[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Rules and Regulations]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4773]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
Peroxyacetic Acid; Amendment to an Exemption From the Requirement
of a Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: This regulation amends the existing tolerance exemption for
peroxyacetic acid by establishing an exemption from the requirement of
a tolerance for residues of the biochemical pesticide peroxyacetic acid
(PAA) and its metabolites and degradates, including hydrogen peroxide
(HP) and acetic acid (AA), in or on all food commodities, when PAA is
used as a biochemical pesticide in accordance with good agricultural
practices. BioSafe Systems, LLC submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act (FFDCA), requesting that EPA amend
the existing PAA tolerance exemption. This regulation eliminates the
need to establish a maximum permissible level for residues of PAA under
DATES: This regulation is effective March 4, 2011. Objections and
requests for hearings must be received on or before May 3, 2011, 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: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2008-0021. All documents in the
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Cheryl Greene, Biopesticides and
Pollution Prevention Division (7511P), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-0352; e-mail address: firstname.lastname@example.org.
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.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
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 Government Printing Office's e-CFR site at http://www.gpoaccess.gov/ecfr. To access the harmonized test guidelines
referenced in this document electronically, please go to http://www.epa.gov/ocspp and select ``Test Methods and Guidelines.''
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-2008-0021 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 May 3, 2011. 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 that does not contain any 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 a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2008-0021, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: OPP Regulatory Public Docket (7502P), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
II. Background and Statutory Findings
In the Federal Register of February 13, 2008 (73 FR 8311) (FRL-
8349-5), EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 7F7262) by BioSafe Systems, LLC, 22 Meadow Street, East
Hartford, CT 06108. The petition proposed to establish an exemption
from the requirement of a tolerance for residues of the biochemical
pesticide, peroxyacetic acid in or on all agricultural commodities when
used as a biochemical pesticide. This notice referenced a summary of
the petition prepared by the petitioner, BioSafe Systems, LLC, which is
available in the docket, http://www.regulations.gov. There were no
comments received in response to the notice of filing.
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 exemption 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. Pursuant to section 408(c)(2)(B) of FFDCA, in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
section 408(b)(2)(C) of FFDCA, which require EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance exemption 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 * * *.'' Additionally, section 408(b)(2)(D) of FFDCA requires
that EPA 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(a)(3) of FFDCA states that residues of metabolites or
degradates of pesticide chemicals ``shall not be considered to be
unsafe * * * despite the lack of a tolerance or exemption from the need
for a tolerance for such residue in or on such food'' if three
conditions are met. First, the Agency must not have determined that the
degradation product ``is likely to pose any potential health risk from
dietary exposure that is of a different type than, or of a greater
significance than, any risk posed by dietary exposure to the precursor
substance''. Second, for purposes of this action, an exemption exists
for residues of the precursor substance. Third, again for purposes of
this action, the exemption for residues of the precursor substance does
not expressly exclude residues of the metabolites or degradates.
EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.
III. Toxicological Profile
Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness, and reliability
and the relationship of this information 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.
The purpose of this rulemaking is to amend the existing tolerance
exemption for PAA to allow for residues of PAA and its metabolites and
degradates, including HP and AA in or on all food commodities, when
such residues result from its use as a biochemical pesticide in
accordance with good agricultural practices. At high concentrations,
PAA is a highly corrosive, colorless, organic compound that is formed,
and only exists in equilibrium, with hydrogen peroxide and acetic acid.
The current exemptions for residues of PAA allow application of PAA,
after dilution to specific concentrations in parts per million (ppm),
as an antimicrobial treatment to fruits, vegetables, tree nuts, cereal
grains, herbs, spices, and as a sanitizing solution to tableware,
utensils, dishes, pipelines, tanks, vats, fillers, evaporators,
pasteurizers, aseptic equipment, milking equipment, and food processing
equipment in food handling establishments. (40 CFR 180.1196).
B. Toxicity of PAA
1. Acute toxicity. Acute toxicity data and information submitted to
support the exemption from the requirement of a tolerance for
peroxyacetic acid were conducted on the technical blend of peroxyacetic
acid, acetic acid and hydrogen peroxide. PAA is always sold in solution
with AA and HP to maintain stability of the chemical. Further, all
three active ingredients have an identical mode of action as strong
oxidizing agents that disrupt cell membranes because of the low ph.
