Captan, 2,4-D, Dodine, DCPA, Endothall, Fomesafen, Propyzamide, Ethofumesate, Permethrin, Dimethipin, and Fenarimol; Proposed Tolerance Actions, 31221-31237 [E7-10863]
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Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Proposed Rules
instructions provided in Unit I.B. of the
SUPPLEMENTARY INFORMATION of the
April 6, 2007 proposed rule.
II. What Action is EPA Taking?
III. What is the Agency’s Authority for
Taking this Action?
Section 201(q)(3) of FFDCA, as
amended by the Food Quality Protection
Act (FQPA), allows the Administrator,
under specified conditions, to except by
regulation certain substances from the
definition of ‘‘pesticide chemical’’ or
‘‘pesticide chemical residue’’ if(A) Its occurrence as a residue on or
in a raw agricultural commodity or
processed food is attributable primarily
to natural causes or human activities not
involving the use of any substance for
a pesticidal purpose in the production,
storage, processing, or transportation of
any raw agricultural commodity or
processed food; and
(B) The Administrator, after
consultation with the Secretary,
determines that the substance more
appropriately should be regulated under
one or more provisions of this Act other
than sections 402(a)(2)(B) and 408.
List of Subjects in 40 CFR Part 180
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Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and record-keeping
requirements.
BILLING CODE 6560–50–S
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40 CFR Part 180
[EPA–HQ–OPP–2007–0097; FRL–8122–7]
This document reopens the comment
period established in a proposed rule
published in the Federal Register of
April 6, 2007 (72 FR 17068) (FRL–8119–
8). In that document, pursuant to
FFDCA section 201(q)(3), EPA proposed
to amend the current exception at 40
CFR §180.4 such that inert ingredients
of food packaging (paper and
paperboard, coatings, adhesives and
polymers) are excepted from the
definition of ‘‘pesticide chemical’’ or
‘‘pesticide chemical residue’’, when the
food packaging has been treated with a
pesticide. EPA is reopening the
comment period for 30 days. The new
comment period ends on July 6, 2007.
Dated: May 21, 2007.
Janet L. Andersen,
Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs
[FR Doc. E7–10693 Filed 6–5–07; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
Captan, 2,4-D, Dodine, DCPA,
Endothall, Fomesafen, Propyzamide,
Ethofumesate, Permethrin, Dimethipin,
and Fenarimol; Proposed Tolerance
Actions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to revoke
certain tolerances for captan, 2,4-D,
dodine, endothall, propyzamide,
permethrin, ethofumesate and
dimethipin. Also, EPA is proposing to
modify certain tolerances for captan,
2,4-D, dodine, DCPA, endothall,
propyzamide, permethrin,
ethofumesate, and fomesafen. In
addition, EPA is proposing to establish
new tolerances for captan, 2,4-D,
dodine, propyzamide, permethrin, and
ethofumesate. The regulatory actions
proposed in this document are in
follow-up to the Agency’s reregistration
program under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), and the tolerance reassessment
requirements of the Federal Food, Drug,
and Cosmetic Act (FFDCA) section
408(q).
Comments must be received on
or before August 6, 2007.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2007–0097, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• 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’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 telephone number is (703) 305–
5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2007–
0097. EPA’s policy is that all comments
received will be included in the docket
DATES:
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without change and may be made
available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or email. The Federal regulations.gov
website is an ‘‘anonymous access’’
system, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
e-mail comment directly to EPA without
going through regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the docket
and made available on the Internet. If
you submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD-ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the docket index available
in regulations.gov. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
web site to view the docket index or
access available documents. Although
listed in the index, some information is
not publicly available, e.g., 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 either in the
electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400,
One Potomac Yard (South Bldg.), 2777
S. Crystal Dr., Arlington, VA. The hours
of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
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Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Proposed Rules
Jane
Smith, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 308–
0048; e-mail address: smith.janescott@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. General Information
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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. To determine whether
you or your business may be affected by
this action, you should carefully
examine the applicability provisions in
Unit II.A. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or e-mail. 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.
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2. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify the document by docket ID
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions. The Agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
C. What Can I do if I Wish the Agency
to Maintain a Tolerance that the Agency
Proposes to Revoke?
This proposed rule provides a
comment period of 60 days for any
person to state an interest in retaining
a tolerance proposed for revocation. If
EPA receives a comment within the 60–
day period to that effect, EPA will not
proceed to revoke the tolerance
immediately. However, EPA will take
steps to ensure the submission of any
needed supporting data and will issue
an order in the Federal Register under
FFDCA section 408(f) if needed. The
order would specify data needed and
the time frames for its submission, and
would require that within 90 days some
person or persons notify EPA that they
will submit the data. If the data are not
submitted as required in the order, EPA
will take appropriate action under
FFDCA.
EPA issues a final rule after
considering comments that are
submitted in response to this proposed
rule. In addition to submitting
comments in response to this proposal,
you may also submit an objection at the
time of the final rule. If you fail to file
an objection to the final rule within the
time period specified, you will have
waived the right to raise any issues
resolved in the final rule. After the
specified time, issues resolved in the
final rule cannot be raised again in any
subsequent proceedings.
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II. Background
A. What Action is the Agency Taking?
EPA is proposing to revoke, remove,
modify, and establish specific tolerances
for residues of the fungicides captan,
dodine, and fenarimol; the herbicides
2,4-D, DCPA, endothall, propyzamide,
ethofumesate, dimethipin and
fomesafen; and the insecticide
permethrin in or on the commodities
listed in the regulatory text.
EPA is proposing these tolerance
actions to implement the tolerance
recommendations made during the
reregistration and tolerance
reassessment processes (including
follow-up on canceled or additional
uses of pesticides). As part of these
processes, EPA is required to determine
whether each of the amended tolerances
meets the safety standard of the Food
Quality Protection Act (FQPA). The
safety finding determination of
‘‘reasonable certainty of no harm’’ is
discussed in detail in each
Reregistration Eligibility Decision (RED)
and Report of the Food Quality
Protection Act (FQPA) Tolerance
Reassessment Progress and Risk
Management Decision (TRED) for the
active ingredient. REDs and TREDs
recommend the implementation of
certain tolerance actions, including
modifications to reflect current use
patterns, meet safety findings, and
change commodity names and
groupings in accordance with new EPA
policy. Printed copies of many REDs
and TREDs may be obtained from EPA’s
National Service Center for
Environmental Publications (EPA/
NSCEP), P.O. Box 42419, Cincinnati,
OH 45242–2419; telephone 1 (800) 490–
9198; fax 1 (513) 489-8695; internet at
https://www.epa.gov/ncepihom/ and
from the National Technical Information
Service (NTIS), 5285 Port Royal Road,
Springfield, VA 22161; telephone 1
(800) 553–6847 or (703) 605–6000;
internet at https://www.ntis.gov/.
Electronic copies of REDs and TREDs
are available on the internet at https://
www.epa.gov/pesticides/reregistration/
status.htm.
The selection of an individual
tolerance level is based on crop field
residue studies designed to produce the
maximum residues under the existing or
proposed product label. Generally, the
level selected for a tolerance is a value
slightly above the maximum residue
found in such studies. The evaluation of
whether a tolerance is safe is a separate
inquiry. EPA recommends the raising of
a tolerance when data show that: (1)
Lawful use (sometimes through a label
change) may result in a higher residue
level on the commodity; and, (2) the
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tolerance remains safe, not withstanding
increased residue level allowed under
the tolerance. In REDs, Chapter IV on
‘‘Risk Management, Reregistration, and
Tolerance Reassessment’’ typically
describes the regulatory position, FQPA
assessment, cumulative safety
determination, determination of safety
for the U.S. general population, and
safety for infants and children. In
particular, the human health risk
assessment document which supports
the RED describes risk exposure
estimates and whether the Agency has
concerns. In TREDs, the Agency
discusses its evaluation of the dietary
risk associated with the active
ingredient and whether it can determine
that there is a reasonable certainty (with
appropriate mitigation) that no harm to
any population subgroup will result
from aggregate exposure. EPA also seeks
to harmonize tolerances with
international standards set by the Codex
Alimentarius Commission, as described
in Unit III.
Explanations for proposed
modifications in tolerances can be
found in the RED and TRED document
and in more detail in the Residue
Chemistry Chapter document which
supports the RED and TRED. Copies of
the Residue Chemistry Chapter
documents are found in the
Administrative Record and electronic
copies are available through EPA’s
electronic public docket and comment
system, regulations.gov at https://
www.regulations.gov/. You may search
for docket number EPA–HQ–OPP–007–
0097 and also EPA–HQ–OPP–2005–
0266 (dodine); EPA–HQ–OPP–2004–
0370 (endothall); EPA–HQ–OPP–2004–
0380 (dimethipin); EPA–HQ–OPP–
2002–0159 (propyzamide); EPA–HQ–
OPP–2004–0346 (ethofumesate); EPA–
HQ–OPP–2004–0385 (permethrin);
EPA–HQ–OPP–2004–0167 (2,4-D);
EPA–HQ–OPP–2004–0296 (Captan) and
EPA–HQ–OPP–2002–0250 and EPA–
HQ–OPP–2005–0459 (fenarimol), then
click on that docket number to view its
contents.
EPA has determined that the aggregate
exposures and risks are not of concern
for the above mentioned pesticide active
ingredients based upon the data
identified in the RED or TRED which
lists the submitted studies that the
Agency found acceptable.
EPA has found that the tolerances that
are proposed in this document to be
modified, are safe in accordance with
FFDCA section 408(b)(2)(A), and that
there is a reasonable certainty that no
harm will result to infants and children
from aggregate exposure to the pesticide
chemical residues, in accordance with
section 408(b)(2)(C). These findings are
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discussed in detail in each RED. The
references are available for inspection as
described in this document under
SUPPLEMENTARY INFORMATION.
In addition, EPA is proposing to
revoke certain specific tolerances
because either they are no longer
needed or are associated with food uses
that are no longer registered under
FIFRA. The registrations for these
pesticide chemicals were canceled
because the registrant failed to pay the
required maintenance fee and/or the
registrant voluntarily requested
cancellation of one or more registered
uses of the pesticide. It is EPA’s general
practice to propose revocation of those
tolerances for residues of pesticide
active ingredients on crop uses for
which there are no active registrations
under FIFRA, unless any person in
comments on the proposal indicates a
need for the tolerance to cover residues
in or on imported commodities or
domestic commodities legally treated.
1. Captan. Tolerances are currently
established for both plant and animal
commodities in 40 CFR 180.103(a) for
residues of the fungicide, captan (Ntrichloromethylthio-4-cyclohexene-1,2dicarboximide) for preharvest and
postharvest uses or combinations of
such uses in or on plant and animal
commodities. This use-pattern timing
related language, preharvest and
postharvest, is impractical and should
be removed because enforcement
officials would rarely be able to
determine the timing of the application.
Also, the Agency has determined that
the residues of concern are captan per
se in plants and that the metabolite
1,2,3,6-tetrahydrophthalimide (THPI) of
captan is of toxicological concern and
should be regulated in/on animal
commodities along with captan.
Therefore, EPA proposes transferring
the tolerance expressions in 40 CFR
180.103(a) to (a)(1) for residues of the
fungicide, captan (Ntrichloromethylthio-4-cyclohexene-1,2dicarboximide) in or on plant
commodities retaining those plantrelated tolerances and to transfer
livestock tolerances into (a)(2) for the
combined residues of the fungicide,
captan (N-trichloromethylthio-4cyclohexene-1,2-dicarboximide) and its
metabolite 1,2,3,6tetrahydrophthalimide (THPI),
measured as THPI, in or on animal
commodities. Currently, tolerances in
40 CFR 180.103(b) are for residues of
captan on an interim basis for almonds,
almond hulls, beans dry, beans
succulent, and potatoes. The Agency
has determined that these tolerances are
no longer interim and should be moved
to 40 CFR 180.103(a)(1). Also, to
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conform to current Agency practice, 40
CFR 180.103(b) should now be
designated for section 18 emergency
exemptions - reserved; add paragraph
(c) for regional registrations - reserved;
and add paragraph (d) for indirect or
inadvertent residues - reserved.
Therefore, EPA proposes that the
interim tolerances listed in 40 CFR
180.103(b) be transferred to 40 CFR
180.103(a)(1); paragraph (b) be revised
to (b) section 18 emergency exemptions
- reserved; add paragraph (c) regional
registrations - reserved; and add
paragraph (d) indirect or inadvertent
residues - reserved.
Based on available field trial data that
indicate residues of captan as high as
0.18 parts per million (ppm) in/on
almonds, 54.91 ppm in/on almond
hulls, 7 ppm in/on apricot, 18.3 ppm in/
on blueberries, 36 ppm in/on cherries,
22.4 ppm in/on grapes, 10 ppm in/on
nectarines, 14 ppm in/on peach, 8 ppm
in/on plum, 2 ppm in/on prune, 12 ppm
in/on plum/prune juice, and 13 ppm in/
on strawberries, the Agency determined
that the tolerance should be decreased
to 0.25 ppm in/on almonds, 75 ppm in/
on almond hulls, 10 ppm in/on apricots,
20 ppm in/on blueberries, 50 ppm in/on
cherries, 25 ppm in/on grapes, 25 ppm
in/on nectarines, 15 ppm in/on peaches,
10 ppm in/on plums and 20 ppm in/on
strawberry. The tolerance for
strawberries was also decreased to
harmonize with the Codex alimentarius.
Therefore, EPA proposes decreasing
tolerances in newly revised 40 CFR
180.103(a)(1) for captan residues of
concern in plants in or on almond from
2 to 0.25 ppm; almond, hulls from 100
to 75 ppm; apricot from 50 to 10 ppm;
blueberry from 25 to 20 ppm; cherry at
100 to cherry, sweet at 50 ppm and
cherry, tart at 50 ppm; grape from 50 to
25 ppm; nectarine from 50 to 25 ppm;
peach from 50 to 15 ppm; plum, prune,
fresh from 100 to 10 ppm; and
strawberry from 25 to 20 ppm.
Based on available data reflecting
seed treatment use, residues of captan
were <0.05 ppm (the level of detection)
in or on dry and succulent beans, peas
and soybeans; therefore, the Agency
determined that the tolerances should
be 0.05 ppm on vegetable, legume,
group 6 and vegetable, foliage of
legume, group 7, replacing the
individual tolerances. Therefore, EPA
proposes decreasing and modifying the
individual tolerances to a crop group
tolerance in newly revised 40 CFR
180.103(a)(1) for captan residues of
concern in plants in/on beans, dry, seed
at 25 ppm; bean, succulent at 25 ppm;
pea, dry, seed at 2 ppm; pea, succulent
at 2 ppm; soybean, dry at 2 ppm;
soybean, succulent at 2 ppm to
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vegetable, legume, group 6 at 0.05 ppm
and vegetable, foliage of legume, group
7 at 0.05 ppm.
Based on available data reflecting
seed treatment use, residues of captan
were <0.05 ppm (the level of detection)
in or on garden beets, carrots, rutabagas,
potatoes, and turnips; therefore, the
Agency determined that the tolerances
should be 0.05 ppm on vegetable, root
and tuber, group 1 and vegetable, leaves
of root and tuber, group 2, replacing the
individual tolerances. Therefore, EPA
proposes decreasing and modifying the
individual tolerances to a crop group
tolerances in newly revised 40 CFR
180.103(a)(1) for captan residues of
concern in plants in/on beet, garden,
roots at 2 ppm; beet, garden, tops at 100
ppm; carrot, roots at 2 ppm; potato at 25
ppm; rutabagas (roots) at 2 ppm; turnip,
greens at 2.0 ppm; turnip, roots at 2.0
ppm to vegetable, root and tuber, group
1 at 0.05 ppm and vegetable, leaves of
root and tuber, group 2 at 0.05 ppm.
Based on available data reflecting
seed treatment use, residues of captan
were <0.05 ppm (the level of detection)
in or on broccoli, Brussels sprouts,
cabbage, cauliflower, collards, kale, and
mustard greens; therefore, the Agency
determined that the tolerance should be
0.05 ppm on vegetable, brassica leafy,
group 5 replacing the individual
tolerances. Therefore, EPA proposes
decreasing and modifying the
individual tolerances to a crop group
tolerance in newly revised 40 CFR
180.103(a)(1) for captan residues of
concern in plants in/on broccoli,
Brussels sprouts, cabbage, cauliflower,
collards, kale, mustard greens each at 2
ppm to vegetable, brassica leafy, group
5 at 0.05 ppm.
Based on available data reflecting
seed treatment use, residues of captan
were <0.05 ppm (the level of detection)
in or on cantaloupe, cucumber,
honeydew melon, muskmelon,
pumpkins, summer squash, winter
squash, and watermelons; therefore, the
Agency determined that the tolerance
should be 0.05 ppm on vegetable,
cucurbit group 9 replacing the
individual tolerances. Therefore, EPA
proposes decreasing and modifying the
individual tolerances to a crop group
tolerance in newly revised 40 CFR
180.103(a)(1) for captan residues of
concern in plants in/on cantaloupe;
cucumber; melon, honeydew;
muskmelon; pumpkin; squash, summer;
squash, winter; and watermelon each at
25 ppm to vegetable, cucurbit, group 9
at 0.05 ppm.
Based on available data reflecting
seed treatment use, residues of captan
were <0.05 ppm (the level of detection)
in or on celery, lettuce, and spinach;
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therefore, the Agency determined that
the tolerance should be 0.05 ppm on
vegetable, leafy, except brassica, group 4
replacing the individual tolerances.
Therefore, EPA proposes decreasing and
modifying the individual tolerances to a
crop group tolerance in newly revised
40 CFR 180.103(a)(1) for captan residues
of concern in plants in/on celery at 50
ppm, lettuce at 100 ppm, and spinach
at 100 ppm to vegetable, leafy, except
brassica, group 4 at 0.05 ppm.
Based on available data reflecting
seed treatment use, residues of captan
were <0.05 ppm (the level of detection)
in or on eggplant, peppers, and tomato;
therefore, the Agency determined that
the tolerance should be 0.05 ppm on
vegetable, fruiting, group 8 replacing the
individual tolerances. Therefore, EPA
proposes decreasing and modifying the
individual tolerances to a crop group
tolerance in newly revised 40 CFR
180.103(a)(1) for captan residues of
concern in plants in/on eggplant;
pepper; and tomato each at 25 ppm to
vegetable, fruiting, group 8 at 0.05 ppm.
Based on available data reflecting
seed treatment use, residues of captan
were <0.05 ppm (the level of detection)
in or on bulb onion and green onion;
therefore, the Agency determined that
the tolerance should be 0.05 ppm on
vegetable, bulb, group 3 replacing the
individual tolerances. Therefore, EPA
proposes decreasing and modifying the
individual tolerances to a crop group
tolerance in newly revised 40 CFR
180.103(a)(1) for captan residues of
concern in plants in/on onion, bulb at
25 ppm and onion, green at 50 ppm to
vegetable, bulb, group 3 at 0.05 ppm.
Based on available data reflecting
seed treatment use, residues of captan
were <0.05 ppm (the level of detection)
in or on corn; therefore, the Agency
determined that the tolerance should be
0.05 ppm on grain, cereal, group 15 and
grain, cereal, forage, fodder and straw,
group 16 replacing the tolerance corn,
sweet, kernel plus cob with husks
removed. Therefore, EPA proposes
decreasing and modifying a tolerance to
crop group tolerances in newly revised
40 CFR 180.103(a)(1) for captan residues
of concern in plants in/on corn, sweet,
kernel plus cob with husks removed at
2 ppm to grain, cereal, group 15 and
grain, cereal, forage, fodder and straw,
group 16 at 0.05 ppm.
The Agency has determined that
tolerances for blackberry, dewberry and
raspberry each at 25 ppm should be
replaced by the crop group tolerance
caneberry, subgroup 13A at 25 ppm.
Therefore, EPA proposes modifying the
individual tolerances to a crop group
tolerance in newly proposed 40 CFR
180.103(a) for captan residues of
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concern in plants in/on blackberry,
dewberry, and raspberry each at 25 ppm
to caneberry, subgroup 13A at 25 ppm.
Based on available data reflecting
seed treatment use, residues of captan
were <0.05 ppm (the level of detection)
in or on cottonseed; dill seed; flax seed;
grass forage; grass, hay; non-grass
animal feeds group 18; okra; peanuts;
peanut hay; rapeseed; rapeseed forage;
safflower seed; sesame seed; and
sunflower seed; therefore, the Agency
determined that the tolerances should
each be 0.05 ppm. Tolerances for flax
straw and sunflower forage are no
longer necessary because these
commodities are not considered
significant feed items in accordance
with ‘‘Table 1.—Raw Agricultural and
Processed Commodities and Feedstuffs
Derived from Crops’’ which is found in
Residue Chemistry Test Guidelines
OPPTS 860.1000 dated August 1996,
available athttps://www.epa.gov/
opptsfrs/publications/OPPTS
Harmonized/860 Residue Chemistry
Test Guidelines/Series. Therefore, EPA
is proposing to establish tolerances in
40 CFR 180.103(a)(1) for captan residues
of concern in or on dill, seed at 0.05
ppm; flax, seed at 0.05 ppm; grass,
forage at 0.05 ppm; grass, hay at 0.05
ppm; animal feed, nongrass, group 18 at
0.05 ppm; okra at 0.05 ppm; peanut at
0.05 ppm; peanut, hay at 0.05 ppm;
rapeseed, seed at 0.05 ppm; rapeseed,
forage at 0.05 ppm; safflower, seed at
0.05 ppm; sesame, seed at 0.05 ppm;
and sunflower, seed at 0.05 ppm and
decrease cotton, undelinted seed from 2
to 0.05 ppm.
