Propylene Glycol Monomethyl Ether; Exemption from the Requirement of a Tolerance, 54248-54252 [2015-22030]
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§ 180.532 Cyprodinil; tolerances for
residues.
(a) * * *
Parts per
million
Commodity
Acerola ........................................
1.5
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Artichoke, globe ..........................
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Feijoa ..........................................
*
*
*
*
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Fruit, stone, group 12–12 ...........
*
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Guava .........................................
*
*
*
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Jaboticaba ..................................
*
*
*
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Passionfruit .................................
*
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Pomegranate ..............................
*
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Starfruit .......................................
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Wax jambu ..................................
*
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4.0
1.5
2.0
1.5
1.5
1.5
10
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*
[FR Doc. 2015–22031 Filed 9–8–15; 8:45 am]
BILLING CODE 6560–50–P
requests for hearings must be received
on or before November 9, 2015, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2015–0143, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
I. General Information
40 CFR Part 180
A. Does this action apply to me?
[EPA–HQ–OPP–2015–0143; FRL–9932–06]
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
Propylene Glycol Monomethyl Ether;
Exemption from the Requirement of a
Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of propylene
glycol monomethyl ether (PGME; CAS
No. 107–98–2) when used as an inert
ingredient under 40 CFR 180.910 as a
solvent in pesticide formulations which
include pre-and post–harvest use on
crops. Syngenta Crop Protection
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting establishment of an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of PGME.
DATES: This regulation is effective
September 9, 2015. Objections and
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SUMMARY:
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• Crop production (NAICS code 111).
• Animal production (NAICS code 112).
• Food manufacturing (NAICS code 311).
• Pesticide manufacturing (NAICS code
32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
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C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2015–0143 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before November 9, 2015. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2015–0143, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
II. Petition for Exemption
In the Federal Register of April 6,
2015 (80 FR 18327) (FRL–9924–00),
EPA issued a document pursuant to
FFDCA section 408, 21 U.S.C. 346a,
announcing the filing of a pesticide
petition inert ingredient (PP IN–10775)
by Syngenta Crop Protection, P.O. Box
18300, Greensboro, NC 27409, The
petition requested that 40 CFR 180.910
be amended by establishing an
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exemption from the requirement of a
tolerance for residues of PGME (CAS
No. 107–98–2) when used as an inert
ingredient as a solvent in pesticide
formulations applied to pre- and post–
harvest use on crops. That document
referenced a summary of the petition
prepared by Syngenta Crop Protection,
the petitioner, which is available in the
docket, https://www.regulations.gov.
There were no comments received in
response to the notice of filing.
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III. Inert Ingredient Definition
Inert ingredients are all ingredients
that are not active ingredients as defined
in 40 CFR 153.125 and include, but are
not limited to, the following types of
ingredients (except when they have a
pesticidal efficacy of their own):
Solvents such as alcohols and
hydrocarbons; surfactants such as
polyoxyethylene polymers and fatty
acids; carriers such as clay and
diatomaceous earth; thickeners such as
carrageenan and modified cellulose;
wetting, spreading, and dispersing
agents; propellants in aerosol
dispensers; microencapsulating agents;
and emulsifiers. The term ‘‘inert’’ is not
intended to imply nontoxicity; the
ingredient may or may not be
chemically active. Generally, EPA has
exempted inert ingredients from the
requirement of a tolerance based on the
low toxicity of the individual inert
ingredients.
IV. Aggregate Risk Assessment and
Determination of Safety
Section 408(c)(2)(A)(i) of FFDCA
allows EPA to establish an exemption
from the requirement for a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and in
residential settings, but does not include
occupational exposure. Section
408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure
of infants and children to the pesticide
chemical residue in establishing a
tolerance and to ‘‘ensure that there is a
reasonable certainty that no harm will
result to infants and children from
aggregate exposure to the pesticide
chemical residue. . . .’’
EPA establishes exemptions from the
requirement of a tolerance only in those
cases where it can be clearly
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demonstrated that the risks from
aggregate exposure to pesticide
chemical residues under reasonably
foreseeable circumstances will pose no
appreciable risks to human health. In
order to determine the risks from
aggregate exposure to pesticide inert
ingredients, the Agency considers the
toxicity of the inert in conjunction with
possible exposure to residues of the
inert ingredient through food, drinking
water, and through other exposures that
occur as a result of pesticide use in
residential settings. If EPA is able to
determine that a finite tolerance is not
necessary to ensure that there is a
reasonable certainty that no harm will
result from aggregate exposure to the
inert ingredient, an exemption from the
requirement of a tolerance may be
established.
