Proposed Rule2022-15518
Receipt of Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various June 2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 20, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 138 (Wednesday, July 20, 2022)</title>
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[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Proposed Rules]
[Pages 43231-43233]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15518]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 174 and 180
[EPA-HQ-OPP-2022-0161; FRL-9410-03-OCSPP]
Receipt of Pesticide Petitions Filed for Residues of Pesticide
Chemicals in or on Various June 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 August 19, 2022.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2022-0161, through the Federal eRulemaking
Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (RD) (7505P), main telephone number: (703) 305-7090, email
address: <a href="/cdn-cgi/l/email-protection#98cadcdecad6f7ecf1fbfdebd8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="52001614001c3d263b313721123722337c353d24">[email protected]</span></a>. 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:
<bullet> Crop production (NAICS code 111).
<bullet> Animal production (NAICS code 112).
<bullet> Food manufacturing (NAICS code 311).
<bullet> Pesticide manufacturing (NAICS code 32532).
B. What should I consider as I prepare my comments for EPA?
1. Submitting Confidential Business Information (CBI). Do not
submit this information to EPA through <a href="http://regulations.gov">regulations.gov</a> 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 <a href="https://www.epa.gov/dockets/comments.html">https://www.epa.gov/dockets/comments.html</a>.
3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.
II. What action is the Agency taking?
EPA is announcing receipt of pesticide petitions filed under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, requesting the establishment or modification of
regulations in 40 CFR part 174 or part 180 for residues of pesticide
chemicals in or on various food commodities. The Agency is taking
public comment on the requests before responding to the petitioners.
EPA is not proposing any particular action at this time. EPA has
determined that the pesticide petitions described in this document
contain data or information prescribed in FFDCA section 408(d)(2), 21
U.S.C. 346a(d)(2); however, EPA has not fully evaluated the sufficiency
of the submitted data at this time or whether the data supports
granting of the pesticide petitions. After considering the public
comments, EPA intends to evaluate whether and what action may be
warranted. Additional data may be needed before EPA can make a final
determination on these pesticide petitions.
Pursuant to 40 CFR 180.7(f), summaries of the petitions that are
the subject of this document, prepared by the petitioners, are included
in dockets EPA has created for these rulemakings. The dockets for these
petitions are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notice of the petitions so that the public has an
opportunity to comment on these requests for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petitions may be obtained
through the petition summaries referenced in this unit.
A. Amended Tolerance Exemptions for Inerts (Except PIPS)
IN-11470. (EPA-HQ-OPP-2021-0183). Croda, Inc., 300-A Columbus
Circle, Edison, NJ 08837 requests to amend an exemption from the
requirement of a tolerance for residues of styrene, copolymers with
acrylic acid and/or methacrylic acid, with none and/or one or more of
the following monomers: Acrylamidopropyl methyl sulfonic acid,
methallyl sulfonic acid, 3-sulfopropyl acrylate, 3-sulfopropyl
methacrylate, hydroxypropyl methacrylate, hydroxypropyl acrylate,
hydroxyethyl methacrylate, hydroxyethyl acrylate, and/or lauryl
methacrylate; and its sodium, potassium, ammonium, monoethanolamine,
and triethanolamine salts; the resulting polymer having a minimum
number average molecular weight (in amu), 1200 by adding poly (oxy-1,2-
ethanediyl),[alpha]-(2-methyl-1-oxo-2-propenyl)- [omega]-
[[Page 43232]]
methoxy- (CAS Reg. No. 26915-72-0) to the descriptor when used as a
pesticide inert ingredient 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. Amended Tolerances for Non-Inerts
1. PP 2F8992. (EPA-HQ-OPP-2022-0488). BASF Corporation, 26 Davis
Dr., P.O. Box 13528, Research Triangle Park, N.C. 27709, requests to
amend the tolerance(s) in 40 CFR 180.714 for residues of the
insecticide, broflanilide, including its metabolites and degradates, in
or on poultry, fat by increasing the tolerance from 0.02 ppm to 0.3
parts per million (ppm) and by increasing the tolerance in or on
poultry, meat byproducts from 0.02 ppm to 0.04 ppm. The BASF Analytical
Method Number D1604/01 and high-pressure liquid chromatography/triple
stage quadrupole mass spectrometry (LC/MS/MS) is used to measure and
evaluate the chemical broflanilide residues. Contact: RD.
