C10, 47125-47130 [2019-19397]
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Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Rules and Regulations
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T17–0774 to read as
follows:
■
§ 165.T17–0774 Safety Zone, R/V
POLARCUS ALIMA, Cook Inlet, Homer, AK.
(a) Regulated area. The following area
is specified as a safety zone: All
navigable waters within 100 yards of the
research vessel POLARCUS ALIMA
while in the Captain of the Port Zone for
Western Alaska from September 9, 2019,
through September 11, 2019.
(b) Regulations. In accordance with
the general regulations in this part, the
safety zone shall be closed to all persons
and vessels unless authorized by the
Captain of the Port.
(c) Authorization. All persons or
vessels who desire to enter the
designated safety zone created in this
section while it is enforced must obtain
permission from the on-scene patrol
craft on VHF Ch 9.
(d) Enforcement period. This section
will be enforced from September 9,
2019, through September 11, 2019.
Dated: September 5, 2019.
Sean C. MacKenzie,
Captain of the Port Western Alaska, U.S.
Coast Guard.
[FR Doc. 2019–19548 Filed 9–6–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2018–0070; FRL–9998–57]
C10-C16 Alkylbenzene Sulfonates;
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 C10-C16
branched and linear alkylbenzene
sulfonates, including benzenesulfonic
acid, dodecyl (CAS Reg, No. 27176–87–
0) and benzenesulfonic acid, dodecyl-,
sodium salt (CAS Reg. No. 25155–30–0),
when used as an active or inert
ingredient in antimicrobial pesticide
formulations applied to food-contact
surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils at a
maximum concentration not to exceed
700 parts per million (ppm). Exponent,
Inc., on behalf of Ecolab, Inc., submitted
a petition to EPA under the Federal
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SUMMARY:
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Food, Drug, and Cosmetic Act (FFDCA),
requesting establishment of an
exemption from the requirement of a
tolerance.
DATES: This regulation is effective
September 9, 2019. Objections and
requests for hearings must be received
on or before November 8, 2019 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–2018–0070, 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:
Anita Pease, Antimicrobials Division
(7510P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 308–6411; email address:
ADFRNotices@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),
e.g., agricultural workers; greenhouse,
nursery, and floriculture workers;
farmers.
• Animal production (NAICS code
112), e.g., cattle ranchers and farmers,
dairy cattle farmers, livestock farmers.
• Food manufacturing (NAICS code
311), e.g., agricultural workers; farmers;
greenhouse, nursery, and floriculture
workers; ranchers; pesticide applicators.
• Pesticide manufacturing (NAICS
code 32532), e.g., agricultural workers;
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commercial applicators; farmers;
greenhouse, nursery, and floriculture
workers; residential users.
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 Publishing
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–2018–0070 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
August 4, 2019. 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–
2018–0070, 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.
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II. Summary of Petitioned-For
Exemption
In the Federal Register of April 11,
2018 (83 FR 15528) (FRL–9975–57),
EPA issued a document pursuant to
FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a
pesticide tolerance petition (PP 7F8626)
by Exponent, Inc., 1150 Connecticut
Avenue NW, Suite 1100, Washington,
DC 20036 on behalf of Ecolab, Inc., 1
Ecolab Place, St. Paul, MN 55102. The
petition requested that 40 CFR
180.940(a) be amended by establishing
an exemption from the requirement of a
tolerance for residues of C10-C16
branched and linear alkylbenzene
sulfonates when used as an active
ingredient in antimicrobial pesticide
formulations applied to food-contact
surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment, and utensils at a
maximum end use concentration not to
exceed 700 ppm. That document
referenced a summary of the petition
prepared by Exponent, Inc., on behalf of
Ecolab, Inc., the registrant/petitioner,
which is available in the docket, https://
www.regulations.gov. Comments were
submitted to the docket in response to
the notice of filing, one of which was
relevant to this rulemaking. The
Agency’s response is located in Unit
IV.B. below.
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III. 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 exemption is ‘‘safe.’’