Based on the livestock dietary burden
from wet apple pomace and animal feed
commodities from seed treatments, the
maximum theoretical dietary burden of
captan residues of concern for dairy
cattle is 17.27 ppm and beef cattle is
27.72 ppm. Using the results of the 30
ppm feeding level from the animal
feeding study, the expected residue
levels are 0.11 ppm in fat; 0.25 ppm in
kidney (meat byproducts); 0.18 ppm in
muscle; and 0.06 ppm in milk. Based on
these data, the Agency has determined
that the tolerances in cattle, goat, horse,
hog and sheep should be: 0.20 ppm in
meat; 0.30 ppm in meat byproducts;
0.15 ppm in fat; and 0.10 ppm in milk
(where sheep meat, fat and meat
byproducts tolerances reflect the text in
the tolerance reassessment of the RED
versus the table C which is not
accurate). Therefore, EPA proposes
increasing the tolerances in newly
revised 40 CFR 180.103(a)(2) for the
combined residues of the fungicide,
captan (N-trichloromethylthio-4cyclohexene-1,2-dicarboximide) and its
metabolite 1,2,3,6-
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tetrahydrophthalimide (THPI) in or on
cattle, fat from 0.05 to 0.15 ppm; cattle,
meat from 0.05 to 0.20 ppm; cattle, meat
byproducts from 0.05 to 0.30 ppm; hog,
fat from 0.05 to 0.15 ppm; hog, meat
from 0.05 to 0.20 ppm; hog, meat
byproducts from 0.05 to 0.30 ppm and
proposes establishing tolerances in
newly revised 40 CFR 180.103(a)(2) in/
on goat, fat at 0.15 ppm; goat, meat at
0.20 ppm; goat, meat byproducts at 0.30
ppm; horse, fat at 0.15 ppm; horse, meat
at 0.20 ppm; horse, meat byproducts at
0.30 ppm; milk at 0.10 ppm; sheep, fat
at 0.15 ppm; sheep, meat at 0.20 ppm;
and sheep, meat byproducts at 0.30
ppm. The Agency determined that the
increased tolerances are safe; i.e., there
is a reasonable certainty that no harm
will result from aggregate exposure to
the pesticide chemical residue.
The last registered use of captan on
mangoes was canceled in 1998;
therefore, the tolerance is no longer
needed. Therefore, EPA is proposing to
revoke the existing tolerance for mango
at 50 ppm in newly revised 40 CFR
180.103(a)(1).
The proposed tolerance actions herein
for captan, to implement the
recommendations of the captan RED,
reflect use patterns in the U.S. which
support a different tolerance than the
Codex level on almonds, cucumbers,
nectarines, raspberries, and tomatoes,
because of differences in good
agricultural practices. However,
compatibility exists for apples and pears
will exist between the proposed
reassessed U.S. tolerances and Codex
MRLs for captan residues in or on
blueberries, peaches, potatoes, and
strawberries.
2. 2,4-D. Currently, tolerances for
residues of 2,4-D in or on plant raw
agricultural commodities fish and
potable water are currently expressed in
terms of 2,4-D (2,4dichlorophenoxyacetic acid) in 40
CFR180.142(a)(1-2, 4-7 and 9-13). The
residues are regulated depending on the
use pattern, the form of the 2,4-D
formulation applied (e.g., acid, salts),
timing of treatment (preharvest or
postharvest) and some commodities are
covered by two or more tolerances (e.g.,
citrus). This use-pattern related
language is impractical and should be
removed for three reasons:
i. 2,4-D in the acid form as well as the
sodium salt, four amine salts, and three
esters upon contact with water and/or
hydrolytic enzymes are converted to a
single common moiety, 2,4-D (anion or
acid depending on the pH) which is the
pesticidally active component serving as
the basis for the tolerance regulation.
Consequently, the available tolerance
enforcement methodology cannot
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distinguish between which form of the
pesticidally active component was
applied.
ii. If 2,4-D residues were detected in
a commodity, enforcement officials
would rarely be able to determine who
applied the pesticide, when, or for what
purpose.
iii. If the 2,4-D concentration were to
fall between two tolerance levels for the
same commodity, the Agency would not
know whether the sample was violative.
Therefore, EPA is proposing to
subsume the lower tolerances in the
higher existing tolerances, delete usepattern related language (e.g., timing
and formulation), and revise the
tolerances in 40 CFR 180.142(a)(1-2, 47 and 9-13) into 40 CFR 180.142(a) for
residues of the herbicide, plant
regulator, and fungicide 2,4-D (2,4dichlorophenoxyacetic acid), both free
and conjugated, determined as the acid
and delete the paragraphs designations
(1-2, 4-7, and 9-13).
The available field trial data indicate
residues of 2,4-D are as high as 1.39
ppm in or on wheat grain. The wheat
grain data are translated to support
tolerances for barley, millet, oats and
rye grain. Based on these data, the
Agency determined that the tolerance
should be increased to 2.0 ppm on
wheat, barley, millet, oats and rye grain.
Based on available field trial data that
indicate residues of 2,4-D as high as
24.9 ppm and 40.9 ppm in or on wheat
forage and wheat straw, respectively,
which is also translated to millet, oats
and rye forage and millet straw, the
Agency determined that the tolerances
should be increased to 25 ppm in/on
wheat, millet, oats, and rye forage and
50 ppm in/on millet straw. Based on
available field trial data that indicate
residues of 2,4-D as high as 49.8 ppm
in/on corn stover; 0.053 ppm in/on
hops; 0.31 ppm in/on potatoes; <0.01
ppm in/on strawberry; and 0.485 ppm
in/on rice, the Agency determined that
the tolerances should be increased to 50
ppm in/on corn, stover; 0.2 ppm in/on
hop; 0.4 in/on potato; 0.01 ppm in/on
strawberry; and 0.5 ppm in/on rice,
grain. EPA is also revising commodity
terminology to conform to current
Agency practice. Therefore, EPA is
proposing to increase and revise
tolerances in newly revised 40 CFR
180.142(a) for the combined 2,4-D
residues of concern in or on barley,
grain from 0.5 to 2.0 ppm; millet, grain
from 0.5 to 2.0 ppm; oat, grain from 0.5
to 2.0 ppm; rye, grain from 0.5 to 2.0
ppm; wheat, grain from 0.5 to 2.0 ppm;
millet, straw from 20 to 25 ppm; millet,
forage from 20 to 25 ppm; oat, forage
from 20 to 25 ppm; rye, forage 20 to 25
ppm; wheat, forage from 20 to 25 ppm;
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rice grain from 0.1 to 0.5 ppm; corn,
stover from 20 to 50 ppm; hop from 0.05
to 0.2 ppm; potato from 0.2 to 0.4 ppm;
and strawberry from 0.05 to 0.1 ppm
and revise corn, stover to corn, field,
stover; corn, pop, stover; and corn,
sweet, stover; and revise hop to hop,
dried cones. The Agency determined
that the increased tolerances are safe;
i.e., there is a reasonable certainty that
no harm will result from aggregate
exposure to the pesticide chemical
residue.
Based on available field trial data on
field corn, pop corn, and sweet corn that
indicate residues of 2,4-D as high as 5.2
ppm in/on corn forage, <0.05 ppm in/
on corn fresh, sweet, kernel plus cob
with husks removed, and 0.038 ppm in/
on corn grain, the Agency determined
that the tolerances should be decreased
to 6.0 ppm, 0.05 ppm, and 0.05 ppm,
respectively. Based on available field
trial data that indicate residues of 2,4D as high as 0.07 ppm in/on fish, 0.079
ppm in/on grapefruits, 0.24 ppm in/on
oranges, and 2.5 ppm in/on lemons, the
Agency determined that the tolerances
should be decreased to 0.10 ppm in/on
fish and to 3.0 ppm in/on fruit, citrus,
group 10. Based on available field trial
data that indicate residues of 2,4-D as
high as <0.01 ppm in/on apples and
pears, the Agency determined that the
tolerance should be decreased to 0.1
ppm in/on fruit, pome, group 11
replacing the individual tolerances for
apple, pear, and quince. Based on
available field trial data that indicate
residues of 2,4-D as high as <0.05 ppm
in/on cherries, <0.01 ppm in/on
peaches, and <0.01 ppm in/on plums,
the Agency determined that the
tolerance should be decreased to 0.1
ppm in/on fruit, stone group 12
replacing the individual tolerance for
apricots. Based on available field trial
data that indicate residues of 2,4-D as
high as <0.05 ppm in/on pistachio; <0.1
in/on grapes; 358 ppm in/on grass,
pasture and rangeland; 8.83 ppm in/on
rice, straw; 0.162 ppm in/on sorghum,
forage; 0.012 ppm in/on sorghum, grain;
0.17 ppm in/on sorghum, grain, stover;
0.015 ppm in/on sugarcane; and 0.105
ppm in/on sugarcane, molasses, the
Agency determined that the tolerances
should be decreased to 0.05 ppm in/on
pistachio; 0.1 ppm in/on grape; 300
ppm in/on grass, hay; 360 ppm in/on
grass, pasture and grass, rangeland; 10
ppm in/on rice, straw; 0.2 ppm in/on
sorghum, forage; 0.2 ppm in/on
sorghum, grain; 0.2 ppm in/on sorghum,
grain, stover; 0.05 ppm in/on sugarcane;
and 0.2 ppm in/on sugarcane, molasses.
EPA is also revising commodity
terminology to conform to current
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Agency practice. Therefore, EPA is
proposing to decrease and revise
tolerances in newly revised 40 CFR
180.142(a) for the combined 2,4-D
residues of concern in or on corn, forage
from 20 to corn, field, forage; and corn,
sweet, forage at 6.0; corn, fresh, sweet,
kernel plus cob with husks removed at
0.5 to corn, sweet, kernel plus cob with
husks removed at 0.05 ppm; corn, grain
at 0.5 to corn, field, grain at 0.05 ppm
and corn, pop, grain at 0.05 ppm; fish,
1.0 to 0.10 ppm; fruit, citrus at 5 ppm
to fruit, citrus, group 10 at 3.0 ppm;
fruit, pome at 0.1 and apple, pear, and
quince at 5 ppm to fruit, pome, group
11 at 0.1 ppm; apricot at 5 ppm and
fruit, stone at 0.2 ppm to fruit, stone,
group 12 at 0.1 ppm; pistachio at 0.05
ppm; grape from 0.5 to 0.1 ppm; grass,
pasture and grass, rangeland from 1,000
ppm to grass, forage at 360 ppm; rice,
straw from 20 to 10 ppm; sorghum,
forage from 20 to sorghum, grain, forage
at 0.2 ppm; sorghum, grain from 0.5 to
sorghum, grain, grain at 0.2 ppm;
sorghum, grain, stover from 20 to 0.2
ppm; sugarcane, cane from 2 ppm to
0.05 ppm; and sugarcane, molasses from
5 to 0.2 ppm.
Based on available field trial data that
indicate residues of 2,4-D as high as
0.106 ppm in cranberry, <0.05 ppm in
low bush (berries), and 0.011 ppm in
high bush (berries), the Agency has
determined the tolerance should be
revised to 0.2 ppm in/on berry, group 14
in place of the individual tolerances.
These tolerances are also being
maintained to cover inadvertent or
indirect residues that may occur.
Therefore, EPA proposes revising the
tolerances in newly revised 40 CFR
180.142(a) for the combined 2,4-D
residues of concern in or on blueberry
at 0.1 ppm, cranberry at 0.5 ppm,
raspberry at 0.1 ppm and small fruit at
0.1(N) to berry, group 14 at 0.2 ppm.
The Agency determined that the
increased tolerances are safe; i.e., there
is a reasonable certainty that no harm
will result from aggregate exposure to
the pesticide chemical residue.
Based on available field trial data that
indicate residues of 2,4-D as high as
0.098 ppm in/on almond hulls; 1.48
ppm in on corn aspirated grain fractions
(AGF) and 36.3 ppm in/on wheat AGF;
40.9 ppm in/on wheat straw, 3.88 ppm
in/on wheat bran, and 1.40 ppm in/on
rice, hulls; <0.01 ppm in/on soybean
forage; 1.13 ppm in/on soybean hay; and
<0.01 ppm in/on soybean seeds, the
Agency determined that tolerances
should be established in/on almond,
hulls at 0.1 ppm; grain, aspirated
fractions 40 ppm; wheat, straw at 50
ppm (and translating the wheat straw
data to barley, oat, and rye); barley,
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straw at 50 ppm; oat, straw at 50 ppm;
rye, straw at 50 ppm; wheat, bran at 4.0
ppm (and translating the wheat bran
data to barley and rye) barley, bran at
4.0 ppm; rye, bran at 4.0 ppm; rice,
hulls at 2.0 ppm; soybean, forage at 0.02
ppm; soybean, hay at 2.0 ppm; and
soybean, seed at 0.02 ppm. Therefore,
EPA is proposing to establish the
tolerances in newly revised 40 CFR
180.142(a) for the combined 2,4-D
residues of concern in or on almond,
hulls at 0.1 ppm; barley, bran at 4.0
ppm; barley, straw at 50 ppm; grain,
aspirated fractions at 40 ppm; oat, straw
at 50 ppm; rice, hulls at 2.0 ppm; rye,
bran at 4.0 ppm; rye, straw at 50 ppm;
soybean, hay at 2.0 ppm; soybean,
forage at 0.02 ppm; soybean, seed at
0.02 ppm; wheat, bran at 4.0 ppm; and
wheat, straw at 50 ppm.
In addition, tolerances for residues in
food products of animal origin are
currently expressed in terms of 2,4-D
and/or its metabolite 2,4-dichlorophenol
(2,4-DCP) in 40 CFR 180.142(a)(8). The
Agency has determined that the
metabolite, 2,4-DCP, is not of concern
for either the tolerance expression or for
risk assessment at the minute levels
expected in livestock tissues and
considering the likely lower toxicity of
2,4-DCP compared to 2,4-D.
Consequently, the regulated residues of
2,4-D are now the same for plants,
shellfish, fish, and foods of animal
origin. Therefore, EPA is proposing to
change the residues of concern, transfer
the foods of animal origin tolerances in
40 CFR 180.142(a)(8) into 40 CFR
180.142(a) for the combined 2,4-D
residues of concern and delete
paragraph (a)(8).
Ruminant feeding data at an
exaggerated level (1.7x) show that 2,4-D
residues are as high as 0.51 ppm in fat,
0.24 ppm in meat, 0.2 ppm in liver, 6.48
ppm in kidney, and 0.07 ppm in milk.
These studies also showed that 2,4-D is
rapidly excreted from animals. Based on
the rapid excretion and residue levels
on the last day of dosing in feeding
studies, the Agency has determined that
the 2,4-D tolerance in milk may be
decreased to 0.05 ppm and to 0.3 ppm
in the fat of cattle, goats, horses, and
sheep. The tolerances should be
increased to 4.0 ppm in the kidneys of
cattle, goats, horses, and sheep and to
0.3 ppm in the meat and meat
byproducts of cattle, goats, horses, and
sheep. Therefore, EPA is proposing to
increase tolerances in newly revised 40
CFR 180.142(a) for the combined 2,4-D
residues of concern in or on cattle,
kidney from 2 to 4.0 ppm; goat, kidney
from 2 to 4.0 ppm; horse, kidney from
2 to 4.0 ppm; and sheep, kidney from
2 to 4.0 ppm; cattle, meat from 0.2 to 0.3
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ppm; goats, meat from 0.2 to 0.3 ppm;
horses, meat from 0.2 to 0.3 ppm; sheep,
meat from 0.2 to 0.3 ppm; cattle, meat
byproducts, except kidney from 0.2 to
0.3 ppm; goats, meat byproducts, except
kidney from 0.2 to 0.3 ppm; horses,
meat byproducts, except kidney from
0.2 to 0.3 ppm; and sheep, meat
byproducts, except kidney from 0.2 to
0.3 ppm; cattle, fat from 0.2 to 0.3 ppm;
goat, fat from 0.2 to 0.3 ppm; horse, fat
from 0.2 to 0.3 ppm; sheep, fat from 0.2
to 0.3 ppm; and decrease milk from 0.1
to 0.05 ppm. The Agency determined
that the increased tolerances are safe;
i.e., there is a reasonable certainty that
no harm will result from aggregate
exposure to the pesticide chemical
residue.
Based on the results of a 2,4-D poultry
metabolism study, there is no
reasonable expectation of finite residues
in poultry tissues and eggs (Category 3
of 40 CFR 180.6(a)(3)) when 2,4-D is
applied according to registered use
directions. Therefore, the Agency
determined that tolerances for residues
of 2,4-D in poultry commodities are not
needed. In addition, as the lowest
feeding level for cattle was 940x the
maximum theoretical dietary burden for
swine, the maximum expected residues
in hog tissues would be 0.007 ppm
(kidney). Accordingly, there is no
reasonable expectation of finite residues
in hog commodities (Category 3 of 40
CFR 180.6(a)(3)); therefore, the Agency
has determined tolerances associated
with hog tissues are no longer needed
and should be revoked. Therefore, EPA
is proposing to revoke the tolerances in
newly revised 40 CFR 180.142(a) for 2,4D residues of concern in or on egg at
0.05 ppm; hog, fat; hog, meat; and hog,
meat byproducts, except kidney at 0.2
ppm; hog, kidney at 2 ppm; and poultry
at 0.05 ppm.
Tolerances listed in 40 CFR
180.142(a)(3) are currently established
for negligible residues of 2,4-D in
irrigated crops from application of its
dimethylamine salt in the western
United States (U.S.). Specifically, the
tolerances on fruit, citrus; fruit, pome;
fruit, stone; grain, crop; root crop
vegetables; grass, forage; hop; small fruit
(newly termed berry, group 14) and nut
each at 0.1(N) ppm in 40 CFR
180.142(a)(3) have existing tolerances in
newly revised 40 CFR 180.142(a) which
are high enough to cover any
inadvertent residues on these
commodities. The tolerances associated
with commodities that do not receive
direct treatment of 2,4-D in 40 CFR
180.142(a)(3)—avocado; cotton,
undelinted seed; cucurbits; grain, crop;
leafy vegetables; legume forage; root
crop vegetables; seed and pod
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vegetables; and vegetable, fruiting each
at 0.1(N) should be transferred to 40
CFR 180.142(d) as they cover
inadvertent and indirect residues.
Therefore, EPA is proposing that
commodities and tolerances in 40 CFR
180.142(a)(3) that are duplicative of
commodities and tolerances in newly
revised 40 CFR 180.142(a) be removed
from 40 CFR 180.142 (a)(3). EPA is also
proposing that the remaining
commodities and tolerance
combinations in 40 CFR 180.142(a)(3)
(avocado; cotton, undelinted seed;
cucurbits; grain, crop; leafy vegetables;
legume forage; root crop vegetables;
seed and pod vegetables; and vegetable,
fruiting each at 0.1(N)) be transferred in
40 CFR 180.142(d) for inadvertent or
indirect residues of the herbicide, plant
regulator, and fungicide 2,4-D (2,4dichlorophenoxyacetic acid), both free
and conjugated, determined as the acid
and delete 40 CFR 180.142(a)(3).
The available irrigated crop residue
data for leafy vegetables and legume,
forage had maximum residue levels of
0.33 ppm and 0.15 ppm, respectively;
therefore, the Agency has determined
the tolerances should be increased from
0.1(N) to 0.4 ppm and 0.2 ppm,
respectively. The available residue data
for inadvertent residue levels on the
remaining crops (avocado, cotton,
cucurbits, bulbs in the root crop
vegetables, seed and pod vegetables and
fruiting vegetables) do not exceed the
level of quantitation of 0.05 ppm and
two times the level of quantitation for
direct uses on the root and tubers of the
root crop vegetables; therefore, the
Agency determined the tolerances
should be decreased to 0.05 ppm. Based
on the available irrigation data, the
resulting direct and inadvertent residues
are expected to be ≤0.1 ppm in/on the
bulbs in the root crop vegetables;
therefore, the Agency has determined
the tolerance level and terminology
should be at 0.5 ppm in/on vegetable,
bulb, group 3, 0.1 ppm in/on vegetable,
root and tuber, except potato, group 1
and vegetable, leaves of root and tuber,
except potato, group 2. EPA is also
proposing to revise commodity
terminology and removing the ‘‘(N)’’
designation for negligible residues to
conform to current Agency practice.
Therefore, EPA is proposing to revise
and modify tolerances in 40 CFR
180.142(d) for the combined 2,4-D
residues of concern by decreasing and
revising avocado from 0.1 (N) to 0.05
ppm; cotton, undelinted seed from
0.1(N) to 0.05 ppm; cucurbits at 0.1(N)
to vegetable, cucurbit, group 9 at 0.05
ppm; root crop vegetables at 0.1 (N) to
vegetable, bulb, group 3 at 0.05 ppm;
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vegetable, fruiting at 0.1(N) to vegetable,
fruiting, group 8 at 0.05 ppm; vegetable,
seed and pod at 0.1 (N) to vegetable,
legume, group 6 at 0.05 ppm, okra at
0.05 ppm and dill, seed at 0.05 ppm;
increasing and revising legume forage at
0.1(N) to vegetable, foliage of legume,
group 7 at 0.2 ppm and animal feed,
nongrass, group 18 at 0.2 ppm;
vegetable, leafy at 0.1(N) to vegetable,
brassica leafy, group 5 at 0.4 ppm and
vegetable, leafy, except brassica, group 4
at 0.4 ppm; and in 40 CFR 180.142(a)
further revise the tolerance vegetable,
root at 0.1(N) to vegetable, root and
tuber, except potato, group 1; and
vegetable, leaves of root and tuber,
except potato, group 2 at 0.1 ppm. The
Agency determined that the increased
tolerances are safe; i.e., there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue.
Based on available field trial data that
indicate residues of 2,4-D as high as
<0.05 ppm in/on wild rice in
Minnesota, the Agency has determined
that a regional tolerance should be
established at 0.05 ppm in/on rice, wild,
grain. Therefore, EPA proposes
removing the expired (12/31/05) section
18 emergency exemption in/on wild rice
at 0.1 ppm in 40 CFR 180.142(b),
reserving the paragraph, and
establishing a regional tolerance in 40
CFR 180.142(c) for residues of the
herbicide, plant regulator, and fungicide
2,4-D (2,4-dichlorophenoxyacetic acid),
both free and conjugated, determined as
the acid, in/on rice, wild, grain at 0.05
ppm.