Consistent with FFDCA section
408(c)(2)(A), and the factors specified in
FFDCA section 408(c)(2)(B), EPA has
reviewed the available scientific data
and other relevant information in
support of this action. EPA has
sufficient data to assess the hazards of
and to make a determination on
aggregate exposure for PGME including
exposure resulting from the exemption
established by this action. EPA’s
assessment of exposures and risks
associated with PGME follows.
A. Toxicological Profile
EPA has evaluated the available
toxicity data and considered their
validity, completeness, and reliability as
well as the relationship of the results of
the studies to human risk. EPA has also
considered available information
concerning the variability of the
sensitivities of major identifiable
subgroups of consumers, including
infants and children. Specific
information on the studies received and
the nature of the adverse effects caused
by PGME as well as the no-observedadverse-effect-level (NOAEL) and the
lowest-observed-adverse-effect-level
(LOAEL) from the toxicity studies are
discussed in this unit.
PGME exhibits low acute toxicity by
the oral, dermal, and inhalation routes.
PGME is not a skin sensitizer or skin
irritant and was only slightly irritating
to the eye. In repeat dose inhalation
studies ranging from 11 days to six
months in duration, NOAELs of 300
parts per million (ppm) and higher were
seen in rats, mice, rabbits, guinea pigs
and monkeys. Effects observed included
sedation, hepatic changes and a
decrease in body weight gain. Oral
NOAELs of 459.5 milligram/kilogram/
day (mg/kg/day) and 919 mg/kg/day
were observed in rat studies lasting 13
and 5 weeks, respectively. Observations
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included central nervous system (CNS)
effects at very high doses (above limit
dose of 1,000 mg/kg/day), enlarged
livers and weight loss. In a reproduction
study conducted via the inhalation
route, offspring effects seen at 3,000
ppm appear to be related to decreased
maternal body weight and secondary to
general toxicity and nutritional stress.
Decreased maternal body weight was
also noted at the next lower dose.
NOAELs in this study were 300 ppm for
adults and 1,000 ppm for offspring.
Studies with rats, mice, and rabbits
showed that PGME was not a
developmental toxicant (two inhalation
and three gavage studies). Weight-ofevidence indicates that PGME is not
genotoxic or carcinogenic. In a 2-year
bioassay, there were no statistically
significant increases in any tumor type
in rats and mice.
B. Toxicological Points of Departure/
Levels of Concern
Once a pesticide’s toxicological
profile is determined, EPA identifies
toxicological points of departure (POD)
and levels of concern to use in
evaluating the risk posed by human
exposure to the pesticide. For hazards
that have a threshold below which there
is no appreciable risk, the toxicological
POD is used as the basis for derivation
of reference values for risk assessment.
PODs are developed based on a careful
analysis of the doses in each
toxicological study to determine the
dose at which the NOAEL and the
LOAEL are identified. Uncertainty/
safety factors are used in conjunction
with the POD to calculate a safe
exposure level—generally referred to as
a population-adjusted dose (PAD) or a
reference dose (RfD)—and a safe margin
of exposure (MOE). For non-threshold
risks, the Agency assumes that any
amount of exposure will lead to some
degree of risk. Thus, the Agency
estimates risk in terms of the probability
of an occurrence of the adverse effect
expected in a lifetime. For more
information on the general principles
EPA uses in risk characterization and a
complete description of the risk
assessment process, see https://
www.epa.gov/pesticides/factsheets/
riskassess.htm.
No acute adverse effect level has been
selected for PGME. The chronic NOAEL
of 459.5 mg/kg/day was based on CNS
effects at very high doses, enlarged
livers and weight loss in a 13 week oral
study in rats.
C. Exposure Assessment
1. Dietary exposure from food and
feed uses. In evaluating dietary
exposure to PGME, EPA considered
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exposure under the proposed exemption
from the requirement of a tolerance.
