Mancozeb, Maneb, Metiram, and Thiram; Proposed Tolerance Actions, 47507-47517 [E9-22302]
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Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Proposed Rules
Each year while the issue is outstanding, 40
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The remainder of the solid material is either
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Company L owns and operates a facility
financed by an issue and uses the facility
exclusively to sort damaged bottles from
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PART 17—TEMPORARY INCOME TAX
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Par. 4. The authority citation for part
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Authority: 26 U.S.C. 7805 * * *
§ 17.1
[Removed]
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Par. 5. Section 17.1 is removed.
Linda M. Kroening,
(Acting) Deputy Commissioner for Services
And Enforcement.
[FR Doc. E9–22258 Filed 9–15–09; 8:45 am]
BILLING CODE 4830–01–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2009–0431; FRL–8431–4]
Mancozeb, Maneb, Metiram, and
Thiram; Proposed Tolerance Actions
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to revoke
certain tolerances for the fungicides
mancozeb and maneb. Also, EPA is
proposing to modify certain tolerances
for the fungicides mancozeb, maneb,
metiram, and thiram. In addition, EPA
is proposing to establish new tolerances
for the fungicides mancozeb, maneb,
and metiram. 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 tolerance reassessment
program under the Federal Food, Drug,
and Cosmetic Act (FFDCA), section
408(q).
DATES: Comments must be received on
or before November 16, 2009.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2009–0431, 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
Facility’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 Facility telephone number is
(703) 305–5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2009–
0431. 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
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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 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
at https://www.regulations.gov. 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.
FOR FURTHER INFORMATION CONTACT:
Joseph Nevola, Pesticide Re-evaluation
Division (7508P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave, NW.,
Washington, DC 20460–0001; telephone
number: (703) 308–8037; e-mail address:
nevola.joseph@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
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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.
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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.
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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 timeframes 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 proposed
rule, 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, modify,
and establish specific tolerances for
residues of the fungicides mancozeb,
maneb, metiram, and thiram in or on
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
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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 FFDCA.
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 number: 1–
800–490–9198; fax number: 1–513–489–
8695; Internet at https://www.epa.gov/
ncepihom and from the National
Technical Information Service (NTIS),
5285 Port Royal Rd., Springfield, VA
22161; telephone number: 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 in public dockets; REDs for
mancozeb (EPA–HQ–OPP–2005–0176),
maneb (EPA–HQ–OPP–2005–0178),
metiram (EPA–HQ–OPP–2005–0177),
and thiram (EPA–HQ–OPP–2004–0183),
at https://www.regulations.gov and also
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, provided that the
tolerance is safe. 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.
2. The tolerance remains safe,
notwithstanding 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 U.S. general population, and safety
for infants and children. In particular,
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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 and
exemptions and/or establishments of
tolerances and exemptions for
mancozeb, maneb, metiram, and thiram
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 for mancozeb, maneb, and
metiram can be found under their
respective public docket ID numbers,
identified in Unit II.A. Electronic copies
of support documents for thiram are
available in public docket EPA–HQ–
OPP–2004–0183. An electronic copy of
the Residue Chemistry Chapter for
thiram is available in the public docket
for this proposed rule. Electronic copies
are available through EPA’s electronic
public docket and comment system,
regulations.gov at https://
www.regulations.gov. You may search
for this proposed rule under docket ID
number EPA–HQ–OPP–2009–0431, then
click on that docket ID 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; i.e., 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
FFDCA section 408(b)(2)(C). (Note that
changes to tolerance nomenclature do
not constitute modifications of
tolerances). These findings are
discussed in detail in each RED or
TRED. The references are available for
inspection as described in this
document under SUPPLEMENTARY
INFORMATION.
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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. Those instances where
registrations were canceled were
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
legally treated domestic commodities.
1. Mancozeb. Currently, tolerances for
mancozeb are established in 40 CFR
180.176(a) for residues of the fungicide
mancozeb, a coordination product of
zinc ion and maneb (manganese
ethylenebisdithiocarbamate) and
calculated as zinc
ethylenebisdithiocarbamate (zineb).
Mancozeb is a member of the class of
dithiocarbamates, whose decomposition
releases carbon disulfide (CS2). In order
to allow harmonization of U.S.
tolerances with Codex Maximum
Residue Limits (MRLs), the Agency
determined that for the purpose of
tolerance enforcement, residues of
mancozeb should be calculated as
carbon disulfide. Therefore, EPA is
proposing to revise the introductory text
containing the tolerance expression in
40 CFR 180.176(a) to read as follows:
Tolerances are established for residues of
mancozeb (a coordination product of zinc ion
and maneb (manganese
ethylenebisdithiocarbamate)), including its
metabolites and degradates, in or on the
commodities in the table in this paragraph.
Compliance with the tolerance levels
specified in this paragraph is to be
determined by measuring only those
mancozeb residues convertible to and
expressed in terms of the degradate carbon
disulfide.
Also, the Agency determined that the
change in tolerance expression should
also apply to the other dithiocarbamates
that are determined by the carbon
disulfide common moiety and have
current tolerances. (That document is
available in the docket for this proposed
rule). Currently, according to 40 CFR
180.3(d)(5), total dithiocarbamate
residue on the same raw agricultural
commodity shall not exceed that
permitted by the highest tolerance for
any one member of the class, calculated
as zinc ethylenebisdithiocarbamate
(zineb). Therefore, in the interim, until
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all tolerance expressions can be changed
for dithiocarbamates with the carbon
disulfide moiety and current tolerances,
EPA is proposing to revise the text in 40
CFR 180.3(d)(5) by adding carbon
disulfide as part of the calculated
residues, to read as follows:
Where tolerances are established for more
than one member of the class of
dithiocarbamates listed in paragraph (e)(3) of
this section on the same raw agricultural
commodity, the total residue of such
pesticides shall not exceed that permitted by
the highest tolerance established for any one
member of the class, calculated as zinc
ethylenebisdithiocarbamate and carbon
disulfide.
Oat bran is no longer considered to be
a significant food/feed item by the
Agency, and therefore is no longer
regulated as a commodity 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 at https://www.epa.gov/
opptsfrs/home/guidelin.htm;
consequently, the Agency has
determined that the tolerance for
mancozeb on oat, bran at 20 ppm is no
longer needed. Therefore, EPA is
proposing to revoke the tolerance in 40
CFR 180.176(a) on oat, bran.
Based on available field trial data that
showed mancozeb residues on apples as
high as 0.55 parts per million (ppm) and
on pears as high as 0.13 ppm (for a prebloom treatment schedule), and 0.65
ppm (for an extended treatment
schedule), EPA determined that the
tolerances should be decreased from 7.0
ppm and 10.0 ppm, respectively, to 1
ppm, which when converted to carbon
disulfide equivalents using a rounded
conversion factor of 0.6X (based on
relative molecular weights) is calculated
as 0.6 ppm. The Agency determined that
data for apple should be translated to
crabapple because the registered use
patterns (application method, maximal
single application rate, maximal
seasonal rate, and preharvest interval)
associated with given formulations for
mancozeb are identical for crabapple
and apple, and data for pear should be
translated to quince because the
registered use patterns associated with
given formulations for mancozeb are
identical for quince and pear, and
therefore the tolerances on crabapple
and quince should each be decreased
from 10.0 ppm to 0.6 ppm.
Consequently, EPA is proposing to
decrease the tolerances in 40 CFR
180.176(a) on apple, crabapple, pear,
and quince, each to 0.6 ppm.
Based on available field trial data that
showed mancozeb residues as high as
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1.0 ppm in or on bananas harvested 0
days following the last foliar application
at 1.3X the maximum single application
rate and for bagged and unbagged
bananas as high as 0.13 ppm and 1.18
ppm, respectively, on whole banana
fruit including peel harvested 0 days
following the last foliar application at
1X the maximum single application
rate, and to harmonize with a Codex
MRL of 2 expressed as milligrams (mg)
carbon disulfide/kilogram (kg) for
dithiocarbamates, EPA determined that
the tolerance should be decreased from
4.0 ppm to 2 ppm. Therefore, EPA is
proposing to decrease the tolerance in
40 CFR 180.176(a) on banana to 2 ppm.
In addition, because banana pulp is
covered by the tolerance for banana at
the proposed level, a separate tolerance
for the obsolete commodity term
banana, pulp is no longer needed and
should be revoked. Consequently, EPA
is proposing to revoke the tolerance in
40 CFR 180.176(a) on banana, pulp.
Based on available field trial data that
showed mancozeb residues as high as
1.5 ppm and 99.5 ppm for sugar beet
roots and tops, respectively, EPA
determined that tolerances should be set
at 2 ppm and 100 ppm, respectively,
which when converted to carbon
disulfide equivalents using a rounded
conversion factor of 0.6X are calculated
as 1.2 ppm and 60 ppm, respectively.
Also, based on available processing data
that showed mancozeb residues
concentrated 3X in sugar beet dried
pulp and a highest average field trial
(HAFT) of <1.529 ppm, the Agency
expected residues as high as 4.59 ppm,
the Agency determined that a tolerance
should be established at 5.0 ppm, which
when converted to carbon disulfide is
calculated at 3.0 ppm. Therefore, EPA is
proposing to decrease the tolerances in
40 CFR 180.176(a) on beet, sugar, roots
to 1.2 ppm and beet, sugar, tops to 60
ppm, and establish a tolerance on beet,
sugar, dried pulp at 3.0 ppm.
Based on available field trial data that
showed mancozeb residues as high as
6.72 ppm on cranberry, the Agency
determined that the tolerance should be
set at 7 ppm, which when converted to
carbon disulfide equivalents using a
rounded conversion factor of 0.6X, and
to harmonize with a Codex MRL of 5
expressed as mg carbon disulfide/kg for
dithiocarbamates, is calculated as 5
ppm. Therefore, EPA is proposing to
decrease the tolerance in 40 CFR
180.176(a) on cranberry to 5 ppm.
Based on available field trial data that
showed mancozeb residues as high as
2.1 ppm on cucumber, 4.7 ppm on
melons treated at 1.3X (expect 3.6 ppm
at 1X), and 1.75 ppm on summer
squash, the Agency determined that
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individual tolerances should be set at
3.0 ppm, 4.0 ppm, and 2 ppm,
respectively, which when converted to
carbon disulfide equivalents using a
rounded conversion factor of 0.6X is
calculated as 1.8 ppm, 2.2 ppm and 1.2
ppm, respectively. Because the
representatives for crop group 9 include
cucumber, muskmelon, and summer
squash, EPA believes that these
tolerances should be combined into a
single crop group tolerance and
decreased from their current individual
tolerance levels of 4 ppm to 2 ppm.
Consequently, EPA is proposing to
decrease the tolerances in 40 CFR
180.176(a) on cucumber, melon, and
squash, summer to 2 ppm and combine
them into the group tolerance termed
vegetable, cucurbit, group 9.