Currently, there is a tolerance for
residues of 2,4-D in potable water at
0.1(N) ppm in 40 CFR 180.142(a).
Pesticide residues in water are now
under the purview of EPA’s Office of
Water where a maximum contaminant
level of 0.07 ppm has been established
for 2,4-D in drinking water. Sugarcane
bagasse is no longer considered a
significant animal feed item; therefore,
the Agency has determined the
tolerance on sugarcane bagasse is no
longer needed and should be revoked.
Based on available field trial data that
indicate residues of 2,4-D as high as
0.095 ppm, <0.05 ppm, and 0.16 ppm
in/on filberts, pecans, and almonds,
respectively, the Agency has determined
the tolerance should be maintained at
0.2 ppm in/on nuts. EPA is also revising
commodity terminology to conform to
current Agency practice. Therefore, EPA
proposes revoking the potable water
tolerance at 0.01(N) ppm and sugarcane
bagasse at 5 ppm in newly revised 40
CFR 180.142(a), and revising the
tolerance in 180.142(a) in/on nut to nut,
tree, group 14.
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There are tolerances listed in newly
revised 40 CFR 180.142(a) (formerly 40
CFR 180.142(a)(6)) that regulate ‘‘crops
in paragraph (c) of this section at 1.0
ppm’’ and ‘‘crops groupings in
paragraph (c) of this section at 1.0 ppm’’
that should be removed because
tolerances in newly recodified 40 CFR
180.142(a) and (d) will be sufficient to
cover inadvertent residues in irrigated
crops to which these tolerances
originally referred. Tolerances also exist
in newly revised 40 CFR 180.142(a)
(formerly 40 CFR 180.142(a)(12) and
13)) as follows; ‘‘2 ppm in the milled
fractions (except flour) derived from
barley, oats, rye, and wheat to be
ingested as food or be converted to
food’’ and ‘‘2 ppm in the milled
fractions derived from barley, oats, rye,
and wheat to be ingested as animal feed
or converted into animal feed’’ should
be removed because tolerances for direct
and inadvertent residues of 2,4-D in
barley, rye and wheat bran are newly
established in newly revised 40 CFR
180.142(a) and tolerances in other small
grain processed products are not
necessary as residues do not concentrate
upon processing. Therefore, EPA is
proposing to remove the tolerances in
newly revised 40 CFR 180.142(a) ‘‘crops
in paragraph (c) of this section at 1.0
ppm’’; ‘‘crops groupings in paragraph (c)
of this section at 1.0 ppm’’; ‘‘2 ppm in
the milled fractions (except flour)
derived from barley, oats, rye, and
wheat to be ingested as food or be
converted to food’’; and ‘‘2 ppm in the
milled fractions derived from barley,
oats, rye, and wheat to be ingested as
animal feed or converted into animal
feed.’’
The proposed tolerance actions herein
for 2,4-D, to implement the
recommendations of the 2,4-D RED,
reflect use patterns in the U.S. which
support a different tolerance than the
Codex level on berries; citrus; meat
byproducts; grass hay and fodder; corn
forage and fodder; meat; pome fruits;
potato; rice, grain; sorghum grain;
soybeans; and wheat straw because of
differences in good agricultural
practices. However, compatibility
currently exists or will exist between
the proposed reassessed U.S. tolerances
and Codex MRLs for 2,4-D residues in
or on corn grain, rice straw, rye grain,
sorghum forage, stone fruits, sugarcane,
sweet corn, tree nuts, and wheat grain.
3. Dodine. Based on available field
trial data that indicate residues of
dodine as high as 2.2 ppm in/on
cherries and to harmonize with the
Codex MRL of 3 ppm, the Agency has
determined that the tolerance should be
decreased to 3.0 ppm on cherry, sweet
and cherry, tart. Therefore, EPA
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proposes decreasing the tolerance in 40
CFR 180.172(a) for residues of dodine in
or on cherry, sweet from 5.0 to 3.0 ppm
and cherry, tart from 5.0 to 3.0 ppm.
Based on the available apple field trial
and processing data that indicate
residues of dodine are as high as 2.58
ppm in/on apples and a concentration
factor of 5.13x in apple pomace (wet),
the Agency has determined that a
tolerance should be established in/on
apple, wet pomace at 15.0 ppm.
Therefore, EPA proposes establishing a
tolerance in 40 CFR 180.172(a) for
residues of dodine in/on apple, wet
pomace at 15.0 ppm.
Based on the results of the dodine
animal metabolism study, there is no
reasonable expectation of finite residues
in animal tissues or milk (category 3 of
40 CFR 180.6(a)(3)); therefore, the
Agency has determined that the
tolerances for milk and meat are no
longer needed and should be revoked.
In the RED, a tolerance for plum was
recommended at 5 ppm; however, there
are no longer any uses in/on plums so
the tolerance is not being established.
Additionally, use of dodine on spinach
is no longer a registered use, the Agency
has determined the regional tolerance
for spinach at 12.0 ppm should be
revoked. Therefore, EPA is proposing to
revoke tolerances in 40 CFR 180.172(a)
for residues of dodine in/on meat and
milk at 0 ppm and 40 CFR 180.172(b)
for residues of dodine in/on spinach at
12.0 ppm and reserve and redesignate
paragraph (b) as paragraph (c) for
tolerances with regional registrations.
In order to conform to the adopted
format in the CFR for 40 CFR part 180,
EPA proposes revising 40 CFR 180.172
by adding paragraph (b) section 18
emergency exemptions—reserved; and
paragraph (d) for indirect and
inadvertent residues—reserved.
Compatibility of U.S. tolerances and
Codex MRLs exist for dodine residues
in/on apples, pears, and peaches and
will exist between the proposed
reassessed U.S. tolerances and Codex
MRLs in or on sweet and tart cherries.
4. DCPA. There are currently no
registered uses for DCPA on corn,
lettuce, rutabaga and soybean; however,
the tolerances are being retained to
cover any inadvertent residues from the
rotation of crops to previously DCPA
treated fields/crops (1998 RED page 23).
EPA is also revising commodity
terminology to conform to current
Agency practice. Therefore, EPA is
proposing to transfer and revise
tolerances in 40 CFR 180.185(a) to 40
CFR 180.185(d) for the combined
inadvertent residues of the herbicide
dimethyl tetrachloroterephthalate
(DCPA) and its metabolites monomethyl
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tetrachloroterephthalate acid (MTP) and
terachlorophthalic acid (TCP)
(calculated as DCPA) in or on corn,
field, forage; corn, field stover; corn,
pop, forage; corn, pop, stover; corn,
sweet, forage; corn, sweet, stover at 0.4
ppm; corn, grain (including pop and
field) at 0.05 ppm to corn, pop, grain at
0.05 ppm and corn, field, grain at 0.05
ppm; corn, sweet, kernel plus cob with
husks removed at 0.05 ppm; lettuce at
2 ppm to 2.0 ppm; rutabagas at 2 ppm
to rutabaga at 2.0 ppm; and soybean at
2 ppm to 2.0 ppm.
Currently, the tolerances for basil,
fresh leaves and basil, dried leaves are
20.0 ppm and 5.0 ppm, respectively, as
published August 20, 2004 (69 FR
51571) (FRL–7673–6), and were
intended for inadvertent residues rather
than direct use tolerances. These
tolerances should be corrected,
switching the tolerance levels to basil,
fresh leaves at 5.0 ppm and basil, dried
leaves at 20.0 ppm and designated as
inadvertent residue tolerances.
Therefore, EPA is proposing to correct
and transfer the tolerances in 40 CFR
180.185(a) to 40 CFR 180.185(d) for the
combined inadvertent residues of the
herbicide DCPA and its metabolites
MTP and TCP (calculated as DCPA) in
or on basil, fresh leaves from 20.0 to 5.0
ppm and basil, dried leaves from 5.0 to
20.0 ppm.
The tolerances for celeriac, chicory,
chive, coriander, dill, marjoram,
parsley, radicchio, and oriental radish
as published August 20, 2004 (69 FR
51571) (FRL–7673–6), were tolerances
intended to cover inadvertent residues
rather than direct use residues.
Therefore, EPA is proposing to transfer
the tolerances in 40 CFR 180.185(a) to
40 CFR180.185(d) for the combined
inadvertent residues of the herbicide
DCPA and its metabolites MTP and TCP
(calculated as DCPA) in or on celeriac
at 2.0 ppm; chicory, roots at 2.0 ppm;
chicory, tops at 5.0 ppm; chive at 5.0
ppm; coriander, leaves at 5.0 ppm; dill
at 5.0 ppm; marjoram at 5.0 ppm;
parsley, leaves at 5.0 ppm; parsley,
dried leaves at 20.0 ppm; radicchio at
5.0 ppm; and radish, oriental at 2.0
ppm.
There are currently no registered uses
for DCPA in or on beans (field, mung
and succulent), cotton, cucumbers,
eggplants, peppers, blackeyed peas,
potatoes, squash (winter and summer),
sweet potatoes, turnips, leafy brassica
vegetables and yams as published
August 20, 2004 (69 FR 51571) (FRL–
7673–6). However, the tolerances are
being retained to cover any inadvertent
residues from rotation of crops to
previously DCPA treated fields/crops.
EPA is also revising commodity
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terminology to conform to current
Agency practice. Therefore, EPA is
proposing to revise and transfer
tolerances in 40 CFR 180.185(a) to 40
CFR 180.185(d) for the combined
inadvertent residues of the herbicide
DCPA and its metabolites MTP and TCP
(calculated as DCPA) in or on bean,
field, dry to bean, dry; bean, mung, seed
at 2 ppm; bean, snap, succulent at 2
ppm; cotton, undelinted seed at 0.2
ppm; cucumber at 1.0 ppm; eggplant at
1.0 ppm; pepper at 2 ppm; pimento at
2 ppm; potato at 2 ppm; squash,
summer at 1.0 ppm; squash, winter at 1
ppm; pea, blackeyed to pea, blackeyed,
seed; radish, oriental to radish, oriental,
roots and radish, oriental, tops; sweet
potato, roots to sweet potato; turnip to
turnip, roots; turnip, greens to turnip,
tops; vegetable, brassica, leafy, group 5
at 5 ppm; and yam, true, tuber at 2 ppm.
In addition, EPA is proposing to
revise commodity terminology and
tolerances to conform to current Agency
practice in 40 CFR 180.185(a) for the
combined residues of the herbicide
DCPA and its metabolites MTP and TCP
(calculated as DCPA) in or on melon,
honeydew to muskmelon; and onion to
onion, bulb.
The are no registered uses for upland
cress; therefore, the tolerance is no
longer appropriate. Therefore, EPA is
proposing to revoke the tolerance in 40
CFR 180.185(a) in/on cress, upland at 5
ppm.
Currently, there are no Codex MRLs
in place for DCPA.
5. Endothall. Tolerances are currently
established for rice, grain and rice, straw
at 0.05(N) ppm. The ‘‘N’’ indicating
negligible residues should be deleted in
accordance with current Agency
practice in 40 CFR 180.293 for the
endothall residues of concern in or on
rice, grain from 0.05(N) ppm to 0.05
ppm and rice, straw from 0.05(N) ppm
to 0.05 ppm.
There is currently an interim
tolerance established in 40 CFR
180.293(a)(2) for endothall residues of
concern for potable water at 0.2 ppm.
EPA’s Office of Pesticide Programs no
longer regulates pesticides in water by
establishing tolerances, but rather by
EPA’s Office of Water where an
appropriate Maximum Concentration
Level has been established. Therefore,
EPA is proposing to revoke the interim
tolerance of 0.2 ppm in 40 CFR 180.293
(a)(2) and redesignating 40 CFR 180.293
(a)(1) and (a)(2) as 40 CFR 180.293(a).
EPA is proposing to revise commodity
terminology to conform to current
Agency practice in newly revised 40
CFR 180.293(a) from hop to hop, dried
cones.
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Currently, there are no Codex MRLs
in place for endothall.
6. Propyzamide (or pronamide).
Currently, 40 CFR 180.317(a) regulates
the combined residues of the herbicide
propyzamide and its metabolites
(containing the 3,5-dichlorobenzoyl
moiety calculated as 3,5-dichloro-N(1,1-dimethyl-2-propynyl)benzamide)
and in 40 CFR 180.317(b) only the
parent, propyzamide is regulated in
error. The Agency has determined the
residues for regulation should be
corrected in 40 CFR 180.317(b) to
include the metabolites. Therefore, EPA
proposes correcting the regulatory
expression in 40 CFR 180.317(b) to
regulate the combined residues of the
herbicide propyzamide and its
metabolites (containing the 3,5dichlorobenzoyl moiety calculated as
3,5-dichloro-N-(1,1-dimethyl-2propynyl)benzamide).
Based on the available field trial data
that indicate the combined residues of
propyzamide are less than the level of
detection (0.01 ppm) in or on
artichokes, the Agency determined that
the tolerance should be decreased to
0.01 ppm. Therefore, EPA proposes
decreasing the tolerance in 40 CFR
180.317(a) for the combined residues of
the herbicide propyzamide and its
metabolites (containing the 3,5dichlorobenzoyl moiety calculated as
3,5-dichloro-N-(1,1-dimethyl-2propynyl)benzamide) in or on artichoke,
globe from 0.1 to 0.01 ppm.
In a residue study, two groups of
lactating cows were fed alfalfa hay
containing 20 to 40 ppm field-aged
propyzamide residues for 3 weeks
resulting in residues in fat tissues
ranging from <0.01 to 0.48 ppm. Based
on linear extrapolation of the maximum
residues observed in the study and the
maximum theoretical dietary burden,
the Agency determined that the cattle,
goat, hog, horse, and sheep fat
tolerances should be raised from 0.02 to
0.20 ppm. Therefore, EPA proposes
increasing the tolerances in 40 CFR
180.317(a) for the combined residues of
the herbicide propyzamide and its
metabolites (containing the 3,5dichlorobenzoyl moiety calculated as
3,5-dichloro-N-(1,1-dimethyl-2propynyl)benzamide) in or on cattle, fat
from 0.02 to 0.20 ppm; goat, fat from
0.02 to 0.20 ppm; hog, fat from 0.02 to
0.20 ppm; horse, fat from 0.02 ppm to
0.20 ppm; and sheep, fat from 0.02 to
0.20 ppm. The Agency determined that
the increased tolerances are safe; i.e.,
there is a reasonable certainty that no
harm will result from aggregate
exposure to the pesticide chemical
residue.
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Tolerances are typically not
established for poultry kidneys,
consequently, the associated tolerance is
not necessary and the Agency
determined that the tolerance for
poultry, kidney at 0.2 ppm should be
revoked. Concomitant with revoking the
poultry, kidney tolerance, the tolerance
for poultry, meat byproducts (except
kidney, liver) should be revised to
poultry, meat byproducts, except liver.
Therefore, EPA proposes revoking the
tolerance in 40 CFR 180.317(a) for the
combined propyzamide residues of
concern in or on poultry, kidney and
revising the tolerance poultry, meat
byproducts, (except kidney, liver) to
poultry, meat byproducts, except liver.
Based on available confined
accumulation in rotational crops data
that indicate residues of propyzamide
and its metabolites are as high as 0.10
ppm in wheat forage; 0.038 ppm in
wheat, grain, and 0.181 ppm in wheat,
straw, the Agency determined that
tolerances for inadvertent or indirect
residues should be established in/on
cereal, grain, forage at 0.6 ppm; cereal,
grain, hay at 0.2 ppm; and cereal, grain,
straw at 0.3 ppm. Therefore, EPA
proposes establishing tolerances in 40
CFR 180.317(d) for the combined
residues of the herbicide propyzamide
and its metabolites (containing the 3,5dichlorobenzoyl moiety calculated as
3,5-dichloro-N-(1,1-dimethyl-2propynyl)benzamide) in or on grain,
cereal, forage, group 16 at 0.6 ppm;
grain, cereal, hay, group 16 at 0.2 ppm;
and grain, cereal, straw, group 16 at 0.3
ppm.
Based on the available field trial data
that indicate the combined residues of
propyzamide are as high as 8.68 ppm
in/on alfalfa seed, the Agency
determined that a tolerance should be
established in/on alfalfa, seed at 10.0
ppm. Therefore, EPA is proposing to
establish tolerances in 40 CFR
180.317(a) for the combined
propyzamide residues of concern in/on
alfalfa, seed at 10.0 ppm. The Agency
determined that the increased tolerances
are safe; i.e., there is a reasonable
certainty that no harm will result from
aggregate exposure to the pesticide
chemical residue.
EPA is also revising commodity
terminology to conform to current
Agency practice. Therefore, EPA
proposes modifying a tolerance in 40
CFR 180.317(a) in/on lettuce to lettuce,
head; fruit, stone to fruit, stone group
12; nongrass animal feeds to animal
feed, nongrass, group 18; radicchio,
greens (tops) to radicchio; cattle, meat
byproducts, except kidney, liver; goat,
meat byproducts, except kidney, liver;
hog, meat byproducts, except kidney,
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liver; horse, meat byproducts, except
kidney, liver; sheep, meat byproducts,
except kidney, liver to cattle, meat
byproducts, except kidney and liver;
goat, meat byproducts, except kidney
and liver; hog, meat byproducts, except
kidney and liver; horse, meat
byproducts, except kidney and liver;
and sheep, meat byproducts, except
kidney and liver and in 40 CFR
180.317(c) in/on pea, dried, winter to
pea, field, seed.
Currently, there are no Codex MRLs
in place for propyzamide.
7. Ethofumesate. Tolerances in 40
CFR 180.345(a)(1) and (a)(2) are
regulated for the combined residues of
the herbicide ethofumesate (2-ethoxy2,3-dihydro-3,3-dimethyl-5benzofuranyl methanesulfonate) and its
metabolites 2-hydroxy-2,3-dihydro-3,3dimethyl-5-benzofuranyl
methanesulfonate and 2,3-dihydro-3,3dimethyl-2-oxo-5-benzofuranyl
methanesulfonate both calculated as
parent compound in/on raw agricultural
commodities for (a)(1) and in/on the
processed feeds when present as a result
of application to growing crops. When
the residues of concern are the same for
both processed feeds and the raw
agricultural commodities, it is
administrative practice to regulate them
in the same paragraph. Therefore, EPA
proposes combining the tolerances in 40
CFR 180.345(a)(1) and (a)(2) into 40 CFR
180.345(a).
As there are presently no regulated
poultry or swine feed items associated
with the registrated uses of
ethofumesate, the hog fat, meat, and
meat byproduct tolerances are no longer
needed. Also, based on available field
trial data that indicate residues of
ethofumesate and its regulated
metabolites are as high as 0.25 ppm in/
on sugar beet roots, 3.1 ppm in/on sugar
beet tops, 4.28 ppm in/on garden beet
tops, the Agency determined that the
tolerances should be increased to 0.3
ppm on sugar beet roots, 4.0 ppm sugar
beet tops, and 5.0 ppm in/on garden
beet tops. Therefore, EPA is proposing
to revoke the tolerances in newly
revised 40 CFR 180.345(a) for the
combined residues of the herbicide
ethofumesate (2-ethoxy-2,3-dihydro-3,3dimethyl-5-benzofuranyl
methanesulfonate) and its metabolites 2hydroxy-2,3-dihydro-3,3-dimethyl-5benzofuranyl methanesulfonate and 2,3dihydro-3,3-dimethyl-2-oxo-5benzofuranyl methanesulfonate both
calculated as parent compound in/on
hog, fat at 0.05 ppm, hog, meat at 0.05
ppm and hog, meat byproducts at 0.05
ppm. Also, EPA proposes increasing the
tolerances in/on beet, sugar, roots from
0.1 to 0.3 ppm; beet, sugar, tops from
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1.00 to 4.0 ppm; beet, garden, tops from
4.0 to 5.0 ppm in newly revised 40 CFR
180. 345(a). The Agency determined
that the increased tolerances are safe;
i.e., there is a reasonable certainty that
no harm will result from aggregate
exposure to the pesticide chemical
residue.
Based on the 0.5x processing factor
for refined sugar and the highest average
field trial residues of 0.25 ppm in beet
roots, the expected combined
ethofumesate residues of concern would
be 0.125 ppm in refined sugar; therefore,
the Agency has determined the
tolerance for refined sugar should be
0.20 ppm. EPA is also modifying
commodity terminology to conform to
current Agency practice. Therefore, EPA
is proposing to establish the tolerances
in newly revised 40 CFR 180.345(a) for
the combined residues of the herbicide
ethofumesate (2-ethoxy-2,3-dihydro-3,3dimethyl-5-benzofuranyl
methanesulfonate) and its metabolites 2hydroxy-2,3-dihydro-3,3-dimethyl-5benzofuranyl methanesulfonate and 2,3dihydro-3,3-dimethyl-2-oxo-5benzofuranyl methanesulfonate both
calculated as parent compound in/on
beet, sugar, refined sugar at 0.20 ppm.
Also, EPA proposes modifying
tolerances in newly recodified 40 CFR
180.345(a) from sugar beet molasses to
beet, sugar, molasses.
Since publication of the RED, EPA
established tolerances in 40 CFR
180.345 in/on garden beets, sugar beets
and carrots.
Currently, there are no Codex MRLs
in place for ethofumesate.