2. PP 2F9002. (EPA-HQ-OPP-2022-0479). Bayer CropScience, 800 N.
Lindbergh Blvd., St. Louis, MO, 63141, requests to amend the tolerance
in 40 CFR 180.653 for residues of the herbicide indaziflam including
its metabolites and degradates in or on the raw agricultural
commodities: Grass forage, fodder, and hay group 17, forage at 50 ppm
and hay at 80 ppm and for livestock fat, meat, meat byproducts, milk
and milk fat at 0.1, 0.01, 0.30, 0.015, and 0.04 ppm respectively. The
LC/MS/MS method is used to measure and evaluate the chemical
indaziflam. Contact: RD.
C. New Tolerance Exemptions for Inerts (Except PIPS)
1. PP IN-11559. (EPA-HQ-OPP-2021-0305). Valent BioSciences LLC,
1910 Innovation Way, Suite 100, Libertyville, Il, 60048, requests to
establish an exemption from the requirement of a tolerance for residues
of malic acid (CAS Reg. No. 6915-15-7) when used as a pesticide inert
ingredient (buffering, stabilizing agent) in pesticide formulations
under 40 CFR 180.920. 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-11645. (EPA-HQ-OPP-2022-0390). Spring Regulatory Sciences,
6620 Cypresswood Dr., Suite 250, Spring, TX 77379 on behalf of Stepan
Company, 22 W. Frontage Rd., Northfield, IL 60093, requests to
establish an exemption from the requirement of a tolerance in 40 CFR
part 180.960 for residues of oxirane, 2-(phenoxymethyl)-, polymer with
oxirane, monobutyl ether, block (A CI) (CAS Reg. No. 1010819-15-4),
when used as a pesticide inert ingredient (surfactant and/or adjuvant
of surfactants) in pesticide formulations. The petitioner believes no
analytical method is needed because it is not required for an exemption
from the requirement of a tolerance. Contact: RD.
3. PP IN-11697. (EPA-HQ-OPP-2022-0507). The Dow Chemical Company,
715 E Main Street, Midland MI, requests to establish an exemption from
the requirement of a tolerance in 40 CFR part 180.960 for residues of
siloxanes and silicones, di-me, me hydrogen, reaction products with
vinyl group-terminated di-me siloxanes (CAS Reg. No. 156065-02-0) when
used as a pesticide inert ingredient (foam control additive) in
pesticide formulations. The petitioner believes no analytical method is
needed because it is not required for an exemption from the requirement
of a tolerance. Contact: RD.
D. New Tolerances for Non-Inerts
1. PP 1E8939. (EPA-HQ-OPP-2021-0789). BASF Corporation, 26 Davis
Dr., Research Triangle Park, NC 27709 requests to establish a tolerance
in 40 CFR part 180.589 for residues of the herbicide glufosinate-
ammonium (butanoic acid, 2-amino-4-(hydroxymethylphosphinyl)-
monoammonium salt) and its metabolites, 2-acetamido-4-
methylphosphinico-butanoic acid and 3-methylphosphinico-propionic acid,
expressed as 2-amino-4-(hydroxymethylphosphinyl)butanoic acid
equivalents in or on fresh tea leaves at 0.05 ppm and dried tea leaves
at 0.50 ppm. Analytical methods include water extraction, filtration,
addition of an isotopically labeled internal standard followed by solid
phase extraction and high-performance LC/MS/MS and are used to measure
and evaluate the chemical glufosinate-ammonium (butanoic acid, 2-amino-
4-(hydroxymethylphosphinyl)-monoammonium salt) and its metabolites, 2-
acetamido-4-methylphosphinico-butanoic acid and 3-methylphosphinico-
propionic acid, expressed as 2-amino-4-
(hydroxymethylphosphinyl)butanoic acid equivalents. Contact: RD.