Based on available field trial data that
showed mancozeb residues as high as
57.4 ppm for field corn forage, 15.2 ppm
for field corn stover, 87.5 ppm for sweet
corn forage, 59.3 ppm for sweet corn
stover, and translation of sweet corn
stover data to pop corn stover, EPA
determined that tolerances should be
increased from 5 ppm each to 65 ppm,
20 ppm, 120 ppm, 70 ppm, and 70 ppm,
respectively, which when converted to
carbon disulfide equivalents using a
rounded conversion factor of 0.6X is
calculated as 40 ppm, 15 ppm, 70 ppm,
40 ppm, and 40 ppm, respectively. (The
Agency also determined that mancozeb
registrations for corn use should remove
existing feeding/grazing restrictions for
all types of corn). Therefore, EPA is
proposing to revise the terminology of
tolerances in 40 CFR 180.176(a) for
corn, forage to corn, field, forage and
corn, sweet, forage; and corn, stover to
corn, field, stover; corn, pop, stover; and
corn, sweet, stover; and to increase corn,
field, forage to 40 ppm, corn, field,
stover to 15 ppm, corn, sweet, forage to
70 ppm; corn, pop, stover to 40 ppm;
and corn, sweet, stover to 40 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
showed mancozeb residues at <0.05
ppm on sweet corn (kernel plus cob
with husks removed), the Agency
determined that the tolerance should be
decreased from 0.5 ppm to 0.1 ppm in
order to harmonize with a Codex MRL
of 0.1 expressed as mg carbon disulfide/
kg for dithiocarbamates. Also, the
Agency determined that the data for
sweet corn can be translated to popcorn
grain, and therefore the tolerance for
popcorn grain should be decreased from
0.5 ppm to 0.1 ppm, which after
conversion is calculated as 0.06 ppm.
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Therefore, EPA is proposing to decrease
the tolerances in 40 CFR 180.176(a) on
corn, pop, grain to 0.06 ppm and corn,
sweet, kernel plus cob with husks
removed to 0.1 ppm.
Based on available field trial data that
showed mancozeb residues as high as
1.79 ppm for dry bulb onions, EPA
determined that the tolerance should be
increased from 0.5 ppm to 2.0 ppm,
which when converted to carbon
disulfide equivalents using a rounded
conversion factor of 0.6X is calculated
as 1.5 ppm. Therefore, EPA is proposing
to increase the tolerance in 40 CFR
180.176(a) on onion, bulb to 1.5 ppm.
The Agency determined that the
increased tolerance is 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 for
sorghum seed treatment at 1.1–1.2X the
maximum rate that showed mancozeb
residues as high as 0.32 ppm in or on
grain and 0.12 ppm in or on straw, EPA
determined that tolerances should be
established at 0.4 ppm for grain, 0.2
ppm for stover, and because the data on
straw could be translated to forage, 0.2
ppm for forage, which when converted
to carbon disulfide equivalents using a
rounded conversion factor of 0.6X are
calculated as 0.25 ppm, 0.15 ppm, and
0.15 ppm, respectively. Therefore, EPA
is proposing to establish tolerances in
40 CFR 180.176(a) on sorghum, grain,
grain at 0.25 ppm, sorghum, grain,
forage at 0.15 ppm, and sorghum, grain,
stover at 0.15 ppm.
Based on available field trial data for
flax seed treatment at 0.7–0.8X the
maximum rate that showed mancozeb
residues as high as 0.13 ppm in or on
flax grain, EPA determined that a
tolerance should be established at 0.2
ppm for flax seed, which when
converted to carbon disulfide
equivalents using a rounded conversion
factor of 0.6X is calculated as 0.15 ppm.
Therefore, EPA is proposing to establish
a tolerance in 40 CFR 180.176(a) on flax,
seed at 0.15 ppm.
Based on available field trial data for
rice seed treatment at 1.2–1.3X the
maximum rate that showed mancozeb
residues as high as <0.05 ppm (nondetectable) in or on rice grain and 0.15
ppm in or on rice straw, EPA
determined that tolerances should be
established at 0.1 ppm for rice grain and
0.2 ppm for rice straw, which when
converted to carbon disulfide
equivalents using a rounded conversion
factor of 0.6X are calculated as 0.06 ppm
and 0.15 ppm, respectively. Therefore,
EPA is proposing to establish tolerances
in 40 CFR 180.176(a) on rice, grain at
0.06 ppm and rice, straw at 0.15 ppm.
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Based on available field trial data at
1X the maximum rate that showed
mancozeb residues as high as 0.017 ppm
in or on peanut nutmeat and 1.5X the
maximum rate that showed mancozeb
residues as high as 5.1 ppm in or on
tomatoes, EPA determined that the
tolerance on peanut should be
decreased from 0.5 ppm to 0.1 ppm and
the tolerance on tomato should remain
at 4 ppm, which when converted to
carbon disulfide equivalents using a
rounded conversion factor of 0.6X are
calculated as 0.1 ppm (unchanged, but
in harmony with Codex MRL of 0.1
expressed as mg carbon disulfide/kg for
dithiocarbamates) and 2.5 ppm,
respectively. Therefore, EPA is
proposing to decrease the tolerances in
40 CFR 180.176(a) on peanut to 0.1 ppm
and tomato to 2.5 ppm.
On March 2, 1992 (57 FR 7484) (FRL–
4045–8), EPA published a Conclusion of
the Special Review for Ethylene
bisdithiocarbamates (EBDCs PD4), and
among its actions, the Agency
disallowed mancozeb use on carrots and
celery. However, the Mancozeb Task
Force requested the reinstatement of
mancozeb use on carrots grown in FL,
MI, and WI, and celery grown in FL.
The available data showed mancozeb
residues applied at 1X the maximum
proposed single and seasonal rate were
as high as 0.709 ppm on carrots. EPA
determined that the data for carrots are
sufficient to support a regional tolerance
and the tolerance should be
redesignated from 180.176(a) to
180.176(c), and after conversion to
carbon disulfide equivalents, should be
decreased from 2 ppm to 1 ppm. Also,
the available data showed mancozeb
residues applied at 2X the maximum
proposed seasonal rate were as high as
2.19 ppm on celery. The Agency
concluded that the submitted data are
not fully adequate because the field
trials were conducted at 2X the
maximum proposed seasonal rate, and
as a condition for full registration
recommended the submission of
additional field trials at 1X and 2X rates
in each FL trial location. However, there
have been no active registrations in the
United States for mancozeb use on
celery since 1992, and therefore, the
celery tolerance is no longer needed and
should be revoked. Consequently, EPA
is proposing to revoke the mancozeb
tolerance on celery in 40 CFR 180.176(a)
and redesignate the tolerance on carrot,
roots from 40 CFR 180.176(a) to (c), and
decrease it to 1 ppm. In addition,
because that section is currently
reserved, EPA is proposing to add
introductory text for the tolerance
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expression in 40 CFR 180.176(c) to read
as follows:
A tolerance with regional registrations is
established for residues of the fungicide
mancozeb, (a coordination product of zinc
ion and maneb (manganese
ethylenebisdithiocarbamate)), including its
metabolites and degradates, in or on the
commodity in the table in this paragraph.
Compliance with the tolerance levels
specified in this paragraph is to be
determined by measuring only those
mancozeb residues convertible to and
expressed in terms of the degradate carbon
disulfide.
Because data for celery treated with 7
to 17 foliar applications of mancozeb at
1X the maximum single application rate
harvested at 14 days following the last
application are available, EPA
determined that the data can be
translated to fennel, and no additional
residue data for fennel, a very minor
crop use, are required. Based on the data
translated from celery, the Agency
determined that the tolerance for fennel
should be decreased from 10 ppm to 4
ppm, which when converted to carbon
disulfide equivalents, is calculated as
2.5 ppm. Therefore, EPA is proposing to
decrease the tolerance in 40 CFR
180.176(a) on fennel to 2.5 ppm.
Based on available field trial data at
1X the maximum single and 0.8X the
maximum seasonal application rate that
showed mancozeb residues as high as
1.83 ppm in or on grapes, EPA
determined that the tolerance on grape
should be decreased from 7 ppm to 2
ppm, which when converted to carbon
disulfide equivalents using a rounded
conversion factor of 0.6X are calculated
as 1.5 ppm. Therefore, EPA is proposing
to decrease the tolerance in 40 CFR
180.176(a) on grape to 1.5 ppm.
Based on available field trial data that
showed mancozeb residues as high as
0.2 ppm in or on potatoes, EPA
determined that there are now sufficient
data to reassign the tolerance on potato
from interim to permanent and that it
should be decreased from 1.0 ppm to 0.2
ppm when converted to carbon
disulfide equivalents. Therefore, EPA is
proposing to revoke the interim
tolerance in 40 CFR 180.319 for residues
of the coordination product of zinc ion
and maneb (mancozeb) in or on potato
at 1.0 ppm (calculated as zinc
ethylenebisdithiocarbamate) and
establish a tolerance in 40 CFR
180.176(a) for residues of mancozeb
(calculated as carbon disulfide) on
potato at 0.2 ppm.
In addition, EPA is proposing to
revise commodity terminology to
conform to current Agency practice in
40 CFR 180.176(a) as follows:
‘‘asparagus (negligible residue)’’ to
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‘‘asparagus’’; ‘‘barley, milled feed
fractions’’ to ‘‘barley, bran,’’ ‘‘barley,
flour,’’ and ‘‘barley, pearled barley’’;
‘‘kidney’’ to ‘‘cattle, kidney,’’ ‘‘goat,
kidney,’’ ‘‘hog, kidney,’’ ‘‘horse,
kidney,’’ ‘‘poultry, kidney,’’ and ‘‘sheep,
kidney’’; ‘‘liver’’ to ‘‘cattle, liver,’’ ‘‘goat,
liver,’’ ‘‘hog, liver,’’ ‘‘horse, liver,’’
‘‘poultry, liver,’’ and ‘‘sheep, liver’’;
‘‘papaya (whole fruit with no residue
present in the edible pulp after the peel
is removed and discarded)’’ to
‘‘papaya’’; ‘‘oat, milled feed fractions’’ to
‘‘oat, flour’’ and ‘‘oat, groats/rolled
oats’’; ‘‘wheat, milled byproducts’’ to
‘‘wheat, bran,’’ ‘‘wheat, flour,’’ ‘‘wheat,
germ,’’ ‘‘wheat, middlings,’’ and ‘‘wheat,
shorts.’’
In the mancozeb RED, certain plant
commodity tolerances are recommended
to be decreased concomitant with
product label changes to their use
patterns. No mitigation is required to
address either acute or chronic dietary
risks from food alone. Acute dietary
exposure from food alone are below the
Agency’s level of concern at the 99.9th
percentile of exposure; i.e., exposure is
<1% of the Acute Population Adjusted
Dose (aPAD) for females 13–49 years
old, the most highly exposed population
subgroup. Chronic dietary exposure
from food alone are below the Agency’s
level of concern; i.e., exposure is <1%
of the Chronic Population Adjusted
Dose (cPAD) for the U.S. population and
all population subgroups, including
children 1–2 years old, the most highly
exposed population subgroup. However,
because the Agency is still in the
process of obtaining the needed
amended mancozeb product labels, their
associated plant tolerances will not be
proposed to be decreased at this time.