Section 408(c)(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. Pursuant to
FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an
exemption from the requirement of a
tolerance, EPA must take into account
the factors set forth in FFDCA section
408(b)(2)(C), which 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
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aggregate exposure to the pesticide
chemical residue . . . .’’
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 C10-C16
alkylbenzene sulfonates including
exposure resulting from the exemption
established by this action. EPA’s
assessment of exposures and risks
associated with C10-C16 alkylbenzene
sulfonates follows.
A. Toxicological Profile
EPA has evaluated the available
toxicity data and considered its 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.
Alkylbenzene sulfonates (ABS) are
compounds that consist of a sulfonated
aromatic ring with an alkyl chain of
varying lengths; C10–C16 refers to the
number of carbons in the alkyl chain.
These compounds may exist in either
branched or linear form, depending
upon where the aromatic ring is
attached to the chain of carbons; the
linear form is more common. The most
common linear alkylbenzene sulfonate
compounds used in pesticide
formulations are (1) benzenesulfonic
acid, dodecyl (CAS Reg. No. 27176–87–
0) and (2) benzenesulfonic acid,
dodecyl-, sodium salt (CAS Reg. No.
25155–30–0), both of which are
currently approved for use as active and
inert ingredients in registered pesticide
products. Due to the similarity of
production methods, product mixtures,
and commercial use sites, as well as the
similar or identical physical, chemical,
and toxicological properties of ABS
compounds, EPA’s dietary risk
assessment covers all registered ABS
compounds, including both branched
and linear forms and those compounds
of chain lengths C10-C16; the toxicity
data indicate that the toxicological
profile is the same for the branched and
linear form and that the length of the
carbon alkyl chain does not change the
toxicity of the ABS compound.
There are several repeat-dose oral
toxicity studies performed with linear
alkybenzene sulfonates, ranging from a
28-day study in monkeys to 9-month
studies conducted with rats and mice.
There are also repeat-dose dermal
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(guinea pigs, rabbits, and rats) and
inhalation studies (dogs and monkeys).
Collectively, these animal data suggest
that the liver, kidney, and caecum (for
oral studies) are the major target organs
for toxicity. The liver and kidney effects
were dose- and duration-related in that
mild effects (organ weight changes and
serum enzyme/clinical chemistry
changes indicative of mild organ effects)
were seen at lower doses but increased
in severity with both dose and time.
Several developmental toxicity
studies via the oral and dermal routes
have been performed with ABS in rats,
mice and rabbits; there were also several
subcutaneous injection developmental
studies reported in mice. Some
developmental effects (including some
terata) were observed at high doses at
which maternal toxicity was also
observed; however, the available
information does not suggest any
qualitative or quantitative susceptibility
differences between pups and pregnant
animals. In reproduction toxicity tests,
no reproductive toxicity was observed at
doses up to and including 250 mg/kg/
day.
Although data are limited, there is no
evidence for carcinogenicity of ABS.
ABS is also negative in results of
mutagenicity testing.
Specific information on the studies
received and the nature of the adverse
effects caused by ABS as well as the noobserved-adverse-effect-level (NOAEL)
and the lowest-observed-adverse-effectlevel (LOAEL) from the toxicity studies
can be found at https://
www.regulations.gov in the document
‘‘Draft Risk Assessment for
Alkylbenzene Sulfonates (ABS) to
Support Registration Review, and
Petition for a Tolerance Exemption’’ in
docket ID number EPA–HQ–OPP–2018–
0070.
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 dose in each
toxicological study to determine the
dose at which no adverse effects are
observed (the NOAEL) and the lowest
dose at which adverse effects of concern
are identified (the LOAEL). Uncertainty/
safety factors are used in conjunction
with the POD to calculate a safe
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of an occurrence of the adverse effect 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. A
summary of the toxicological endpoints
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
47127
for ABS used for human risk assessment
is shown in Table 1. The NOAEL of 50
mg/kg/day was chosen based on the
result of multiple animal studies
including the three co-critical studies
listed in Table 1.
TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS AND POINTS OF DEPARTURE FOR ABS FOR USE IN
HUMAN HEALTH RISK ASSESSMENT
Exposure scenario
Dose used in risk assessment, UF
Special FQPA SF, target MOE
Study and toxicological effects
Acute dietary (All populations)
No endpoint was selected. No effects are attributable to a single dose in animal studies.
Chronic dietary (All
populations)
Systemic/Reproductive
Oral NOAEL = 50
mg/kg/day.
UF = 100x ..................
FQPA SF = 1x ...........
6-month Oral Toxicity—Rat.
Chronic RfD = 0.5 mg/
kg/day.
cPAD = cRfD/FQPA
SF = 0.5 mg/kg/day.
NOAEL = 40 mg/kg/day (0.07%) and.
Short-Term Incidental
Oral (1–30 days).
Oral NOAEL = 50 mg/
kg/day.
Residential LOC for
MOE = 100.
Short-, Intermediate
and Long-Term Inhalation (1 to 30 days,
1–6 months, >6
months).
UF = 100x
Residential LOC for
MOE = 100.
Occupational LOC for
MOE = 100.
Dermal .........................
Developmental Toxicity—Rat Systemic/Reproductive.
NOAEL = 50 mg/kg/day and LOAEL = 250 mg/kg/day based on decreased Day 21 female pup body weight (Buehler, E. et al. 1971.
Tox Appl. Pharmacol. 18:83–91).
9-month Drinking Water Study.
NOAEL = 85 mg/kg/day and LOAEL = 145 mg/kg/day from 9 month
drinking water rat study based on decreased body weight gain,
and serum/biochemical and enzymatic changes in the liver and
kidney. (Yoneyama et al. 1976 Ann. Rep. Tokyo Metrop. Res.
Lab. Public Health 27(2): 105–112).
No dermal endpoint identified.
Cancer (oral, dermal,
inhalation).
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LOAEL = 114 mg/kg/day (0.2%) based on increased caecum weight
and slight kidney damage in a 6-month rat dietary study
(Yoneyama et al. 1972 Ann. Rep. Tokyo Metrop. Res. Lab. Public
Health 24:409–440).
Developmental Toxicity—Rat Systemic/Reproductive.
NOAEL = 50 mg/kg/day and LOAEL = 250 mg/kg/day based on decreased Day 21 female pup body weight (MRID 43498416-Bueler,
E. et al. 1971. Tox Appl. Pharmacol. 18:83–91).
9-month Drinking Water Study.
NOAEL = 85 mg/kg/day and LOAEL = 145 mg/kg/day from 9 month
drinking water rat study based on decreased body weight gain,
and serum/biochemical and enzymatic changes in the liver and
kidney. (Yoneyama et al. 1976 Ann. Rep. Tokyo Metrop. Res.
Lab. Public Health 27(2): 105–112).
6-month Oral Toxicity—Rat.
NOAEL = 40 mg/kg/day (0.07%) and
LOAEL = 114 mg/kg/day (0.2%) based on increased caecum weight
and slight kidney damage in a 6-month rat dietary study
(Yoneyama et al. 1972 Ann. Rep. Tokyo Metrop. Res. Lab. Public
Health 24:409–440).
No evidence of carcinogenicity in reported published literature studies in rats
FQPA SF = Food Quality Protection Act Safety Factor. UF = Uncertainty Factor (comprised of 10x for extrapolation from animal to human
(interspecies) and 10x for potential variation in sensitivity among members of the human population (intraspecies). cRfD = Chronic Reference
Dose.
cPAD = Chronic Population Adjusted Dose. NOAEL = No Observable Adverse Effect Level.
LOAEL = Lowest Observable Adverse Effect Level. MOE = Margin of Exposure. LOC = Level of Concern.
