Proposed Rule2022-18675
Receipt of Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities-July 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
August 30, 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 167 (Tuesday, August 30, 2022)</title>
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[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Proposed Rules]
[Pages 52868-52870]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18675]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 174 and 180
[EPA-HQ-OPP-2022-0161; FRL-9410-04-OCSPP]
Receipt of Pesticide Petitions Filed for Residues of Pesticide
Chemicals in or on Various Commodities--July 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 September 29, 2022.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition (PP) of interest identified in
Unit II., 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. For the latest status information
on EPA/DC services and access, visit <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (RD) (7505T), main telephone number: (202) 566-1030, email
address: <a href="/cdn-cgi/l/email-protection#2d7f696b7f634259444e485e6d485d4c034a425b"><span class="__cf_email__" data-cfemail="1d4f595b4f537269747e786e5d786d7c337a726b">[email protected]</span></a>. The mailing address 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.
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
[[Page 52869]]
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 CBI. Do not submit CBI to EPA through <a href="https://www.regulations.gov">https://www.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//epa-dockets">https://www.epa.gov//epa-dockets</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), and 40 CFR 180.7(b); 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 Tolerances for Non-Inerts
PP 1F8970. EPA-HQ-OPP-2022-0493. 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, mefenoxam
in or on leafy greens subgroup, 4-16A (except spinach) at 5 parts per
million (ppm); brassica leafy greens subgroup 4-16B at 5 ppm; brassica
head and stem vegetable crop group 5-16 at 2 ppm; stalk and stem
vegetable subgroup 22A (except celtuce, florence fennel and kohlrabi)
at 7 ppm; celtuce at 5 ppm; florence fennel at 5 ppm; kohlrabi at 2
ppm; leaf petiole vegetable subgroup 22B at 5 ppm; fruiting vegetables
subgroup 8-10 at 1 ppm; succulent shelled pea and bean crop subgroup 6B
at 0.2 ppm; and cottonseed crop subgroup 20C at 0.1 ppm. The analytical
method Syngenta Crop Protection Analytical Method ``Link K (2016)
Metalaxyl--Analytical Method GRM075.01A for the Determination of
Residues of Metalaxyl on Structurally Related Metabolites as Common
Moiety 2,6-Dimethylaniline (CGA72649) in Crops'' is used to measure and
evaluate the chemical mefenoxam. Contact: RD.
B. New Tolerance Exemptions for Inerts (Except PIPs)
1. PP IN-11671. EPA-HQ-OPP-2022-0505. Eastman Chemical Company, c/o
SciReg, Inc., 12733 Director's Loop, Woodbridge, VA 22192, requests to
establish an exemption from the requirement of a tolerance in 40 CFR
part 180.960 for residues of 1,3-Benzenedicarboxylic acid, 5-sulfo-,
sodium salt (1:1), polymer with 1,3-benzenedicarboxylic acid, 1,4-
cyclohexanedimethanol and 2,2'-oxybis[ethanol] (CAS Reg. No. 54590-72-
6), when used as a pesticide inert ingredient (dispersant and/or
emulsifier) 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.
2. PP IN-11672. EPA-HQ-OPP-2022-0596. Milliken Chemical, A Division
of Milliken & Company, 920 Milliken Road, Spartanburg, SC 29303,
requests to establish an exemption from the requirement of a tolerance
for residues of poly(oxy-1,2-ethanediyl), [alpha],[alpha]'-[[[4-[2-(4-
methyl-2-benzothiazolyl)diazenyl]phenyl]imino]di-2,1-
ethanediyl]bis[[omega]-hydroxy- (CAS Reg. No. 158172-12-4) when used as
a pesticide inert ingredient (colorant) in pesticide formulations
applied pre- and post-harvest under 40 CFR 180.910. The petitioner
believes no analytical method is needed because it is not required for
an exemption from the requirement of a tolerance. Contact: RD.