The RED for mancozeb recommended a
decrease in the tolerance for field corn
grain (from 0.1 ppm to 0.06 ppm)
contingent upon limiting use of
mancozeb on hybrid seed corn type
only. However, the Agency has not yet
verified that all active mancozeb
registrations for field corn grain are
limited to hybrid seed corn type only.
Therefore, EPA will not propose action
on the tolerance in 40 CFR 180.176(a)
for corn, field, grain at this time. In
addition, except for the tolerance on oat
bran which was recommended for
revocation, the RED for mancozeb
recommended tolerance reassessment
actions for papaya and the grains,
milled feed fractions, and straw of
barley, oat, rye, and wheat that are
contingent upon label revisions.
However, the Agency has not yet
verified that all mancozeb registrations
for them have been revised. Therefore,
EPA will not propose action on the
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tolerances in 40 CFR 180.176(a) for
barley, grain; barley, straw; oat, grain;
oat, straw; rye, grain; rye, straw; and
wheat, grain at this time. With the
exception of proposing to revise the
tolerance nomenclatures for papaya
(whole fruit with no residue present in
the edible pulp after the peel is removed
and discarded) and the milling feed
fractions of barley, oat, and wheat, as
described herein, no other action will be
taken on them in 40 CFR 180.176(a) at
this time. Also, although the Agency
determined that the available processing
data for wheat bran and flour may be
translated to barley bran and flour,
bridging processing data on pearled
barley are still required. When
appropriate mancozeb product label
changes for specific plant commodity
uses are provided to and approved by
the Agency, EPA expects to follow up
and propose the recommended
tolerance decreases in a future
publication in the Federal Register.
Also, the Mancozeb Task Force
requested removal of the foliar use on
cotton and EPA has determined that use
of mancozeb as a seed treatment on
cottonseed is a non-food use (document
available in the docket for this proposed
rule). However, the Agency has not yet
verified that all active mancozeb
registrations for cotton do not have a
foliar use on cotton. Therefore, EPA will
not propose action on the tolerance in
40 CFR 180.176(a) for cotton,
undelinted seed at this time.
There are MRLs for dithiocarbamates
which are determined as carbon
disulfide mg/kg. The tolerance
definition for mancozeb proposed
herein would be harmonized with that
for Codex MRLs with respect to residue
determination as carbon disulfide.
However, the Codex limits are listed for
total dithiocarbamates, which also
include dithiocarbamates other than
mancozeb.
2. Maneb. Currently, tolerances for
maneb are established in 40 CFR
180.110(a) for residues of the fungicide
maneb (manganese
ethylenebisdithiocarbamate), calculated
as zinc ethylenebisdithiocarbamate.
Maneb is a member of the class of
dithiocarbamates, whose decomposition
releases a common moiety, carbon
disulfide (CS2). In order to allow
harmonization of U.S. tolerances with
Codex MRLs, the Agency determined
that for the purpose of tolerance
enforcement, residues of maneb should
be calculated as carbon disulfide.
Therefore, EPA is proposing to revise
the introductory text containing the
tolerance expression in 40 CFR
180.110(a) to read as follows:
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Tolerances are established for residues of
maneb (manganese
ethylenebisdithiocarbamate), including its
metabolites and degradates, in or on the
commodities in the table in this paragraph.
Compliance with the tolerance levels
specified in this paragraph is to be
determined by measuring only those maneb
residues convertible to and expressed in
terms of the degradate carbon disulfide.
Maneb use on certain crops were
disallowed for reregistration by EPA, as
announced in a notice published in the
Federal Register of March 2, 1992 (57
FR 7484) (FRL–4045–8). In that notice,
the Agency announced its conclusion of
Special Review (PD4) regarding
ethylene bisdithiocarbamates (EBDCs),
including maneb, and its intent to
cancel any EBDC product registrations
bearing food uses that included, among
others, apricots, succulent beans,
carrots, celery, nectarines, and peaches.
There have been no U.S. registrations
for maneb use associated with apricots,
succulent beans, nectarines, and
peaches since 1992, and carrots and
celery since 1994. Therefore, the maneb
tolerances on these commodities are no
longer needed and should be revoked.
Consequently, EPA is proposing to
revoke the tolerances in 40 CFR
180.110(a) for maneb residues of
concern in or on apricot; bean,
succulent; carrot, roots; celery;
nectarine; and peach.
Based on available field trial data that
showed maneb residues as high as <4.0
ppm for dry beans, 10.0 ppm for
broccoli, <4.0 ppm for cucumber, <4.0
ppm for tomato, and calculation of 2.93
ppm for melon at 1X (based on maneb
residues as high as of 4.39 ppm for
melon treated at 1.5X), EPA determined
that the tolerances should be decreased
for dry beans from 7 ppm to 4 ppm,
maintained for broccoli at 10 ppm,
maintained for both cucumber and
tomato at 4 ppm, and maintained for
melon at 4 ppm, which when converted
to carbon disulfide equivalents using a
rounded conversion factor of 0.6X are
calculated as 2.5 ppm, 6 ppm, 2 ppm,
2.5 ppm, and 3 ppm, respectively. In
addition, the Agency determined that
the broccoli data could be translated to
Brussels sprouts, cauliflower, and
kohlrabi, and that the tolerances on
Brussels sprouts, cauliflower, and
kohlrabi should, after conversion, be
decreased from 10 ppm to 6 ppm. Also,
the Agency determined that the melon
data could be translated to pumpkin and
winter squash, and that the tolerances
on pumpkin and winter squash should,
after conversion, be decreased from 7
ppm to 3 ppm and 4 ppm to 3 ppm,
respectively. Moreover, the Agency
determined that the cucumber data
could be translated to summer squash,
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and that the tolerance on summer
squash, after conversion, be decreased
from 4 to 2 ppm. Furthermore, the
Agency determined that the tomato data
could be translated to eggplant, and that
the tolerance on eggplant, after
conversion, be decreased from 7 ppm to
2.5 ppm. Therefore, EPA is proposing to
decrease the tolerances in 40 CFR
180.110(a) on bean, dry, seed to 2.5
ppm, broccoli to 6 ppm, Brussels
sprouts to 6 ppm, cauliflower to 6 ppm,
cucumber to 2 ppm, eggplant to 2.5
ppm, kohlrabi to 6 ppm, melon to 3
ppm, pumpkin to 3 ppm, squash,
summer to 2 ppm, squash, winter to 3
ppm, and tomato to 2.5 ppm.
Geographic representation of data for
green onion was incomplete and not
conducted according to the maximum
registered use pattern. However, based
on available field trial data for dry bulb
onion that showed maneb residues of
concern as high as 10.1 ppm (in or on
one sample harvested 7 days following
treatments at 0.5–0.8X the maximal
seasonal rate), the Agency determined
that the current tolerance for onion
should be separated into onion, bulb
and onion, green, and that the tolerance
on onion, bulb should be increased from
7 ppm to approximately 10.1 ppm, but
which after the 0.6X conversion to
carbon disulfide, should be decreased to
6 ppm. Therefore, EPA is revising the
tolerance in 40 CFR 180.110(a) on onion
into onion, green and onion, bulb, and
decreasing the tolerance on onion, bulb
to 6 ppm, maintaining the tolerance on
onion, green at 7 ppm at this time, while
reiterating that additional data are
required for green onions.
Based on available field trial data that
showed maneb residues of concern as
high as 36.8 ppm on untrimmed cabbage
at 1.2X the seasonal rate allowed by
PD4, the Agency determined that the
tolerance for cabbage should be
increased from the current level of 10
ppm, which after a 0.6X conversion to
carbon disulfide is 21 ppm. Therefore,
EPA is proposing to increase the
tolerance in 40 CFR 180.110(a) for
cabbage to 21 ppm. The Agency
determined that the increased tolerance
is 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
showed maneb residues of concern as
high as 154 ppm, the Agency
determined that the tolerance for sugar
beet tops should be increased from 45
to 200 ppm, which after a 0.6X
conversion to carbon disulfide is 120
ppm. Also, based on available field trial
data that showed maneb residues of
concern as high as 1.72 ppm, the
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Agency determined that a tolerance
should be established on sugar beet
roots at 2 ppm, which after a 0.6X
conversion to carbon disulfide is 1.2
ppm. In addition, based on available
processing data that showed a
concentration factor of 2X for dried
pulp, and a HAFT of 1.72 ppm for sugar
beet roots, EPA determined that the
expected maneb residues of concern in
dried sugar beet pulp are 3.44 ppm,
which is greater than the reassessed
tolerance for sugar beet roots of 2.0
ppm, and therefore a tolerance should
be established for dried sugar beet pulp
at 4 ppm, which after a 0.6X conversion
to carbon disulfide is 2.5 ppm.
Consequently, EPA is proposing to
establish tolerances in 40 CFR
180.110(a) for beet, sugar, roots at 1.2
ppm and beet, sugar, dried pulp at 2.5
ppm, and increase the tolerance in 40
CFR 180.110(a) for beet, sugar, tops to
120 ppm. The Agency determined that
the increased tolerance is safe; i.e., there
is a reasonable certainty that no harm
will result from aggregate exposure to
the pesticide chemical residue.
Based on available poultry and
ruminant metabolism data, the Agency
determined that tolerances should be
established on livestock commodities at
the limit of quantitation of the analytical
method. Therefore, EPA is proposing to
establish tolerances in 40 CFR
180.110(a) on 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;
poultry, fat; poultry, meat; poultry, meat
byproducts; sheep, fat; sheep, meat;
sheep, meat byproducts; egg; and milk;
each at 0.02 ppm.
In addition, EPA is proposing to
revise commodity terminology to
conform to current Agency practice in
40 CFR 180.110(a) as follows: ‘‘banana
(not more than 0.5 parts per million)
shall be in the pulp after peel is
removed and discarded (preharvest
application only)’’ to ‘‘banana,
preharvest’’; and ‘‘cabbage, chinese’’ to
‘‘cabbage, chinese, bok choy’’ and
‘‘cabbage, chinese, napa.’’
Although the RED for maneb
recommended tolerance revocation
based on requests for voluntary
cancellation of registrations associated
with certain commodities, EPA is still in
the process of verifying whether active
registrations currently exist for them
and therefore will not propose action on
tolerances for apple; fig; grape; corn,
sweet, kernel plus cob with husks
removed; or turnip, roots at this time.
There are Codex MRLs for
dithiocarbamates which are determined
as carbon disulfide mg/kg. The tolerance
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definition for maneb proposed herein
would be harmonized with that for
Codex MRLs with respect to residue
determination as carbon disulfide.
However, the Codex limits are listed for
total dithiocarbamates, which also
include dithiocarbamates other than
maneb.
