Notice2024-04059
Pesticides; Proposed Removal of Polytetrafluoroethylene From List of Approved Inert Ingredients for Pesticide Products
Primary source
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Published
February 28, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to remove polytetrafluoroethylene (CAS No. 9002-84-0) from the current list of inert ingredients approved for use in food use and nonfood use pesticide products because this inert ingredient has been identified as a per- and polyfluoroalkyl substance (PFAS) that is no longer used in any registered pesticide product.
Full Text
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<title>Federal Register, Volume 89 Issue 40 (Wednesday, February 28, 2024)</title>
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[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Notices]
[Pages 14646-14648]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04059]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2024-0041; FRL-11698-01-OCSPP]
Pesticides; Proposed Removal of Polytetrafluoroethylene From List
of Approved Inert Ingredients for Pesticide Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
remove polytetrafluoroethylene (CAS No. 9002-84-0) from the current
list of inert ingredients approved for use in food use and nonfood use
pesticide products because this inert ingredient has been identified as
a per- and polyfluoroalkyl substance (PFAS) that is no longer used in
any registered pesticide product.
DATES: Comments must be received on or before March 29, 2024.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2024-0041, online 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 or 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, Registration Division
(7505T), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone
number: (202) 566-1030; email address: <a href="/cdn-cgi/l/email-protection#386a7c7e6a76574c515b5d4b785d4859165f574e"><span class="__cf_email__" data-cfemail="d88a9c9e8a96b7acb1bbbdab98bda8b9f6bfb7ae">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 14647]]
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you engage in
activities related to the registration of pesticide products, including
but not limited to, the use of approved inert ingredients in registered
pesticide products. 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> Entities engaging in the formulation and preparation of
agricultural and household pest control chemicals or pesticide and
other agricultural and household pest control chemicals or inert
manufacturers and those who make proprietary inert ingredient
formulations or pesticide and other agricultural chemical manufacturing
generally (NAICS code 325320).
If you have any questions regarding the applicability of this
action to a particular entity, consult either person listed under FOR
FURTHER INFORMATION CONTACT.
B. What is the Agency's authority for taking this action?
This action is issued under the authority of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136-136y.
C. What action is the Agency taking?
EPA is considering removing from the inert ingredient list the
chemical polytetrafluoroethylene (CAS No. 9002-84-0), also known as
Teflon[supreg]. All pesticide products that initially used
polytetrafluoroethylene as an inert ingredient have been cancelled or
reformulated to no longer contain polytetrafluoroethylene. EPA believes
it is appropriate to remove polytetrafluoroethylene from the inert
ingredient list to prevent the introduction of this PFAS into new
pesticide formulations without additional EPA review.
D. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit CBI information to EPA through
email or <a href="https://www.regulations.gov">https://www.regulations.gov</a>. If you wish to include CBI in
your comment, please follow the applicable instructions at <a href="https://www.epa.gov/dockets/commenting-epa-dockets#rules">https://www.epa.gov/dockets/commenting-epa-dockets#rules</a> and clearly mark the
information that you claim to be CBI. 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>.
II. Background
A. What are inert ingredients?
Most pesticide products contain substances in addition to the
active ingredient(s) that are referred to as inert ingredients or
sometimes as ``other ingredients.'' An inert ingredient generally is
any substance (or group of similar substances) other than an active
ingredient that is intentionally included in a pesticide product.
Examples of inert ingredients include emulsifiers, solvents, carriers,
aerosol propellants, fragrances, and dyes. Additional information about
inert ingredients, including requirements, guidance and the InertFinder
tool, can be accessed at <a href="https://www.epa.gov/pesticideregistration/inert-ingredients-regulation">https://www.epa.gov/pesticideregistration/inert-ingredients-regulation</a>.
B. What is the approved list of inert ingredients?
EPA maintains a list of approved inert ingredients, available at
<a href="https://ordspub.epa.gov/ords/pesticides/f?p=INERTFINDER:1::::1::">https://ordspub.epa.gov/ords/pesticides/f?p=INERTFINDER:1::::1::</a>. Inert
ingredients that are on the approved list do not need further approval
prior to inclusion in a pesticide formulation. However, applications
for registration of individual formulations containing approved inert
ingredients are subject to data requirements in 40 CFR part 158,
regardless of whether the inert ingredient is on the approved list. If
an application for registration of a pesticide product includes inert
ingredients not on the approved list, the inert ingredient requires
approval under section 3 of FIFRA, 7 U.S.C. 136a, and payment of a fee
in accordance with section 33 of FIFRA, 7 U.S.C. 136w-8.
III. EPA's Proposed Action
A. Why is EPA considering this action?
PFAS are synthetic organic compounds that do not occur naturally in
the environment but have widespread use in commerce. The strong carbon-
fluorine bonds of PFAS make some of them resistant to degradation and
thus highly persistent in the environment. Some PFAS have been detected
in wildlife and in humans, indicating that at least some PFAS have the
ability to bioaccumulate. Thus, exposure to PFAS is an urgent public
health and environmental issue in the United States. As part of its
strategic roadmap to address risks posed by PFAS (<a href="https://www.epa.gov/system/files/documents/2021-10/pfas-roadmap_final-508.pdf">https://www.epa.gov/system/files/documents/2021-10/pfas-roadmap_final-508.pdf</a>), EPA
identified some specific actions to further the Agency's directives to
research, restrict, and remediate PFAS.
As part of the ``whole-of-agency'' approach to reduce PFAS use and
releases, EPA has reviewed the Agency's list of chemical substances
that have been approved for use as inert ingredients in pesticide
products to determine whether any of these inert ingredients are PFAS.
Based on that review, EPA is proposing to remove
polytetrafluoroethylene (CAS No. 9002-84-0) from the current list of
inert ingredients approved for use in food and nonfood pesticide
products because it is a PFAS, and it is no longer used in currently
registered pesticide products. This includes the revocation of the
tolerance exemption for polytetrafluoroethylene under 40 CFR 180.960.
B. What effect would this action have?
Once an inert ingredient is removed from the list, any proposed
future use of the inert ingredient would need to be supported by data
provided to and reviewed by the EPA as part of a new inert ingredient
submission request. The type of data needed to evaluate a new inert
ingredient may include, among others, studies to evaluate potential
carcinogenicity, adverse reproductive effects, developmental toxicity,
genotoxicity as well as environmental effects associated with any
chemical substance that is persistent or bioaccumulative. Information
regarding the inert ingredient approval process may be found at <a href="https://www.epa.gov/pesticide-registration/guidance-documents-inert-ingredients">https://www.epa.gov/pesticide-registration/guidance-documents-inert-ingredients</a>.
EPA suggests that pesticide registrants review their records to
ensure that the chemical substance, listed by chemical name and
Chemical Abstracts Service Registry Number (CAS No.), in the docket for
this action is no longer used as an inert ingredient in their
registered pesticide products. While EPA has endeavored to carefully
review its records, if a pesticide registrant is aware of a registered
product containing polytetrafluoroethylene, that registrant should
contact the Agency directly, using the contact listed under FOR FURTHER
INFORMATION CONTACT.
Similarly, producers of proprietary mixtures currently approved for
use as inert ingredients in pesticide products should also review their
records to ensure that the chemical substance listed in the docket for
this action is, in fact, not currently used in their proprietary
mixtures.
[[Page 14648]]
After the close of the comment period, EPA will consider all
comments received and determine an appropriate final action.
Dated: February 22, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2024-04059 Filed 2-27-24; 8:45 am]
BILLING CODE 6560-50-P
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