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C. Exposure Assessment
1. Dietary exposure from food and
feed uses. In evaluating dietary
exposure to ABS, EPA considered all
dietary exposure from registered
pesticide uses as well as the petitionedfor exemption. Exposure of food to
products containing ABS compounds
may occur from various registered
product use sites including: (1) Indirect
food contact from residential food
preparation areas, (2) indirect food
contact from commercial food
preparation areas such as public eating
places, dairy-processing equipment, and
food-processing equipment and utensils
(residues in or on food permitted by 40
CFR 180.940(a)), (3) direct food uses as
fruit and vegetable washes (residues in
or on food permitted by 21 CFR 173.315
and 173.405), and (4) inert ingredients
used in pesticide formulations as a
surfactant, emulsifier, or related
adjuvants of surfactants in products
applied to growing agricultural crops
and raw agricultural commodities after
harvest (residues in or on food
permitted by 40 CFR 180.910) and to
animals (residues in or on food
permitted by 40 CFR 180.930). EPA
assessed dietary exposures from ABS in
food as follows:
i. Acute exposure. An acute dietary
risk assessment for ABS has not been
conducted because no adverse effects
could be attributed to a single
administered oral dose.
ii. Chronic exposure. In developing
the chronic dietary risk assessment, EPA
considered estimates from four models
used to evaluate risk from the various
pathways of exposure to residues of
ABS: the Commercial Tier 1A model for
dietary exposure from use of ABS in
commercial settings, including the
proposed use of ABS at a limit of 700
ppm; the Indirect Dietary Residential
Exposure Assessment Model (IDREAM)
for dietary exposures from residential
uses; Dietary Exposure Evaluation
Model (DEEM) for direct applications to
food via fruit and vegetables washes;
and the inert Dietary Exposure
Evaluation Model (iDEEM) to account
for the inert uses of branched and linear
alkylbenzene sulfonates in agricultural
formulations. Each model run of these
exposure scenarios resulted in risk
levels below the Agency’s levels of
concern. For purposes of the chronic
dietary assessment, the Agency
considered the likelihood of cooccurrence of exposures from these
various use patterns. EPA determined
that it was appropriate to aggregate
exposure from use of ABS in
commercial food preparation areas and
as an inert in pesticide formulations
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applied to raw agricultural commodities
or animals due to potential cooccurrence. The Agency concluded that
it was unlikely that an individual food
commodity would come into contact
with and retain residues from both
residential and commercial areas and
thus, utilized the exposures from use in
commercial settings, which were higher
than residues from residential settings.
In addition, EPA concluded that
residues from fruit and vegetable
washes were likely to be washed away
and should not be included in the cooccurrence dietary assessment. Finally,
the Agency included exposures from
inert uses of ABS in the dietary
assessment based on the likelihood that
crops treated with pesticide
formulations containing ABS as an inert
may not be washed prior to picking up
residues from use of ABS in commercial
food preparation places.
For more specific information on the
dietary exposure assessment for ABS
can be found in the document ‘‘Draft
Risk Assessment for Alkylbenzene
Sulfonates (ABS) to Support
Registration Review and Petition for a
Tolerance Exemption,’’ available in
docket ID number EPA–HQ–2018–0070
at https://www.regulations.gov.
iii. Cancer. No evidence of
carcinogenicity is reported published
literature studies in rats. Therefore, a
cancer dietary exposure assessment was
not performed.
2. Dietary exposure from drinking
water. Exposure to ABS compounds in
drinking water may occur from use in
registered pesticide formulations
containing ABS as inert ingredient. A
conservative drinking water
concentration value of 100 ppb based on
screening-level modeling was used to
assess the contribution to drinking
water for the chronic dietary risk
assessments for ABS compounds. This
was 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
surface disinfection on walls, floors,
tables). Residential (non-dietary)
exposure may occur as follows:
• Residential handlers: There is a
potential for short-term and
intermediate-term residential handler
inhalation exposure from use of
products containing ABS compounds as
sanitizers in or on food-contact surfaces
and as turf and garden products.
• Post-application exposures: There
is a potential for post-application
exposures from products containing
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ABS compounds used on indoor
surfaces, carpets, food-contact surfaces,
lawns and turf, and materials
preservatives. The durations and routes
of exposure that were evaluated include
short-term inhalation exposure and
short-term incidental oral exposure to
children.