3. Metiram. Currently, tolerances for
metiram are established in 40 CFR
180.217(a) for residues of the fungicide
metiram, a mixture of 5.2 parts by
weight of ammoniates of (ethylenebis
(dithiocarbamato)) zinc with 1 part by
weight ethylenebis (dithiocarbamic
acid) bimolecular and trimolecular
cyclic anhydrosulfides and disulfides,
calculated as zinc
ethylenebisdithiocarbamate. Metiram is
a member of the class of
dithiocarbamates, whose decomposition
releases a common moiety, carbon
disulfide (CS2). In order to allow
harmonization of U.S. tolerances with
Codex MRLs, the Agency determined
that for the purpose of tolerance
enforcement, residues of metiram
should be calculated as carbon
disulfide. Therefore, EPA is proposing
to revise the section heading from its
chemical name to metiram and also
revise the introductory text containing
the tolerance expression in 40 CFR
180.217(a) to read as follows:
Tolerances are established for residues of
metiram (a mixture of 5.2 parts by weight of
ammoniates of (ethylenebis
(dithiocarbamato)) zinc with 1 part by weight
ethylenebis (dithiocarbamic acid)
bimolecular and trimolecular cyclic
anhydrosulfides and disulfides), including its
metabolites and degradates, in or on the
commodities in the table in this paragraph.
Compliance with the tolerance levels
specified in this paragraph is to be
determined by measuring only those metiram
residues convertible to and expressed in
terms of the degradate carbon disulfide.
Also, EPA is proposing in 40 CFR
180.217 to revise the section heading
from the chemical name ‘‘ammoniates of
[ethylenebis (dithiocarbamato)] zinc and
ethylenebis [dithiocarbamic acid]
bimolecular and trimolecular cyclic
anhydrosulfides and disulfides’’ to
‘‘metiram.’’
Based on available field trial data that
showed combined metiram residues of
concern as high as <0.53 ppm in or on
apples, and <0.03 ppm in or on
potatoes, the Agency determined that
tolerances should be decreased, which
when converted to carbon disulfide
equivalents using a rounded conversion
factor of 0.6X, should be decreased from
2.0 ppm to 0.5 ppm for apple and from
0.5 ppm to 0.2 ppm for potato.
Therefore, EPA is proposing to decrease
tolerances in 40 CFR 180.217(a) on
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apple to 0.5 ppm and on potato to 0.2
ppm.
Based on available processing data
that showed metiram residues of
concern concentrated 5X in wet apple
pomace and a HAFT of 0.53 ppm, the
Agency expected residues as high as
2.65 ppm, and the Agency determined
that a tolerance should be established,
which when converted to carbon
disulfide is calculated at 2 ppm.
Therefore, EPA is proposing to establish
a tolerance in 40 CFR 180.217(a) on
apple, wet pomace at 2 ppm.
There are Codex MRLs for
dithiocarbamates which are determined
as carbon disulfide mg/kg. The tolerance
definition for metiram proposed herein
would be harmonized with that for
Codex MRLs with respect to residue
determination as carbon disulfide.
However, the Codex limits are listed for
total dithiocarbamates, which also
include dithiocarbamates other than
metiram.
4. Thiram. Currently, tolerances for
thiram are established in 40 CFR
180.132(a) for residues of the fungicide
thiram (tetramethyl thiuram disulfide).
Thiram is a member of the class of
dithiocarbamates, whose decomposition
releases a common moiety, carbon
disulfide (CS2). In order to allow
harmonization of U.S. tolerances with
Codex MRLs, the Agency determined
that for the purpose of tolerance
enforcement, residues of thiram should
be calculated as carbon disulfide.
Therefore, EPA is proposing to revise
the introductory text containing the
tolerance expression in 40 CFR
180.132(a) to read as follows:
Tolerances are established for residues of
thiram, tetramethyl thiuram disulfide,
including its metabolites and degradates, in
or on the commodities in the table in this
paragraph. Compliance with the tolerance
levels specified in this paragraph is to be
determined by measuring only those thiram
residues convertible to and expressed in
terms of the degradate carbon disulfide.
In the Federal Register of September
12, 2008 (73 FR 53007) (FRL–8380–7),
EPA issued a notice regarding EPA’s
announcement of the receipt of requests
from registrants to voluntarily cancel
certain pesticide registrations, including
cancellation of the last apple use from
thiram registrations. EPA approved the
cancellation for the thiram registration
with the last apple use and made it
effective on March 11, 2009, and
permitted the registrant to sell and
distribute product under the previously
approved labeling until September 11,
2009. The Agency believes that end
users will have had sufficient time to
exhaust existing stocks and for thiramtreated apple commodities to have
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cleared the channels of trade by
September 11, 2010. Also, based on
available field trial data that showed
thiram residues of concern as high as
8.65 ppm on apples, the Agency
determined that the tolerance for apple
should be 9 ppm, but which after a 0.6X
conversion to carbon disulfide is
determined by the Agency to be
appropriate at 6.0 ppm. Therefore,
during the interim period prior to its
expiration, the tolerance should be
decreased from 7.0 ppm to 6.0 ppm.
Consequently, EPA is proposing to
revoke the tolerance in 40 CFR
180.132(a) for apple with an expiration/
revocation date of September 11, 2010,
and decrease the tolerance level to 6.0
ppm.
Based on available field trial data that
showed thiram residues of concern at <9
ppm on strawberries, the Agency
determined that the tolerance for
strawberry should be 9 ppm, but which
after a 0.6X conversion to carbon
disulfide is determined by the Agency
to be appropriate at 6.0 ppm. Therefore,
EPA is proposing to decrease the
tolerance in 40 CFR 180.132(a) on
strawberry to 6.0 ppm.
There are Codex MRLs for
dithiocarbamates which are determined
as carbon disulfide mg/kg. The tolerance
definition for thiram proposed herein
would be harmonized with that for
Codex MRLs with respect to residue
determination as carbon disulfide.
However, the Codex limits are listed for
total dithiocarbamates, which also
include dithiocarbamates other than
thiram.
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 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 FFDCA, 21 U.S.C. 342(a). Such
food may not be distributed in interstate
commerce (21 U.S.C. 331(a)). For a fooduse 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.).
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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 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
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 REDs for mancozeb,
maneb, metiram, and thiram. REDs and
TREDs contain the Agency’s evaluation
of the database 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 FFDCA
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
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Fmt 4702
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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
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 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
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products (for example, grain or hay)
containing pesticide 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.
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)).
srobinson on DSKHWCL6B1PROD with PROPOSALS
C. When Do These Actions Become
Effective?
With the exception of the thiram
tolerance for apple for which EPA is
proposing a specific expiration/
revocation date, the Agency is
proposing that the actions herein
become effective on the date of
publication of the final rule in the
Federal Register. With the exception of
the proposed revocation of the thiram
tolerance for apple, tolerances that are
considered by EPA to no longer be
significant food/feed items, and
tolerances whose commodity use is
covered by another tolerance, the
Agency believes that existing stocks of
pesticide products labeled for the uses
associated with the tolerances proposed
for revocation in this document have
been completely exhausted and that
treated commodities have cleared the
channels of trade. EPA is proposing an
expiration/revocation date of September
11, 2010, for the thiram tolerance for
apple. The Agency believes that this
revocation date allows users to exhaust
stocks and allows sufficient time for
passage of treated commodities 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 Unit I.B.
Any commodities listed in this
proposed rule 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 unit, 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:
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16:46 Sep 15, 2009
Jkt 217001
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 tolerance. Evidence to show that
food was lawfully treated may include
records that verify the dates when the
pesticide was applied to such food.
III. Are the Proposed Actions
Consistent with International
Obligations?
The tolerance actions in this proposed
rule are not discriminatory and are
designed to ensure that both
domestically produced and imported
foods meet the food safety standards
established by 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 is a joint U.N. Food
and Agriculture Organization/World
Health Organization food standards
program, and it is recognized as an
international food safety standardssetting 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), and 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
PO 00000
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Fmt 4702
Sfmt 4702
47515
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
is not subject to Executive Order 13211,
entitled 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) (FRL–5753–1),
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 rule
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
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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
any particular revocation. (This Agency
document is available in the docket of
this proposed rule). Furthermore, for the
pesticide named in this proposed rule,
the Agency knows of no extraordinary
circumstances that exist as to the
present proposal that would change the
EPA’s previous analysis. Any comments
about the Agency’s determination
should be submitted to the 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
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
9, 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
VerDate Nov<24>2008
16:46 Sep 15, 2009
Jkt 217001
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
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: September 4, 2009.
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:
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.3 is amended by
revising paragraph (d)(5), to read as
follows:
§180.3 Tolerances for related pesticide
chemicals.
(d)(5) Where tolerances are
established for more than one member
of the class of dithiocarbamates listed in
paragraph (e)(3) of this section on the
same raw agricultural commodity, the
total residue of such pesticides shall not
exceed that permitted by the highest
tolerance established for any one
member of the class, calculated as zinc
ethylenebisdithiocarbamate and carbon
disulfide.
3. Section 180.110 is amended by
revising paragraph (a) to read as follows:
§180.110
Maneb; tolerances for residues.
(a) General. Tolerances are
established for residues of maneb
(manganese
ethylenebisdithiocarbamate), including
its metabolites and degradates, in or on
the commodities in the table in this
paragraph. Compliance with the
tolerance levels specified in this
paragraph is to be determined by
measuring only those maneb residues
convertible to and expressed in terms of
the degradate carbon disulfide.
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Fmt 4702
Sfmt 4702
Commodity
Almond ......................................
Apple .........................................
Banana, preharvest ..................
Bean, dry, seed ........................
Beet, sugar, dried pulp .............
Beet, sugar, roots .....................
Beet, sugar, tops ......................
Broccoli .....................................
Brussels sprouts .......................
Cabbage ...................................
Cabbage, chinese, bok choy ....
Cabbage, chinese, napa ..........
Cattle, fat ..................................
Cattle, meat ..............................
Cattle, meat byproducts ...........
Cauliflower ................................
Collards .....................................
Corn, sweet, kernel plus cob
with husks removed ..............
Cranberry ..................................
Cucumber .................................
Egg ...........................................
Eggplant ....................................
Endive .......................................
Fig .............................................
Goat, fat ....................................
Goat, meat ................................
Goat, meat byproducts .............
Grape ........................................
Hog, fat .....................................
Hog, meat .................................
Hog, meat byproducts ..............
Horse, fat ..................................
Horse, meat ..............................
Horse, meat byproducts ...........
Kale ...........................................
Kohlrabi .....................................
Lettuce ......................................
Melon ........................................
Milk ...........................................
Mustard greens .........................
Onion, bulb ...............................
Onion, green .............................
Papaya ......................................
Pepper ......................................
Potato .......................................
Poultry, fat ................................
Poultry, meat ............................
Poultry, meat byproducts ..........
Pumpkin ....................................
Sheep, fat .................................
Sheep, meat .............................
Sheep, meat byproducts ..........
Squash, summer ......................
Squash, winter ..........................
Tomato ......................................
Turnip, greens ..........................
Turnip, roots .............................
