-9367,
email address: [email protected].
2. PP 2E8119. (EPA-HQ-OPP-2012-0949). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201W., Princeton,
NJ 08540, requests to establish tolerances in 40 CFR part 180 for
residues of the fungicide triflumizole, [1-[1-((4-chloro-2-
(trifluoromethyl) phenyl)imino)-2propoxyethyl]-1H-imidazole] in or on
tomato at 1.5 ppm; fruit, pome, group 11-10 at 0.5 ppm; fruit, small,
vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 2.5 ppm; and
berry, low growing, subgroup, 13-07G at 2.0 ppm. The analytical method
is suitable for analyzing crops for residues of triflumizole and its
aniline containing metabolites at the proposed tolerance levels.
Residue levels of triflumizole are converted to FA-1-1 by acidic and
alkaline reflux, followed by distillation. Residues are then extracted
and subjected to solid phase extraction (SPE) purification. Detection
and quantitation are conducted by gas chromatograph equipped with
nitrogen phosphorus detector (GC/NPD), electron capture detector (ECD)
or mass spectrometry detection (MSD). Contact: Andrew Ertman, (703)
308-9367, email address: [email protected].
[[Page 11128]]
3. PP 2E8125. (EPA-HQ-OPP-2013-0014). Bayer CropScience, 2 T.W.
Alexander Drive, Research Triangle Park, NC 27709, requests to
establish tolerances in 40 CFR part 180 for residues of the herbicide
indaziflam, (N-[(1R, 2S)-2,3-dihydro-2,6-dimethyl-1H-inden-1-yl-1,3,5-
triazine-2,4-diamine]-6-(1-fluoroethyl)) and its fluoroethyl-indaziflam
metabolite, each expressed as the parent compound, in or on banana at
0.01 ppm; coffee at 0.01 ppm; and palm oil at 0.03 ppm. Indaziflam,
residues are quantified in raw agricultural commodities by high
pressure liquid chromatography/triple stage quadrupole mass
spectrometry (LC/MS/MS) using the stable isotopically labeled analytes
as internal standards. Contact: Maggie Rudick, (703) 347-0257, email
address: [email protected].
4. PP 2F8055. (EPA-HQ-OPP-2013-0010). KIM-C1, LLC, 2547 West Shaw
Avenue, Suite 116, Fresno, CA 93711, requests to establish temporary
tolerances in 40 CFR part 180 for residues of the plant growth
regulator forchlorfenuron, N-(2-chloro-4-pyridinyl-N'-phenylurea, in or
on almond; cherry, sweet; fig; pear; pistachio; plum; prune at 0.01
ppm; and the processed commodity almond, hulls at 0.15 ppm. The visible
ultraviolet (UV) detector and mass spectrophotometer (MS) detector are
used to measure and evaluate the chemical forchlorfenuron. Contact:
Marcel Howard, (703) 305-6784, email address: [email protected].
5. PP 2F8086. (EPA-HQ-OPP-2012-0919). Dow AgroSciences (DAS), LLC,
9330 Zionsville Road, Indianapolis, IN 46268, requests to establish
tolerances in 40 CFR part 180 for residues of the herbicide halauxifen-
methyl, including its metabolites and degradates, in or on the
commodities listed below. Compliance with the tolerance levels
specified is to be determined by measuring the combined residues of
halauxifen-methyl (Methyl 4-amino-3-chloro-6-(4-chloro-2-fluoro-3-
methoxyphenyl)pyridine-2-carboxylate) and halauxifen (4-amino-3-chloro-
6-(4-chloro-2-fluoro-3-methoxyphenyl) pyridine-2-carboxylic acid)
expressed as halauxifen-methyl (parent) equivalents, in or on barley,
grain at 0.01 ppm; barley, hay at 0.01 ppm; barley, straw at 0.01 ppm;
cattle, fat at 0.01 ppm; cattle, meat at 0.01 ppm; cattle, meat
byproducts at 0.01 ppm; goat, fat at 0.01 ppm; goat, meat at 0.01 ppm;
goat, meat byproducts at 0.01 ppm; horse, fat at 0.01 ppm; horse, meat
at 0.01 ppm; horse, meat byproducts at 0.01 ppm; milk at 0.01 ppm;
sheep, fat at 0.01 ppm; sheep, meat at 0.01 ppm; sheep, meat byproducts
at 0.01 ppm; wheat, forage at 0.5 ppm; wheat, grain at 0.01 ppm; wheat,
hay at 0.04 ppm; wheat, straw at 0.015 ppm. The residue profile of
halauxifen-methyl and halauxifen is adequately understood and an
acceptable analytical method is available for enforcement purposes. The
DAS analytical method study number 110004 outlining the ``Method
Validation for the Determination of Residues of Halauxifen-methyl
Ester, and Halauxifen in Agricultural Commodities, and Wheat Processed
Products using Offline Solid-Phase Extraction, and Liquid
Chromatography with Mass Spectrometry Detection'' was validated on a
variety of plant matrices. Contact: Maggie Rudick, (703) 347-0257,
email address: [email protected].