8. Permethrin. The tolerance on
cotton, undelinted seed at 0.5 ppm in 40
CFR 180.378(a) expired on November
15, 1997, and should be removed from
the CFR. Because the only tolerance in
40 CFR 180.378(a) has expired, EPA
proposes removing existing 40 CFR
180.378(a) in its entirety. Currently,
tolerances in 40 CFR 180.378(b)
permethrin [(3-phenoxyphenyl)methyl
3-(2,2-dichloroethenyl)-2,2dimethylcyclopropane carboxylate],
DCVA [3-(2,2-dichloroethenyl)-2,2dimethylcyclopropane carboxylate], and
MPBA [3-phenoxyphenyl)methanol (3phenoxybenzoic acid)] on plant
commodities; 180.378(c) permethrin,
DCVA, MPBA, and 3-phenoxybenzoic
acid (3-PBA) in/on animal commodities;
and 180.378(d) regional registrations are
regulated for permethrin, DCVA and
MPBA. Based on new toxicity studies
and structural (molecular level) activity
relationship (SAR) considerations, the
Agency determined that residues of
concern for regulation should consist of
the cis- and trans-permethrin isomers
for both plant and animal commodities.
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(This change also harmonizes the
residues for regulation with MRLs for
Codex, Canada and Mexico.)
Consequently, the existing separation of
plant tolerances in 40 CFR 180.378(b)
and animal tolerances in 180.378(c) is
no longer needed and should be
combined into newly revised 40 CFR
180.378(a). Regional tolerances in 40
CFR 180.378(d) should be transferred to
180.378(c), and newly revised paragraph
(b) and (d) should be established and
reserved for section 18 emergency
exemptions and indirect or inadvertent
residues, respectively, in order to
conform to current Agency practice.
Therefore, EPA proposes changing the
tolerance expression and transferring
tolerances in 40 CFR 180.378(b) and (c)
into 40 CFR 180.378(a) for the combined
residues of the insecticide cis- and
trans-permethrin isomers [cis-(3phenoxyphenyl)methyl 3-(2,2dichloroethenyl)-2,2dimethylcyclopropane carboxylate] and
[trans-(3-phenoxyphenyl)methyl 3-(2,2dichloroethenyl)-2,2dimethylcyclopropane carboxylate] in/
on food commodities; reserving 40 CFR
180.378(b) for section 18 exemptions;
transferring the tolerances in 40 CFR
180.378(d) to 40 CFR 180.378 (c)
tolerances with regional registrations for
the combined residues of the insecticide
cis- and trans-permethrin isomers [cis(3-phenoxyphenyl)methyl 3-(2,2dichloroethenyl)-2,2dimethylcyclopropane carboxylate] and
[trans-(3-phenoxyphenyl)methyl 3-(2,2dichloroethenyl)-2,2dimethylcyclopropane carboxylate] in/
on food commodities; and reserving 40
CFR 180.378(d) for indirect or
inadvertent residues.
EPA is modifying commodity
terminology to conform to current
Agency administrative practice and
based on available field trial data that
indicate residues of permethrin as high
as 15.2 ppm in/on alfalfa (fresh), 44.5
ppm in/on alfalfa hay, 4.0 ppm in/on
globe artichokes, 0.32 ppm in/on
cauliflower, 42.6 ppm in/on corn forage,
27.1 ppm in/on field and sweet corn
stover, 0.26 ppm in/on eggplant, 0.48
ppm in/on horseradish, 4.9 ppm in/on
mushrooms, 0.92 ppm in/on peaches,
<0.02 ppm in/on pears and apples, 0.47
in/on bell peppers, 1.27 ppm in/on
squash, 0.52 ppm in/on cucumbers and
1.2 ppm in/on melons (where squash,
cucumber and melon are representative
of the vegetable cucurbit group 9); the
Agency determined that the tolerance
should be decreased to 20.0 ppm in/on
alfalfa, forage; 45 ppm in/on alfalfa, hay;
5.0 ppm in/on artichoke, globe; 0.50
ppm in/on cauliflower; 0.50 ppm in/on
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eggplant; 0.5 ppm in/on horseradish; 5.0
ppm in/on mushroom; 0.50 ppm in/on
pepper, bell; 1.0 ppm in/on peach; 0.05
ppm in/on fruit, pome, group 11 (in
place of individual apple and pear
tolerances); 1.50 ppm in/on vegetable,
cucurbit, group 9. The Agency also
determined that the tolerances should
be decreased and separated (by field,
sweet, and pop varieties) for corn,
forage; and corn, stover as follows: 50
ppm in/on corn, field, forage; 50 ppm
in/on corn, sweet, forage; 30 ppm in/on
corn, field, stover; 30 ppm in/on corn,
pop, stover; and 30 ppm in/on corn,
sweet, stover. Therefore, EPA proposes
decreasing and revising tolerances in
newly revised 40 CFR 180.378(a) for the
combined permethrin residues of
concern in/on alfalfa, forage from 25.0
to 20 ppm; alfalfa, hay from 55.0 to 45
ppm; artichoke, globe from 10.0 to 5.0
ppm; cauliflower from 1.0 to 0.50 ppm;
corn, forage from 60.0 ppm to corn,
field, forage at 50 ppm and corn, sweet,
forage at 50 ppm; corn, stover at 60.0
ppm to corn, field, stover at 30 ppm and
corn, pop, stover at 30 ppm and corn,
sweet, stover at 30 ppm; eggplant from
1.0 to 0.50 ppm; horseradish from 1.0 to
0.50 ppm; mushroom from 6.0 to 5.0
ppm; pepper, bell from 1.0 to 0.5 ppm;
peach from 5.0 to 1.0 ppm; apple at 0.05
ppm and pear at 3.0 ppm to fruit, pome,
group 11 at 0.05 ppm; vegetable,
cucurbit, group 9 from 3.0 to 1.50 ppm.
Based on a cattle/ruminant feeding
study (at 10 and 50 ppm) and the
maximum theoretical dietary burden
(MTDB) of 40.3 ppm for dairy cattle, the
maximum expected residues of
permethrin would be 0.088 ppm in
whole milk (2.20 ppm in milk fat), 0.064
ppm in meat, 0.88 ppm in fat, and 0.048
ppm in meat byproducts, the Agency
determined the tolerances should be 1.5
ppm for cattle, goat, horse, and sheep
fat; 0.10 ppm for cattle, goat, horse, and
sheep meat; 0.10 ppm for cattle, goat,
horse, and sheep meat byproducts; and
3.0 ppm for milk, fat. A hog feeding
study is not available; however, the
maximum potential residues resulting
from dietary exposure can be estimated
for hogs using data from the above
ruminant feeding study. The 10 ppm
feeding level in the cattle feeding study
is equivalent to 167x the MTDB for
swine. The maximum expected residues
for permethrin in hogs would be <0.01
ppm in meat, meat byproducts, and in
fat; therefore, the Agency has
determined the tolerances should be
0.05 ppm for hog fat, meat and meat
byproducts. Based on poultry feeding
studies and the MTDB of 4.05 ppm and
11 ppm for poultry, the maximum
potential residues of permethrin would
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be 0.025 ppm in eggs; <0.01 ppm in
liver; 0.009 ppm in muscle; and 0.25–
0.30 ppm in fat, the Agency determined
the tolerances should be 0.10 ppm for
egg and 0.05 ppm for poultry meat
byproducts. Therefore, EPA proposes
decreasing and modifying tolerances in
newly revised 40 CFR 180.378(a) for the
combined permethrin residues of
concern in/on cattle, fat from 3.0 to 1.50
ppm; cattle, meat from 0.25 to 0.10 ppm;
cattle, meat byproducts from 2.0 to 0.10
ppm; egg from 1.0 to 0.10 ppm; goat, fat
from 3.0 to 1.50 ppm; goat, meat from
0.25 to 0.10 ppm; goat, meat byproducts
from 2.0 to 0.10 ppm; hog, fat from 3.0
to 0.05 ppm; hog, meat from 0.25 to 0.05
ppm; hog, meat byproducts from 3.0 to
0.05 ppm; horse, fat from 3.0 to 1.50
ppm; horse, meat from 0.25 to 0.10 ppm;
horse, meat byproducts from 2.0 to 0.10
ppm; milk, fat (reflecting 0.25 ppm in
whole milk) from 6.25 to milk, fat
(reflecting 0.88 ppm in whole milk) at
3.0 ppm; poultry, meat byproducts from
0.25 to 0.05 ppm; sheep, fat from 3.0 to
1.50 ppm; sheep, meat from 0.25 to 0.10
ppm; and sheep, meat byproducts from
2.0 to 0.10 ppm.
Based on available field trial data that
indicate residues of permethrin as high
as 11.27 ppm in/on collards, 8.25 ppm
in/on turnip greens and 0.12 ppm in/on
turnip roots, the Agency determined
that the tolerance should be decreased
to 15 ppm in/on collards; 10 ppm in/on
turnip, greens; and 0.20 ppm in/on
turnip, roots. Therefore, EPA proposes
decreasing and revising tolerances in
newly revised 40 CFR 180.378(c) for the
combined permethrin residues of
concern in/on collards from 20 to 15
ppm; turnip, greens from 20 ppm to
turnip, tops at 10 ppm; and turnip, roots
from 1 to 0.20 ppm. EPA also proposes
recodifying and revising grass, range at
15 ppm in newly revised 40 CFR
180.378(a) to 40 CFR 180.378(c) as grass,
hay at 15 ppm and grass, forage at 15
ppm.
Based on available field trial data that
indicate residues of permethrin as high
as 1.24 ppm in/on asparagus, 1.76 ppm
in/on broccoli, and 3.94 ppm in/on
cherries, the Agency determined that
the tolerance should be increased to 2.0
ppm in/on asparagus, 2.0 ppm in/on
broccoli, and 4.0 ppm in/on cherry.
Therefore, EPA proposes increasing and
revising tolerances in newly revised 40
CFR 180.378(a) for the combined
permethrin residues of concern in/on
asparagus from 1.0 to 2.0 ppm; broccoli
from 1.0 to 2.0 ppm; and cherry from 3.0
to cherry, sweet at 4.0 ppm and cherry,
tart at 4.0 ppm. The Agency determined
that the increased tolerances are safe;
i.e., there is a reasonable certainty that
no harm will result from aggregate
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exposure to the pesticide chemical
residue.
Based on available field trial data that
indicate residues of permethrin as high
as 4.0 ppm in/on celery, the Agency has
determined the individual tolerance on
celery should be replaced with the leaf
petioles subgroup 4B at 5.0 ppm. Based
on available data that indicate residues
of permethrin as high as 0.386 ppm in/
on aspirated grain fractions, the Agency
has determined the tolerance should be
established for grain, aspirated fractions
at 0.50 ppm. Therefore, EPA proposes
establishing the tolerance in newly
revised 40 CFR 180.378(a) for the
combined permethrin residues of
concern in/on grain, aspirated fractions
at 0.50 ppm and revising from celery to
leaf petioles subgroup 4B at 5.0 ppm.
EPA is also modifying commodity
terminology to conform to current
Agency administrative practice;
therefore, the Agency proposes revising
the terminology for tolerances in newly
revised 40 CFR 180.378(a) for the
combined residues of the insecticide
permethrin [(3-phenoxyphenyl)methyl
3-(2,2-dichloroethenyl)-2,2dimethylcyclopropane carboxylate] and
its cis- andtrans-isomers in/on corn,
grain to corn, field, grain and corn, pop,
grain; filbert to hazelnut; onion, dry
bulb to onion, bulb; garlic to garlic,
bulb; and soybean to soybean, seed.
The proposed tolerance actions herein
for permethrin, to implement the
recommendations of the permethrin
RED, reflect use patterns in the U.S.
which support a different tolerance than
the Codex level on pome fruit,
asparagus, eggplant, cherries, peaches,
bell peppers, and meats of cattle, goats,
hogs, horses, sheep and poultry because
of differences in good agricultural
practices and determination of
secondary residue levels in livestock
commodities. However, compatibility
currently exists with potatoes and
soybean seed, and will exist between
the proposed reassessed U.S. tolerances
and Codex MRLs for permethrin
residues in or on broccoli, cauliflower,
eggs, and horseradish.
9. Dimethipin. The available animal
feeding study data reflecting
exaggerated dosing levels indicate that
there is no expectation of finite residues
(category 3 of 40 CFR 180.6(a)(3)) in the
fat, meat, and meat byproducts of cattle,
goats, hogs, horses, and sheep so that a
tolerance is not necessary for the fat,
meat and meat byproducts of cattle,
goats, hogs, horses, and sheep and
should be revoked. However, the
Agency has decided to retain the
tolerances in the meat and meat
byproducts of cattle, goats, hogs, horses,
and sheep solely to harmonize with
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Codex MRLs. Therefore, the Agency has
determined to retain and decrease the
tolerances from 0.02 to 0.01 ppm in
meat and meat byproducts of cattle,
goats, hogs, horses, and sheep to
harmonize with current Codex MRLs
(which were reduced from 0.02 ppm to
0.01 ppm since publication of the RED).
Therefore, EPA proposes revoking the
tolerances in 40 CFR 180.406(a) for
dimethipin residues of concern in or on
cattle, fat at 0.02 ppm; goat, fat at 0.02
ppm; hog, fat at 0.02 ppm, horse, fat at
0.02 ppm and sheep fat at 0.02 ppm and
decreasing the tolerances in/on cattle,
meat from 0.02 to 0.01 ppm; cattle, meat
byproducts from 0.02 to 0.01 ppm; goat,
meat from 0.02 to 0.01 ppm; goat, meat
byproducts from 0.02 to 0.01 ppm; hog,
meat from 0.02 to 0.01 ppm; hog, meat
byproducts from 0.02 to 0.01 ppm;
horse, meat from 0.02 to 0.01 ppm;
horse, meat byproducts from 0.02 to
0.01 ppm; sheep, meat from 0.02 to 0.01
ppm; and sheep, meat byproducts from
0.02 to 0.01ppm.
Tolerances are currently established
on cotton, undelinted seed at 0.05 ppm
and cotton, hulls at 0.7 ppm. Because
the processing data for cotton, hulls
indicate an average concentration factor
of 0.95x, tolerances for cotton, hulls are
not necessary since residues do not
concentrate and the tolerance for cotton,
undelinted seed will cover residues on
cotton hulls. Therefore, EPA is
proposing to revoke the tolerances in 40
CFR 180.406(a) for dimethipin residues
of concern in/on cotton, hulls at 0.7
ppm.
Currently, the Codex MRLs and U.S.
tolerances for dimethipin are not
harmonized in/on cotton seed and
cotton seed oil because of differences in
good agricultural practices. However,
the proposed tolerance actions herein to
implement the dimethipin RED will
harmonize U.S. tolerances and Codex
MRLs in or on meat and meat
byproducts of cattle, goats, hogs, horses
and sheep.
10. Fenarimol. Currently, the
tolerance in 40 CFR 180.421(a) for
residues of fenarimol in/on apple is 0.1
ppm (September 15, 2006, 71 FR 54423)
(FRL–8077–9). The Codex MRL is 0.3
ppm. EPA proposes increasing the
tolerances in 40 CFR 180.421(a) for
residues of fenarimol in/on apple from
0.1 to 0.3 ppm in order to harmonize
with Codex in response to concerns
raised by the Chinese after publication
of the September 15, 2006 Federal
Register rulemaking. The Agency
determined that the increased tolerances
are safe; i.e., there is a reasonable
certainty that no harm will result from
aggregate exposure to the pesticide
chemical residue.
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11. Fomesafen. Currently, the
tolerance in 40 CFR 180.433(a) for
residues of fomesafen in/on bean, dry
and bean, snap, succulent are each
0.025 ppm (May 3, 2006 (71 FR 25945)
(FRL–8062–6). The Canadian MRL is
0.05 ppm bean, dry and bean, snap,
succulent. EPA proposes increasing the
tolerances in 40 CFR 180.433(a) for
residues of fomesafen in/on bean, dry
and bean, snap, succulent from 0.025 to
0.05 ppm in order to harmonize with
the Canadian MRLs in support of North
American Free Trade Agreement
(NAFTA). The Agency determined that
the increased tolerances are safe; i.e.,
there is a reasonable certainty that no
harm will result from aggregate
exposure to the pesticide chemical
residue.
B. What is the Agency’s Authority for
Taking this Action?
A ‘‘tolerance’’ represents the
maximum level for residues of pesticide
chemicals legally allowed in or on raw
agricultural commodities and processed
foods. Section 408 of FFDCA, 21 U.S.C.
346a, as amended by the FQPA of 1996,
Public Law 104–170, authorizes the
establishment of tolerances, exemptions
from tolerance requirements,
modifications in tolerances, and
revocation of tolerances for residues of
pesticide chemicals in or on raw
agricultural commodities and processed
foods. Without a tolerance or
exemption, food containing pesticide
residues is considered to be unsafe and
therefore ‘‘adulterated’’ under section
402(a) of the FFDCA, 21 U.S.C. 342(a).
Such food may not be distributed in
interstate commerce (21 U.S.C. 331(a)).
For a food-use pesticide to be sold and
distributed, the pesticide must not only
have appropriate tolerances under the
FFDCA, but also must be registered
under FIFRA (7 U.S.C. 136 et seq.).
Food-use pesticides not registered in the
United States must have tolerances in
order for commodities treated with
those pesticides to be imported into the
United States.
EPA is proposing these tolerance
actions to implement the tolerance
recommendations made during the
reregistration and tolerance
reassessment processes (including
follow-up on canceled or additional
uses of pesticides). As part of these
processes, EPA is required to determine
whether each of the amended tolerances
meets the safety standard of the Food
Quality Protection Act (FQPA). The
safety finding determination is
discussed in detail in each post-FQPA
RED and TRED for the active ingredient.
REDs and TREDs recommend the
implementation of certain tolerance
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actions, including modifications to
reflect current use patterns, to meet
safety findings, and change commodity
names and groupings in accordance
with new EPA policy. Printed and
electronic copies of the REDs and
TREDs are available as provided in Unit
II.A.
EPA has issued post-FQPA REDs for
2,4-D, dodine, DCPA, endothall,
ethofumesate, permethrin, and
dimethipin, and TREDs for captan,
propyzamide, and fenarimol, whose
REDs were both completed prior to
FQPA.1 REDs and TREDs contain the
Agency’s evaluation of the data for these
pesticides, including requirements for
additional data on the active ingredients
to confirm the potential human health
and environmental risk assessments
associated with current product uses,
and in REDs state conditions under
which these uses and products will be
eligible for reregistration. The REDs and
TREDs recommended the establishment,
modification, and/or revocation of
specific tolerances. RED and TRED
recommendations such as establishing
or modifying tolerances, and in some
cases revoking tolerances, are the result
of assessment under the FQPA standard
of ‘‘reasonable certainty of no harm.’’
However, tolerance revocations
recommended in REDs and TREDs that
are proposed in this document do not
need such assessment when the
tolerances are no longer necessary.
EPA’s general practice is to propose
revocation of tolerances for residues of
pesticide active ingredients on crops for
which FIFRA registrations no longer
exist and on which the pesticide may
therefore no longer be used in the
United States. EPA has historically been
concerned that retention of tolerances
that are not necessary to cover residues
in or on legally treated foods may
encourage misuse of pesticides within
the United States. Nonetheless, EPA
will establish and maintain tolerances
even when corresponding domestic uses
are canceled if the tolerances, which
EPA refers to as ‘‘import tolerances,’’ are
necessary to allow importation into the
United States of food containing such
pesticide residues. However, where
there are no imported commodities that
require these import tolerances, the
Agency believes it is appropriate to
revoke tolerances for unregistered
1 A RED for fomesafen was not needed because it
was registered after November 1, 1984 and not
subject to reregistration eligibility, and its
tolerances were reassessed prior to completion of a
TRED, such that a RED for fomesafen was no longer
needed because EPA made a safety finding which
reassessed its tolerances according to FQPA
standards.
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pesticides in order to prevent potential
misuse.
Furthermore, as a general matter, the
Agency believes that retention of import
tolerances not needed to cover any
imported food may result in
unnecessary restriction on trade of
pesticides and foods. Under section 408
of the FFDCA, a tolerance may only be
established or maintained if EPA
determines that the tolerance is safe
based on a number of factors, including
an assessment of the aggregate exposure
to the pesticide and an assessment of
the cumulative effects of such pesticide
and other substances that have a
common mechanism of toxicity. In
doing so, EPA must consider potential
contributions to such exposure from all
tolerances. If the cumulative risk is such
that the tolerances in aggregate are not
safe, then every one of these tolerances
is potentially vulnerable to revocation.
Furthermore, if unneeded tolerances are
included in the aggregate and
cumulative risk assessments, the
estimated exposure to the pesticide
would be inflated. Consequently, it may
be more difficult for others to obtain
needed tolerances or to register needed
new uses. To avoid potential trade
restrictions, the Agency is proposing to
revoke tolerances for residues on crops
uses for which FIFRA registrations no
longer exist, unless someone expresses
a need for such tolerances. Through this
proposed rule, the Agency is inviting
individuals who need these import
tolerances to identify themselves and
the tolerances that are needed to cover
imported commodities.
Parties interested in retention of the
tolerances should be aware that
additional data may be needed to
support retention. These parties should
be aware that, under FFDCA section
408(f), if the Agency determines that
additional information is reasonably
required to support the continuation of
a tolerance, EPA may require that
parties interested in maintaining the
tolerances provide the necessary
information. If the requisite information
is not submitted, EPA may issue an
order revoking the tolerance at issue.
When EPA establishes tolerances for
pesticide residues in or on raw
agricultural commodities, consideration
must be given to the possible residues
of those chemicals in meat, milk,
poultry, and/or eggs produced by
animals that are fed agricultural
products (for example, grain or hay)
containing pesticides residues (40 CFR
180.6). When considering this
possibility, EPA can conclude that:
1. Finite residues will exist in meat,
milk, poultry, and/or eggs.
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2. There is a reasonable expectation
that finite residues will exist.
3. There is a reasonable expectation
that finite residues will not exist. If
there is no reasonable expectation of
finite pesticide residues in or on meat,
milk, poultry, or eggs, tolerances do not
need to be established for these
commodities (40 CFR 180.6(b) and (c)).
