Proposed Rule2023-06112
Receipt of a Pesticide Petition Filed for Residues of Pesticide Chemicals in or on Various Commodities February 2023
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
March 24, 2023
Issuing agencies
Environmental Protection Agency
Abstract
This document announces the Agency's receipt of an initial filing of a pesticide petition 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 88 Issue 57 (Friday, March 24, 2023)</title>
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[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Proposed Rules]
[Pages 17778-17780]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-06112]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2023-0069; FRL-10579-02-OCSPP]
Receipt of a Pesticide Petition Filed for Residues of Pesticide
Chemicals in or on Various Commodities February 2023
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of filing of petition and request for comment.
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SUMMARY: This document announces the Agency's receipt of an initial
filing of a pesticide petition 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 April 24, 2023.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2023-0069, 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: Charles Smith, Biopesticides and
Pollution Prevention Division (BPPD) (7511M), main telephone number:
(202) 566-1400, email address: <a href="/cdn-cgi/l/email-protection#165446465250445879627f7573655673667738717960"><span class="__cf_email__" data-cfemail="0e4c5e5e4a485c40617a676d6b7d4e6b7e6f20696178">[email protected]</span></a>; or Dan
Rosenblatt, Registration Division (RD) (7505T), main telephone number:
(202) 566-2875, email address: <a href="/cdn-cgi/l/email-protection#5a081e1c0814352e33393f291a3f2a3b743d352c"><span class="__cf_email__" data-cfemail="2f7d6b697d61405b464c4a5c6f4a5f4e01484059">[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 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
[[Page 17779]]
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/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-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 a pesticide petition 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 request before responding to the petitioner. EPA is not proposing
any particular action at this time. EPA has determined that the
pesticide petition described in this document contains 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 petition. 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 this pesticide petition.
Pursuant to 40 CFR 180.7(f), a summary of the petition that is the
subject of this document, prepared by the petitioner, is included in a
docket EPA has created for this rulemaking. The docket for this
petition is 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 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.
A. Amended Tolerances for Non-Inerts
PP 2F9021. EPA-HQ-OPP-2020-0250. BASF Corporation Agricultural
Solutions, 26 Davis Drive; P.O. Box 13528, Research Triangle Park, NC
27709, requests to amend 40 CFR part 180.473 by modifying the
tolerances for residues of Glufosinate to include residues of L-
Glufosinate-ammonium, glufosinate-P-ammonium [(2S)-2-amino-4-
(hydroxymethylphosphinyl) butanoic acid -monoammonium salt] as measured
by the sum of glufosinate (2-amino-4-(hydroxymethylphosphinyl)butanoic
acid) and its metabolites, 2- (acetylamino)-4-(hydroxymethyl
phosphinyl) butanoic acid, and 3- (hydroxymethylphosphinyl) propanoic
acid, expressed as 2-amino-4-(hydroxymethylphosphinyl)butanoic acid
equivalents in or on, in or on canola, meal at 1.1 parts per million
(ppm); cattle, fat at 0.40 ppm; cattle, meal at 0.15 ppm; cattle, meat
byproducts at 6.0 ppm; corn, field, forage at 4.0 ppm; corn, field,
grain at 0.20 ppm; corn, field, stover at 6.0 ppm; corn, sweet, forage
at 1.5 ppm; corn, sweet, kernels plus cob with husks removed at 0.30
ppm; corn, sweet, stover at 6.0 ppm; cotton, gin byproducts at 30 ppm;
cotton, seed, subgroup C at 15.00 ppm; egg at 0.15 ppm; goat, fat at
0.40 ppm; goat, meat at 0.15 ppm; goat, meat byproducts at 6.0 ppm;
grain aspirated fractions at 25.00 ppm; hog, fat at 0.40 ppm; hog, meat
at 0.15 ppm; hog, meat byproducts at 6.0 ppm; horse, fat at 0.40 ppm;
horse, meat at 0.15 ppm; horse, meat byproducts at 6.0 ppm; milk at
0.15 ppm; poultry, fat at 0.15 ppm; poultry, meat at .15 ppm; poultry,
meat byproducts at 0.60 ppm; rapeseed, subgroup 20A at 0.4 ppm; sheep,
fat at 0.40 ppm; sheep, meat at 0.15 ppm; sheep, meat byproducts at 6.0
ppm; soybean at 2.0 ppm; soybean, hulls at 10.0 ppm and tolerances for
indirect or inadvertent residues on barley, hay at 0.4 ppm; barley,
straw at 0.4 ppm; buckwheat, fodder at 0.4 ppm; buckwheat, forage at
0.4 ppm; oat, forage at 0.4 ppm; oat, hay at 0.4 ppm; oat, straw at 0.4
ppm; rye, forage at 0.4 ppm; rye, straw at 0.4 ppm; teosinte at 0.4
ppm; triticale at 0.4 ppm; wheat, forage at 0.4 ppm; wheat, hay at 0.4
ppm; and wheat, straw at 0.4 ppm. The analytical methods water
extraction, filtration, addition of an isotopically labeled internal
standard followed by solid phase extraction and high-performance liquid
chromatography-electrospray ionization/tandem mass spectrometry (LC/MS/
MS) are used to measure and evaluate the chemical L-glufosinate
ammonium. Contact: RD.