• Co-occurring exposures: For
purposes of the aggregate risk
assessment, EPA aggregated residential
handler inhalation exposure from
mopping and trigger-pump spray
applications and used hand-to-mouth
exposure from the turf use for postapplication exposures to children, as it
was the highest exposure use pattern.
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 ABS to share a
common mechanism of toxicity with
any other substances, and ABS does not
appear to produce a toxic metabolite
produced by other substances. For the
purposes of this tolerance action,
therefore, EPA has assumed that ABS
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
chemical, see EPA’s website at https://
www.epa.gov/pesticides/cumulative.
D. Safety Factor for Infants and
Children
1. In general. Section 408 of FFDCA
provides that EPA shall apply an
additional (10X) tenfold 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
FQPA Safety Factor (SF). In applying
this provision, EPA either retains the
default value of 10X when reliable data
do not support the choice of a different
factor, or, if reliable data are available,
EPA uses a different additional FQPA
SF value based on the use of traditional
uncertainty factors (UFs) and/or FQPA
SFs, as appropriate.
2. Prenatal and postnatal sensitivity.
There was no evidence of increased
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sensitivity to infants and children due
to pre- and post-natal exposure to ABS.
The data submitted to the Agency, as
well as those from published literature,
demonstrate no increased susceptibility
in rats, rabbits, or mice to in utero and/
or early postnatal exposure to ABS. In
the prenatal developmental toxicity
studies in rats, rabbits, and mice and in
the 2-generations reproduction study in
rats, developmental effects in the fetuses
or neonates occurred at or above doses
that caused maternal or parental
toxicity.
3. Conclusion. EPA has determined
that reliable data show that it would be
safe for infants and children to reduce
the FQPA SF to 1x. That decision is
based on the following findings:
i. The toxicity database for ABS is
complete.
ii. There is no indication that ABS is
a neurotoxic chemical and there is no
need for a developmental neurotoxicity
study or additional UFs to account for
neurotoxicity.
iii. Although there is evidence of
developmental toxicity in some studies,
there is no evidence of increased
susceptibility. Moreover, the NOAELs
and LOAELs are well-defined, and the
endpoints selected for regulatory
purposes are protective of those effects.
iv. There are no residual uncertainties
identified in the exposure databases.
The screening-level dietary assessment
and the residential exposure assessment
are conservative and not likely to
underestimate exposures.
E. Aggregate Risks and Determination of
Safety
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, ABS is not expected
to pose an acute risk.
2. Chronic risk. Using the exposure
assumptions described in this unit for
co-occurring dietary chronic exposure,
EPA has concluded that chronic
exposure to ABS from food and water
will be 23% of the cPAD for the highest
exposed subpopulation (children 1 to 2)
and 8.8% of the cPAD for adults. Based
on the explanation in Unit III.C.3.,
regarding residential use patterns,
chronic residential exposure to residues
of ABS is not expected.
3. Short-term risk. Short-term
aggregate risks were assessed for
children and adults that could be
exposed to ABS and concluded that the
combined food, water and residential
non-dietary exposures result in
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15:58 Sep 06, 2019
Jkt 247001
aggregate short term MOEs of 670 at 5%
inert and 250 at 25% inert for adults,
and 310 for children (1 to 2 years old).
EPA’s level of concern for ABS is an
MOE of 100 or below; therefore, ABS is
not expected to pose a short-term risk.
4. Intermediate-term risk. An
intermediate-term (1 to 6 months)
aggregate assessment was performed for
adults that could be exposed to ABS.
Since possible intermediate term
inhalation exposures are similar to the
short-term and the PODs are the same,
the aggregate intermediate term MOEs
are 670 at 5% inert and 250 at 25% inert
which exceed the target MOE of 100.
5. Aggregate cancer risk for U.S.
population. Based on a lack of evidence
of carcinogenicity for ABS in the
database, ABS is not expected to pose a
cancer risk to humans.