3. PP IN-11698. EPA-HQ-OPP-2022-0595. Spring Regulatory Sciences,
6620 Cypresswood Dr., Suite 250, Spring, TX 77379 on behalf of
Colorants Solutions USA LLC, 4000 Monroe Road, Charlotte, NC 28205,
requests to establish 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 a
pesticide inert ingredient (colorant/dye) in pesticide formulations
applied pre- and post-harvest under 40 CFR 180.910, in/on animals under
180.930 and use in antimicrobial formulations, food-contact surface
sanitizing solutions under 180.940(a). The petitioner believes no
analytical method is needed because it is not required for an exemption
from the requirement of a tolerance. Contact: RD.
[[Page 52870]]
C. New Tolerances for Inerts
PP 1E8945. EPA-HQ-OPP-2021-0853. Corteva Agriscience, 9330
Zionsville Rd., Indianapolis, IN 46268, requests to establish a
tolerance in 40 CFR part 180 for residues of the insecticide,
sulfoxaflor, in or on the raw agricultural commodity coffee, green bean
at 0.3 ppm and coffee, instant at 0.5. The liquid chromatography/mass
spectroscopy/mass spectroscopy (LC/MS/MS analysis) is used to measure
and evaluate the chemical sulfoxaflor, 1-(6-trifluoromethylpyridin-3-
yl) ethyl(methyl)-oxido-[lambda]4-sulfanylidenecyanamide. Contact: RD.
D. New Tolerances for Non-Inerts
1. PP 1E8933. EPA-HQ-OPP-2022-0671. Bayer CropScience, 800 N
Lindbergh Blvd., St. Louis, MO 63141, requests to establish a tolerance
in 40 CFR part 180 for residues of the insecticide deltamethrin, in or
on pea and bean, dried shelled, except soybean (crop group 6c) at 0.07
ppm. The gas chromatography equipped with an electron capture detector
(GC/ECD) is used to measure and evaluate the chemical deltamethrin.
Contact: RD.
2. PP 1F8971. EPA-HQ-OPP-2022-0493. Syngenta Crop Protection, LLC.,
P.O. Box 18300, Greensboro, NC 27419-8300, requests to establish a
tolerance in 40 CFR part 180 for inadvertent residues of the fungicide,
mefenoxam in or on sugarcane at 0.1 ppm. The analytical method Syngenta
Crop Protection Analytical Method ``Link K (2016) Metalaxyl--Analytical
Method GRM075.01A for the Determination of Residues of Metalaxyl on
Structurally Related Metabolites as Common Moiety 2,6-Dimethylaniline
(CGA72649) in Crops'' is used to measure and evaluate the chemical
mefenoxam. Contact: RD.
3. PP 1F8977. EPA-HQ-OPP-2022-0575. ADAMA AGAN c/o Makhteshim Agan
of North America, Inc. (d/b/a ADAMA), 3120 Highwoods Blvd., Suite 100,
Raleigh, NC 27604, requests to establish a tolerance in 40 CFR part 180
for residues of the herbicide metamitron in or on pome fruit (crop
group 11-10) at 0.01 ppm. The HPLC employing tandem mass spectrometric
(MS/MS) detection (LC-MS/MS) is used to measure and evaluate the
chemical metamitron. Contact: RD.
4. PP F8997. EPA-HQ-OPP-2022-0597. Syngenta Crop Protection, LLC,
P.O. Box 18300, Greensboro, NC 27419 requests to establish a tolerance
in 40 CFR part 180 for residues of the fungicide, Oxathiapiprolin, in
or on peanut hay at 0.15 ppm. The adequate analytical methodology,
high-pressure liquid chromatography with MS/MS detection, is available
for enforcement purposes is used to measure and evaluate the chemical
Oxathiapiprolin. Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: August 25, 2022.
Brian Bordelon,
Acting Director, Information Technology and Resources Management
Division, Office of Program Support.
[FR Doc. 2022-18675 Filed 8-29-22; 8:45 am]
BILLING CODE 6560-50-P
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