EPA assessed dietary exposures from
PGME in food as follows:
An acute dietary risk assessment was
not conducted because no endpoint of
concern following a single exposure was
identified in the available studies. A
chronic dietary exposure assessment
was completed and performed using the
Dietary Exposure Evaluation Model
DEEM–FCIDTM, Version 3.16.which
includes food consumption information
from the U.S. Department of
Agriculture’s National Health and
Nutrition Examination Survey, ‘‘What
We Eat In America’’, (NHANES/
WWEIA). This dietary survey was
conducted from 2003 to 2008. In the
absence of actual residue data, the inert
ingredient evaluation is based on a
highly conservative model that assumes
that the residue level of the inert
ingredient would be no higher than the
highest established tolerance for an
active ingredient on a given commodity.
Implicit in this assumption is that there
would be similar rates of degradation
between the active and inert ingredient
(if any) and that the concentration of
inert ingredient in the scenarios leading
to these highest of tolerances would be
no higher than the concentration of the
active ingredient. The model assumes
100 percent crop treated (PCT) for all
crops and that every food eaten by a
person each day has tolerance-level
residues. A complete description of the
general approach taken to assess inert
ingredient risks in the absence of
residue data is contained in the
memorandum entitled ‘‘Alkyl Amines
Polyalkoxylates (Cluster 4): Acute and
Chronic Aggregate (Food and Drinking
Water) Dietary Exposure and Risk
Assessments for the Inerts’’ (D361707, S.
Piper, 2/25/09) and can be found at
https://www.regulations.gov in docket ID
number EPA–HQ–OPP–2008–0738.
2. Dietary exposure from drinking
water. For the purpose of the screening
level dietary risk assessment to support
this request for an exemption from the
requirement of a tolerance for PGME, a
conservative drinking water
concentration value of 100 parts per
billion (ppb) based on screening level
modeling was used to assess the
contribution to drinking water for the
chronic dietary risk assessments for
parent compound. These values were
directly entered into the dietary
exposure model.
3. From non-dietary exposure. The
term ‘‘residential exposure’’ is used in
this document to refer to nonoccupational, non-dietary exposure
(e.g., textiles (clothing and diapers),
carpets, swimming pools, and hard
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surface disinfection on walls, floors,
tables). The highest exposures to
consumers are likely to be associated
with the use of paints and varnishes that
contain PGME with some small dermal
exposures possible. Inhalation
exposures to relatively high
concentrations of PGME are believed to
be self-limiting due to the irritant effects
of the chemical. Based on this
residential exposure assessment,
exposure to PGME would be low (less
than 2 mg/kg/day). This level of
exposure would be two orders of
magnitude below that which would be
of concern for PGME.
4. Cumulative effects from substances
with a common mechanism of toxicity.
Section 408(b)(2)(D)(v) of FFDCA
requires that, when considering whether
to establish, modify, or revoke a
tolerance, the Agency consider
‘‘available information’’ concerning the
cumulative effects of a particular
pesticide’s residues and ‘‘other
substances that have a common
mechanism of toxicity.’’
EPA has not found PGME to share a
common mechanism of toxicity with
any other substances, and PGME does
not appear to produce a toxic metabolite
produced by other substances. For the
purposes of this tolerance action,
therefore, EPA has assumed that PGME
does not have a common mechanism of
toxicity with other substances. For
information regarding EPA’s efforts to
determine which chemicals have a
common mechanism of toxicity and to
evaluate the cumulative effects of such
chemicals, see EPA’s Web site at https://
www.epa.gov/pesticides/cumulative.
D. Safety Factor for Infants and
Children
1. In general. Section 408(b)(2)(C) of
FFDCA provides that EPA shall apply
an additional tenfold (10X) margin of
safety for infants and children in the
case of threshold effects to account for
prenatal and postnatal toxicity and the
completeness of the database on toxicity
and exposure unless EPA determines
based on reliable data that a different
margin of safety will be safe for infants
and children. This additional margin of
safety is commonly referred to as the
Food Quality Protection Act Safety
Factor (FQPA SF). In applying this
provision, EPA either retains the default
value of 10X, or uses a different
additional safety factor when reliable
data available to EPA support the choice
of a different factor.
2. Prenatal and postnatal sensitivity.
Studies in laboratory animals indicate
that PGME is not a developmental
toxicant when administered via
inhalation or ingestion. Developmental
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studies conducted in rats and rabbits
with PGME administered via inhalation
showed no developmental toxicity in
the rabbit and developmental delays
(delayed sternebral ossification) in the
rat but only in the presence of maternal
toxicity. In oral developmental studies
in rats, mice, and rabbits,
developmental delays were seen only in
the rat fetuses at the highest dose tested.