This information confirms the toxicity profile of peroxyacetic acid,
acetic acid and hydrogen peroxide. The results of the toxicology
studies as conducted on the technical blend are reported in the table
of Unit III.B.1.
Table--Toxicology Studies Results
Study type Study results
Acute oral toxicity............... The acute oral median LD50 = 3,622
milligrams/kilograms (mg/kg) for
male and female rats given a
solution containing 5.6% PAA, 26.9%
H2O2, and 7.6% HOAc. This technical
blend is Toxicity category III for
acute oral toxicity. (Master Record
Identification Number [MRID No.]
47237802, Ref. 1). (ECETOC, Ref.
Acute dermal toxicity............. The acute dermal LD50 = 1,040 mg/kg
(Tox category II) for female
rabbits after a 24-hr semi-
occlusive exposure to a solution
containing 4.89% PAA, 19.72% H2O2,
and 10% HOAc. (Ref. 1 and 2).
Acute inhalation toxicity......... The acute inhalation median LC50 >
5.35 mg/L for male and female rats
exposed for 4 hr to aerosol of
solution containing 4.5% PAA, 27%
H2O2, and 16.7% HOAc. (Ref. 1 and
Primary eye irritation............ Due to pH of 0.82 for 2.0% solution
and pH 0.82 for 5.0% solution, PAA
is assumed to be a severe irritant;
>= 0.2% PAA was severely irritating
or corrosive to the eye, 0.15% was
mildly irritating to the rabbit
eye, and 0.034% caused very slight
irritation. (Ref. 1 and 2).
Primary dermal irritation......... Due to pH of 0.82 for 2.0% solution
and pH 0.82 for 5.0% solution, PAA
is assumed to be a severe irritant.
(Ref. 1 and 2).
2. Subchronic toxicity. Based on its acute toxicity profile, use
pattern and biodegradation properties, rapid degradation half lives for
degradates, residues of PAA and its degradates, including AA and HP,
are not expected to result in significant dietary exposure beyond the
levels expected in background dietary exposures. Nonetheless,
information from the open scientific literature to address the
subchronic oral, dermal and inhalation toxicity guidelines testing,
satisfied the data requirements for subchronic toxicity and indicated
that PAA and its degradates have no subchronic toxicological effect.
C. Degradates of PAA
PAA degrades rapidly to AA and HP, and HP further degrades to water
and oxygen; therefore, the final degradation products of PAA are AA,
water, and oxygen. As stated in Unit II., section 408(a)(3) allows
degradates of precursor substances to be covered by the exemption for
the precursor substance as long as, inter alia, the Administrator has
not determined that the degradation product ``is likely to pose any
potential health risk from dietary exposure that is of a different type
than, or of a greater significance than, any risk posed by dietary
exposure to the precursor substance''. For PAA and its degradates AA
and HP, EPA has made no such determination. The following discussion
summarizes the Agency's previous assessments of AA and HP.
1. Acetic acid. AA is a substance found in most plants and animals,
including primates and humans, and is naturally produced during the
fermentation process in a wide range of foods. Furthermore, AA has a
long history of use as a food additive, is the main acid in vinegar,
and is found in wine, beer, and similarly brewed beverages and
fermented food items (e.g., sauerkraut). The Food and Drug
Administration (FDA) classifies AA as Generally Recognized as Safe
(GRAS) as a direct food substance (21 CFR 184.1005) and as a general
purpose food additive (21 CFR 582.1005). Furthermore, information from
the open literature indicates that AA has little or no toxicity from an
acute oral perspective (toxicity category III; median lethal dose
(LD50) = 3,310 mg/kg). Data also indicate that AA has no
subchronic, developmental, or mutagenic toxicological effects. (Ref.
2. Hydrogen peroxide. Previously, EPA assessed HP for potential
risks to the U.S. population, including infants and children, and
concluded that, since HP itself degrades rapidly into oxygen and water,
residues of a solution that contains 1% HP are not expected to remain
in or on food. Hydrogen peroxide is listed by the FDA as GRAS.