2. PP 1E8952. (EPA-HQ-OPP-2021-0789). BASF Corporation, 26 Davis
Drive, Research Triangle Park, NC 27709 requests to establish a
tolerance in 40 CFR part 180.589 for residues of the herbicide
glufosinate-ammonium (butanoic acid, 2-amino-4-
(hydroxymethylphosphinyl)-monoammonium salt) and its metabolites, 2-
acetamido-4-methylphosphinico-butanoic acid and 3-methylphosphinico-
propionic acid, expressed as 2-amino-4-(hydroxymethylphosphinyl)
butanoic acid equivalents in or on rice, grain at 0.9 ppm. Analytical
methods include water extraction, filtration, addition of an
isotopically labeled internal standard followed by solid phase
extraction and LC/MS/MS and are used to measure and evaluate the
chemical glufosinate-ammonium(butanoic acid, 2-amino-4-
(hydroxymethylphosphinyl)-monoammonium salt) and its metabolites, 2-
acetamido-4-methylphosphinico-butanoic acid and 3-methylphosphinico-
propionic acid, expressed as 2-amino-4-
(hydroxymethylphosphinyl)butanoic acid equivalents. Contact: RD.
3. PP 2E8990. (EPA-HQ-OPP-2022-0508). Tea Association of the U.S.A.
Inc., 362 5th Avenue, Suite 1002, New York, NY 10001, requests to
establish a tolerance in 40 CFR part 180 for residues of the
insecticide cypermethrin ([cyano-(3-phenoxyphenyl)methyl]-3-(2,2-
dichloroethenyl)-2,2-dimethylcyclopropane-1-carboxylate), in or on tea,
dried at 15 parts ppm. The GC-ECD method C is used to measure and
evaluate the chemical cypermethrin. Contact: RD.
4. PP 2E8999. (EPA-HQ-OPP-2022-0502). Gowan Company P.O. Box 5569,
Yuma, AZ 85366, requests to establish a tolerance in 40 CFR part 180
for residues of the herbicide trifluralin in or on tea at 0.05 ppm. The
analytical method used is acetone water extraction with QuEChERS clean
up. Quantitation was performed by gas chromatography with tandem mass
spectrometric detection. This method is used to measure and evaluate
the chemical residues of trifluralin. Contact: RD.
5. PP 1F8974. (EPA-HQ-OPP-2022-0258). BASF Corporation, 26 Davis
Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528 requests
to establish a tolerance in 40 CFR part 180.666 for residues of the
fungicide fluxapyroxad (3-(difluoromethyl)-1-methyl-N-(3',4',5'-
trifluoro[1,1'-biphenyl]-2-yl)-1H-pyrazole-4-carboxamide) in or on
avocado at 0.6 ppm. Independently validated analytical methods that
have been submitted are used to measure and evaluate the chemical
fluxapyroxad and its metabolites, M700F008, M700F048, and M700F002.
Contact: RD.
6. PP 2F8986. (EPA-HQ-OPP-2022-0314). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419,
[[Page 43233]]
requests to establish a tolerance in 40 CFR part 180 for residues of
the fungicide, sedaxane (N-[2-[1,1'-bicyclopropyl]-2-ylphenyl]-3-
(difluoromethyl)-1-methyl-1H-pyrazole-4-carboxamide), in or on
vegetable, cucurbit, group 9 at 0.01 ppm and vegetable, dry bulb, crop
subgroup 3-07A at 0.01 ppm. Methods GRM023.01A and modified method
GRM023.01B, taken through an extraction procedure with final
determination by high-performance LC/MS/MS are used to measure and
evaluate the chemical Sedaxane in its cis and trans isomer forms.
Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: July 13, 2022.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2022-15518 Filed 7-19-22; 8:45 am]
BILLING CODE 6560-50-P
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