3. Conclusion. Based on this
information there is no concern for
increased sensitivity to infants and
children to PGME when used as an inert
ingredient in pesticide formulations. For
the same reason, a safety factor analysis
has not been used to assess risk to
PGME and, therefore, the additional
safety factor for the protection of infants
and children is also unnecessary.
EPA has determined that reliable data
show the safety of infants and children
would be adequately protected if the
FQPA SF were reduced to 1X. That
decision is based on the following
findings:
i. The toxicity database for PGME is
complete.
ii. There is a clinical signs of
neurotoxicity observed at very high oral
doses. However, there are no concern at
this time because the clinical signs were
observed at or above limit doses.
Therefore there is no need for a
developmental neurotoxicity study or
additional UFs to account for
neurotoxicity.
iii. There is no evidence that PGME
results in increased susceptibility in in
utero rats or rabbits in the prenatal
developmental studies or in young rats
in the 2-generation reproduction study.
iv. There are no residual uncertainties
identified in the exposure databases.
The dietary food exposure assessments
were performed based on 100% CT and
model estimates from the use of PGME
in pesticidal formulations resulting in
chronic dietary exposure estimates for
food and drinking water below the
Agency’s level of concern. EPA made
conservative (protective) assumptions in
the ground and surface water modeling
used to assess exposure to PGME in
drinking water. EPA used similarly
conservative assumptions to assess
postapplication exposure of children as
well as incidental oral exposure of
toddlers. These assessments will not
underestimate the exposure and risks
posed by PGME.
E. Aggregate Risks and Determination of
Safety
Determination of safety section. EPA
determines whether acute and chronic
dietary pesticide exposures are safe by
comparing aggregate exposure estimates
to the acute PAD (aPAD) and chronic
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PAD (cPAD). For linear cancer risks,
EPA calculates the lifetime probability
of acquiring cancer given the estimated
aggregate exposure. Short-,
intermediate-, and chronic-term risks
are evaluated by comparing the
estimated aggregate food, water, and
residential exposure to the appropriate
PODs to ensure that an adequate MOE
exists.
1. Acute risk. An acute aggregate risk
assessment takes into account acute
exposure estimates from dietary
consumption of food and drinking
water. No adverse effect resulting from
a single oral exposure was identified
and no acute dietary endpoint was
selected. Therefore, PGME is not
expected to pose an acute risk.
2. Chronic risk. Using the exposure
assumptions described in this unit for
chronic exposure, EPA has concluded
that chronic exposure to PGME from
food and water will utilize 15.4% of the
cPAD for children 1–2 years old, the
population group receiving the greatest
exposure. Based on the explanation in
this unit, regarding residential use
patterns, chronic residential exposure to
residues of PGME is not expected.
3. Short-term risk. Short-term
aggregate exposure takes into account
short-term residential exposure plus
chronic exposure to food and water
(considered to be a background
exposure level).
PGME may be used as an inert
ingredient in pesticide products that are
registered for uses that could result in
short-term residential exposure, and the
Agency has determined that it is
appropriate to aggregate chronic
exposure through food and water with
short-term residential exposures to
PGME.
Using the exposure assumptions
described in this unit for short-term
exposures, EPA has concluded the
combined short-term food, water, and
residential exposures are below EPA’s
level of concern for PGME based on
highly conservative assumptions made
regarding residential and dietary
exposures to PGME as described in Unit
IV. Section C.
4. Intermediate-term risk.
Intermediate-term aggregate exposure
takes into account intermediate-term
residential exposure plus chronic
exposure to food and water (considered
to be a background exposure level).
PGME may be used as an inert
ingredient in pesticide products that are
registered for uses that could result in
intermediate-term residential exposure,
and the Agency has determined that it
is appropriate to aggregate chronic
exposure through food and water with
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short-term residential exposures to
PGME.
Using the exposure assumptions
described in this unit for short-term
exposures, EPA has concluded the
combined intermediate-term food,
water, and residential exposures are
below EPA’s level of concern for PGME
based on highly conservative
assumptions made regarding residential
and dietary exposures to PGME as
described in Unit IV. Section C.
5. Aggregate cancer risk for U.S.
population. Based on the lack of
evidence of carcinogenicity in two
adequate rodent carcinogenicity studies,
PGME is not expected to pose a cancer
risk to humans.