Parts per
million
0.1
2
4
2.5
2.5
1.2
120
6
6
21
10
10
0.02
0.02
0.02
6
10
5
7
2
0.02
2.5
10
7
0.02
0.02
0.02
7
0.02
0.02
0.02
0.02
0.02
0.02
10
6
10
3
0.02
10
6
7
10
7
0.1
0.02
0.02
0.02
3
0.02
0.02
0.02
2
3
2.5
10
7
*
*
*
*
*
4. Section 180.132 is amended by
revising paragraph (a) to read as follows:
§180.132
Thiram; tolerances for residues.
(a) General. Tolerances are
established for residues of thiram,
tetramethyl thiuram disulfide, including
its metabolites and degradates, in or on
the commodities in the table in this
paragraph. Compliance with the
tolerance levels specified in this
paragraph is to be determined by
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measuring only those thiram residues
convertible to and expressed in terms of
the degradate carbon disulfide.
Parts per
million
Commodity
Apple .................
Peach ................
Strawberry ........
Expiration/
Revocation
Date
6.0
7.0
6.0
9/11/10
None
None
*
*
*
*
*
5. Section 180.176 is amended by
revising paragraph (a) and adding
paragraph (c) to read as follows:
§180.176 Mancozeb; tolerances for
residues.
(a) General. Tolerances are
established for residues of mancozeb (a
coordination product of zinc ion and
maneb (manganese
ethylenebisdithiocarbamate)), including
its metabolites and degradates, in or on
the commodities in the table in this
paragraph. Compliance with the
tolerance levels specified in this
paragraph is to be determined by
measuring only those mancozeb
residues convertible to and expressed in
terms of the degradate carbon disulfide.
srobinson on DSKHWCL6B1PROD with PROPOSALS
Commodity
Parts per
million
Apple .........................................
Asparagus .................................
Banana .....................................
Barley, bran ..............................
Barley, flour ..............................
Barley, grain .............................
Barley, pearled barley ..............
Barley, straw .............................
Beet, sugar, dried pulp .............
Beet, sugar, roots .....................
Beet, sugar, tops ......................
Cattle, kidney ............................
Cattle, liver ................................
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 ..................
Cotton, undelinted seed ...........
Crabapple .................................
Cranberry ..................................
Fennel .......................................
Flax, seed .................................
Goat, kidney .............................
Goat, liver .................................
Grape ........................................
Hog, kidney ...............................
Hog, liver ..................................
Horse, kidney ............................
Horse, liver ...............................
Oat, flour ...................................
Oat, grain ..................................
Oat, groats/rolled oats ..............
Oat, straw .................................
VerDate Nov<24>2008
18:11 Sep 15, 2009
0.6
0.1
2
20
20
5
20
25
3.0
1.2
60
0.5
0.5
40
0.1
15
0.06
40
70
this paragraph is to be determined by
measuring only those metiram residues
convertible to and expressed in terms of
1.5 the degradate carbon disulfide.
Parts per
million
Commodity
Onion, bulb ...............................
Papaya ......................................
Peanut ......................................
Peanut, hay ..............................
Pear ..........................................
Potato .......................................
Poultry, kidney ..........................
Poultry, liver ..............................
Quince ......................................
Rice, grain ................................
Rice, straw ................................
Rye, bran ..................................
Rye, grain .................................
Rye, straw .................................
Sheep, kidney ...........................
Sheep, liver ...............................
Sorghum, grain, forage .............
Sorghum, grain, grain ...............
Sorghum, grain, stover .............
Tomato ......................................
Vegetable, cucurbit, group 9 ....
Wheat, bran ..............................
Wheat, flour ..............................
Wheat, germ .............................
Wheat, grain .............................
Wheat, middlings ......................
Wheat, shorts ...........................
Wheat, straw .............................
10
0.1
65
0.6
0.2
0.5
0.5
0.6
0.06
0.15
20
5
25
0.5
0.5
0.15
0.25
0.15
2.5
2
20
20
20
5
20
20
25
Jkt 217001
Apple .........................................
Apple, wet pomace ...................
Potato .......................................
*
*
§ 180.319
*
*
0.5
2
0.2
*
[Amended]
7. Section 180.319 is amended by
removing the entry for the substance
‘‘Coordination product of zinc ion and
maneb’’ from the table.
[FR Doc. E9–22302 Filed 9–15–09; 8:45 am]
BILLING CODE 6560–50–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 457
*
*
*
*
*
(c) Tolerances with regional
registrations. A tolerance with regional
registrations is established for residues
of the fungicide mancozeb, (a
coordination product of zinc ion and
maneb (manganese
ethylenebisdithiocarbamate)), including
its metabolites and degradates, in or on
the commodity in the table in this
paragraph. Compliance with the
tolerance levels specified in this
paragraph is to be determined by
measuring only those mancozeb
residues convertible to and expressed in
terms of the degradate carbon disulfide.
Parts per
million
Commodity
Carrot, roots ..............................
1
*
*
*
*
6. Section 180.217 is amended by
0.1
40 revising the section heading and
0.5 paragraph (a) to read as follows:
0.6
5
2.5
0.15
0.5
0.5
1.5
0.5
0.5
0.5
0.5
20
5
20
25
Parts per
million
Commodity
*
§180.217
Metiram; tolerances for residues.
(a) General. Tolerances are
established for residues of metiram (a
mixture of 5.2 parts by weight of
ammoniates of (ethylenebis
(dithiocarbamato)) zinc with 1 part by
weight ethylenebis (dithiocarbamic
acid) bimolecular and trimolecular
cyclic anhydrosulfides and disulfides],
including its metabolites and
degradates, in or on the commodities in
the table in this paragraph. Compliance
with the tolerance levels specified in
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[CMS–2291–P]
RIN 0938–AP53
Children’s Health Insurance Program
(CHIP); Allotment Methodology and
States’ Fiscal Year 2009 CHIP
Allotments
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Proposed rule.
SUMMARY: This proposed rule describes
the implementation of certain funding
provisions under title XXI of the Social
Security Act (the Act), the Children’s
Health Insurance Program (CHIP), as
amended by the Children’s Health
Insurance Program Reauthorization Act
of 2009 (CHIPRA), by the Medicare,
Medicaid, and SCHIP Extension Act of
2007 (MMSEA), and by other related
CHIP legislation. Specifically, this
proposed rule addresses methodologies
and procedures for determining States’
FY 2009 through FY 2013 allotments
and payments in accordance with
sections 2104 and 2105 of the Act, as
amended by CHIPRA.
DATES: To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. eastern standard time (e.s.t.)
on November 16, 2009.
ADDRESSES: In commenting, please refer
to file code CMS–2291–P. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
E:\FR\FM\16SEP1.SGM
16SEP1
Agencies
[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Proposed Rules]
[Pages 47507-47517]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22302]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2009-0431; FRL-8431-4]
Mancozeb, Maneb, Metiram, and Thiram; Proposed Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to revoke certain tolerances for the
fungicides mancozeb and maneb. Also, EPA is proposing to modify certain
tolerances for the fungicides mancozeb, maneb, metiram, and thiram. In
addition, EPA is proposing to establish new tolerances for the
fungicides mancozeb, maneb, and metiram. 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 tolerance reassessment program under the
Federal Food, Drug, and Cosmetic Act (FFDCA), section 408(q).
DATES: Comments must be received on or before November 16, 2009.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0431, 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 Facility'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 Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2009-0431. 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 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 at https://www.regulations.gov. 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.
FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave, NW., Washington, DC 20460-
0001; telephone number: (703) 308-8037; e-mail address:
nevola.joseph@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
[[Page 47508]]
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 timeframes 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 proposed rule, 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, modify, and establish specific
tolerances for residues of the fungicides mancozeb, maneb, metiram, and
thiram in or on 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 FFDCA. 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 number: 1-800-490-
9198; fax number: 1-513-489-8695; Internet at https://www.epa.gov/ncepihom and from the National Technical Information Service (NTIS),
5285 Port Royal Rd., Springfield, VA 22161; telephone number: 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 in public
dockets; REDs for mancozeb (EPA-HQ-OPP-2005-0176), maneb (EPA-HQ-OPP-
2005-0178), metiram (EPA-HQ-OPP-2005-0177), and thiram (EPA-HQ-OPP-
2004-0183), at https://www.regulations.gov and also 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, provided that the tolerance is safe. 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.
2. The tolerance remains safe, notwithstanding 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 U.S. general population, and safety for infants and children. In
particular,
[[Page 47509]]
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 and
exemptions and/or establishments of tolerances and exemptions for
mancozeb, maneb, metiram, and thiram 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 for mancozeb, maneb, and metiram can be found under their
respective public docket ID numbers, identified in Unit II.A.
Electronic copies of support documents for thiram are available in
public docket EPA-HQ-OPP-2004-0183. An electronic copy of the Residue
Chemistry Chapter for thiram is available in the public docket for this
proposed rule. Electronic copies are available through EPA's electronic
public docket and comment system, regulations.gov at https://www.regulations.gov. You may search for this proposed rule under docket
ID number EPA-HQ-OPP-2009-0431, then click on that docket ID 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; i.e., 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 FFDCA section 408(b)(2)(C). (Note that changes to tolerance
nomenclature do not constitute modifications of tolerances). These
findings are discussed in detail in each RED or TRED. 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. Those instances where
registrations were canceled were 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 legally treated domestic
commodities.
1. Mancozeb. Currently, tolerances for mancozeb are established in
40 CFR 180.176(a) for residues of the fungicide mancozeb, a
coordination product of zinc ion and maneb (manganese
ethylenebisdithiocarbamate) and calculated as zinc
ethylenebisdithiocarbamate (zineb). Mancozeb is a member of the class
of dithiocarbamates, whose decomposition releases carbon disulfide
(CS2). In order to allow harmonization of U.S. tolerances with Codex
Maximum Residue Limits (MRLs), the Agency determined that for the
purpose of tolerance enforcement, residues of mancozeb should be
calculated as carbon disulfide. Therefore, EPA is proposing to revise
the introductory text containing the tolerance expression in 40 CFR
180.176(a) to read as follows:
Tolerances are established for residues of mancozeb (a
coordination product of zinc ion and maneb (manganese
ethylenebisdithiocarbamate)), including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is
to be determined by measuring only those mancozeb residues
convertible to and expressed in terms of the degradate carbon
disulfide.
Also, the Agency determined that the change in tolerance expression
should also apply to the other dithiocarbamates that are determined by
the carbon disulfide common moiety and have current tolerances. (That
document is available in the docket for this proposed rule). Currently,
according to 40 CFR 180.3(d)(5), total dithiocarbamate residue on the
same raw agricultural commodity shall not exceed that permitted by the
highest tolerance for any one member of the class, calculated as zinc
ethylenebisdithiocarbamate (zineb). Therefore, in the interim, until
all tolerance expressions can be changed for dithiocarbamates with the
carbon disulfide moiety and current tolerances, EPA is proposing to
revise the text in 40 CFR 180.3(d)(5) by adding carbon disulfide as
part of the calculated residues, to read as follows:
Where tolerances are established for more than one member of the
class of dithiocarbamates listed in paragraph (e)(3) of this section
on the same raw agricultural commodity, the total residue of such
pesticides shall not exceed that permitted by the highest tolerance
established for any one member of the class, calculated as zinc
ethylenebisdithiocarbamate and carbon disulfide.