6. PP 2F8104. (EPA-HQ-OPP-2013-0011). KIM-C1, LLC, 2547 West Shaw
Avenue, Suite 116, Fresno, CA 93711, requests to establish tolerances
in 40 CFR part 180 for residues of the plant growth regulator
forchlorfenuron, N-(2-chloro-4-pyridinyl-N'-phenylurea, in or on
almond; cherry, sweet; fig; pear; pistachio; plum; and prune at 0.04
ppm and the processed commodity almond, hulls, at 0.15 ppm. The UV
detector and MS detector are used to measure and evaluate the chemical
forchlorfenuron. Contact: Marcel Howard, (703) 305-6784, email address:
[email protected].
7. PP 2F8120. (EPA-HQ-OPP-2013-0008). Dow AgroSciences, 9330
Zionsville Road, Indianapolis, IN 46268, requests to establish
tolerances in 40 CFR part 180 for combined residues of the
aminopyralid, (XDE-750: 4-amino-3,6-dichloropyridine-2-carboxylic acid)
and its glucose conjugate, expressed as total parent, in or on fish--
shellfish, mollusc at 0.01 ppm; fish--shellfish, crustacean at 0.01
ppm; fish--freshwater finfish at 0.04 ppm. Adequate analytical methods
for enforcement purposes are available to monitor residues of
aminopyralid in fish and shellfish. The analytical method GRM 07.08
uses liquid chromatography and positive ion electrospray tandem
spectrometry (LC/MS/MS). Contact: Bethany Benbow, (703) 347-8072, email
address: [email protected].
8. PP 2F8135. (EPA-HQ-OPP-2013-0051). 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
propiconazole, 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]
methyl]-1H-1,2,4-triazole, and its metabolites determined as 2,4,-
dichlorobenzoic acid and expressed as parent compound, in or on
rapeseed subgroup 20A at 0.3 ppm. The metabolism data in plants and
animals suggest that analytical methods to detect either the phenyl or
the triazole ring would be appropriate for the measurement of residues.
However, because of the natural occurrence of compounds that interfere
with the measurement of triazoles, methods designed to detect this
moiety have been proven unreliable and unacceptable. Conversely,
conversion of phenyl moiety to 2,4-dichlorobenzoic acid (DCBA) has
proven to be satisfactory for all agricultural products analyzed to
date. Analytical methods AG-626 and AG-454A were developed for the
determination of residues of propiconazole and its metabolites
containing the DCBA moiety. Analytical method AG-626 has been accepted
and published by EPA as the tolerance enforcement method for crops.
Contact: Erin Malone, (703) 347-0253, email address:
[email protected].
Amended Tolerances
1. PP 2E8107. (EPA-HQ-OPP-2012-0899). Interregional Research
Project Number 4 (IR-4), 500 College Road East, Suite 201W., Princeton,
NJ 08540, requests to amend the tolerances in 40 CFR 180.466 for
residues of the insecticide fenpropathrin, alpha-cyano-3-phenoxybenzyl
2,2,3,3-tetramethylcyclopropane-carboxylate, by removing the
established tolerances in or on the following commodities and crop
groups: Vegetable, fruiting, group 8; fruit, citrus, group 10; fruit,
pome, group 11; bushberry subgroup 13B; Juneberry; salal; grape; and
strawberry, upon approval of the proposed tolerances listed under ``New
Tolerance'' for PP 2E8107. Contact: Andrew Ertman, (703) 308-9367,
email address: [email protected].