Additionally, hydrogen peroxide is used to treat food at a maximum
level of 0.05% in milk used in cheesemaking, 0.04% in whey, 0.15% in
starch and corn syrup, and 1.25% in emulsifiers containing fatty acid
esters as bleaching agents (21 CFR 184.1366). As a GRAS substance,
hydrogen peroxide may be used in washing or to assist in the lye
peeling of fruits and vegetables (21 CFR 173.315). The information from
open literature demonstrated that solutions containing 6% hydrogen
peroxide have an acute oral LD50 >/= 5,000 mg/kg in rats
(toxicity category III), an acute dermal LD50 >/= 10,000 mg/
kg in rabbits (toxicity category IV), and an inhalation LC50
of 4 milligram/liter (mg/L) (toxicity category IV). The 6% hydrogen
peroxide solutions are mild irritants to rabbit skin and cause severe
irreversible corneal injury in half of the exposed rabbits (toxicity
category I). Toxicology information from open literature demonstrated
that solutions which contained 50% hydrogen peroxide have an acute oral
LD50 < 500 mg/kg in rats (toxicity category II), and an
acute dermal LD50 < 1,000 mg/kg in rabbits (toxicity
category II). No deaths resulted after an 8-hour exposure of rats to
saturated vapors of 90% hydrogen peroxide, LC50 = 4 mg/L
(2,000 ppm). Solutions which contain 50% hydrogen peroxide also are
extremely irritating (corrosive) to rabbit eyes (toxicity category I).
EPA has concluded that for food use at an application rate of 1%,
hydrogen peroxide has no apparent acute toxicity and subchronic
toxicity end points exist to suggest a significant toxicity. An RfD
(chronic toxicity) for hydrogen peroxide has not been estimated because
of its short half-life in the environment and lack of any residues of
toxicological concern. (Ref. 4).
IV. Aggregate Exposure
In examining aggregate exposure, section 408 of FFDCA directs EPA
to consider available information concerning exposures from the
pesticide residue in food and all other non-occupational exposures,
including drinking water from ground water or surface water and
exposure through pesticide use in gardens, lawns, or buildings
(residential and other indoor uses).
A. Dietary Exposure
Dietary exposure to residues of PAA and its degradate components,
AA and HP, are expected to be virtually nonexistent at the time of
consumption. Even in the event of unlikely exposure, the information
supporting this tolerance exemption demonstrates that any dietary risks
would be negligible.
1. Food. When used as a soil treatment, the Agency does not expect
there to be any residues of PAA or its degradates because PAA breaks
down rapidly on contact with soil, which precludes uptake of PAA by
plants. The rate of degradation can be affected by the concentration of
PAA in a solution and environmental conditions (e.g., temperature and
pH of the environment
in which the PAA is applied), but the Agency expects that PAA, when
used as a biochemical pesticide for applications to soil or foliage or
greenhouse structures, will likely degrade within 24 hours following
application. This is because good agricultural practices generally
require a soil pH of 5 to 7, at which level PAA degrades in less than
24 hours. Regardless of the time required for PAA to break down, the
use of this biochemical pesticide as a pre-plant soil treatment would
occur before any food crops would be present, and degradation would
prevent uptake by plants; thus, no residues are expected from use as a
soil treatment to sterilize the soil and kill pathogens in soils.
When used to treat plants directly, the Agency anticipates that PAA
will be applied to the plant at concentrations that will not cause
damage to the plant. At such concentrations, the Agency expects PAA to
degrade within 24 hours into AA, oxygen, and water because PAA begins
to degrade immediately upon contact with organic matter. Therefore, the
Agency has determined that there will be little to no exposure to PAA
from direct treatment of plants.
2. Drinking water exposure. The Agency expects there to be little
to no exposure of humans to PAA and its degradates in drinking water
since PAA degrades quickly in water, i.e., within 24 hours, especially
water bodies with neutral or alkaline pH levels, into AA, oxygen, and
water. In the event that residues of the degradates are present, the
levels of the degradates do not present a risk concern based on the
foreseeable rates at which PAA is likely to be applied.
B. Other Non-Occupational Exposure
Non-occupational exposure is not expected since PAA rapidly
degrades and is non-persistent in the environment.