Oat bran is no longer considered to be a significant food/feed item
by the Agency, and therefore is no longer regulated as a commodity 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
at https://www.epa.gov/opptsfrs/home/guidelin.htm; consequently, the
Agency has determined that the tolerance for mancozeb on oat, bran at
20 ppm is no longer needed. Therefore, EPA is proposing to revoke the
tolerance in 40 CFR 180.176(a) on oat, bran.
Based on available field trial data that showed mancozeb residues
on apples as high as 0.55 parts per million (ppm) and on pears as high
as 0.13 ppm (for a pre-bloom treatment schedule), and 0.65 ppm (for an
extended treatment schedule), EPA determined that the tolerances should
be decreased from 7.0 ppm and 10.0 ppm, respectively, to 1 ppm, which
when converted to carbon disulfide equivalents using a rounded
conversion factor of 0.6X (based on relative molecular weights) is
calculated as 0.6 ppm. The Agency determined that data for apple should
be translated to crabapple because the registered use patterns
(application method, maximal single application rate, maximal seasonal
rate, and preharvest interval) associated with given formulations for
mancozeb are identical for crabapple and apple, and data for pear
should be translated to quince because the registered use patterns
associated with given formulations for mancozeb are identical for
quince and pear, and therefore the tolerances on crabapple and quince
should each be decreased from 10.0 ppm to 0.6 ppm. Consequently, EPA is
proposing to decrease the tolerances in 40 CFR 180.176(a) on apple,
crabapple, pear, and quince, each to 0.6 ppm.
Based on available field trial data that showed mancozeb residues
as high as
[[Page 47510]]
1.0 ppm in or on bananas harvested 0 days following the last foliar
application at 1.3X the maximum single application rate and for bagged
and unbagged bananas as high as 0.13 ppm and 1.18 ppm, respectively, on
whole banana fruit including peel harvested 0 days following the last
foliar application at 1X the maximum single application rate, and to
harmonize with a Codex MRL of 2 expressed as milligrams (mg) carbon
disulfide/kilogram (kg) for dithiocarbamates, EPA determined that the
tolerance should be decreased from 4.0 ppm to 2 ppm. Therefore, EPA is
proposing to decrease the tolerance in 40 CFR 180.176(a) on banana to 2
ppm. In addition, because banana pulp is covered by the tolerance for
banana at the proposed level, a separate tolerance for the obsolete
commodity term banana, pulp is no longer needed and should be revoked.
Consequently, EPA is proposing to revoke the tolerance in 40 CFR
180.176(a) on banana, pulp.
Based on available field trial data that showed mancozeb residues
as high as 1.5 ppm and 99.5 ppm for sugar beet roots and tops,
respectively, EPA determined that tolerances should be set at 2 ppm and
100 ppm, respectively, which when converted to carbon disulfide
equivalents using a rounded conversion factor of 0.6X are calculated as
1.2 ppm and 60 ppm, respectively. Also, based on available processing
data that showed mancozeb residues concentrated 3X in sugar beet dried
pulp and a highest average field trial (HAFT) of <1.529 ppm, the Agency
expected residues as high as 4.59 ppm, the Agency determined that a
tolerance should be established at 5.0 ppm, which when converted to
carbon disulfide is calculated at 3.0 ppm. Therefore, EPA is proposing
to decrease the tolerances in 40 CFR 180.176(a) on beet, sugar, roots
to 1.2 ppm and beet, sugar, tops to 60 ppm, and establish a tolerance
on beet, sugar, dried pulp at 3.0 ppm.
Based on available field trial data that showed mancozeb residues
as high as 6.72 ppm on cranberry, the Agency determined that the
tolerance should be set at 7 ppm, which when converted to carbon
disulfide equivalents using a rounded conversion factor of 0.6X, and to
harmonize with a Codex MRL of 5 expressed as mg carbon disulfide/kg for
dithiocarbamates, is calculated as 5 ppm. Therefore, EPA is proposing
to decrease the tolerance in 40 CFR 180.176(a) on cranberry to 5 ppm.
Based on available field trial data that showed mancozeb residues
as high as 2.1 ppm on cucumber, 4.7 ppm on melons treated at 1.3X
(expect 3.6 ppm at 1X), and 1.75 ppm on summer squash, the Agency
determined that individual tolerances should be set at 3.0 ppm, 4.0
ppm, and 2 ppm, respectively, which when converted to carbon disulfide
equivalents using a rounded conversion factor of 0.6X is calculated as
1.8 ppm, 2.2 ppm and 1.2 ppm, respectively. Because the representatives
for crop group 9 include cucumber, muskmelon, and summer squash, EPA
believes that these tolerances should be combined into a single crop
group tolerance and decreased from their current individual tolerance
levels of 4 ppm to 2 ppm. Consequently, EPA is proposing to decrease
the tolerances in 40 CFR 180.176(a) on cucumber, melon, and squash,
summer to 2 ppm and combine them into the group tolerance termed
vegetable, cucurbit, group 9.
Based on available field trial data that showed mancozeb residues
as high as 57.4 ppm for field corn forage, 15.2 ppm for field corn
stover, 87.5 ppm for sweet corn forage, 59.3 ppm for sweet corn stover,
and translation of sweet corn stover data to pop corn stover, EPA
determined that tolerances should be increased from 5 ppm each to 65
ppm, 20 ppm, 120 ppm, 70 ppm, and 70 ppm, respectively, which when
converted to carbon disulfide equivalents using a rounded conversion
factor of 0.6X is calculated as 40 ppm, 15 ppm, 70 ppm, 40 ppm, and 40
ppm, respectively. (The Agency also determined that mancozeb
registrations for corn use should remove existing feeding/grazing
restrictions for all types of corn). Therefore, EPA is proposing to
revise the terminology of tolerances in 40 CFR 180.176(a) for corn,
forage to corn, field, forage and corn, sweet, forage; and corn, stover
to corn, field, stover; corn, pop, stover; and corn, sweet, stover; and
to increase corn, field, forage to 40 ppm, corn, field, stover to 15
ppm, corn, sweet, forage to 70 ppm; corn, pop, stover to 40 ppm; and
corn, sweet, stover to 40 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 showed mancozeb residues
at <0.05 ppm on sweet corn (kernel plus cob with husks removed), the
Agency determined that the tolerance should be decreased from 0.5 ppm
to 0.1 ppm in order to harmonize with a Codex MRL of 0.1 expressed as
mg carbon disulfide/kg for dithiocarbamates. Also, the Agency
determined that the data for sweet corn can be translated to popcorn
grain, and therefore the tolerance for popcorn grain should be
decreased from 0.5 ppm to 0.1 ppm, which after conversion is calculated
as 0.06 ppm. Therefore, EPA is proposing to decrease the tolerances in
40 CFR 180.176(a) on corn, pop, grain to 0.06 ppm and corn, sweet,
kernel plus cob with husks removed to 0.1 ppm.
Based on available field trial data that showed mancozeb residues
as high as 1.79 ppm for dry bulb onions, EPA determined that the
tolerance should be increased from 0.5 ppm to 2.0 ppm, which when
converted to carbon disulfide equivalents using a rounded conversion
factor of 0.6X is calculated as 1.5 ppm. Therefore, EPA is proposing to
increase the tolerance in 40 CFR 180.176(a) on onion, bulb to 1.5 ppm.
The Agency determined that the increased tolerance is 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 for sorghum seed treatment at
1.1-1.2X the maximum rate that showed mancozeb residues as high as 0.32
ppm in or on grain and 0.12 ppm in or on straw, EPA determined that
tolerances should be established at 0.4 ppm for grain, 0.2 ppm for
stover, and because the data on straw could be translated to forage,
0.2 ppm for forage, which when converted to carbon disulfide
equivalents using a rounded conversion factor of 0.6X are calculated as
0.25 ppm, 0.15 ppm, and 0.15 ppm, respectively. Therefore, EPA is
proposing to establish tolerances in 40 CFR 180.176(a) on sorghum,
grain, grain at 0.25 ppm, sorghum, grain, forage at 0.15 ppm, and
sorghum, grain, stover at 0.15 ppm.
Based on available field trial data for flax seed treatment at 0.7-
0.8X the maximum rate that showed mancozeb residues as high as 0.13 ppm
in or on flax grain, EPA determined that a tolerance should be
established at 0.2 ppm for flax seed, which when converted to carbon
disulfide equivalents using a rounded conversion factor of 0.6X is
calculated as 0.15 ppm. Therefore, EPA is proposing to establish a
tolerance in 40 CFR 180.176(a) on flax, seed at 0.15 ppm.
Based on available field trial data for rice seed treatment at 1.2-
1.3X the maximum rate that showed mancozeb residues as high as <0.05
ppm (non-detectable) in or on rice grain and 0.15 ppm in or on rice
straw, EPA determined that tolerances should be established at 0.1 ppm
for rice grain and 0.2 ppm for rice straw, which when converted to
carbon disulfide equivalents using a rounded conversion factor of 0.6X
are calculated as 0.06 ppm and 0.15 ppm, respectively. Therefore, EPA
is proposing to establish tolerances in 40 CFR 180.176(a) on rice,
grain at 0.06 ppm and rice, straw at 0.15 ppm.
[[Page 47511]]
Based on available field trial data at 1X the maximum rate that
showed mancozeb residues as high as 0.017 ppm in or on peanut nutmeat
and 1.5X the maximum rate that showed mancozeb residues as high as 5.1
ppm in or on tomatoes, EPA determined that the tolerance on peanut
should be decreased from 0.5 ppm to 0.1 ppm and the tolerance on tomato
should remain at 4 ppm, which when converted to carbon disulfide
equivalents using a rounded conversion factor of 0.6X are calculated as
0.1 ppm (unchanged, but in harmony with Codex MRL of 0.1 expressed as
mg carbon disulfide/kg for dithiocarbamates) and 2.5 ppm, respectively.
Therefore, EPA is proposing to decrease the tolerances in 40 CFR
180.176(a) on peanut to 0.1 ppm and tomato to 2.5 ppm.
On March 2, 1992 (57 FR 7484) (FRL-4045-8), EPA published a
Conclusion of the Special Review for Ethylene bisdithiocarbamates
(EBDCs PD4), and among its actions, the Agency disallowed mancozeb use
on carrots and celery. However, the Mancozeb Task Force requested the
reinstatement of mancozeb use on carrots grown in FL, MI, and WI, and
celery grown in FL. The available data showed mancozeb residues applied
at 1X the maximum proposed single and seasonal rate were as high as
0.709 ppm on carrots. EPA determined that the data for carrots are
sufficient to support a regional tolerance and the tolerance should be
redesignated from 180.176(a) to 180.176(c), and after conversion to
carbon disulfide equivalents, should be decreased from 2 ppm to 1 ppm.