6. Determination of safety. Based on
its risk assessments, EPA concludes that
there is a reasonable certainty of no
harm that will result to the general
population, or to infants and children,
from aggregate exposure to ABS
residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
An analytical method for food is not
needed. Food contact sanitizers are
typically regulated by the State health
departments to ensure that the food
industry is using products in
compliance with the regulations in 40
CFR 180.940. The end-use solution that
is applied to the food contact surface is
analyzed; the food items that may come
into contact with treated surface are not
analyzed. An analytical method is
available to analyze the use dilution that
is applied to food contact surfaces.
Alkylbenzene sulfonates are a class of
anionic surfactants. An ‘‘Anionic
Content by Surfactant Electrode
Method’’ is used to determine the
concentration or percent of anionic
surfactant in the use solution. The
method may be requested from Chief,
Analytical Chemistry Branch,
Environmental Science Center, 701
Mapes Road, Ft. Meade, MD 20755–
5350; telephone no: (410) 305–2905;
email address: residuemethods@
epa.gov.
B. Response to Comments
EPA received a comment expressing
concern for the use of pesticides on food
that will end up in water. No supporting
information was provided; therefore, it
is unclear whether the issue raised is
related to the safety of consumers of
food containing residues of ABS or to
the environmental effects of pesticides
in water. Nonetheless, EPA notes that
PO 00000
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Fmt 4700
Sfmt 4700
47129
section 408 of the Federal Food, Drug
and Cosmetic Act (FFDCA) authorizes
EPA to set tolerances for residues of
pesticide chemicals when it determines
that the tolerance meets the safety
standard imposed by that statute. After
considering the available data,
including the potential for ABS residues
to end up in drinking water, EPA has
made that determination for the ABS
tolerances established by this final rule.
V. Conclusion
Therefore, an exemption from the
requirement of a tolerance is established
under 40 CFR 180.940(a) for residues of
alkylbenzene sulfonates in branched
and linear form of chain lengths C10-C16,
when used as an inert or an active
ingredient in antimicrobial pesticide
formulations applied to food-contact
surfaces in public-eating places, dairyprocessing equipment, and foodprocessing equipment and utensils at a
maximum end-use concentration not to
exceed 700 ppm. As written, this
exemption covers all ABS compounds
of branched or linear form with the
appropriate chain length; however, the
Agency is expressly clarifying that this
exemption also includes the two
substances that are already registered
and for which tolerance exemptions
have already been established—
benzenesulfonic acid, dodecyl and
benzenesulfonic acid, dodecyl-, sodium
salt. As this new exemption supersedes
the more limited exemptions already
established for those two substances,
EPA is removing those exemptions from
§ 180.940(b) and (c) as no longer
necessary.
VI. Statutory and Executive Order
Reviews
This action establishes an exemption
from the requirement of 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), nor is it considered a
regulatory action under Executive Order
13771, entitled ‘‘Reducing Regulations
and Controlling Regulatory Costs’’ (82
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09SER1
47130
Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Rules and Regulations
FR 9339, February 3, 2017). 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 exemption 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
VII. 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 29, 2019.
Anita Pease,
Director, Antimicrobials Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
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. In § 180.940:
a. Add alphabetically to the table in
paragraph (a) the entry ‘‘Alkylbenzene
sulfonates (branched and linear) of
chain lengths C10-C16, including
benzenesulfonic acid, dodecyl and
benzenesulfonic acid, dodecyl-, sodium
salt’’.
■ b. Remove from the table in paragraph
(b) the entry for ‘‘Benzenesulfonic acid,
dodecyl-’’.
■ c. Remove from the table in paragraph
(c) the entries for ‘‘Benzenesulfonic
acid, dodecyl-’’ and ‘‘Benzenesulfonic
acid, dodecyl-, sodium salt’’.
The addition reads as follows:
■
■
§ 180.940 Tolerance exemptions for active
and inert ingredients for use in
antimicrobial formulations (Food-contact
surface sanitizing solutions).
*
*
*
(a) * * *
*
*
Pesticide chemical
CAS Reg. No.
Limits
*
*
*
*
Alkylbenzene sulfonates (branched and linear) of chain lengths C10-C16, including
benzenesulfonic acid, dodecyl and benzenesulfonic acid, dodecyl-, sodium salt.