6. Determination of safety. Based on
these risk assessments, EPA concludes
that there is a reasonable certainty that
no harm will result to the general
population, or to infants and children
from aggregate exposure to PGME
residues.
V. Other Considerations
A. Analytical Enforcement Methodology
An analytical method is not required
for enforcement purposes since the
Agency is establishing an exemption
from the requirement of a tolerance
without any numerical limitation.
B. International Residue Limits
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 maximum residue limits
(MRLs) established by the Codex
Alimentarius Commission (Codex), as
required by FFDCA section 408(b)(4).
The Codex Alimentarius is a joint
United Nation 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.
The Codex has not established a MRL
for PGME.
VI. Conclusions
Therefore, an exemption from the
requirement of a tolerance is established
under 40 CFR 180.910 for PGME (CAS
No. 107–98–2) when used as an inert
ingredient (as a solvent) in pesticide
formulations applied to crops, postharvest.
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54251
VII. Statutory and Executive Order
Reviews
This action establishes a tolerance
under FFDCA section 408(d) in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action 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) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This action does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
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Federal Register / Vol. 80, No. 174 / Wednesday, September 9, 2015 / Rules and Regulations
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
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
(NTTAA) (15 U.S.C. 272 note).
VIII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: August 17, 2015.
Susan Lewis,
Director, Registration Division, Office of
Pesticide Programs.
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.910, add alphabetically the
following inert ingredient to the table to
read as follows:
■
§ 180.910 Inert ingredients used pre- and
post-harvest; exemptions from the
requirement of a tolerance.
*
*
*
*
*
Therefore, 40 CFR chapter I is
amended as follows:
Inert ingredients
Limits
*
*
*
*
Propylene glycol monomethyl ether (CAS No. 107–98–2) ..............................................
*
*
none ............................................................
*
*
*
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket No. 15–53; FCC 15–62]
Concerning Effective Competition;
Implementation of Section 111 of the
STELA Reauthorization Act
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection requirements
associated with the Commission’s
Report and Order, MB Docket No. 15–
53, FCC 15–62. This document is
consistent with the Report and Order,
which stated that the Commission
would publish a document in the
Federal Register announcing OMB
approval and the effective date of the
requirements.
Lhorne on DSK5TPTVN1PROD with RULES
SUMMARY:
The rule amendments and FCC
Form 328, published at 80 FR 38001,
July 2, 2015 are effective on September
9, 2015.
FOR FURTHER INFORMATION CONTACT:
Cathy Williams, Cathy.Williams@
fcc.gov, (202) 418–2918.
VerDate Sep<11>2014
14:17 Sep 08, 2015
Jkt 235001
*
This
document announces that, on August
25, 2015, OMB approved the
information collection requirements
contained in the Commission’s Report
and Order, FCC 15–62, published at 80
FR 38001, July 2, 2015. The OMB
Control Numbers 3060–0550 and 3060–
0560. The Commission publishes this
document as an announcement of the
effective date of the requirements. If you
have any comments on the burden
estimates listed below, or how the
Commission can improve the
collections and reduce any burdens
caused thereby, please contact Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street SW., Washington, DC 20554.
Please include the OMB Control
Numbers, 3060–0550 and 3060–0560 in
your correspondence. The Commission
will also accept your comments via
email at PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
SUPPLEMENTARY INFORMATION:
[FR Doc. 2015–22030 Filed 9–8–15; 8:45 am]
DATES:
*
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received OMB approval on August 25,
2015, 2015, for the information
collection requirements contained
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Uses
*
*
solvent.
*
under OMB control numbers 3060–0550
and 3060–0560, and FCC Form 328.
Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
current, valid OMB Control Number. No
person shall be subject to any penalty
for failing to comply with a collection
of information subject to the Paperwork
Reduction Act that does not display a
current, valid OMB Control Number.
The OMB Control Numbers are 3060–
0550 and 3060–0560.
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–0550.
OMB Approval Date: August 25, 2015.
OMB Expiration Date: August 31,
2018.
Title: Local Franchising Authority
Certification, FCC Form 328; Section
76.910, Franchising Authority
Certification.
Form No.: FCC Form 328.
Respondents: State, local or tribal
governments; Businesses or other forprofit entities.
Number of Respondents and
Responses: 7 respondents; 13 responses.
Estimated Time per Response: 2
hours.