B. New Tolerance Exemptions for Inerts (Except PIPS)
1. PP IN-11504. EPA-HQ-OPP-2021-0173. Landis International, Inc.
(3185 Madison Highway, Valdosta, GA 31603) on behalf of CJB Applied
Technologies, LLC (1105 Innovation Way, P.O. Box 5724, Valdosta, GA
31603) requests to amend 40 CFR part 180.910 in order to permit benzyl
alcohol (CAS Reg No. 100-51-6) as an adjuvant included in formulations
of pre-harvest crop protection products at concentrations up to 60% of
the formulation, and a tank mix-adjuvant added to pre-harvest spray
mixtures that contain crop protection products. 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-11624. EPA-HQ-OPP-2022-0942. Technology Sciences Group
Inc. (1150 18th Street NW, Suite 1000, Washington, DC 20036, on behalf
of Veto-Pharma (SAS12-14 Rue de la Croix-Martre 91120 Palaiseau,
France), requests to establish an exemption from the requirement of a
tolerance in 40 CFR 180.910 for residues of erucamide (CAS Reg. No.112-
84-5) as a lubricant inert ingredient in pesticide formulations when
applied on the raw agricultural commodities honey and honeycomb. 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-11658. EPA-HQ-OPP-2023-0065. Exponent (980 9th Street,
16th Floor, Sacramento, CA 95814), On behalf of UPL NA Inc. (EPA
Company Number 70506; 630 Freedom Business Center, Suite 402, King of
Prussia, PA 19406), requests to establish an exemption from the
requirement of a tolerance for residues of baicalin in both the
anhydrous (CAS Reg. No. 21967-41-9) and hydrous (CAS Reg. No. 206752-
33-2) forms, when used as a pesticide inert ingredient as a
(stabilizer) in pesticide formulations under 40 CFR 180.920 at a
maximum concentration of 10% in the end-use formulation. The petitioner
believes no analytical method is needed because it is not required for
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an exemption from the requirement of a tolerance. Contact: RD.
C. New Tolerance Exemptions for Non-Inerts (Except PIPS)
1. PP 1F8927. EPA-HQ-OPP-2023-0008. Danisco US, Inc., 925 Page Mill
Road, Palo Alto, CA 94304, requests to establish exemptions from the
requirement of a tolerance in 40 CFR part 180 for residues of the
fungicide, bactericide and nematicide Gluconobacter cerinus strain
BC18B and Hanseniaspora uvarum strain BC18Y in or on all food
commodities. The petitioner believes no analytical method is needed
because a petition from the required tolerance is being proposed.
Contact: BPPD.
2. PP 1F8955. EPA-HQ-OPP-2023-0143. Marrone Bio Innovations, D/B/A
Marrone Bio Innovations, Inc., 1540 Drew Avenue, Davis, CA 95618,
requests to establish an exemption from the requirement of a tolerance
in 40 CFR part 180 for residues of the insecticide, fungicide,
miticide, and nematicide inactivated Burkholderia rinojensis A396 cells
and spent fermentation media in or on all agricultural commodities. The
petitioner believes no analytical method is needed because a petition
for exemption from a tolerance is being submitted. Contact: BPPD.