*
27176–87–0
25155–30–0
*
*
When ready for use, the end-use concentration is not to exceed 700 ppm.
*
*
*
*
*
*
*
*
[FR Doc. 2019–19397 Filed 9–6–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2018–0143; FRL–9998–21]
Abamectin; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
jbell on DSK3GLQ082PROD with RULES
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
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).
This regulation establishes
tolerances for residues of abamectin in
or on multiple commodities which are
identified and discussed later in this
SUMMARY:
VerDate Sep<11>2014
15:58 Sep 06, 2019
Jkt 247001
*
*
document. Interregional Research
Project No. 4 (IR–4) and Syngenta Crop
Protection, LLC requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
September 9, 2019. Objections and
requests for hearings must be received
on or before November 8, 2019, 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–2018–0143, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
PO 00000
Frm 00016
Fmt 4700
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*
*
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:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
E:\FR\FM\09SER1.SGM
09SER1
Agencies
[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Rules and Regulations]
[Pages 47125-47130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19397]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2018-0070; FRL-9998-57]
C10-C16 Alkylbenzene Sulfonates; 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 C10-C16 branched
and linear alkylbenzene sulfonates, including benzenesulfonic acid,
dodecyl (CAS Reg, No. 27176-87-0) and benzenesulfonic acid, dodecyl-,
sodium salt (CAS Reg. No. 25155-30-0), when used as an active or inert
ingredient in antimicrobial pesticide formulations applied to food-
contact surfaces in public eating places, dairy-processing equipment,
and food-processing equipment and utensils at a maximum concentration
not to exceed 700 parts per million (ppm). Exponent, Inc., on behalf of
Ecolab, Inc., 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.
DATES: This regulation is effective September 9, 2019. Objections and
requests for hearings must be received on or before November 8, 2019
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-2018-0070, 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: Anita Pease, Antimicrobials Division
(7510P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone
number: (703) 308-6411; email address: [email protected].
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), e.g., agricultural
workers; greenhouse, nursery, and floriculture workers; farmers.
Animal production (NAICS code 112), e.g., cattle ranchers
and farmers, dairy cattle farmers, livestock farmers.
Food manufacturing (NAICS code 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
Pesticide manufacturing (NAICS code 32532), e.g.,
agricultural workers; commercial applicators; farmers; greenhouse,
nursery, and floriculture workers; residential users.
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 Publishing 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-2018-0070 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
August 4, 2019. 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-2018-0070, 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.
[[Page 47126]]
II. Summary of Petitioned-For Exemption
In the Federal Register of April 11, 2018 (83 FR 15528) (FRL-9975-
57), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 7F8626) by Exponent, Inc., 1150 Connecticut Avenue NW,
Suite 1100, Washington, DC 20036 on behalf of Ecolab, Inc., 1 Ecolab
Place, St. Paul, MN 55102. The petition requested that 40 CFR
180.940(a) be amended by establishing an exemption from the requirement
of a tolerance for residues of C10-C16 branched
and linear alkylbenzene sulfonates when used as an active ingredient in
antimicrobial pesticide formulations applied to food-contact surfaces
in public eating places, dairy-processing equipment, and food-
processing equipment, and utensils at a maximum end use concentration
not to exceed 700 ppm. That document referenced a summary of the
petition prepared by Exponent, Inc., on behalf of Ecolab, Inc., the
registrant/petitioner, which is available in the docket, https://www.regulations.gov. Comments were submitted to the docket in response
to the notice of filing, one of which was relevant to this rulemaking.
The Agency's response is located in Unit IV.B. below.
III. 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 exemption is ``safe.'' Section 408(c)(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. Pursuant to FFDCA section 408(c)(2)(B), in
establishing or maintaining in effect an exemption from the requirement
of a tolerance, EPA must take into account the factors set forth in
FFDCA section 408(b)(2)(C), which 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 . .
. .''
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 C10-C16
alkylbenzene sulfonates including exposure resulting from the exemption
established by this action. EPA's assessment of exposures and risks
associated with C10-C16 alkylbenzene sulfonates
follows.