EPA has evaluated certain specific
meat, milk, poultry, and egg tolerances
proposed for revocation in this
proposed rule and has concluded that
there is no reasonable expectation of
finite pesticide residues of concern in or
on those commodities.
C. When do These Actions Become
Effective?
EPA is proposing that modifications,
establishment, commodity terminology
revisions, and revocation of these
tolerances become effective on the date
of publication of the final rule in the
Federal Register because (1) with
respect to the revocations, their
associated uses have been canceled for
several years and (2) none of the other
tolerance actions proposed here are
expected to result in adulterated
commodities. The Agency believes that
with respect to the tolerances proposed
for revocation, treated commodities
have had sufficient time for passage
through the channels of trade. However,
if EPA is presented with information
that existing stocks would still be
available and that information is
verified, the Agency will consider
extending the expiration date of the
tolerance. If you have comments
regarding existing stocks and whether
the effective date allows sufficient time
for treated commodities to clear the
channels of trade, please submit
comments as described under
SUPPLEMENTARY INFORMATION.
Any commodities listed in this
proposal treated with the pesticides
subject to this proposal, and in the
channels of trade following the
tolerance revocations, shall be subject to
FFDCA section 408(1)(5), as established
by FQPA. Under this section, any
residues of these pesticides in or on
such food shall not render the food
adulterated so long as it is shown to the
satisfaction of the Food and Drug
Administration that:
1. The residue is present as the result
of an application or use of the pesticide
at a time and in a manner that was
lawful under FIFRA, and
2. The residue does not exceed the
level that was authorized at the time of
the application or use to be present on
the food under a tolerance or exemption
from a tolerance. Evidence to show that
food was lawfully treated may include
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records that verify the dates when the
pesticide was applied to such food.
III. Are the Proposed Actions
Consistent with International
Obligations?
The tolerance revocations in this
proposal are not discriminatory and are
designed to ensure that both
domestically produced and imported
foods meet the food safety standard
established by the FFDCA. The same
food safety standards apply to
domestically produced and imported
foods.
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 MRLs established by the
Codex Alimentarius Commission, as
required by section 408(b)(4) of the
FFDCA. 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 in a notice
published for public comment. EPA’s
effort to harmonize with Codex MRLs is
summarized in the tolerance
reassessment section of individual REDs
and TREDs, and in the Residue
Chemistry document which supports
the RED and TRED, as mentioned in
Unit II.A. Specific tolerance actions in
this proposed rule and how they
compare to Codex MRLs (if any) are
discussed in Unit II.A.
IV. Statutory and Executive Order
Reviews
In this proposed rule, EPA is
proposing to establish tolerances under
FFDCA section 408(e), or also modify
and revoke specific tolerances
established under FFDCA section 408.
The Office of Management and Budget
(OMB) has exempted these types of
actions (e.g., establishment and
modification of a tolerance and
tolerance revocation for which
extraordinary circumstances do not
exist) from review under Executive
Order 12866, entitled Regulatory
Planning and Review (58 FR 51735,
October 4, 1993). Because this proposed
rule has been exempted from review
under Executive Order 12866 due to its
lack of significance, this proposed rule
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is not subject to Executive Order 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001). This proposed rule does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., or impose any
enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public
Law 104–4). Nor does it require any
special considerations as required by
Executive Order 12898, entitled Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or
any other Agency action under
Executive Order 13045, entitled
Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This action does not involve any
technical standards that would require
Agency 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 note). Pursuant to
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), the Agency
previously assessed whether
establishment of tolerances, exemptions
from tolerances, raising of tolerance
levels, expansion of exemptions, or
revocations might significantly impact a
substantial number of small entities and
concluded that, as a general matter,
these actions do not impose a significant
economic impact on a substantial
number of small entities. These analyses
for tolerance establishments and
modifications, and for tolerance
revocations were published on May 4,
1981 (46 FR 24950) and on December
17, 1997 (62 FR 66020), respectively,
and were provided to the Chief Counsel
for Advocacy of the Small Business
Administration. Taking into account
this analysis, and available information
concerning the pesticides listed in this
proposed rule, the Agency hereby
certifies that this proposed action will
not have a significant negative economic
impact on a substantial number of small
entities. In a memorandum dated May
25, 2001, EPA determined that eight
conditions must all be satisfied in order
for an import tolerance or tolerance
exemption revocation to adversely affect
a significant number of small entity
importers, and that there is a negligible
joint probability of all eight conditions
holding simultaneously with respect to
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any particular revocation. (This Agency
document is available in the docket of
this proposed rule). Furthermore, for the
pesticides named in this proposed rule,
the Agency knows of no extraordinary
circumstances that exist as to the
present proposal that would change
EPA’s previous analysis. Any comments
about the Agency’s determination
should be submitted to EPA along with
comments on the proposal, and will be
addressed prior to issuing a final rule.
In addition, the Agency has determined
that this action will not have a
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ This proposed
rule directly regulates growers, food
processors, food handlers and food
retailers, not States. 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 the
FFDCA. For these same reasons, the
Agency has determined that this
proposed rule does not have any ‘‘tribal
implications’’ as described in Executive
Order 13175, entitled Consultation and
Coordination with Indian Tribal
Governments (65 FR 67249, November
6, 2000). Executive Order 13175,
requires EPA to develop an accountable
process to ensure ‘‘meaningful and
timely input by tribal officials in the
development of regulatory policies that
have tribal implications.’’ ‘‘Policies that
have tribal implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on one or more Indian tribes, on
the relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
proposed rule will not have substantial
direct effects on tribal governments, on
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the relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this proposed rule.
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: May 30, 2007.
Debra Edwards,
Director, Office of Pesticide Programs.
Therefore, it is proposed that 40 CFR
chapter I be amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
Commodity
Vegetable, brassica leafy,
group 5 ..................................
Vegetable, bulb, group 3 ..........
Vegetable, cucurbit, group 9 ....
Vegetable, foliage of legume,
group 7 ..................................
Vegetable, fruiting, group 8 ......
Vegetable, leafy, except brassica, group 4 .........................
Vegetable, leaves of root and
tuber, group 2 .......................
Vegetable, legume, group 6 .....
Vegetable, root and tuber,
group 1 ..................................
§ 180.103
Captan; tolerances for residues.
(a)(1) General. Tolerances are
established for residues of the fungicide,
captan (N-trichloromethylthio-4cyclohexene-1,2-dicarboximide) in or on
the following commodities:
Parts per
million
Commodity
Almond ......................................
Almond, hulls ............................
Animal feed, nongrass, group
18 ..........................................
Apple .........................................
Apricot .......................................
Blueberry ..................................
Caneberry, subgroup 13A ........
Cherry, sweet ...........................
Cherry, tart ................................
Cotton, undelinted seed ...........
Dill, seed ...................................
Flax, seed .................................
Grape ........................................
Grain, cereal, forage, fodder
and straw, group 16 ..............
Grain, cereal, group 15 ............
Grass, forage ............................
Grass, hay ................................
Nectarine ..................................
Okra ..........................................
Peach ........................................
Peanut ......................................
Peanut, hay ..............................
Pear ..........................................
Plum, prune, fresh ....................
Rapeseed, forage .....................
Rapeseed, seed .......................
Safflower, seed .........................
Sesame, seed ...........................
Strawberry ................................
Sunflower, seed ........................
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
0.25
75.0
0.05
25.0
10.0
20.0
25.0
50.0
50.0
0.05
0.05
0.05
25.0
Commodity
Cattle, fat ..................................
Cattle, meat ..............................
Cattle, meat byproducts ...........
Goat, fat ....................................
Goat, meat ................................
Goat, meat byproducts .............
Hog, fat .....................................
Hog, meat .................................
Hog, meat byproducts ..............
Horse, fat ..................................
Horse, meat ..............................
Horse, meat byproducts ...........
Milk ...........................................
Sheep, fat .................................
Sheep, meat .............................
Sheep, meat byproducts ..........
0.05
0.05
0.05
0.05
0.05
0.05
Parts per
million
0.15
0.20
0.30
0.15
0.20
0.30
0.15
0.20
0.30
0.15
0.20
0.30
0.10
0.15
0.20
0.30
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
[Reserved]
3. Section 180.142 is revised to read
as follows:
§ 180.142
0.05
0.05
0.05
0.05
25.0
0.05
15.0
0.05
0.05
25.0
10.0
0.05
0.05
0.05
0.05
20.0
0.05
0.05
0.05
0.05
(2) Tolerances are established for the
combined residues of the fungicide,
captan (N-trichloromethylthio-4cyclohexene-1,2-dicarboximide) and its
metabolite 1,2,3,6tetrahydrophthalimide (THPI),
measured at THPI, in or on the
following commodities:
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.103 is revised to read
as follows:
Parts per
million
2, 4-D; tolerances for residues
(a) General. Tolerances are
established for residues of the herbicide,
plant regulator, and fungicide 2, 4-D
(2,4-dichlorophenoxyacetic acid), both
free and conjugated, determined as the
acid, in or on the following food
commodities:
Commodity
Almond hulls .............................
Asparagus .................................
Barley, bran ..............................
Barley, grain .............................
Barley, straw .............................
E:\FR\FM\06JNP1.SGM
06JNP1
Parts per
million
0.1
5.0
4.0
2.0
50
Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Proposed Rules
rmajette on PROD1PC64 with PROPOSALS
Commodity
Parts per
million
Berry, group 13 .........................
Cattle, fat ..................................
Cattle, kidney ............................
Cattle, meat ..............................
Cattle, meat byproducts, except
kidney ....................................
Corn, field, forage .....................
Corn, field, grain .......................
Corn, field, stover .....................
Corn, pop, grain ........................
Corn, pop, stover ......................
Corn, sweet, forage ..................
Corn, sweet, kernel plus cob
with husks removed ..............
Corn, sweet, stover ..................
Fish ...........................................
Fruit, citrus, group 10 ...............
Fruit, pome, group 11 ...............
Fruit, stone, group 12 ...............
Goat, fat ....................................
Goat, kidney .............................
Goat, meat ................................
Goat, meat byproducts, except
kidney ....................................
Grain, aspirated fractions .........
Grape ........................................
Grass, forage ............................
Grass, hay ................................
Hop, dried cones ......................
Horse, fat ..................................
Horse, kidney ............................
Horse, meat ..............................
Horse, meat byproducts, except
kidney ....................................
Millet, forage .............................
Millet, grain ...............................
Millet, straw ...............................
Milk ...........................................
Nut, tree, group 14 ...................
Oat, forage ................................
Oat, grain ..................................
Oat, straw .................................
Pistachio ...................................
Potato .......................................
Rice, grain ................................
Rice, hulls .................................
Rice, straw ................................
Rye, bran ..................................
Rye, forage ...............................
Rye, grain .................................
Rye, straw .................................
Sheep, fat .................................
Sheep, kidney ...........................
Sheep, meat .............................
Sheep, meat byproducts, except kidney ............................
Shellfish ....................................
Sorghum, grain, forage .............
Sorghum, grain, grain ...............
Sorghum, grain, stover .............
Soybean, forage .......................
Soybean, hay ............................
Soybean, seed ..........................
Strawberry ................................
Sugarcane, cane ......................
Sugarcane, molasses ...............
Vegetable, leaves of root and
tuber, except potato, group 2
Vegetable, root and tuber, except potato, group 1 ..............
Wheat, bran ..............................
Wheat, forage ...........................
Wheat, grain .............................
VerDate Aug<31>2005
16:37 Jun 05, 2007
0.2
0.3
4.0
0.3
0.3
6.0
0.05
50
0.05
50
6.0
0.05
50
0.1
3.0
0.1
0.1
0.3
4.0
0.3
0.3
40
0.1
360
300
0.2
0.3
4.0
0.3
0.3
25
2.0
50
0.05
0.2
25
2.0
50
0.05
0.4
0.5
2.0
10
4.0
25
2.0
50
0.3
4.0
0.3
31235
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
Wheat, straw .............................
50
[Reserved]
5. Section 180.185 is revised to read
(b) Section 18 emergency exemptions.
as follows:
[Reserved]
(c) Tolerances with regional
§ 180.185 DCPA; tolerances for residues.
registrations. Tolerances with regional
registration, as defined in § 180.1(m) are
(a) General. Tolerances for the
established for residues of the herbicide, combined residues of the herbicide
plant regulator, and fungicide 2, 4-D
dimethyl tetrachloroterephthalate
(2,4-dichlorophenoxyacetic acid), both
(DCPA) and its metabolites
free and conjugated, determined as the
monomethyltetrachloroterephthalate
acid, in or on the following food
(MTP) and tetrachloroterephthalic acid
commodities:
(TCP) (calculated as dimethyl
tetrachloroterephthalate) are established
Parts per
in or on the following food
Commodity
million
commodities:
Parts per
million
Commodity
Rice, wild, grain ........................
0.05
(d) Indirect or inadvertent residues.
Tolerances are established for indirect
or inadvertent residues of the herbicide,
plant regulator, and fungicide 2, 4-D
(2,4-dichlorophenoxyacetic acid), both
free and conjugated, determined as the
acid, in or on the following food
commodities:
Parts per
million
Commodity
Animal feed, nongrass, group
18 ..........................................
Avocado ....................................
Dill, seed ...................................
Cotton, undelinted seed ...........
Okra ..........................................
Vegetable, brassica leafy,
group 5 ..................................
Vegetable, bulb, group 3 ..........
Vegetable, cucurbit, group 9 ....
Vegetable, foliage of legume,
group 7 ..................................
Vegetable, fruiting, group 8 ......
Vegetable, leafy, except brassica, group 4 .........................
Vegetable, legume, group 6 .....
0.2
0.05
0.05
0.05
0.05
0.4
0.05
0.05
0.2
0.05
Cantaloupe ...............................
Garlic ........................................
Ginseng ....................................
Horseradish ..............................
Muskmelon ...............................
Onion, bulb ...............................
Strawberry ................................
Tomato ......................................
Watermelon ..............................
Parts per
million
1.0
1.0
2.0
2.0
1.0
1.0
2.0
1.0
1.0
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. Tolerances with regional
registration, as defined in § 180.1(m) for
the combined inadvertent residues of
the herbicide dimethyl
tetrachloroterephthalate (DCPA) and its
metabolites monomethyl
tetrachloroterephthalate acid (MTP) and
terachlorophthalic acid (TCP)
(calculated as DCPA) in or on the
following food commodities:
0.4
0.05
4. Section 180.172 is revised to read
as follows:
§ 180.172
Commodity
Commodity
Radish, roots ............................
Radish, tops ..............................
Parts per
million
2.0
15.0
Dodine; tolerances for residues.
(a) General. Tolerances are
established for the fungicide dodine (n0.3 dodecylguanidine acetate) in or on the
1.0 following food commodities:
0.2
0.2
0.2
0.02
2.0
0.02
0.1
0.05
0.2
0.1
0.1
4.0
25
2.0
Jkt 211001
Commodity
Apple .........................................
Apple, wet pomace ...................
Cherry, sweet ...........................
Cherry, tart ................................
Peach ........................................
Pear ..........................................
Pecan ........................................
Strawberry ................................
Walnut .......................................
(d) Indirect or inadvertent residues.
Tolerances for the combined indirect or
inadvertent residues of the herbicide
dimethyl tetrachloroterephthalate
(DCPA) and its metabolites monomethyl
Parts per
tetrachloroterephthalate acid (MTP) and
million
terachlorophthalic acid (TCP)
5.0 (calculated as DCPA) in or on the
15.0 following food commodities:
3.0
3.0
5.0
5.0
0.3
5.0
0.3
(b) Section 18 emergency exemptions.
[Reserved]
PO 00000
Frm 00040
Fmt 4702
Sfmt 4702
Commodity
Basil, dried leaves ....................
Basil, fresh leaves ....................
Bean, dry ..................................
Bean, mung, seed ....................
Bean, snap, succulent ..............
Celeriac .....................................
E:\FR\FM\06JNP1.SGM
06JNP1
Parts per
million
20.0
5.0
2.0
2.0
2.0
2.0
31236
Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Proposed Rules
Commodity
Parts per
million
Chicory, roots ...........................
Chicory, tops .............................
Chive .........................................
Coriander, leaves .....................
Corn, field, forage .....................
Corn, field, grain .......................
Corn, field, stover .....................
Corn, pop, forage .....................
Corn, pop, grain ........................
Corn, pop, stover ......................
Corn, sweet, forage ..................
Corn, sweet, kernel plus cob
with husks removed ..............
Corn, sweet, stover ..................
Cotton, undelinted seed ...........
Cucumber .................................
Dill .............................................
Eggplant ....................................
Lettuce ......................................
Marjoram ...................................
Parsley, dried leaves ................
Parsley, leaves .........................
Pea, blackeyed, seed ...............
Pepper ......................................
Pimento .....................................
Potato .......................................
Radicchio ..................................
Radish, oriental, roots ..............
Radish, oriental, tops ................
Rutabaga ..................................
Soybean ....................................
Squash, summer ......................
Squash, winter ..........................
Sweet potato .............................
Turnip, roots .............................
Turnip, tops ...............................
Vegetable, brassica, leafy,
group 5 ..................................
Yam, true, tuber ........................
2.0
5.0
5.0
5.0
0.4
0.05
0.4
0.4
0.05
0.4
0.4
0.05
0.4
0.2
1.0
5.0
1.0
2.0
5.0
20.0
5.0
2.0
2.0
2.0
2.0
5.0
2.0
2.0
2.0
2.0
1.0
1.0
2.0
2.0
5.0
5.0
2.0
6. Section 180.293 is amended by
revising paragraph (a)(1) to read as
follows:
§ 180.293 Endothall; tolerances for
residues.
(a) General. (1) Tolerances are
established for the combined residues of
endothall, 7-oxabicyclo [2, 2, 1]
heptane-2, 3-dicarboxylic acid and its
monomethyl ester in or on the following
food commodities:
Commodity
Parts per
million
Cotton, undelinted seed ...........
Fish
Hop, dried cones ......................
Potato .......................................
Rice, grain ................................
Rice, straw
0.1
0.1
0.1
0.1
0.05
0.05
Alfalfa, seed ..............................
Animal feed, nongrass, group
18 ..........................................
Apple .........................................
Artichoke, globe ........................
Blackberry .................................
Blueberry ..................................
Boysenberry ..............................
Cattle, fat ..................................
Cattle, kidney ............................
Cattle, liver ................................
Cattle, meat ..............................
Cattle, meat byproducts, except
kidney and liver .....................
Egg ...........................................
Endive .......................................
Fruit, stone, group 12 ...............
Goat, fat ....................................
Goat, kidney .............................
Goat, liver .................................
Goat, meat ................................
Goat, meat byproducts, except
kidney and liver .....................
Grape ........................................
Hog, fat .....................................
Hog, kidney ...............................
Hog, liver ..................................
Hog, meat .................................
Hog, meat byproducts, except
kidney and liver .....................
Horse, fat ..................................
Horse, kidney ............................
Horse, liver ...............................
Horse, meat ..............................
Horse, meat byproducts, except
kidney and liver .....................
Lettuce, head ............................
Milk ...........................................
Pear ..........................................
Poultry, fat ................................
Poultry, liver ..............................
Poultry, meat ............................
Poultry, meat byproducts, except liver ................................
Radicchio ..................................
Raspberry .................................
Sheep, fat .................................
Sheep, kidney ...........................
Sheep, liver ...............................
Sheep, meat .............................
Sheep, meat byproducts, except kidney and liver .............
§ 180.317 Propyzamide; tolerances for
residues.
(a) General. * * *
VerDate Aug<31>2005
16:37 Jun 05, 2007
Jkt 211001
0.05
0.05
0.05
0.2
0.4
0.4
0.02
0.02
0.02
1.0
0.1
0.2
0.4
0.4
0.02
0.02
0.1
0.2
0.4
0.4
0.02
0.02
0.2
0.4
0.4
0.02
Parts per
million
Commodity
Cranberry ..........
0.05
Frm 00041
Fmt 4702
Sfmt 4702
Pea, field, seed .........................
Rhubarb ....................................
Parts per
million
0.05
0.1
(d) Indirect or inadvertent residues.
Tolerances are established for the
combined indirect or inadvertent
residues of the herbicide propyzamide
and its metabolites (containing the 3,5dichlorobenzoyl moiety calculated as
3,5-dichloro-N(1,1-dimethyl-2propynyl)benzamide) in or on the
following food commodities:
Commodity
Parts per
million
Grain, cereal, forage, group 16
Grain, cereal, hay, group 16 ....
Grain, cereal, straw, group 16 ..
0.6
0.2
0.3
8. Section 180.345 is amended by
revising paragraph (a) to read as follows:
§ 180.345 Ethofumesate; tolerances for
residues.
(a) General. Tolerances for the
combined residues of the herbicide
ethofumesate (2-ethoxy-2,3-dihydro-3,3dimethyl-5-benzofuranyl
methanesulfonate) and its metabolites 2hydroxy-2,3-dihydro-3,3-dimethyl-5benzofuranyl methanesulfonate and 2,30.02 dihydro-3,3-dimethyl-2-oxo-52.0 benzofuranyl methanesulfonate both
0.05 calculated as parent compound in or on
0.2 the following food commodities:
0.4
0.4
0.02
0.02
Expiration/
Revocation
Date
12/31/09
(c) Tolerances with regional
registrations. Tolerances with regional
registration, as defined in § 180.1(m) are
PO 00000
Commodity
0.02
1.0
0.02
0.1
0.02
0.2
0.02
(b) Section 18 emergency exemptions.
Time-limited tolerances are established
for the combined residues of the
herbicide propyzamide and its
metabolites (containing the 3,5dichlorobenzoyl moiety calculated as
3,5-dichloro-N(1,1-dimethyl-2propynyl)benzamide) in or on the
following food commodities:
*
rmajette on PROD1PC64 with PROPOSALS
*
*
*
*
7. Section 180.317 is amended by
revising the table in paragraph (a), and
paragraphs (b), (c), and (d), to read as
follows:
established for the combined residues of
the herbicide propyzamide and its
metabolites (containing the 3,510.0 dichlorobenzoyl moiety calculated as
3,5-dichloro-N(1,1-dimethyl-210.0
0.1 propynyl)benzamide) in or on the
0.01 following food commodities:
Parts per
million
Commodity
Commodity
Beet, garden, roots ...................