V. Cumulative Effects From Substances With a Common Mechanism of
Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, EPA 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 peroxyacetic acid to share a common mechanism of
toxicity with any other substances, and peroxyacetic acid does not
appear to produce a toxic metabolite as its mode of action against the
target pests. For the purposes of this tolerance action, therefore, EPA
has assumed that peroxyacetic acid 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 Web site
VI. Determination of Safety for U.S. Population, Infants and Children
1. U.S. population. Based on the lack of exposure to much, if any,
PAA and its metabolites and degradates, including HP and AA, the Agency
has concluded that there is reasonable certainty that no harm will
result to the general U.S. population, including infants and children,
from aggregate exposure to PAA and its metabolites and degradates,
including HP and AA. This includes all anticipated dietary exposures
and all other exposures for which there is reliable information.
2. Infants and children. FFDCA section 408(b)(2)(C) provides that
EPA shall apply an additional tenfold margin of exposure (MOE) for
infants and children in the case of threshold effects to account for
prenatal and postnatal toxicity and the completeness of the data base
on toxicity and exposure, unless EPA determines that a different MOE
will be safe for children. MOEs, which are often referred to as
uncertainty (safety) factors, are incorporated into EPA risk
assessments either directly, or through the use of a MOE analysis or by
using uncertainty factors in calculating a dose level that poses no
appreciable risk. Because there are no threshold effects of concern to
infants, children, and adults from PAA and its metabolites or
degradates, including HP and AA, the Agency concludes that the
additional MOE is not necessary to protect infants and children and
that removing the FQPA safety factor will be safe for infants and
VII. Other Considerations
A. Analytical Enforcement Methodology
An analytical method is not required for enforcement purposes since
EPA is establishing an exemption from the requirement of a tolerance
without any numerical limitation.
B. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint U.N. Food and
Agriculture Organization/World Health Organization food standards
program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
The Codex has not established a MRL for peroxyacetic acid.
EPA concludes that there is a reasonable certainty that no harm
will result to the U.S. population, including infants and children,
from aggregate exposure to residues of peroxyacetic acid and its
metabolites and degradates, including AA and HP. Therefore, the
existing tolerance exemption for PAA is amended to establish a
tolerance exemption for residues of the biochemical pesticide,
peroxyacetic acid, in or on all food commodities, when used in
accordance with good agricultural practices.
1. Mileson, B.E. 2007. Biochemical Pesticide Data Required for
Zerotol 2.0. Submitted by BioSafeSystems LLC. MRID 472378002.
2. ECETOC, 2001. Peroxyacetic Acid (CAS No. 79-21-0) and its
Equilibrium Solutions. Joint Assessment of Commodity Chemicals, JACC
No 40. European Centre for Ecotoxicology and Toxicology of
Chemicals. Brussels, pp. 27-32. January 2001.
3. Environmental Protection Agency. [EPA-HQ-OPP-2010-0561; FRL-8833-
8]. Acetic Acid: Exemption from the Requirement of a Tolerance.
Final Rule; 75 FR 40736, July 14, 2010.
4. Environmental Protection Agency. [OPP-2002-0042; FRL-6835-3].
Hydrogen Peroxide; An amendment to an Exemption from the Requirement
of a Tolerance; Technical Correction. Final Rule; Technical
Correction; 67 FR 41844, June 20, 2002; Corrected 67 FR 9214,
February 28, 2002, FRL-6822-7.
X. Statutory and Executive Order Reviews
This final rule establishes a tolerance exemption under section
408(d) of FFDCA in response to a petition submitted to EPA. 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 final rule has been
exempted from review under Executive Order 12866, this final rule 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 final rule 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 section 408(d) of FFDCA, such as the tolerance
exemption 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 final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, EPA 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, EPA 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 final rule. In addition, this final rule
does not impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104-4).
This action does not involve any technical standards that would
require EPA consideration of voluntary consensus standards pursuant to
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
XI. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. 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 this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
Dated: February 17, 2011.
Keith A. Matthews,
Director, Biopesticides and Pollution Prevention Division, Office of
Therefore, 40 CFR chapter I is amended as follows:
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In Sec. 180.1196, add paragraph (c) to read as follows:
Sec. 180.1196 Peroxyacetic acid; exemption from the requirement of a
* * * * *
(c) An exemption from the requirement of a tolerance is established
for residues of the biochemical pesticide peroxyacetic acid and its
metabolites and degradates, including hydrogen peroxide and acetic
acid, in or on all food commodities, when used in accordance with good
[FR Doc. 2011-4773 Filed 3-3-11; 8:45 am]
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