Also, the available data showed mancozeb residues applied at 2X the
maximum proposed seasonal rate were as high as 2.19 ppm on celery. The
Agency concluded that the submitted data are not fully adequate because
the field trials were conducted at 2X the maximum proposed seasonal
rate, and as a condition for full registration recommended the
submission of additional field trials at 1X and 2X rates in each FL
trial location. However, there have been no active registrations in the
United States for mancozeb use on celery since 1992, and therefore, the
celery tolerance is no longer needed and should be revoked.
Consequently, EPA is proposing to revoke the mancozeb tolerance on
celery in 40 CFR 180.176(a) and redesignate the tolerance on carrot,
roots from 40 CFR 180.176(a) to (c), and decrease it to 1 ppm. In
addition, because that section is currently reserved, EPA is proposing
to add introductory text for the tolerance expression in 40 CFR
180.176(c) to read as follows:
A tolerance with regional registrations is established for
residues of the fungicide mancozeb, (a coordination product of zinc
ion and maneb (manganese ethylenebisdithiocarbamate)), including its
metabolites and degradates, in or on the commodity in the table in
this paragraph. Compliance with the tolerance levels specified in
this paragraph is to be determined by measuring only those mancozeb
residues convertible to and expressed in terms of the degradate
carbon disulfide.
Because data for celery treated with 7 to 17 foliar applications of
mancozeb at 1X the maximum single application rate harvested at 14 days
following the last application are available, EPA determined that the
data can be translated to fennel, and no additional residue data for
fennel, a very minor crop use, are required. Based on the data
translated from celery, the Agency determined that the tolerance for
fennel should be decreased from 10 ppm to 4 ppm, which when converted
to carbon disulfide equivalents, is calculated as 2.5 ppm. Therefore,
EPA is proposing to decrease the tolerance in 40 CFR 180.176(a) on
fennel to 2.5 ppm.
Based on available field trial data at 1X the maximum single and
0.8X the maximum seasonal application rate that showed mancozeb
residues as high as 1.83 ppm in or on grapes, EPA determined that the
tolerance on grape should be decreased from 7 ppm to 2 ppm, which when
converted to carbon disulfide equivalents using a rounded conversion
factor of 0.6X are calculated as 1.5 ppm. Therefore, EPA is proposing
to decrease the tolerance in 40 CFR 180.176(a) on grape to 1.5 ppm.
Based on available field trial data that showed mancozeb residues
as high as 0.2 ppm in or on potatoes, EPA determined that there are now
sufficient data to reassign the tolerance on potato from interim to
permanent and that it should be decreased from 1.0 ppm to 0.2 ppm when
converted to carbon disulfide equivalents. Therefore, EPA is proposing
to revoke the interim tolerance in 40 CFR 180.319 for residues of the
coordination product of zinc ion and maneb (mancozeb) in or on potato
at 1.0 ppm (calculated as zinc ethylenebisdithiocarbamate) and
establish a tolerance in 40 CFR 180.176(a) for residues of mancozeb
(calculated as carbon disulfide) on potato at 0.2 ppm.
In addition, EPA is proposing to revise commodity terminology to
conform to current Agency practice in 40 CFR 180.176(a) as follows:
``asparagus (negligible residue)'' to ``asparagus''; ``barley, milled
feed fractions'' to ``barley, bran,'' ``barley, flour,'' and ``barley,
pearled barley''; ``kidney'' to ``cattle, kidney,'' ``goat, kidney,''
``hog, kidney,'' ``horse, kidney,'' ``poultry, kidney,'' and ``sheep,
kidney''; ``liver'' to ``cattle, liver,'' ``goat, liver,'' ``hog,
liver,'' ``horse, liver,'' ``poultry, liver,'' and ``sheep, liver'';
``papaya (whole fruit with no residue present in the edible pulp after
the peel is removed and discarded)'' to ``papaya''; ``oat, milled feed
fractions'' to ``oat, flour'' and ``oat, groats/rolled oats''; ``wheat,
milled byproducts'' to ``wheat, bran,'' ``wheat, flour,'' ``wheat,
germ,'' ``wheat, middlings,'' and ``wheat, shorts.''
In the mancozeb RED, certain plant commodity tolerances are
recommended to be decreased concomitant with product label changes to
their use patterns. No mitigation is required to address either acute
or chronic dietary risks from food alone. Acute dietary exposure from
food alone are below the Agency's level of concern at the 99.9th
percentile of exposure; i.e., exposure is <1% of the Acute Population
Adjusted Dose (aPAD) for females 13-49 years old, the most highly
exposed population subgroup. Chronic dietary exposure from food alone
are below the Agency's level of concern; i.e., exposure is <1% of the
Chronic Population Adjusted Dose (cPAD) for the U.S. population and all
population subgroups, including children 1-2 years old, the most highly
exposed population subgroup. However, because the Agency is still in
the process of obtaining the needed amended mancozeb product labels,
their associated plant tolerances will not be proposed to be decreased
at this time. The RED for mancozeb recommended a decrease in the
tolerance for field corn grain (from 0.1 ppm to 0.06 ppm) contingent
upon limiting use of mancozeb on hybrid seed corn type only. However,
the Agency has not yet verified that all active mancozeb registrations
for field corn grain are limited to hybrid seed corn type only.
Therefore, EPA will not propose action on the tolerance in 40 CFR
180.176(a) for corn, field, grain at this time. In addition, except for
the tolerance on oat bran which was recommended for revocation, the RED
for mancozeb recommended tolerance reassessment actions for papaya and
the grains, milled feed fractions, and straw of barley, oat, rye, and
wheat that are contingent upon label revisions. However, the Agency has
not yet verified that all mancozeb registrations for them have been
revised. Therefore, EPA will not propose action on the
[[Page 47512]]
tolerances in 40 CFR 180.176(a) for barley, grain; barley, straw; oat,
grain; oat, straw; rye, grain; rye, straw; and wheat, grain at this
time. With the exception of proposing to revise the tolerance
nomenclatures for papaya (whole fruit with no residue present in the
edible pulp after the peel is removed and discarded) and the milling
feed fractions of barley, oat, and wheat, as described herein, no other
action will be taken on them in 40 CFR 180.176(a) at this time. Also,
although the Agency determined that the available processing data for
wheat bran and flour may be translated to barley bran and flour,
bridging processing data on pearled barley are still required. When
appropriate mancozeb product label changes for specific plant commodity
uses are provided to and approved by the Agency, EPA expects to follow
up and propose the recommended tolerance decreases in a future
publication in the Federal Register. Also, the Mancozeb Task Force
requested removal of the foliar use on cotton and EPA has determined
that use of mancozeb as a seed treatment on cottonseed is a non-food
use (document available in the docket for this proposed rule). However,
the Agency has not yet verified that all active mancozeb registrations
for cotton do not have a foliar use on cotton. Therefore, EPA will not
propose action on the tolerance in 40 CFR 180.176(a) for cotton,
undelinted seed at this time.
There are MRLs for dithiocarbamates which are determined as carbon
disulfide mg/kg. The tolerance definition for mancozeb proposed herein
would be harmonized with that for Codex MRLs with respect to residue
determination as carbon disulfide. However, the Codex limits are listed
for total dithiocarbamates, which also include dithiocarbamates other
than mancozeb.
2. Maneb. Currently, tolerances for maneb are established in 40 CFR
180.110(a) for residues of the fungicide maneb (manganese
ethylenebisdithiocarbamate), calculated as zinc
ethylenebisdithiocarbamate. Maneb is a member of the class of
dithiocarbamates, whose decomposition releases a common moiety, carbon
disulfide (CS2). In order to allow harmonization of U.S. tolerances
with Codex MRLs, the Agency determined that for the purpose of
tolerance enforcement, residues of maneb should be calculated as carbon
disulfide. Therefore, EPA is proposing to revise the introductory text
containing the tolerance expression in 40 CFR 180.110(a) to read as
follows:
Tolerances are established for residues of maneb (manganese
ethylenebisdithiocarbamate), including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is
to be determined by measuring only those maneb residues convertible
to and expressed in terms of the degradate carbon disulfide.
Maneb use on certain crops were disallowed for reregistration by
EPA, as announced in a notice published in the Federal Register of
March 2, 1992 (57 FR 7484) (FRL-4045-8). In that notice, the Agency
announced its conclusion of Special Review (PD4) regarding ethylene
bisdithiocarbamates (EBDCs), including maneb, and its intent to cancel
any EBDC product registrations bearing food uses that included, among
others, apricots, succulent beans, carrots, celery, nectarines, and
peaches. There have been no U.S. registrations for maneb use associated
with apricots, succulent beans, nectarines, and peaches since 1992, and
carrots and celery since 1994. Therefore, the maneb tolerances on these
commodities are no longer needed and should be revoked. Consequently,
EPA is proposing to revoke the tolerances in 40 CFR 180.110(a) for
maneb residues of concern in or on apricot; bean, succulent; carrot,
roots; celery; nectarine; and peach.
Based on available field trial data that showed maneb residues as
high as <4.0 ppm for dry beans, 10.0 ppm for broccoli, <4.0 ppm for
cucumber, <4.0 ppm for tomato, and calculation of 2.93 ppm for melon at
1X (based on maneb residues as high as of 4.39 ppm for melon treated at
1.5X), EPA determined that the tolerances should be decreased for dry
beans from 7 ppm to 4 ppm, maintained for broccoli at 10 ppm,
maintained for both cucumber and tomato at 4 ppm, and maintained for
melon at 4 ppm, which when converted to carbon disulfide equivalents
using a rounded conversion factor of 0.6X are calculated as 2.5 ppm, 6
ppm, 2 ppm, 2.5 ppm, and 3 ppm, respectively. In addition, the Agency
determined that the broccoli data could be translated to Brussels
sprouts, cauliflower, and kohlrabi, and that the tolerances on Brussels
sprouts, cauliflower, and kohlrabi should, after conversion, be
decreased from 10 ppm to 6 ppm. Also, the Agency determined that the
melon data could be translated to pumpkin and winter squash, and that
the tolerances on pumpkin and winter squash should, after conversion,
be decreased from 7 ppm to 3 ppm and 4 ppm to 3 ppm, respectively.
Moreover, the Agency determined that the cucumber data could be
translated to summer squash, and that the tolerance on summer squash,
after conversion, be decreased from 4 to 2 ppm. Furthermore, the Agency
determined that the tomato data could be translated to eggplant, and
that the tolerance on eggplant, after conversion, be decreased from 7
ppm to 2.5 ppm. Therefore, EPA is proposing to decrease the tolerances
in 40 CFR 180.110(a) on bean, dry, seed to 2.5 ppm, broccoli to 6 ppm,
Brussels sprouts to 6 ppm, cauliflower to 6 ppm, cucumber to 2 ppm,
eggplant to 2.5 ppm, kohlrabi to 6 ppm, melon to 3 ppm, pumpkin to 3
ppm, squash, summer to 2 ppm, squash, winter to 3 ppm, and tomato to
2.5 ppm.
Geographic representation of data for green onion was incomplete
and not conducted according to the maximum registered use pattern.