Beet, garden, tops ....................
Beet, sugar, molasses ..............
Beet, sugar, refined sugar ........
Beet, sugar, roots .....................
Beet, sugar, tops ......................
Cattle, fat ..................................
Cattle, meat ..............................
Cattle, meat byproducts ...........
Garlic ........................................
Goat, fat ....................................
Goat, meat ................................
Goat, meat byproducts .............
Grass, straw .............................
Horse, fat ..................................
Horse, meat ..............................
Horse, meat byproducts ...........
Onion, bulb ...............................
Shallot, bulb ..............................
Shallot, fresh leaves .................
Sheep, fat .................................
Sheep, meat byproducts ..........
E:\FR\FM\06JNP1.SGM
06JNP1
Parts per
million
0.5
5.0
0.5
0.2
0.3
4.0
0.05
0.05
0.05
0.25
0.05
0.05
0.05
1.0
0.05
0.05
0.05
0.25
0.25
0.25
0.05
0.05
Federal Register / Vol. 72, No. 108 / Wednesday, June 6, 2007 / Proposed Rules
Commodity
Parts per
million
Sheep, meat
0.05
*
*
*
*
*
9. Section 180.378 is revised to read
as follows:
§ 180.378 Permethrin; Tolerances for
residues.
(a) General. Tolerances are
established for the combined residues of
the insecticide cis- and trans-permethrin
isomers [cis-(3-phenoxyphenyl)methyl
3-(2,2-dichloroethenyl)-2,2dimethylcyclopropane carboxylate] and
[trans-(3-phenoxyphenyl)methyl 3-(2,2dichloroethenyl)-2,2dimethylcyclopropane carboxylate] in/
on the following food commodities:
rmajette on PROD1PC64 with PROPOSALS
Commodity
Parts per
million
Alfalfa, forage ...........................
Alfalfa, hay ................................
Almond ......................................
Almond, hulls ............................
Artichoke, globe ........................
Asparagus .................................
Avocado ....................................
Broccoli .....................................
Brussels sprouts .......................
Cabbage ...................................
Cattle, fat ..................................
Cattle, meat ..............................
Cattle, meat byproducts ...........
Cauliflower ................................
Cherry, sweet ...........................
Cherry, tart ................................
Corn, field, forage .....................
Corn, field, grain .......................
Corn, field, stover .....................
Corn, pop, grain ........................
Corn, pop, stover ......................
Corn, sweet, forage ..................
Corn, sweet, kernel plus cob
with husks removed ..............
Corn, sweet, stover ..................
Egg ...........................................
Eggplant ....................................
Fruit, pome, group 11 ...............
Garlic, bulb ...............................
Grain, aspirated fractions .........
Goat, fat ....................................
Goat, meat ................................
Goat, meat byproducts .............
Hazelnut ....................................
Hog, fat .....................................
Hog, meat .................................
Hog, meat byproducts ..............
Horse, fat ..................................
Horse, meat ..............................
Horse, meat byproducts ...........
Horseradish ..............................
Kiwifruit .....................................
Leaf petioles subgroup 4B .......
Lettuce, head ............................
Milk, fat (reflecting 0.88 ppm in
whole milk) ............................
Mushroom .................................
Onion, bulb ...............................
Peach ........................................
Pepper, bell ..............................
VerDate Aug<31>2005
16:37 Jun 05, 2007
20
45
0.05
20
5.0
2.0
1.0
2.0
1.0
6.0
1.5
0.10
0.10
0.5
4.0
4.0
50
0.05
30
0.05
30
50
0.10
30
0.10
0.50
0.05
0.10
0.50
1.5
0.10
0.10
0.05
0.05
0.05
0.05
1.5
0.10
0.10
0.50
2.0
5.0
20
3.0
5.0
0.10
1.0
0.50
Jkt 211001
Parts per
million
Commodity
Pistachio ...................................
Potato .......................................
Poultry, fat ................................
Poultry, meat ............................
Poultry, meat byproducts ..........
Sheep, fat .................................
Sheep, meat .............................
Sheep, meat byproducts ..........
Soybean, seed ..........................
Spinach .....................................
Tomato ......................................
Vegetable, cucurbit, group 9 ....
Vegetable, leafy, except brassica, group 4 .........................
Walnut .......................................
Watercress ................................
0.10
0.05
0.15
0.05
0.05
1.5
0.10
0.10
0.05
20
2.0
1.5
0.05
5.0
Parts per
million
Collards .....................................
Grass, forage ............................
Grass, hay ................................
Papaya ......................................
Turnip, tops ...............................
Turnip, roots .............................
15
15
15
1.0
10
0.20
(d) Indirect or inadvertent residues.
[Reserved]
10. Section 180.406 is amended by
revising the table in paragraph (a) to
read as follows:
§ 180.406
residues
(a) General. * * *
Parts per
million
Commodity
Apple .........................................
*
*
*
*
0.3
*
*
§ 180.433
residues
Fomesafen; tolerances for
(a) General. * * *
Parts per
million
Commodity
Bean, dry ..................................
Bean, snap, succulent ..............
*
*
*
*
*
*
*
*
0.05
0.05
*
*
[FR Doc. E7–10863 Filed 6–5–07; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[FRL–8322–4]
Ohio: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Proposed rule.
SUMMARY: Ohio has applied to EPA for
final authorization of the changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA has reviewed Ohio’s
Parts per
application and has preliminarily
million
determined that these changes satisfy all
0.50 requirements needed to qualify for final
0.01 authorization, and is proposing to
0.01
authorize the State’s changes.
0.01
Dimethipin; tolerances for
(a) General. * * *
Commodity
Cotton, undelinted seed ...........
Cattle, meat ..............................
Cattle, meat byproducts ...........
Goat, meat ................................
Goat, meat byproducts .............
Hog, meat .................................
Hog, meat byproducts ..............
Horse, meat ..............................
Horse, meat byproducts ...........
Sheep, meat .............................
Sheep, meat byproducts ..........
*
0.01
0.01
0.01
0.01
0.01
0.01
0.01
*
*
*
*
11. Section 180.421 is amended by
revising the entry for ‘‘Apple’’ in the
table in paragraph (a) to read as follows:
PO 00000
Fenarimol; tolerances for
*
*
*
*
12. Section 180.433 is amended by
revising the entries for ‘‘Bean, dry’’ and
‘‘Bean, snap, succulent’’ in the table in
20 paragraph (a) to read as follows:
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. Tolerances with regional
registration, as defined in § 180.1(m) are
established for the combined residues of
the insecticide cis- and trans-permethrin
isomers [cis-(3-phenoxyphenyl)methyl
3-(2,2-dichloroethenyl)-2,2dimethylcyclopropane carboxylate] and
[trans-(3-phenoxyphenyl)methyl 3-(2,2dichloroethenyl)-2,2dimethylcyclopropane carboxylate] in/
on the following food commodities:
Commodity
§ 180.421
residues
31237
Frm 00042
Fmt 4702
Sfmt 4702
Comments on this proposed rule
must be received on or before July 6,
2007.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R05–
RCRA–2007–0397 by one of the
following methods: https://
www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: westefer.gary@epa.gov.
ADDRESSES:
E:\FR\FM\06JNP1.SGM
06JNP1
Agencies
[Federal Register Volume 72, Number 108 (Wednesday, June 6, 2007)]
[Proposed Rules]
[Pages 31221-31237]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10863]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2007-0097; FRL-8122-7]
Captan, 2,4-D, Dodine, DCPA, Endothall, Fomesafen, Propyzamide,
Ethofumesate, Permethrin, Dimethipin, and Fenarimol; Proposed Tolerance
Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to revoke certain tolerances for captan, 2,4-
D, dodine, endothall, propyzamide, permethrin, ethofumesate and
dimethipin. Also, EPA is proposing to modify certain tolerances for
captan, 2,4-D, dodine, DCPA, endothall, propyzamide, permethrin,
ethofumesate, and fomesafen. In addition, EPA is proposing to establish
new tolerances for captan, 2,4-D, dodine, propyzamide, permethrin, and
ethofumesate. The regulatory actions proposed in this document are in
follow-up to the Agency's reregistration program under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the tolerance
reassessment requirements of the Federal Food, Drug, and Cosmetic Act
(FFDCA) section 408(q).
DATES: Comments must be received on or before August 6, 2007.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0097, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
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'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 telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0097. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
https://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
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 either in the
electronic docket at https://www.regulations.gov, or, if only available
in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is (703) 305-5805.
[[Page 31222]]
FOR FURTHER INFORMATION CONTACT: Jane Smith, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0048; e-mail
address: smith.jane-scott@epa.gov.
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.
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. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Unit II.A. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. 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 submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
C. What Can I do if I Wish the Agency to Maintain a Tolerance that the
Agency Proposes to Revoke?
This proposed rule provides a comment period of 60 days for any
person to state an interest in retaining a tolerance proposed for
revocation. If EPA receives a comment within the 60-day period to that
effect, EPA will not proceed to revoke the tolerance immediately.
However, EPA will take steps to ensure the submission of any needed
supporting data and will issue an order in the Federal Register under
FFDCA section 408(f) if needed. The order would specify data needed and
the time frames for its submission, and would require that within 90
days some person or persons notify EPA that they will submit the data.
If the data are not submitted as required in the order, EPA will take
appropriate action under FFDCA.
EPA issues a final rule after considering comments that are
submitted in response to this proposed rule. In addition to submitting
comments in response to this proposal, you may also submit an objection
at the time of the final rule. If you fail to file an objection to the
final rule within the time period specified, you will have waived the
right to raise any issues resolved in the final rule. After the
specified time, issues resolved in the final rule cannot be raised
again in any subsequent proceedings.
II. Background
A. What Action is the Agency Taking?
EPA is proposing to revoke, remove, modify, and establish specific
tolerances for residues of the fungicides captan, dodine, and
fenarimol; the herbicides 2,4-D, DCPA, endothall, propyzamide,
ethofumesate, dimethipin and fomesafen; and the insecticide permethrin
in or on the commodities listed in the regulatory text.
EPA is proposing these tolerance actions to implement the tolerance
recommendations made during the reregistration and tolerance
reassessment processes (including follow-up on canceled or additional
uses of pesticides). As part of these processes, EPA is required to
determine whether each of the amended tolerances meets the safety
standard of the Food Quality Protection Act (FQPA). The safety finding
determination of ``reasonable certainty of no harm'' is discussed in
detail in each Reregistration Eligibility Decision (RED) and Report of
the Food Quality Protection Act (FQPA) Tolerance Reassessment Progress
and Risk Management Decision (TRED) for the active ingredient. REDs and
TREDs recommend the implementation of certain tolerance actions,
including modifications to reflect current use patterns, meet safety
findings, and change commodity names and groupings in accordance with
new EPA policy. Printed copies of many REDs and TREDs may be obtained
from EPA's National Service Center for Environmental Publications (EPA/
NSCEP), P.O. Box 42419, Cincinnati, OH 45242-2419; telephone 1 (800)
490-9198; fax 1 (513) 489-8695; internet at https://www.epa.gov/
ncepihom/ and from the National Technical Information Service (NTIS),
5285 Port Royal Road, Springfield, VA 22161; telephone 1 (800) 553-6847
or (703) 605-6000; internet at https://www.ntis.gov/. Electronic copies
of REDs and TREDs are available on the internet at https://www.epa.gov/
pesticides/reregistration/status.htm.
The selection of an individual tolerance level is based on crop
field residue studies designed to produce the maximum residues under
the existing or proposed product label. Generally, the level selected
for a tolerance is a value slightly above the maximum residue found in
such studies. The evaluation of whether a tolerance is safe is a
separate inquiry. EPA recommends the raising of a tolerance when data
show that: (1) Lawful use (sometimes through a label change) may result
in a higher residue level on the commodity; and, (2) the
[[Page 31223]]
tolerance remains safe, not withstanding increased residue level
allowed under the tolerance. In REDs, Chapter IV on ``Risk Management,
Reregistration, and Tolerance Reassessment'' typically describes the
regulatory position, FQPA assessment, cumulative safety determination,
determination of safety for the U.S. general population, and safety for
infants and children. In particular, the human health risk assessment
document which supports the RED describes risk exposure estimates and
whether the Agency has concerns. In TREDs, the Agency discusses its
evaluation of the dietary risk associated with the active ingredient
and whether it can determine that there is a reasonable certainty (with
appropriate mitigation) that no harm to any population subgroup will
result from aggregate exposure. EPA also seeks to harmonize tolerances
with international standards set by the Codex Alimentarius Commission,
as described in Unit III.
Explanations for proposed modifications in tolerances can be found
in the RED and TRED document and in more detail in the Residue
Chemistry Chapter document which supports the RED and TRED. Copies of
the Residue Chemistry Chapter documents are found in the Administrative
Record and electronic copies are available through EPA's electronic
public docket and comment system, regulations.gov at https://
www.regulations.gov/. You may search for docket number EPA-HQ-OPP-007-
0097 and also EPA-HQ-OPP-2005-0266 (dodine); EPA-HQ-OPP-2004-0370
(endothall); EPA-HQ-OPP-2004-0380 (dimethipin); EPA-HQ-OPP-2002-0159
(propyzamide); EPA-HQ-OPP-2004-0346 (ethofumesate); EPA-HQ-OPP-2004-
0385 (permethrin); EPA-HQ-OPP-2004-0167 (2,4-D); EPA-HQ-OPP-2004-0296
(Captan) and EPA-HQ-OPP-2002-0250 and EPA-HQ-OPP-2005-0459 (fenarimol),
then click on that docket number to view its contents.
EPA has determined that the aggregate exposures and risks are not
of concern for the above mentioned pesticide active ingredients based
upon the data identified in the RED or TRED which lists the submitted
studies that the Agency found acceptable.
EPA has found that the tolerances that are proposed in this
document to be modified, are safe in accordance with FFDCA section
408(b)(2)(A), and that there is a reasonable certainty that no harm
will result to infants and children from aggregate exposure to the
pesticide chemical residues, in accordance with section 408(b)(2)(C).
These findings are discussed in detail in each RED. The references are
available for inspection as described in this document under
SUPPLEMENTARY INFORMATION.
In addition, EPA is proposing to revoke certain specific tolerances
because either they are no longer needed or are associated with food
uses that are no longer registered under FIFRA. The registrations for
these pesticide chemicals were canceled because the registrant failed
to pay the required maintenance fee and/or the registrant voluntarily
requested cancellation of one or more registered uses of the pesticide.
It is EPA's general practice to propose revocation of those tolerances
for residues of pesticide active ingredients on crop uses for which
there are no active registrations under FIFRA, unless any person in
comments on the proposal indicates a need for the tolerance to cover
residues in or on imported commodities or domestic commodities legally
treated.
1. Captan. Tolerances are currently established for both plant and
animal commodities in 40 CFR 180.103(a) for residues of the fungicide,
captan (N-trichloromethylthio-4-cyclohexene-1,2-dicarboximide) for
preharvest and postharvest uses or combinations of such uses in or on
plant and animal commodities. This use-pattern timing related language,
preharvest and postharvest, is impractical and should be removed
because enforcement officials would rarely be able to determine the
timing of the application. Also, the Agency has determined that the
residues of concern are captan per se in plants and that the metabolite
1,2,3,6-tetrahydrophthalimide (THPI) of captan is of toxicological
concern and should be regulated in/on animal commodities along with
captan. Therefore, EPA proposes transferring the tolerance expressions
in 40 CFR 180.103(a) to (a)(1) for residues of the fungicide, captan
(N-trichloromethylthio-4-cyclohexene-1,2-dicarboximide) in or on plant
commodities retaining those plant-related tolerances and to transfer
livestock tolerances into (a)(2) for the combined residues of the
fungicide, captan (N-trichloromethylthio-4-cyclohexene-1,2-
dicarboximide) and its metabolite 1,2,3,6-tetrahydrophthalimide (THPI),
measured as THPI, in or on animal commodities. Currently, tolerances in
40 CFR 180.103(b) are for residues of captan on an interim basis for
almonds, almond hulls, beans dry, beans succulent, and potatoes. The
Agency has determined that these tolerances are no longer interim and
should be moved to 40 CFR 180.103(a)(1). Also, to conform to current
Agency practice, 40 CFR 180.103(b) should now be designated for section
18 emergency exemptions - reserved; add paragraph (c) for regional
registrations - reserved; and add paragraph (d) for indirect or
inadvertent residues - reserved. Therefore, EPA proposes that the
interim tolerances listed in 40 CFR 180.103(b) be transferred to 40 CFR
180.103(a)(1); paragraph (b) be revised to (b) section 18 emergency
exemptions - reserved; add paragraph (c) regional registrations -
reserved; and add paragraph (d) indirect or inadvertent residues -
reserved.
Based on available field trial data that indicate residues of
captan as high as 0.18 parts per million (ppm) in/on almonds, 54.91 ppm
in/on almond hulls, 7 ppm in/on apricot, 18.3 ppm in/on blueberries, 36
ppm in/on cherries, 22.4 ppm in/on grapes, 10 ppm in/on nectarines, 14
ppm in/on peach, 8 ppm in/on plum, 2 ppm in/on prune, 12 ppm in/on
plum/prune juice, and 13 ppm in/on strawberries, the Agency determined
that the tolerance should be decreased to 0.25 ppm in/on almonds, 75
ppm in/on almond hulls, 10 ppm in/on apricots, 20 ppm in/on
blueberries, 50 ppm in/on cherries, 25 ppm in/on grapes, 25 ppm in/on
nectarines, 15 ppm in/on peaches, 10 ppm in/on plums and 20 ppm in/on
strawberry. The tolerance for strawberries was also decreased to
harmonize with the Codex alimentarius. Therefore, EPA proposes
decreasing tolerances in newly revised 40 CFR 180.103(a)(1) for captan
residues of concern in plants in or on almond from 2 to 0.25 ppm;
almond, hulls from 100 to 75 ppm; apricot from 50 to 10 ppm; blueberry
from 25 to 20 ppm; cherry at 100 to cherry, sweet at 50 ppm and cherry,
tart at 50 ppm; grape from 50 to 25 ppm; nectarine from 50 to 25 ppm;
peach from 50 to 15 ppm; plum, prune, fresh from 100 to 10 ppm; and
strawberry from 25 to 20 ppm.
Based on available data reflecting seed treatment use, residues of
captan were <0.05 ppm (the level of detection) in or on dry and
succulent beans, peas and soybeans; therefore, the Agency determined
that the tolerances should be 0.05 ppm on vegetable, legume, group 6
and vegetable, foliage of legume, group 7, replacing the individual
tolerances. Therefore, EPA proposes decreasing and modifying the
individual tolerances to a crop group tolerance in newly revised 40 CFR
180.103(a)(1) for captan residues of concern in plants in/on beans,
dry, seed at 25 ppm; bean, succulent at 25 ppm; pea, dry, seed at 2
ppm; pea, succulent at 2 ppm; soybean, dry at 2 ppm; soybean, succulent
at 2 ppm to
[[Page 31224]]
vegetable, legume, group 6 at 0.05 ppm and vegetable, foliage of
legume, group 7 at 0.05 ppm.
Based on available data reflecting seed treatment use, residues of
captan were <0.05 ppm (the level of detection) in or on garden beets,
carrots, rutabagas, potatoes, and turnips; therefore, the Agency
determined that the tolerances should be 0.05 ppm on vegetable, root
and tuber, group 1 and vegetable, leaves of root and tuber, group 2,
replacing the individual tolerances. Therefore, EPA proposes decreasing
and modifying the individual tolerances to a crop group tolerances in
newly revised 40 CFR 180.103(a)(1) for captan residues of concern in
plants in/on beet, garden, roots at 2 ppm; beet, garden, tops at 100
ppm; carrot, roots at 2 ppm; potato at 25 ppm; rutabagas (roots) at 2
ppm; turnip, greens at 2.0 ppm; turnip, roots at 2.0 ppm to vegetable,
root and tuber, group 1 at 0.05 ppm and vegetable, leaves of root and
tuber, group 2 at 0.05 ppm.
Based on available data reflecting seed treatment use, residues of
captan were <0.05 ppm (the level of detection) in or on broccoli,
Brussels sprouts, cabbage, cauliflower, collards, kale, and mustard
greens; therefore, the Agency determined that the tolerance should be
0.05 ppm on vegetable, brassica leafy, group 5 replacing the individual
tolerances. Therefore, EPA proposes decreasing and modifying the
individual tolerances to a crop group tolerance in newly revised 40 CFR
180.103(a)(1) for captan residues of concern in plants in/on broccoli,
Brussels sprouts, cabbage, cauliflower, collards, kale, mustard greens
each at 2 ppm to vegetable, brassica leafy, group 5 at 0.05 ppm.
Based on available data reflecting seed treatment use, residues of
captan were <0.05 ppm (the level of detection) in or on cantaloupe,
cucumber, honeydew melon, muskmelon, pumpkins, summer squash, winter
squash, and watermelons; therefore, the Agency determined that the
tolerance should be 0.05 ppm on vegetable, cucurbit group 9 replacing
the individual tolerances. Therefore, EPA proposes decreasing and
modifying the individual tolerances to a crop group tolerance in newly
revised 40 CFR 180.103(a)(1) for captan residues of concern in plants
in/on cantaloupe; cucumber; melon, honeydew; muskmelon; pumpkin;
squash, summer; squash, winter; and watermelon each at 25 ppm to
vegetable, cucurbit, group 9 at 0.05 ppm.