Frequency of Response: One-time
reporting requirement; Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
E:\FR\FM\09SER1.SGM
09SER1
Agencies
[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Rules and Regulations]
[Pages 54248-54252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22030]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2015-0143; FRL-9932-06]
Propylene Glycol Monomethyl Ether; Exemption from the Requirement
of a Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of propylene glycol monomethyl ether (PGME;
CAS No. 107-98-2) when used as an inert ingredient under 40 CFR 180.910
as a solvent in pesticide formulations which include pre-and post-
harvest use on crops. Syngenta Crop Protection submitted a petition to
EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting
establishment of an exemption from the requirement of a tolerance. This
regulation eliminates the need to establish a maximum permissible level
for residues of PGME.
DATES: This regulation is effective September 9, 2015. Objections and
requests for hearings must be received on or before November 9, 2015,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2015-0143, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OPP
Docket is (703) 305-5805. Please review the visitor instructions and
additional information about the docket available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number: (703) 305-7090; email address: RDFRNotices@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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
B. How can I get electronic access to other related information?
You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at https://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2015-0143 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
November 9, 2015. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b).
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2015-0143, by one of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.
II. Petition for Exemption
In the Federal Register of April 6, 2015 (80 FR 18327) (FRL-9924-
00), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the filing of a pesticide petition inert ingredient
(PP IN-10775) by Syngenta Crop Protection, P.O. Box 18300, Greensboro,
NC 27409, The petition requested that 40 CFR 180.910 be amended by
establishing an
[[Page 54249]]
exemption from the requirement of a tolerance for residues of PGME (CAS
No. 107-98-2) when used as an inert ingredient as a solvent in
pesticide formulations applied to pre- and post-harvest use on crops.
That document referenced a summary of the petition prepared by Syngenta
Crop Protection, the petitioner, which is available in the docket,
https://www.regulations.gov. There were no comments received in response
to the notice of filing.
III. Inert Ingredient Definition
Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.
IV. Aggregate Risk Assessment and Determination of Safety
Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . .''
EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will result from
aggregate exposure to the inert ingredient, an exemption from the
requirement of a tolerance may be established.
Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for PGME including exposure
resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with PGME follows.
A. Toxicological Profile
EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the adverse effects caused by PGME as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies are discussed in this unit.
PGME exhibits low acute toxicity by the oral, dermal, and
inhalation routes. PGME is not a skin sensitizer or skin irritant and
was only slightly irritating to the eye. In repeat dose inhalation
studies ranging from 11 days to six months in duration, NOAELs of 300
parts per million (ppm) and higher were seen in rats, mice, rabbits,
guinea pigs and monkeys. Effects observed included sedation, hepatic
changes and a decrease in body weight gain. Oral NOAELs of 459.5
milligram/kilogram/day (mg/kg/day) and 919 mg/kg/day were observed in
rat studies lasting 13 and 5 weeks, respectively. Observations included
central nervous system (CNS) effects at very high doses (above limit
dose of 1,000 mg/kg/day), enlarged livers and weight loss. In a
reproduction study conducted via the inhalation route, offspring
effects seen at 3,000 ppm appear to be related to decreased maternal
body weight and secondary to general toxicity and nutritional stress.
Decreased maternal body weight was also noted at the next lower dose.
NOAELs in this study were 300 ppm for adults and 1,000 ppm for
offspring. Studies with rats, mice, and rabbits showed that PGME was
not a developmental toxicant (two inhalation and three gavage studies).
Weight-of-evidence indicates that PGME is not genotoxic or
carcinogenic. In a 2-year bioassay, there were no statistically
significant increases in any tumor type in rats and mice.
B. Toxicological Points of Departure/Levels of Concern
Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which the NOAEL and the LOAEL are identified.
Uncertainty/safety factors are used in conjunction with the POD to
calculate a safe exposure level--generally referred to as a population-
adjusted dose (PAD) or a reference dose (RfD)--and a safe margin of
exposure (MOE). For non-threshold risks, the Agency assumes that any
amount of exposure will lead to some degree of risk. Thus, the Agency
estimates risk in terms of the probability of an occurrence of the
adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see https://www.epa.gov/pesticides/factsheets/riskassess.htm.
No acute adverse effect level has been selected for PGME. The
chronic NOAEL of 459.5 mg/kg/day was based on CNS effects at very high
doses, enlarged livers and weight loss in a 13 week oral study in rats.
C. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to PGME, EPA considered
[[Page 54250]]
exposure under the proposed exemption from the requirement of a
tolerance. EPA assessed dietary exposures from PGME in food as follows:
An acute dietary risk assessment was not conducted because no
endpoint of concern following a single exposure was identified in the
available studies. A chronic dietary exposure assessment was completed
and performed using the Dietary Exposure Evaluation Model DEEM-
FCID\TM\, Version 3.16.which includes food consumption information from
the U.S. Department of Agriculture's National Health and Nutrition
Examination Survey, ``What We Eat In America'', (NHANES/WWEIA). This
dietary survey was conducted from 2003 to 2008. In the absence of
actual residue data, the inert ingredient evaluation is based on a
highly conservative model that assumes that the residue level of the
inert ingredient would be no higher than the highest established
tolerance for an active ingredient on a given commodity. Implicit in
this assumption is that there would be similar rates of degradation
between the active and inert ingredient (if any) and that the
concentration of inert ingredient in the scenarios leading to these
highest of tolerances would be no higher than the concentration of the
active ingredient. The model assumes 100 percent crop treated (PCT) for
all crops and that every food eaten by a person each day has tolerance-
level residues. A complete description of the general approach taken to
assess inert ingredient risks in the absence of residue data is
contained in the memorandum entitled ``Alkyl Amines Polyalkoxylates
(Cluster 4): Acute and Chronic Aggregate (Food and Drinking Water)
Dietary Exposure and Risk Assessments for the Inerts'' (D361707, S.
Piper, 2/25/09) and can be found at https://www.regulations.gov in
docket ID number EPA-HQ-OPP-2008-0738.
2. Dietary exposure from drinking water. For the purpose of the
screening level dietary risk assessment to support this request for an
exemption from the requirement of a tolerance for PGME, a conservative
drinking water concentration value of 100 parts per billion (ppb) based
on screening level modeling was used to assess the contribution to
drinking water for the chronic dietary risk assessments for parent
compound. These values were directly entered into the dietary exposure
model.
3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., textiles (clothing and diapers), carpets, swimming
pools, and hard surface disinfection on walls, floors, tables). The
highest exposures to consumers are likely to be associated with the use
of paints and varnishes that contain PGME with some small dermal
exposures possible. Inhalation exposures to relatively high
concentrations of PGME are believed to be self-limiting due to the
irritant effects of the chemical. Based on this residential exposure
assessment, exposure to PGME would be low (less than 2 mg/kg/day). This
level of exposure would be two orders of magnitude below that which
would be of concern for PGME.
4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
EPA has not found PGME to share a common mechanism of toxicity with
any other substances, and PGME does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has assumed that PGME does not have a
common mechanism of toxicity with other substances. For information
regarding EPA's efforts to determine which chemicals have a common
mechanism of toxicity and to evaluate the cumulative effects of such
chemicals, see EPA's Web site at https://www.epa.gov/pesticides/cumulative.
D. Safety Factor for Infants and Children
1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the Food Quality
Protection Act Safety Factor (FQPA SF). In applying this provision, EPA
either retains the default value of 10X, or uses a different additional
safety factor when reliable data available to EPA support the choice of
a different factor.
2. Prenatal and postnatal sensitivity. Studies in laboratory
animals indicate that PGME is not a developmental toxicant when
administered via inhalation or ingestion. Developmental studies
conducted in rats and rabbits with PGME administered via inhalation
showed no developmental toxicity in the rabbit and developmental delays
(delayed sternebral ossification) in the rat but only in the presence
of maternal toxicity. In oral developmental studies in rats, mice, and
rabbits, developmental delays were seen only in the rat fetuses at the
highest dose tested.
3. Conclusion. Based on this information there is no concern for
increased sensitivity to infants and children to PGME when used as an
inert ingredient in pesticide formulations. For the same reason, a
safety factor analysis has not been used to assess risk to PGME and,
therefore, the additional safety factor for the protection of infants
and children is also unnecessary.