2. PP 2F8129. (EPA-HQ-OPP-2013-0015). BASF Corporation, 26 Davis
Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528, requests
to amend 40 CFR 180.649 by amending tolerances for residues of
saflufenacil, including its metabolites and degradates, in or on the
raw agricultural commodities rice straw at 0.30 ppm. In addition, the
current commodity definition, ``Grain, cereal, forage, fodder and straw
group 16'' would be revised to ``Grain, cereal, forage, fodder and
straw group 16 (except rice straw)''. Compliance with the tolerances
levels is to be 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-
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(trifluoromethyl)-3,6-dihydro-1(2H)-pyrimidinyl)-4-fluorobenzoyl]-N'-
isopropyl sulfamide and N-[4-chloro-2-fluoro-5-
(([(isopropylamino)sulfonyl]amino)carbonyl) phenyl]urea, calculated as
the stoichiometric equivalent of saflufenacil, in or on the
commodities. Adequate enforcement methodology (liquid chromatography/
mass spectrometry/mass spectrometry (LCMS/MS) methods D0603/02 (plants)
and L0073/01 (livestock)) is available to enforce the tolerance
expression. Contact: Bethany Benbow, (703) 347-8072, email address:
[email protected].
New Tolerance Exemptions
1. PP IN-10524. (EPA-HQ-OPP-2012-0908). Ecolab, Inc., 370 N.
Wabasha Street, St. Paul, MN 55102, requests to establish an exemption
from the requirement of a tolerance for residues of Sorbitan, mono-9-
octadecenoate, poly(oxy-1,2-ethanediyl) derivs., (Z)- (CAS No. 9005-65-
6) when used as a pesticide inert ingredient in antimicrobial pesticide
formulations applied to food-contact surfaces in public eating places,
dairy processing equipment, and food processing equipment, and utensils
in accordance with 40 CFR 180.940(a). The petitioner believes no
analytical method is needed because it is not applicable to this inert
ingredient petition. Contact: Lisa Austin, (703) 305-7894, email
address: [email protected].
2. PP IN-10527. (EPA-HQ-OPP-2013-0003). Ecolab, Inc., 370 N.
Wabasha Street, St. Paul, MN 55102, requests to establish an exemption
from the requirement of a tolerance for residues of FD&C Green No. 3,
Disodium salt, (CAS No. 2353-45-9) when used as a pesticide inert
ingredient in antimicrobial pesticide formulations applied to food-
contact surfaces in public eating places, dairy processing equipment,
and food processing equipment, and utensils in accordance with 40 CFR
180.940(a). The petitioner believes no analytical method is needed
because it is not applicable to this inert ingredient petition.
Contact: Elizabeth Fertich, (703) 347-8560, email address:
[email protected].
3. PP IN-10540. (EPA-HQ-OPP-2013-0043). AgroFresh, Inc., 727
Norristown Road, Spring House, PA 19477-0904, requests to establish an
exemption from the requirement of a tolerance for residues of Styrene-
ethylene-propylene block copolymer (CAS No. 108388-87-0), number
average molecular weight greater than 100,000 daltons in or on all raw
agricultural commodities under 40 CFR 180.960 when used as a suspension
agent in agricultural formulations. The petitioner believes no
analytical method is needed based on the fact that this information is
generally not required when all criteria for polymer exemption are met
and when petitioning for an exemption from the requirements of a
tolerance without any numerical limitations. Contact: David Lieu, (703)
305-0079, email address: [email protected].
4. PP 2E8040. (EPA-HQ-OPP-2013-0057). Advanced Polymer Technology,
109 Conica Lane, P.O. Box 160, Harmony, PA 16037, requests to establish
an exemption from the requirement of a tolerance for residues of castor
oil, polymer with adipic acid, linoleic acid, oleic acid, and
ricinoleic acid, (CAS No. 1357486-09-9) 3,748 amu under 40 CFR 180.960
when used as an inert ingredient in pesticide formulations as a
solubilizer without limitations. Advanced Polymer Technology is
petitioning that castor oil, polymer with adipic acid, linoleic acid,
oleic acid and ricinoleic acid be exempt from the requirement of a
tolerance based upon the definition of a low-risk polymer under 40 CFR
723.250. Therefore, an analytical method to determine residues on
treated crops is not relevant. Contact: David Lieu, (703) 305-0079,
email address: [email protected].
List of Subjects in 40 CFR Part 180
Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.
Dated: February 7, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2013-03600 Filed 2-14-13; 8:45 am]
BILLING CODE 6560-50-P