Based on available data reflecting seed treatment use, residues of
captan were <0.05 ppm (the level of detection) in or on celery,
lettuce, and spinach; therefore, the Agency determined that the
tolerance should be 0.05 ppm on vegetable, leafy, except brassica,
group 4 replacing the individual tolerances. Therefore, EPA proposes
decreasing and modifying the individual tolerances to a crop group
tolerance in newly revised 40 CFR 180.103(a)(1) for captan residues of
concern in plants in/on celery at 50 ppm, lettuce at 100 ppm, and
spinach at 100 ppm to vegetable, leafy, except brassica, group 4 at
0.05 ppm.
Based on available data reflecting seed treatment use, residues of
captan were <0.05 ppm (the level of detection) in or on eggplant,
peppers, and tomato; therefore, the Agency determined that the
tolerance should be 0.05 ppm on vegetable, fruiting, group 8 replacing
the individual tolerances. Therefore, EPA proposes decreasing and
modifying the individual tolerances to a crop group tolerance in newly
revised 40 CFR 180.103(a)(1) for captan residues of concern in plants
in/on eggplant; pepper; and tomato each at 25 ppm to vegetable,
fruiting, group 8 at 0.05 ppm.
Based on available data reflecting seed treatment use, residues of
captan were <0.05 ppm (the level of detection) in or on bulb onion and
green onion; therefore, the Agency determined that the tolerance should
be 0.05 ppm on vegetable, bulb, group 3 replacing the individual
tolerances. Therefore, EPA proposes decreasing and modifying the
individual tolerances to a crop group tolerance in newly revised 40 CFR
180.103(a)(1) for captan residues of concern in plants in/on onion,
bulb at 25 ppm and onion, green at 50 ppm to vegetable, bulb, group 3
at 0.05 ppm.
Based on available data reflecting seed treatment use, residues of
captan were <0.05 ppm (the level of detection) in or on corn;
therefore, the Agency determined that the tolerance should be 0.05 ppm
on grain, cereal, group 15 and grain, cereal, forage, fodder and straw,
group 16 replacing the tolerance corn, sweet, kernel plus cob with
husks removed. Therefore, EPA proposes decreasing and modifying a
tolerance to crop group tolerances in newly revised 40 CFR
180.103(a)(1) for captan residues of concern in plants in/on corn,
sweet, kernel plus cob with husks removed at 2 ppm to grain, cereal,
group 15 and grain, cereal, forage, fodder and straw, group 16 at 0.05
ppm.
The Agency has determined that tolerances for blackberry, dewberry
and raspberry each at 25 ppm should be replaced by the crop group
tolerance caneberry, subgroup 13A at 25 ppm. Therefore, EPA proposes
modifying the individual tolerances to a crop group tolerance in newly
proposed 40 CFR 180.103(a) for captan residues of concern in plants in/
on blackberry, dewberry, and raspberry each at 25 ppm to caneberry,
subgroup 13A at 25 ppm.
Based on available data reflecting seed treatment use, residues of
captan were <0.05 ppm (the level of detection) in or on cottonseed;
dill seed; flax seed; grass forage; grass, hay; non-grass animal feeds
group 18; okra; peanuts; peanut hay; rapeseed; rapeseed forage;
safflower seed; sesame seed; and sunflower seed; therefore, the Agency
determined that the tolerances should each be 0.05 ppm. Tolerances for
flax straw and sunflower forage are no longer necessary because these
commodities are not considered significant feed items in accordance
with ``Table 1.--Raw Agricultural and Processed Commodities and
Feedstuffs Derived from Crops'' which is found in Residue Chemistry
Test Guidelines OPPTS 860.1000 dated August 1996, available athttps://
www.epa.gov/opptsfrs/publications/OPPTS Harmonized/860 Residue
Chemistry Test Guidelines/Series. Therefore, EPA is proposing to
establish tolerances in 40 CFR 180.103(a)(1) for captan residues of
concern in or on dill, seed at 0.05 ppm; flax, seed at 0.05 ppm; grass,
forage at 0.05 ppm; grass, hay at 0.05 ppm; animal feed, nongrass,
group 18 at 0.05 ppm; okra at 0.05 ppm; peanut at 0.05 ppm; peanut, hay
at 0.05 ppm; rapeseed, seed at 0.05 ppm; rapeseed, forage at 0.05 ppm;
safflower, seed at 0.05 ppm; sesame, seed at 0.05 ppm; and sunflower,
seed at 0.05 ppm and decrease cotton, undelinted seed from 2 to 0.05
ppm.
Based on the livestock dietary burden from wet apple pomace and
animal feed commodities from seed treatments, the maximum theoretical
dietary burden of captan residues of concern for dairy cattle is 17.27
ppm and beef cattle is 27.72 ppm. Using the results of the 30 ppm
feeding level from the animal feeding study, the expected residue
levels are 0.11 ppm in fat; 0.25 ppm in kidney (meat byproducts); 0.18
ppm in muscle; and 0.06 ppm in milk. Based on these data, the Agency
has determined that the tolerances in cattle, goat, horse, hog and
sheep should be: 0.20 ppm in meat; 0.30 ppm in meat byproducts; 0.15
ppm in fat; and 0.10 ppm in milk (where sheep meat, fat and meat
byproducts tolerances reflect the text in the tolerance reassessment of
the RED versus the table C which is not accurate). Therefore, EPA
proposes increasing the tolerances in newly revised 40 CFR
180.103(a)(2) for the combined residues of the fungicide, captan (N-
trichloromethylthio-4-cyclohexene-1,2-dicarboximide) and its metabolite
1,2,3,6-
[[Page 31225]]
tetrahydrophthalimide (THPI) in or on cattle, fat from 0.05 to 0.15
ppm; cattle, meat from 0.05 to 0.20 ppm; cattle, meat byproducts from
0.05 to 0.30 ppm; hog, fat from 0.05 to 0.15 ppm; hog, meat from 0.05
to 0.20 ppm; hog, meat byproducts from 0.05 to 0.30 ppm and proposes
establishing tolerances in newly revised 40 CFR 180.103(a)(2) in/on
goat, fat at 0.15 ppm; goat, meat at 0.20 ppm; goat, meat byproducts at
0.30 ppm; horse, fat at 0.15 ppm; horse, meat at 0.20 ppm; horse, meat
byproducts at 0.30 ppm; milk at 0.10 ppm; sheep, fat at 0.15 ppm;
sheep, meat at 0.20 ppm; and sheep, meat byproducts at 0.30 ppm. The
Agency determined that the increased tolerances are safe; i.e., there
is a reasonable certainty that no harm will result from aggregate
exposure to the pesticide chemical residue.
The last registered use of captan on mangoes was canceled in 1998;
therefore, the tolerance is no longer needed. Therefore, EPA is
proposing to revoke the existing tolerance for mango at 50 ppm in newly
revised 40 CFR 180.103(a)(1).
The proposed tolerance actions herein for captan, to implement the
recommendations of the captan RED, reflect use patterns in the U.S.
which support a different tolerance than the Codex level on almonds,
cucumbers, nectarines, raspberries, and tomatoes, because of
differences in good agricultural practices. However, compatibility
exists for apples and pears will exist between the proposed reassessed
U.S. tolerances and Codex MRLs for captan residues in or on
blueberries, peaches, potatoes, and strawberries.
2. 2,4-D. Currently, tolerances for residues of 2,4-D in or on
plant raw agricultural commodities fish and potable water are currently
expressed in terms of 2,4-D (2,4-dichlorophenoxyacetic acid) in 40
CFR180.142(a)(1-2, 4-7 and 9-13). The residues are regulated depending
on the use pattern, the form of the 2,4-D formulation applied (e.g.,
acid, salts), timing of treatment (preharvest or postharvest) and some
commodities are covered by two or more tolerances (e.g., citrus). This
use-pattern related language is impractical and should be removed for
three reasons:
i. 2,4-D in the acid form as well as the sodium salt, four amine
salts, and three esters upon contact with water and/or hydrolytic
enzymes are converted to a single common moiety, 2,4-D (anion or acid
depending on the pH) which is the pesticidally active component serving
as the basis for the tolerance regulation. Consequently, the available
tolerance enforcement methodology cannot distinguish between which form
of the pesticidally active component was applied.
ii. If 2,4-D residues were detected in a commodity, enforcement
officials would rarely be able to determine who applied the pesticide,
when, or for what purpose.
iii. If the 2,4-D concentration were to fall between two tolerance
levels for the same commodity, the Agency would not know whether the
sample was violative.
Therefore, EPA is proposing to subsume the lower tolerances in the
higher existing tolerances, delete use-pattern related language (e.g.,
timing and formulation), and revise the tolerances in 40 CFR
180.142(a)(1-2, 4-7 and 9-13) into 40 CFR 180.142(a) for residues of
the herbicide, plant regulator, and fungicide 2,4-D (2,4-
dichlorophenoxyacetic acid), both free and conjugated, determined as
the acid and delete the paragraphs designations (1-2, 4-7, and 9-13).
The available field trial data indicate residues of 2,4-D are as
high as 1.39 ppm in or on wheat grain. The wheat grain data are
translated to support tolerances for barley, millet, oats and rye
grain. Based on these data, the Agency determined that the tolerance
should be increased to 2.0 ppm on wheat, barley, millet, oats and rye
grain. Based on available field trial data that indicate residues of
2,4-D as high as 24.9 ppm and 40.9 ppm in or on wheat forage and wheat
straw, respectively, which is also translated to millet, oats and rye
forage and millet straw, the Agency determined that the tolerances
should be increased to 25 ppm in/on wheat, millet, oats, and rye forage
and 50 ppm in/on millet straw. Based on available field trial data that
indicate residues of 2,4-D as high as 49.8 ppm in/on corn stover; 0.053
ppm in/on hops; 0.31 ppm in/on potatoes; <0.01 ppm in/on strawberry;
and 0.485 ppm in/on rice, the Agency determined that the tolerances
should be increased to 50 ppm in/on corn, stover; 0.2 ppm in/on hop;
0.4 in/on potato; 0.01 ppm in/on strawberry; and 0.5 ppm in/on rice,
grain. EPA is also revising commodity terminology to conform to current
Agency practice. Therefore, EPA is proposing to increase and revise
tolerances in newly revised 40 CFR 180.142(a) for the combined 2,4-D
residues of concern in or on barley, grain from 0.5 to 2.0 ppm; millet,
grain from 0.5 to 2.0 ppm; oat, grain from 0.5 to 2.0 ppm; rye, grain
from 0.5 to 2.0 ppm; wheat, grain from 0.5 to 2.0 ppm; millet, straw
from 20 to 25 ppm; millet, forage from 20 to 25 ppm; oat, forage from
20 to 25 ppm; rye, forage 20 to 25 ppm; wheat, forage from 20 to 25
ppm; rice grain from 0.1 to 0.5 ppm; corn, stover from 20 to 50 ppm;
hop from 0.05 to 0.2 ppm; potato from 0.2 to 0.4 ppm; and strawberry
from 0.05 to 0.1 ppm and revise corn, stover to corn, field, stover;
corn, pop, stover; and corn, sweet, stover; and revise hop to hop,
dried cones. The Agency determined that the increased tolerances are
safe; i.e., there is a reasonable certainty that no harm will result
from aggregate exposure to the pesticide chemical residue.
Based on available field trial data on field corn, pop corn, and
sweet corn that indicate residues of 2,4-D as high as 5.2 ppm in/on
corn forage, <0.05 ppm in/on corn fresh, sweet, kernel plus cob with
husks removed, and 0.038 ppm in/on corn grain, the Agency determined
that the tolerances should be decreased to 6.0 ppm, 0.05 ppm, and 0.05
ppm, respectively. Based on available field trial data that indicate
residues of 2,4-D as high as 0.07 ppm in/on fish, 0.079 ppm in/on
grapefruits, 0.24 ppm in/on oranges, and 2.5 ppm in/on lemons, the
Agency determined that the tolerances should be decreased to 0.10 ppm
in/on fish and to 3.0 ppm in/on fruit, citrus, group 10. Based on
available field trial data that indicate residues of 2,4-D as high as
<0.01 ppm in/on apples and pears, the Agency determined that the
tolerance should be decreased to 0.1 ppm in/on fruit, pome, group 11
replacing the individual tolerances for apple, pear, and quince. Based
on available field trial data that indicate residues of 2,4-D as high
as <0.05 ppm in/on cherries, <0.01 ppm in/on peaches, and <0.01 ppm in/
on plums, the Agency determined that the tolerance should be decreased
to 0.1 ppm in/on fruit, stone group 12 replacing the individual
tolerance for apricots. Based on available field trial data that
indicate residues of 2,4-D as high as <0.05 ppm in/on pistachio; <0.1
in/on grapes; 358 ppm in/on grass, pasture and rangeland; 8.83 ppm in/
on rice, straw; 0.162 ppm in/on sorghum, forage; 0.012 ppm in/on
sorghum, grain; 0.17 ppm in/on sorghum, grain, stover; 0.015 ppm in/on
sugarcane; and 0.105 ppm in/on sugarcane, molasses, the Agency
determined that the tolerances should be decreased to 0.05 ppm in/on
pistachio; 0.1 ppm in/on grape; 300 ppm in/on grass, hay; 360 ppm in/on
grass, pasture and grass, rangeland; 10 ppm in/on rice, straw; 0.2 ppm
in/on sorghum, forage; 0.2 ppm in/on sorghum, grain; 0.2 ppm in/on
sorghum, grain, stover; 0.05 ppm in/on sugarcane; and 0.2 ppm in/on
sugarcane, molasses. EPA is also revising commodity terminology to
conform to current
[[Page 31226]]
Agency practice. Therefore, EPA is proposing to decrease and revise
tolerances in newly revised 40 CFR 180.142(a) for the combined 2,4-D
residues of concern in or on corn, forage from 20 to corn, field,
forage; and corn, sweet, forage at 6.0; corn, fresh, sweet, kernel plus
cob with husks removed at 0.5 to corn, sweet, kernel plus cob with
husks removed at 0.05 ppm; corn, grain at 0.5 to corn, field, grain at
0.05 ppm and corn, pop, grain at 0.05 ppm; fish, 1.0 to 0.10 ppm;
fruit, citrus at 5 ppm to fruit, citrus, group 10 at 3.0 ppm; fruit,
pome at 0.1 and apple, pear, and quince at 5 ppm to fruit, pome, group
11 at 0.1 ppm; apricot at 5 ppm and fruit, stone at 0.2 ppm to fruit,
stone, group 12 at 0.1 ppm; pistachio at 0.05 ppm; grape from 0.5 to
0.1 ppm; grass, pasture and grass, rangeland from 1,000 ppm to grass,
forage at 360 ppm; rice, straw from 20 to 10 ppm; sorghum, forage from
20 to sorghum, grain, forage at 0.2 ppm; sorghum, grain from 0.5 to
sorghum, grain, grain at 0.2 ppm; sorghum, grain, stover from 20 to 0.2
ppm; sugarcane, cane from 2 ppm to 0.05 ppm; and sugarcane, molasses
from 5 to 0.2 ppm.
Based on available field trial data that indicate residues of 2,4-D
as high as 0.106 ppm in cranberry, <0.05 ppm in low bush (berries), and
0.011 ppm in high bush (berries), the Agency has determined the
tolerance should be revised to 0.2 ppm in/on berry, group 14 in place
of the individual tolerances. These tolerances are also being
maintained to cover inadvertent or indirect residues that may occur.
Therefore, EPA proposes revising the tolerances in newly revised 40 CFR
180.142(a) for the combined 2,4-D residues of concern in or on
blueberry at 0.1 ppm, cranberry at 0.5 ppm, raspberry at 0.1 ppm and
small fruit at 0.1(N) to berry, group 14 at 0.2 ppm. The Agency
determined that the increased tolerances are safe; i.e., there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue.
Based on available field trial data that indicate residues of 2,4-D
as high as 0.098 ppm in/on almond hulls; 1.48 ppm in on corn aspirated
grain fractions (AGF) and 36.3 ppm in/on wheat AGF; 40.9 ppm in/on
wheat straw, 3.88 ppm in/on wheat bran, and 1.40 ppm in/on rice, hulls;
<0.01 ppm in/on soybean forage; 1.13 ppm in/on soybean hay; and <0.01
ppm in/on soybean seeds, the Agency determined that tolerances should
be established in/on almond, hulls at 0.1 ppm; grain, aspirated
fractions 40 ppm; wheat, straw at 50 ppm (and translating the wheat
straw data to barley, oat, and rye); barley, straw at 50 ppm; oat,
straw at 50 ppm; rye, straw at 50 ppm; wheat, bran at 4.0 ppm (and
translating the wheat bran data to barley and rye) barley, bran at 4.0
ppm; rye, bran at 4.0 ppm; rice, hulls at 2.0 ppm; soybean, forage at
0.02 ppm; soybean, hay at 2.0 ppm; and soybean, seed at 0.02 ppm.
Therefore, EPA is proposing to establish the tolerances in newly
revised 40 CFR 180.142(a) for the combined 2,4-D residues of concern in
or on almond, hulls at 0.1 ppm; barley, bran at 4.0 ppm; barley, straw
at 50 ppm; grain, aspirated fractions at 40 ppm; oat, straw at 50 ppm;
rice, hulls at 2.0 ppm; rye, bran at 4.0 ppm; rye, straw at 50 ppm;
soybean, hay at 2.0 ppm; soybean, forage at 0.02 ppm; soybean, seed at
0.02 ppm; wheat, bran at 4.0 ppm; and wheat, straw at 50 ppm.
In addition, tolerances for residues in food products of animal
origin are currently expressed in terms of 2,4-D and/or its metabolite
2,4-dichlorophenol (2,4-DCP) in 40 CFR 180.142(a)(8). The Agency has
determined that the metabolite, 2,4-DCP, is not of concern for either
the tolerance expression or for risk assessment at the minute levels
expected in livestock tissues and considering the likely lower toxicity
of 2,4-DCP compared to 2,4-D. Consequently, the regulated residues of
2,4-D are now the same for plants, shellfish, fish, and foods of animal
origin. Therefore, EPA is proposing to change the residues of concern,
transfer the foods of animal origin tolerances in 40 CFR 180.142(a)(8)
into 40 CFR 180.142(a) for the combined 2,4-D residues of concern and
delete paragraph (a)(8).
Ruminant feeding data at an exaggerated level (1.7x) show that 2,4-
D residues are as high as 0.51 ppm in fat, 0.24 ppm in meat, 0.2 ppm in
liver, 6.48 ppm in kidney, and 0.07 ppm in milk. These studies also
showed that 2,4-D is rapidly excreted from animals. Based on the rapid
excretion and residue levels on the last day of dosing in feeding
studies, the Agency has determined that the 2,4-D tolerance in milk may
be decreased to 0.05 ppm and to 0.3 ppm in the fat of cattle, goats,
horses, and sheep. The tolerances should be increased to 4.0 ppm in the
kidneys of cattle, goats, horses, and sheep and to 0.3 ppm in the meat
and meat byproducts of cattle, goats, horses, and sheep. Therefore, EPA
is proposing to increase tolerances in newly revised 40 CFR 180.142(a)
for the combined 2,4-D residues of concern in or on cattle, kidney from
2 to 4.0 ppm; goat, kidney from 2 to 4.0 ppm; horse, kidney from 2 to
4.0 ppm; and sheep, kidney from 2 to 4.0 ppm; cattle, meat from 0.2 to
0.3 ppm; goats, meat from 0.2 to 0.3 ppm; horses, meat from 0.2 to 0.3
ppm; sheep, meat from 0.2 to 0.3 ppm; cattle, meat byproducts, except
kidney from 0.2 to 0.3 ppm; goats, meat byproducts, except kidney from
0.2 to 0.3 ppm; horses, meat byproducts, except kidney from 0.2 to 0.3
ppm; and sheep, meat byproducts, except kidney from 0.2 to 0.3 ppm;
cattle, fat from 0.2 to 0.3 ppm; goat, fat from 0.2 to 0.3 ppm; horse,
fat from 0.2 to 0.3 ppm; sheep, fat from 0.2 to 0.3 ppm; and decrease
milk from 0.1 to 0.05 ppm. The Agency determined that the increased
tolerances are safe; i.e., there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue.
Based on the results of a 2,4-D poultry metabolism study, there is
no reasonable expectation of finite residues in poultry tissues and
eggs (Category 3 of 40 CFR 180.6(a)(3)) when 2,4-D is applied according
to registered use directions. Therefore, the Agency determined that
tolerances for residues of 2,4-D in poultry commodities are not needed.
In addition, as the lowest feeding level for cattle was 940x the
maximum theoretical dietary burden for swine, the maximum expected
residues in hog tissues would be 0.007 ppm (kidney). Accordingly, there
is no reasonable expectation of finite residues in hog commodities
(Category 3 of 40 CFR 180.6(a)(3)); therefore, the Agency has
determined tolerances associated with hog tissues are no longer needed
and should be revoked. Therefore, EPA is proposing to revoke the
tolerances in newly revised 40 CFR 180.142(a) for 2,4-D residues of
concern in or on egg at 0.05 ppm; hog, fat; hog, meat; and hog, meat
byproducts, except kidney at 0.2 ppm; hog, kidney at 2 ppm; and poultry
at 0.05 ppm.
Tolerances listed in 40 CFR 180.142(a)(3) are currently established
for negligible residues of 2,4-D in irrigated crops from application of
its dimethylamine salt in the western United States (U.S.).