EPA has determined that reliable data show the safety of infants
and children would be adequately protected if the FQPA SF were reduced
to 1X. That decision is based on the following findings:
i. The toxicity database for PGME is complete.
ii. There is a clinical signs of neurotoxicity observed at very
high oral doses. However, there are no concern at this time because the
clinical signs were observed at or above limit doses. Therefore there
is no need for a developmental neurotoxicity study or additional UFs to
account for neurotoxicity.
iii. There is no evidence that PGME results in increased
susceptibility in in utero rats or rabbits in the prenatal
developmental studies or in young rats in the 2-generation reproduction
study.
iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on 100% CT and model estimates from the use of PGME in pesticidal
formulations resulting in chronic dietary exposure estimates for food
and drinking water below the Agency's level of concern. EPA made
conservative (protective) assumptions in the ground and surface water
modeling used to assess exposure to PGME in drinking water. EPA used
similarly conservative assumptions to assess postapplication exposure
of children as well as incidental oral exposure of toddlers. These
assessments will not underestimate the exposure and risks posed by
PGME.
E. Aggregate Risks and Determination of Safety
Determination of safety section. EPA determines whether acute and
chronic dietary pesticide exposures are safe by comparing aggregate
exposure estimates to the acute PAD (aPAD) and chronic
[[Page 54251]]
PAD (cPAD). For linear cancer risks, EPA calculates the lifetime
probability of acquiring cancer given the estimated aggregate exposure.
Short-, intermediate-, and chronic-term risks are evaluated by
comparing the estimated aggregate food, water, and residential exposure
to the appropriate PODs to ensure that an adequate MOE exists.
1. Acute risk. An acute aggregate risk assessment takes into
account acute exposure estimates from dietary consumption of food and
drinking water. No adverse effect resulting from a single oral exposure
was identified and no acute dietary endpoint was selected. Therefore,
PGME is not expected to pose an acute risk.
2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
PGME from food and water will utilize 15.4% of the cPAD for children 1-
2 years old, the population group receiving the greatest exposure.
Based on the explanation in this unit, regarding residential use
patterns, chronic residential exposure to residues of PGME is not
expected.
3. Short-term risk. Short-term aggregate exposure takes into
account short-term residential exposure plus chronic exposure to food
and water (considered to be a background exposure level).
PGME may be used as an inert ingredient in pesticide products that
are registered for uses that could result in short-term residential
exposure, and the Agency has determined that it is appropriate to
aggregate chronic exposure through food and water with short-term
residential exposures to PGME.
Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water,
and residential exposures are below EPA's level of concern for PGME
based on highly conservative assumptions made regarding residential and
dietary exposures to PGME as described in Unit IV. Section C.
4. Intermediate-term risk. Intermediate-term aggregate exposure
takes into account intermediate-term residential exposure plus chronic
exposure to food and water (considered to be a background exposure
level).
PGME may be used as an inert ingredient in pesticide products that
are registered for uses that could result in intermediate-term
residential exposure, and the Agency has determined that it is
appropriate to aggregate chronic exposure through food and water with
short-term residential exposures to PGME.
Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined intermediate-term food,
water, and residential exposures are below EPA's level of concern for
PGME based on highly conservative assumptions made regarding
residential and dietary exposures to PGME as described in Unit IV.
Section C.
5. Aggregate cancer risk for U.S. population. Based on the lack of
evidence of carcinogenicity in two adequate rodent carcinogenicity
studies, PGME is not expected to pose a cancer risk to humans.
6. Determination of safety. Based on these risk assessments, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children from aggregate
exposure to PGME residues.
V. Other Considerations
A. Analytical Enforcement Methodology
An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.
B. International Residue Limits
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 maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nation 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.
The Codex has not established a MRL for PGME.
VI. Conclusions
Therefore, an exemption from the requirement of a tolerance is
established under 40 CFR 180.910 for PGME (CAS No. 107-98-2) when used
as an inert ingredient (as a solvent) in pesticide formulations applied
to crops, post-harvest.
VII. Statutory and Executive Order Reviews
This action establishes a tolerance under FFDCA section 408(d) in
response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action 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) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as
[[Page 54252]]
described under Title II of the Unfunded Mandates Reform Act (UMRA) (2
U.S.C. 1501 et seq.).
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 (NTTAA) (15 U.S.C. 272 note).
VIII. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: August 17, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. In Sec. 180.910, add alphabetically the following inert ingredient
to the table to read as follows:
Sec. 180.910 Inert ingredients used pre- and post-harvest; exemptions
from the requirement of a tolerance.
* * * * *
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
Propylene glycol monomethyl none............... solvent.
ether (CAS No. 107-98-2).
* * * * * * *
------------------------------------------------------------------------
[FR Doc. 2015-22030 Filed 9-8-15; 8:45 am]
BILLING CODE 6560-50-P