3. PP 2F8991. EPA-HQ-OPP-2023-0083. BioConsortia, Inc., 279
Cousteau Place, Davis, CA 95618, requests to establish an exemption
from the requirement of a tolerance in 40 CFR part 180 for residues of
the fungicide and bactericide Bacillus velenzensis strain 11604 in or
on all food and feed commodities. The petitioner believes no analytical
method is needed because a petition from the required tolerance is
being proposed. Contact: BPPD.
4. PP 2F9017. EPA-HQ-OPP-2023-0146. UPL NA Inc., 630 Freedom
Business Center, Suite 402, King of Prussia, PA 19406, requests to
establish an exemption from the requirement of a tolerance in 40 CFR
part 180 for residues of the insecticide and nematicide Bacillus
licheniformis strain 414-01 in or on all raw agricultural commodities.
The petitioner believes no analytical method is needed because of the
lack of toxicity and pathogenicity demonstrated in the available
toxicological data. Contact: BPPD.
D. New Tolerance Exemptions for PIPS
IN 11746. EPA-HQ-OPP-2022-0990. Pioneer Hi-Bred International,
Inc., 7100 NW 62nd Avenue, P.O. Box 1000, Johnston, Iowa 50131,
requests to establish an exemption from the requirement of a tolerance
in 40 CFR part 174 for residues of the plant-incorporated protectant
(PIP) inert ingredient DGT-28 EPSPS protein derived from Streptomyces
sviceus in or on maize. The analytical method a validated ELISA was
used to determine the concentration of DGT-28 EPSPS protein in maize
tissues, including grain and forage is available to EPA for the
detection and measurement of the inert residues. Contact: BPPD.
E. New Tolerances for Non-Inerts
1. PP 0F8857. EPA-HQ-OPP-2021-0290. This posting is amending the
previous NOF dated October 21, 2021, by announcing commodities that
were not included in the previous NOF. Taminco US LLC, a subsidiary of
Eastman Chemical Company, 200 S Wilcox Drive, Kingsport, TN 37660-5147,
requests to establish a tolerance in 40 CFR part 180 for residues of
the plant growth regulator chlormequat chloride in or on Aspirated
grain fractions (AGF) at 30 ppm; barley, hay at 90 ppm; barley, straw
at 50 ppm; horse, meat byproducts at 1 ppm; horse, meat at 0.2 ppm;
oat, forage at 15 ppm; oat, hay at 100 ppm; oat, straw at 50 ppm;
wheat, bran at 15 ppm; wheat, germ at 20 ppm; wheat, forage at 30 ppm;
wheat, hay at 90 ppm; and wheat, straw at 80 ppm. The validated LC/MS/
MS method is used to measure and evaluate the chemical residues of
chlormequat chloride in plants and animal products. Contact: OPP-RD.
2. 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 ppm. The LC/MS/MS analysis is
used to measure and evaluate the chemical sulfoxaflor, 1-(6-
trifluoromethylpyridin-3-yl) ethyl(methyl)-oxido-l4-
sulfanylidenecyanamide. Contact: RD.
3. PP2F8983.EPA-HQ-OPP-2022-0354.Valent U.S.A. LLC, 4600 Norris
Canyon Road, P.O. Box 5075, San Ramon, CA 94583, requests to establish
a tolerance in 40 CFR part 180 for residues of theherbicide
epyrifenacil in or oncanola, seed at0.005 ppm; corn, field, forage at
0.01 ppm; corn, field, stover at 0.01 ppm; corn, field, seed at 0.005
ppm; corn, field, hulls at 0.005 ppm; corn, field, meal at 0.005 ppm;
soybean, forage at 0.01 ppm; soybean, hay at 0.01 ppm; soybean, seed at
0.005 ppm; soybean, hulls at 0.005 ppm; soybean, meal at 0.005 ppm;
wheat, seed at 0.005 ppm; wheat, forage at 0.01 ppm; wheat, hay at 0.01
ppm; wheat, straw at 0.01 ppm; wheat, bran at 0.005 ppm; wheat, flour
at 0.005 ppm; wheat, middlings at 0.005 ppm; wheat, shorts at 0.005
ppm; and wheat, germ at 0.005 ppm. Thehigh-performance LC/MS/MS methods
are used to measure and evaluate the chemicalepyrifenacil (S-3100).
Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: March 20, 2023.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2023-06112 Filed 3-23-23; 8:45 am]
BILLING CODE 6560-50-P
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