Specifically, the tolerances on fruit, citrus; fruit, pome; fruit,
stone; grain, crop; root crop vegetables; grass, forage; hop; small
fruit (newly termed berry, group 14) and nut each at 0.1(N) ppm in 40
CFR 180.142(a)(3) have existing tolerances in newly revised 40 CFR
180.142(a) which are high enough to cover any inadvertent residues on
these commodities. The tolerances associated with commodities that do
not receive direct treatment of 2,4-D in 40 CFR 180.142(a)(3)--avocado;
cotton, undelinted seed; cucurbits; grain, crop; leafy vegetables;
legume forage; root crop vegetables; seed and pod
[[Page 31227]]
vegetables; and vegetable, fruiting each at 0.1(N) should be
transferred to 40 CFR 180.142(d) as they cover inadvertent and indirect
residues. Therefore, EPA is proposing that commodities and tolerances
in 40 CFR 180.142(a)(3) that are duplicative of commodities and
tolerances in newly revised 40 CFR 180.142(a) be removed from 40 CFR
180.142 (a)(3). EPA is also proposing that the remaining commodities
and tolerance combinations in 40 CFR 180.142(a)(3) (avocado; cotton,
undelinted seed; cucurbits; grain, crop; leafy vegetables; legume
forage; root crop vegetables; seed and pod vegetables; and vegetable,
fruiting each at 0.1(N)) be transferred in 40 CFR 180.142(d) for
inadvertent or indirect residues of the herbicide, plant regulator, and
fungicide 2,4-D (2,4-dichlorophenoxyacetic acid), both free and
conjugated, determined as the acid and delete 40 CFR 180.142(a)(3).
The available irrigated crop residue data for leafy vegetables and
legume, forage had maximum residue levels of 0.33 ppm and 0.15 ppm,
respectively; therefore, the Agency has determined the tolerances
should be increased from 0.1(N) to 0.4 ppm and 0.2 ppm, respectively.
The available residue data for inadvertent residue levels on the
remaining crops (avocado, cotton, cucurbits, bulbs in the root crop
vegetables, seed and pod vegetables and fruiting vegetables) do not
exceed the level of quantitation of 0.05 ppm and two times the level of
quantitation for direct uses on the root and tubers of the root crop
vegetables; therefore, the Agency determined the tolerances should be
decreased to 0.05 ppm. Based on the available irrigation data, the
resulting direct and inadvertent residues are expected to be <=0.1 ppm
in/on the bulbs in the root crop vegetables; therefore, the Agency has
determined the tolerance level and terminology should be at 0.5 ppm in/
on vegetable, bulb, group 3, 0.1 ppm in/on vegetable, root and tuber,
except potato, group 1 and vegetable, leaves of root and tuber, except
potato, group 2. EPA is also proposing to revise commodity terminology
and removing the ``(N)'' designation for negligible residues to conform
to current Agency practice. Therefore, EPA is proposing to revise and
modify tolerances in 40 CFR 180.142(d) for the combined 2,4-D residues
of concern by decreasing and revising avocado from 0.1 (N) to 0.05 ppm;
cotton, undelinted seed from 0.1(N) to 0.05 ppm; cucurbits at 0.1(N) to
vegetable, cucurbit, group 9 at 0.05 ppm; root crop vegetables at 0.1
(N) to vegetable, bulb, group 3 at 0.05 ppm; vegetable, fruiting at
0.1(N) to vegetable, fruiting, group 8 at 0.05 ppm; vegetable, seed and
pod at 0.1 (N) to vegetable, legume, group 6 at 0.05 ppm, okra at 0.05
ppm and dill, seed at 0.05 ppm; increasing and revising legume forage
at 0.1(N) to vegetable, foliage of legume, group 7 at 0.2 ppm and
animal feed, nongrass, group 18 at 0.2 ppm; vegetable, leafy at 0.1(N)
to vegetable, brassica leafy, group 5 at 0.4 ppm and vegetable, leafy,
except brassica, group 4 at 0.4 ppm; and in 40 CFR 180.142(a) further
revise the tolerance vegetable, root at 0.1(N) to vegetable, root and
tuber, except potato, group 1; and vegetable, leaves of root and tuber,
except potato, group 2 at 0.1 ppm. The Agency determined that the
increased tolerances are safe; i.e., there is a reasonable certainty
that no harm will result from aggregate exposure to the pesticide
chemical residue.
Based on available field trial data that indicate residues of 2,4-D
as high as <0.05 ppm in/on wild rice in Minnesota, the Agency has
determined that a regional tolerance should be established at 0.05 ppm
in/on rice, wild, grain. Therefore, EPA proposes removing the expired
(12/31/05) section 18 emergency exemption in/on wild rice at 0.1 ppm in
40 CFR 180.142(b), reserving the paragraph, and establishing a regional
tolerance in 40 CFR 180.142(c) for residues of the herbicide, plant
regulator, and fungicide 2,4-D (2,4-dichlorophenoxyacetic acid), both
free and conjugated, determined as the acid, in/on rice, wild, grain at
0.05 ppm.
Currently, there is a tolerance for residues of 2,4-D in potable
water at 0.1(N) ppm in 40 CFR 180.142(a). Pesticide residues in water
are now under the purview of EPA's Office of Water where a maximum
contaminant level of 0.07 ppm has been established for 2,4-D in
drinking water. Sugarcane bagasse is no longer considered a significant
animal feed item; therefore, the Agency has determined the tolerance on
sugarcane bagasse is no longer needed and should be revoked. Based on
available field trial data that indicate residues of 2,4-D as high as
0.095 ppm, <0.05 ppm, and 0.16 ppm in/on filberts, pecans, and almonds,
respectively, the Agency has determined the tolerance should be
maintained at 0.2 ppm in/on nuts. EPA is also revising commodity
terminology to conform to current Agency practice. Therefore, EPA
proposes revoking the potable water tolerance at 0.01(N) ppm and
sugarcane bagasse at 5 ppm in newly revised 40 CFR 180.142(a), and
revising the tolerance in 180.142(a) in/on nut to nut, tree, group 14.
There are tolerances listed in newly revised 40 CFR 180.142(a)
(formerly 40 CFR 180.142(a)(6)) that regulate ``crops in paragraph (c)
of this section at 1.0 ppm'' and ``crops groupings in paragraph (c) of
this section at 1.0 ppm'' that should be removed because tolerances in
newly recodified 40 CFR 180.142(a) and (d) will be sufficient to cover
inadvertent residues in irrigated crops to which these tolerances
originally referred. Tolerances also exist in newly revised 40 CFR
180.142(a) (formerly 40 CFR 180.142(a)(12) and 13)) as follows; ``2 ppm
in the milled fractions (except flour) derived from barley, oats, rye,
and wheat to be ingested as food or be converted to food'' and ``2 ppm
in the milled fractions derived from barley, oats, rye, and wheat to be
ingested as animal feed or converted into animal feed'' should be
removed because tolerances for direct and inadvertent residues of 2,4-D
in barley, rye and wheat bran are newly established in newly revised 40
CFR 180.142(a) and tolerances in other small grain processed products
are not necessary as residues do not concentrate upon processing.
Therefore, EPA is proposing to remove the tolerances in newly revised
40 CFR 180.142(a) ``crops in paragraph (c) of this section at 1.0
ppm''; ``crops groupings in paragraph (c) of this section at 1.0 ppm'';
``2 ppm in the milled fractions (except flour) derived from barley,
oats, rye, and wheat to be ingested as food or be converted to food'';
and ``2 ppm in the milled fractions derived from barley, oats, rye, and
wheat to be ingested as animal feed or converted into animal feed.''
The proposed tolerance actions herein for 2,4-D, to implement the
recommendations of the 2,4-D RED, reflect use patterns in the U.S.
which support a different tolerance than the Codex level on berries;
citrus; meat byproducts; grass hay and fodder; corn forage and fodder;
meat; pome fruits; potato; rice, grain; sorghum grain; soybeans; and
wheat straw because of differences in good agricultural practices.
However, compatibility currently exists or will exist between the
proposed reassessed U.S. tolerances and Codex MRLs for 2,4-D residues
in or on corn grain, rice straw, rye grain, sorghum forage, stone
fruits, sugarcane, sweet corn, tree nuts, and wheat grain.
3. Dodine. Based on available field trial data that indicate
residues of dodine as high as 2.2 ppm in/on cherries and to harmonize
with the Codex MRL of 3 ppm, the Agency has determined that the
tolerance should be decreased to 3.0 ppm on cherry, sweet and cherry,
tart. Therefore, EPA
[[Page 31228]]
proposes decreasing the tolerance in 40 CFR 180.172(a) for residues of
dodine in or on cherry, sweet from 5.0 to 3.0 ppm and cherry, tart from
5.0 to 3.0 ppm.
Based on the available apple field trial and processing data that
indicate residues of dodine are as high as 2.58 ppm in/on apples and a
concentration factor of 5.13x in apple pomace (wet), the Agency has
determined that a tolerance should be established in/on apple, wet
pomace at 15.0 ppm. Therefore, EPA proposes establishing a tolerance in
40 CFR 180.172(a) for residues of dodine in/on apple, wet pomace at
15.0 ppm.
Based on the results of the dodine animal metabolism study, there
is no reasonable expectation of finite residues in animal tissues or
milk (category 3 of 40 CFR 180.6(a)(3)); therefore, the Agency has
determined that the tolerances for milk and meat are no longer needed
and should be revoked. In the RED, a tolerance for plum was recommended
at 5 ppm; however, there are no longer any uses in/on plums so the
tolerance is not being established. Additionally, use of dodine on
spinach is no longer a registered use, the Agency has determined the
regional tolerance for spinach at 12.0 ppm should be revoked.
Therefore, EPA is proposing to revoke tolerances in 40 CFR 180.172(a)
for residues of dodine in/on meat and milk at 0 ppm and 40 CFR
180.172(b) for residues of dodine in/on spinach at 12.0 ppm and reserve
and redesignate paragraph (b) as paragraph (c) for tolerances with
regional registrations.
In order to conform to the adopted format in the CFR for 40 CFR
part 180, EPA proposes revising 40 CFR 180.172 by adding paragraph (b)
section 18 emergency exemptions--reserved; and paragraph (d) for
indirect and inadvertent residues--reserved.
Compatibility of U.S. tolerances and Codex MRLs exist for dodine
residues in/on apples, pears, and peaches and will exist between the
proposed reassessed U.S. tolerances and Codex MRLs in or on sweet and
tart cherries.
4. DCPA. There are currently no registered uses for DCPA on corn,
lettuce, rutabaga and soybean; however, the tolerances are being
retained to cover any inadvertent residues from the rotation of crops
to previously DCPA treated fields/crops (1998 RED page 23). EPA is also
revising commodity terminology to conform to current Agency practice.
Therefore, EPA is proposing to transfer and revise tolerances in 40 CFR
180.185(a) to 40 CFR 180.185(d) for the combined inadvertent residues
of the herbicide dimethyl tetrachloroterephthalate (DCPA) and its
metabolites monomethyl tetrachloroterephthalate acid (MTP) and
terachlorophthalic acid (TCP) (calculated as DCPA) in or on corn,
field, forage; corn, field stover; corn, pop, forage; corn, pop,
stover; corn, sweet, forage; corn, sweet, stover at 0.4 ppm; corn,
grain (including pop and field) at 0.05 ppm to corn, pop, grain at 0.05
ppm and corn, field, grain at 0.05 ppm; corn, sweet, kernel plus cob
with husks removed at 0.05 ppm; lettuce at 2 ppm to 2.0 ppm; rutabagas
at 2 ppm to rutabaga at 2.0 ppm; and soybean at 2 ppm to 2.0 ppm.
Currently, the tolerances for basil, fresh leaves and basil, dried
leaves are 20.0 ppm and 5.0 ppm, respectively, as published August 20,
2004 (69 FR 51571) (FRL-7673-6), and were intended for inadvertent
residues rather than direct use tolerances. These tolerances should be
corrected, switching the tolerance levels to basil, fresh leaves at 5.0
ppm and basil, dried leaves at 20.0 ppm and designated as inadvertent
residue tolerances. Therefore, EPA is proposing to correct and transfer
the tolerances in 40 CFR 180.185(a) to 40 CFR 180.185(d) for the
combined inadvertent residues of the herbicide DCPA and its metabolites
MTP and TCP (calculated as DCPA) in or on basil, fresh leaves from 20.0
to 5.0 ppm and basil, dried leaves from 5.0 to 20.0 ppm.
The tolerances for celeriac, chicory, chive, coriander, dill,
marjoram, parsley, radicchio, and oriental radish as published August
20, 2004 (69 FR 51571) (FRL-7673-6), were tolerances intended to cover
inadvertent residues rather than direct use residues. Therefore, EPA is
proposing to transfer the tolerances in 40 CFR 180.185(a) to 40
CFR180.185(d) for the combined inadvertent residues of the herbicide
DCPA and its metabolites MTP and TCP (calculated as DCPA) in or on
celeriac at 2.0 ppm; chicory, roots at 2.0 ppm; chicory, tops at 5.0
ppm; chive at 5.0 ppm; coriander, leaves at 5.0 ppm; dill at 5.0 ppm;
marjoram at 5.0 ppm; parsley, leaves at 5.0 ppm; parsley, dried leaves
at 20.0 ppm; radicchio at 5.0 ppm; and radish, oriental at 2.0 ppm.
There are currently no registered uses for DCPA in or on beans
(field, mung and succulent), cotton, cucumbers, eggplants, peppers,
blackeyed peas, potatoes, squash (winter and summer), sweet potatoes,
turnips, leafy brassica vegetables and yams as published August 20,
2004 (69 FR 51571) (FRL-7673-6). However, the tolerances are being
retained to cover any inadvertent residues from rotation of crops to
previously DCPA treated fields/crops. EPA is also revising commodity
terminology to conform to current Agency practice. Therefore, EPA is
proposing to revise and transfer tolerances in 40 CFR 180.185(a) to 40
CFR 180.185(d) for the combined inadvertent residues of the herbicide
DCPA and its metabolites MTP and TCP (calculated as DCPA) in or on
bean, field, dry to bean, dry; bean, mung, seed at 2 ppm; bean, snap,
succulent at 2 ppm; cotton, undelinted seed at 0.2 ppm; cucumber at 1.0
ppm; eggplant at 1.0 ppm; pepper at 2 ppm; pimento at 2 ppm; potato at
2 ppm; squash, summer at 1.0 ppm; squash, winter at 1 ppm; pea,
blackeyed to pea, blackeyed, seed; radish, oriental to radish,
oriental, roots and radish, oriental, tops; sweet potato, roots to
sweet potato; turnip to turnip, roots; turnip, greens to turnip, tops;
vegetable, brassica, leafy, group 5 at 5 ppm; and yam, true, tuber at 2
ppm.
In addition, EPA is proposing to revise commodity terminology and
tolerances to conform to current Agency practice in 40 CFR 180.185(a)
for the combined residues of the herbicide DCPA and its metabolites MTP
and TCP (calculated as DCPA) in or on melon, honeydew to muskmelon; and
onion to onion, bulb.
The are no registered uses for upland cress; therefore, the
tolerance is no longer appropriate. Therefore, EPA is proposing to
revoke the tolerance in 40 CFR 180.185(a) in/on cress, upland at 5 ppm.
Currently, there are no Codex MRLs in place for DCPA.
5. Endothall. Tolerances are currently established for rice, grain
and rice, straw at 0.05(N) ppm. The ``N'' indicating negligible
residues should be deleted in accordance with current Agency practice
in 40 CFR 180.293 for the endothall residues of concern in or on rice,
grain from 0.05(N) ppm to 0.05 ppm and rice, straw from 0.05(N) ppm to
0.05 ppm.
There is currently an interim tolerance established in 40 CFR
180.293(a)(2) for endothall residues of concern for potable water at
0.2 ppm. EPA's Office of Pesticide Programs no longer regulates
pesticides in water by establishing tolerances, but rather by EPA's
Office of Water where an appropriate Maximum Concentration Level has
been established. Therefore, EPA is proposing to revoke the interim
tolerance of 0.2 ppm in 40 CFR 180.293 (a)(2) and redesignating 40 CFR
180.293 (a)(1) and (a)(2) as 40 CFR 180.293(a).
EPA is proposing to revise commodity terminology to conform to
current Agency practice in newly revised 40 CFR 180.293(a) from hop to
hop, dried cones.
[[Page 31229]]
Currently, there are no Codex MRLs in place for endothall.
6. Propyzamide (or pronamide). Currently, 40 CFR 180.317(a)
regulates the combined residues of the herbicide propyzamide and its
metabolites (containing the 3,5-dichlorobenzoyl moiety calculated as
3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide) and in 40 CFR
180.317(b) only the parent, propyzamide is regulated in error. The
Agency has determined the residues for regulation should be corrected
in 40 CFR 180.317(b) to include the metabolites. Therefore, EPA
proposes correcting the regulatory expression in 40 CFR 180.317(b) to
regulate the combined residues of the herbicide propyzamide and its
metabolites (containing the 3,5-dichlorobenzoyl moiety calculated as
3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide).
Based on the available field trial data that indicate the combined
residues of propyzamide are less than the level of detection (0.01 ppm)
in or on artichokes, the Agency determined that the tolerance should be
decreased to 0.01 ppm. Therefore, EPA proposes decreasing the tolerance
in 40 CFR 180.317(a) for the combined residues of the herbicide
propyzamide and its metabolites (containing the 3,5-dichlorobenzoyl
moiety calculated as 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide)
in or on artichoke, globe from 0.1 to 0.01 ppm.
In a residue study, two groups of lactating cows were fed alfalfa
hay containing 20 to 40 ppm field-aged propyzamide residues for 3 weeks
resulting in residues in fat tissues ranging from <0.01 to 0.48 ppm.
Based on linear extrapolation of the maximum residues observed in the
study and the maximum theoretical dietary burden, the Agency determined
that the cattle, goat, hog, horse, and sheep fat tolerances should be
raised from 0.02 to 0.20 ppm. Therefore, EPA proposes increasing the
tolerances in 40 CFR 180.317(a) for the combined residues of the
herbicide propyzamide and its metabolites (containing the 3,5-
dichlorobenzoyl moiety calculated as 3,5-dichloro-N-(1,1-dimethyl-2-
propynyl)benzamide) in or on cattle, fat from 0.02 to 0.20 ppm; goat,
fat from 0.02 to 0.20 ppm; hog, fat from 0.02 to 0.20 ppm; horse, fat
from 0.02 ppm to 0.20 ppm; and sheep, fat from 0.02 to 0.20 ppm. The
Agency determined that the increased tolerances are safe; i.e., there
is a reasonable certainty that no harm will result from aggregate
exposure to the pesticide chemical residue.
Tolerances are typically not established for poultry kidneys,
consequently, the associated tolerance is not necessary and the Agency
determined that the tolerance for poultry, kidney at 0.2 ppm should be
revoked. Concomitant with revoking the poultry, kidney tolerance, the
tolerance for poultry, meat byproducts (except kidney, liver) should be
revised to poultry, meat byproducts, except liver. Therefore, EPA
proposes revoking the tolerance in 40 CFR 180.317(a) for the combined
propyzamide residues of concern in or on poultry, kidney and revising
the tolerance poultry, meat byproducts, (except kidney, liver) to
poultry, meat byproducts, except liver.
Based on available confined accumulation in rotational crops data
that indicate residues of propyzamide and its metabolites are as high
as 0.10 ppm in wheat forage; 0.038 ppm in wheat, grain, and 0.181 ppm
in wheat, straw, the Agency determined that tolerances for inadvertent
or indirect residues should be established in/on cereal, grain, forage
at 0.6 ppm; cereal, grain, hay at 0.2 ppm; and cereal, grain, straw at
0.3 ppm. Therefore, EPA proposes establishing tolerances in 40 CFR
180.317(d) for the combined residues of the herbicide propyzamide and
its metabolites (containing the 3,5-dichlorobenzoyl moiety calculated
as 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide) in or on grain,
cereal, forage, group 16 at 0.6 ppm; grain, cereal, hay, group 16 at
0.2 ppm; and grain, cereal, straw, group 16 at 0.3 ppm.
Based on the available field trial data that indicate the combined
residues of propyzamide are as high as 8.68 ppm in/on alfalfa seed, the
Agency determined that a tolerance should be established in/on alfalfa,
seed at 10.0 ppm. Therefore, EPA is proposing to establish tolerances
in 40 CFR 180.317(a) for the combined propyzamide residues of concern
in/on alfalfa, seed at 10.0 ppm. The Agency determined that the
increased tolerances are safe; i.e., there is a reasonable certainty
that no harm will result from aggregate exposure to the pesticide
chemical residue.
EPA is also revising commodity terminology to conform to current
Agency practice. Therefore, EPA proposes modifying a tolerance in 40
CFR 180.317(a) in/on lettuce to lettuce, head; fruit, stone to fruit,
stone group 12; nongrass animal feeds to animal feed, nongrass, group
18; radicchio, greens (tops) to radicchio; cattle, meat byproducts,
except kidney, liver; goat, meat byproducts, except kidney, liver; hog,
meat byproducts, except kidney, liver; horse, meat byproducts, except
kidney, liver; sheep, meat byproducts, except kidney, liver to cattle,
meat byproducts, except kidney and liver; goat, meat byproducts, except
kidney and liver; hog, meat byproducts, except kidney and liver; horse,
meat byproducts, except kidney and liver; and sheep, meat byproducts,
except kidney and liver and in 40 CFR 180.317(c) in/on pea, dried,
winter to pea, field, seed.
Currently, there are no Codex MRLs in place for propyzamide.
7. Ethofumesate. Tolerances in 40 CFR 180.345(a)(1) and (a)(2) are
regulated for the combined residues of the herbicide ethofumesate (2-
ethoxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl methanesulfonate) and
its metabolites 2-hydroxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl
methanesulfonate and 2,3-dihydro-3,3-dimethyl-2-oxo-5-benzofuranyl
methanesulfonate both calculated as parent compound in/on raw
agricultural commodities for (a)(1) and in/on the processed feeds when
present as a result of application to growing crops. When the residues
of concern are the same for both processed feeds and the raw
agricultural commodities, it is administrative practice to regulate
them in the same paragraph. Therefore, EPA proposes combining the
tolerances in 40 CFR 180.345(a)(1) and (a)(2) into 40 CFR 180.345(a).
As there are presently no regulated poultry or swine feed items
associated with the registrated uses of ethofumesate, the hog fat,
meat, and meat byproduct tolerances are no longer needed. Also, based
on available field trial data that indicate residues of etho