However, based on available field trial data for dry bulb onion that
showed maneb residues of concern as high as 10.1 ppm (in or on one
sample harvested 7 days following treatments at 0.5-0.8X the maximal
seasonal rate), the Agency determined that the current tolerance for
onion should be separated into onion, bulb and onion, green, and that
the tolerance on onion, bulb should be increased from 7 ppm to
approximately 10.1 ppm, but which after the 0.6X conversion to carbon
disulfide, should be decreased to 6 ppm. Therefore, EPA is revising the
tolerance in 40 CFR 180.110(a) on onion into onion, green and onion,
bulb, and decreasing the tolerance on onion, bulb to 6 ppm, maintaining
the tolerance on onion, green at 7 ppm at this time, while reiterating
that additional data are required for green onions.
Based on available field trial data that showed maneb residues of
concern as high as 36.8 ppm on untrimmed cabbage at 1.2X the seasonal
rate allowed by PD4, the Agency determined that the tolerance for
cabbage should be increased from the current level of 10 ppm, which
after a 0.6X conversion to carbon disulfide is 21 ppm. Therefore, EPA
is proposing to increase the tolerance in 40 CFR 180.110(a) for cabbage
to 21 ppm. The Agency determined that the increased tolerance is 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 showed maneb residues of
concern as high as 154 ppm, the Agency determined that the tolerance
for sugar beet tops should be increased from 45 to 200 ppm, which after
a 0.6X conversion to carbon disulfide is 120 ppm. Also, based on
available field trial data that showed maneb residues of concern as
high as 1.72 ppm, the
[[Page 47513]]
Agency determined that a tolerance should be established on sugar beet
roots at 2 ppm, which after a 0.6X conversion to carbon disulfide is
1.2 ppm. In addition, based on available processing data that showed a
concentration factor of 2X for dried pulp, and a HAFT of 1.72 ppm for
sugar beet roots, EPA determined that the expected maneb residues of
concern in dried sugar beet pulp are 3.44 ppm, which is greater than
the reassessed tolerance for sugar beet roots of 2.0 ppm, and therefore
a tolerance should be established for dried sugar beet pulp at 4 ppm,
which after a 0.6X conversion to carbon disulfide is 2.5 ppm.
Consequently, EPA is proposing to establish tolerances in 40 CFR
180.110(a) for beet, sugar, roots at 1.2 ppm and beet, sugar, dried
pulp at 2.5 ppm, and increase the tolerance in 40 CFR 180.110(a) for
beet, sugar, tops to 120 ppm. The Agency determined that the increased
tolerance is safe; i.e., there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue.
Based on available poultry and ruminant metabolism data, the Agency
determined that tolerances should be established on livestock
commodities at the limit of quantitation of the analytical method.
Therefore, EPA is proposing to establish tolerances in 40 CFR
180.110(a) on 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; poultry,
fat; poultry, meat; poultry, meat byproducts; sheep, fat; sheep, meat;
sheep, meat byproducts; egg; and milk; each at 0.02 ppm.
In addition, EPA is proposing to revise commodity terminology to
conform to current Agency practice in 40 CFR 180.110(a) as follows:
``banana (not more than 0.5 parts per million) shall be in the pulp
after peel is removed and discarded (preharvest application only)'' to
``banana, preharvest''; and ``cabbage, chinese'' to ``cabbage, chinese,
bok choy'' and ``cabbage, chinese, napa.''
Although the RED for maneb recommended tolerance revocation based
on requests for voluntary cancellation of registrations associated with
certain commodities, EPA is still in the process of verifying whether
active registrations currently exist for them and therefore will not
propose action on tolerances for apple; fig; grape; corn, sweet, kernel
plus cob with husks removed; or turnip, roots at this time.
There are Codex MRLs for dithiocarbamates which are determined as
carbon disulfide mg/kg. The tolerance definition for maneb proposed
herein would be harmonized with that for Codex MRLs with respect to
residue determination as carbon disulfide. However, the Codex limits
are listed for total dithiocarbamates, which also include
dithiocarbamates other than maneb.
3. Metiram. Currently, tolerances for metiram are established in 40
CFR 180.217(a) for residues of the fungicide metiram, a mixture of 5.2
parts by weight of ammoniates of (ethylenebis (dithiocarbamato)) zinc
with 1 part by weight ethylenebis (dithiocarbamic acid) bimolecular and
trimolecular cyclic anhydrosulfides and disulfides, calculated as zinc
ethylenebisdithiocarbamate. Metiram is a member of the class of
dithiocarbamates, whose decomposition releases a common moiety, carbon
disulfide (CS2). In order to allow harmonization of U.S. tolerances
with Codex MRLs, the Agency determined that for the purpose of
tolerance enforcement, residues of metiram should be calculated as
carbon disulfide. Therefore, EPA is proposing to revise the section
heading from its chemical name to metiram and also revise the
introductory text containing the tolerance expression in 40 CFR
180.217(a) to read as follows:
Tolerances are established for residues of metiram (a mixture of
5.2 parts by weight of ammoniates of (ethylenebis (dithiocarbamato))
zinc with 1 part by weight ethylenebis (dithiocarbamic acid)
bimolecular and trimolecular cyclic anhydrosulfides and disulfides),
including its metabolites and degradates, in or on the commodities
in the table in this paragraph. Compliance with the tolerance levels
specified in this paragraph is to be determined by measuring only
those metiram residues convertible to and expressed in terms of the
degradate carbon disulfide.
Also, EPA is proposing in 40 CFR 180.217 to revise the section
heading from the chemical name ``ammoniates of [ethylenebis
(dithiocarbamato)] zinc and ethylenebis [dithiocarbamic acid]
bimolecular and trimolecular cyclic anhydrosulfides and disulfides'' to
``metiram.''
Based on available field trial data that showed combined metiram
residues of concern as high as <0.53 ppm in or on apples, and <0.03 ppm
in or on potatoes, the Agency determined that tolerances should be
decreased, which when converted to carbon disulfide equivalents using a
rounded conversion factor of 0.6X, should be decreased from 2.0 ppm to
0.5 ppm for apple and from 0.5 ppm to 0.2 ppm for potato. Therefore,
EPA is proposing to decrease tolerances in 40 CFR 180.217(a) on apple
to 0.5 ppm and on potato to 0.2 ppm.
Based on available processing data that showed metiram residues of
concern concentrated 5X in wet apple pomace and a HAFT of 0.53 ppm, the
Agency expected residues as high as 2.65 ppm, and the Agency determined
that a tolerance should be established, which when converted to carbon
disulfide is calculated at 2 ppm. Therefore, EPA is proposing to
establish a tolerance in 40 CFR 180.217(a) on apple, wet pomace at 2
ppm.
There are Codex MRLs for dithiocarbamates which are determined as
carbon disulfide mg/kg. The tolerance definition for metiram proposed
herein would be harmonized with that for Codex MRLs with respect to
residue determination as carbon disulfide. However, the Codex limits
are listed for total dithiocarbamates, which also include
dithiocarbamates other than metiram.
4. Thiram. Currently, tolerances for thiram are established in 40
CFR 180.132(a) for residues of the fungicide thiram (tetramethyl
thiuram disulfide). Thiram is a member of the class of
dithiocarbamates, whose decomposition releases a common moiety, carbon
disulfide (CS2). In order to allow harmonization of U.S. tolerances
with Codex MRLs, the Agency determined that for the purpose of
tolerance enforcement, residues of thiram should be calculated as
carbon disulfide. Therefore, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.132(a) to read as follows:
Tolerances are established for residues of thiram, tetramethyl
thiuram disulfide, including its metabolites and degradates, in or
on the commodities in the table in this paragraph. Compliance with
the tolerance levels specified in this paragraph is to be determined
by measuring only those thiram residues convertible to and expressed
in terms of the degradate carbon disulfide.
In the Federal Register of September 12, 2008 (73 FR 53007) (FRL-
8380-7), EPA issued a notice regarding EPA's announcement of the
receipt of requests from registrants to voluntarily cancel certain
pesticide registrations, including cancellation of the last apple use
from thiram registrations. EPA approved the cancellation for the thiram
registration with the last apple use and made it effective on March 11,
2009, and permitted the registrant to sell and distribute product under
the previously approved labeling until September 11, 2009. The Agency
believes that end users will have had sufficient time to exhaust
existing stocks and for thiram-treated apple commodities to have
[[Page 47514]]
cleared the channels of trade by September 11, 2010. Also, based on
available field trial data that showed thiram residues of concern as
high as 8.65 ppm on apples, the Agency determined that the tolerance
for apple should be 9 ppm, but which after a 0.6X conversion to carbon
disulfide is determined by the Agency to be appropriate at 6.0 ppm.
Therefore, during the interim period prior to its expiration, the
tolerance should be decreased from 7.0 ppm to 6.0 ppm. Consequently,
EPA is proposing to revoke the tolerance in 40 CFR 180.132(a) for apple
with an expiration/revocation date of September 11, 2010, and decrease
the tolerance level to 6.0 ppm.
Based on available field trial data that showed thiram residues of
concern at <9 ppm on strawberries, the Agency determined that the
tolerance for strawberry should be 9 ppm, but which after a 0.6X
conversion to carbon disulfide is determined by the Agency to be
appropriate at 6.0 ppm. Therefore, EPA is proposing to decrease the
tolerance in 40 CFR 180.132(a) on strawberry to 6.0 ppm.
There are Codex MRLs for dithiocarbamates which are determined as
carbon disulfide mg/kg. The tolerance definition for thiram proposed
herein would be harmonized with that for Codex MRLs with respect to
residue determination as carbon disulfide. However, the Codex limits
are listed for total dithiocarbamates, which also include
dithiocarbamates other than thiram.
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 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 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 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 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 REDs for mancozeb, maneb, metiram, and thiram. REDs
and TREDs contain the Agency's evaluation of the database 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
FFDCA 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
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 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
[[Page 47515]]
products (for example, grain or hay) containing pesticide 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.
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)).
C. When Do These Actions Become Effective?
With the exception of the thiram tolerance for apple for which EPA
is proposing a specific expiration/revocation date, the Agency is
proposing that the actions herein become effective on the date of
publication of the final rule in the Federal Register. With the
exception of the proposed revocation of the thiram tolerance for apple,
tolerances that are considered by EPA to no longer be significant food/
feed items, and tolerances whose commodity use is covered by another
tolerance, the Agency believes that existing stocks of pesticide
products labeled for the uses associated with the tolerances proposed
for revocation in this document have been completely exhausted and that
treated commodities have cleared the channels of trade. EPA is
proposing an expiration/revocation date of September 11, 2010, for the
thiram tolerance for apple. The Agency believes that this revocation
date allows users to exhaust stocks and allows sufficient time for
passage of treated commodities 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 Unit I.B.
Any commodities listed in this proposed rule 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 unit, 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 tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates when the
pesticide was applied to such food.
III. Are the Proposed Actions Consistent with International
Obligations?
The tolerance actions in this proposed rule are not discriminatory
and are designed to ensure that both domestically produced and imported
foods meet the food safety standards established by 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
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), and 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 is not subject to Executive Order
13211, entitled 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