A. Toxicological Profile
EPA has evaluated the available toxicity data and considered its
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.
Alkylbenzene sulfonates (ABS) are compounds that consist of a
sulfonated aromatic ring with an alkyl chain of varying lengths;
C10-C16 refers to the number of carbons in the
alkyl chain. These compounds may exist in either branched or linear
form, depending upon where the aromatic ring is attached to the chain
of carbons; the linear form is more common. The most common linear
alkylbenzene sulfonate compounds used in pesticide formulations are (1)
benzenesulfonic acid, dodecyl (CAS Reg. No. 27176-87-0) and (2)
benzenesulfonic acid, dodecyl-, sodium salt (CAS Reg. No. 25155-30-0),
both of which are currently approved for use as active and inert
ingredients in registered pesticide products. Due to the similarity of
production methods, product mixtures, and commercial use sites, as well
as the similar or identical physical, chemical, and toxicological
properties of ABS compounds, EPA's dietary risk assessment covers all
registered ABS compounds, including both branched and linear forms and
those compounds of chain lengths C10-C16; the
toxicity data indicate that the toxicological profile is the same for
the branched and linear form and that the length of the carbon alkyl
chain does not change the toxicity of the ABS compound.
There are several repeat-dose oral toxicity studies performed with
linear alkybenzene sulfonates, ranging from a 28-day study in monkeys
to 9-month studies conducted with rats and mice. There are also repeat-
dose dermal (guinea pigs, rabbits, and rats) and inhalation studies
(dogs and monkeys). Collectively, these animal data suggest that the
liver, kidney, and caecum (for oral studies) are the major target
organs for toxicity. The liver and kidney effects were dose- and
duration-related in that mild effects (organ weight changes and serum
enzyme/clinical chemistry changes indicative of mild organ effects)
were seen at lower doses but increased in severity with both dose and
time.
Several developmental toxicity studies via the oral and dermal
routes have been performed with ABS in rats, mice and rabbits; there
were also several subcutaneous injection developmental studies reported
in mice. Some developmental effects (including some terata) were
observed at high doses at which maternal toxicity was also observed;
however, the available information does not suggest any qualitative or
quantitative susceptibility differences between pups and pregnant
animals. In reproduction toxicity tests, no reproductive toxicity was
observed at doses up to and including 250 mg/kg/day.
Although data are limited, there is no evidence for carcinogenicity
of ABS. ABS is also negative in results of mutagenicity testing.
Specific information on the studies received and the nature of the
adverse effects caused by ABS as well as the no-observed-adverse-
effect-level (NOAEL) and the lowest-observed-adverse-effect-level
(LOAEL) from the toxicity studies can be found at https://www.regulations.gov in the document ``Draft Risk Assessment for
Alkylbenzene Sulfonates (ABS) to Support Registration Review, and
Petition for a Tolerance Exemption'' in docket ID number EPA-HQ-OPP-
2018-0070.
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 dose in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe
[[Page 47127]]
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 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. A
summary of the toxicological endpoints for ABS used for human risk
assessment is shown in Table 1. The NOAEL of 50 mg/kg/day was chosen
based on the result of multiple animal studies including the three co-
critical studies listed in Table 1.
Table 1--Summary of Toxicological Doses and Endpoints and Points of Departure for ABS for Use in Human Health
Risk Assessment
----------------------------------------------------------------------------------------------------------------
Dose used in risk Special FQPA SF,
Exposure scenario assessment, UF target MOE Study and toxicological effects
----------------------------------------------------------------------------------------------------------------
Acute dietary (All populations)
------------------------------------------------------------------------------
No endpoint was selected. No effects are attributable to a single dose in
animal studies.
------------------------------------------------------------------------------
Chronic dietary (All populations)
Systemic/Reproductive Oral NOAEL UF = 100x........... FQPA SF = 1x....... 6-month Oral Toxicity--Rat.
= 50 mg/kg/day.
Chronic RfD = 0.5 mg/ cPAD = cRfD/FQPA SF NOAEL = 40 mg/kg/day (0.07%) and.
kg/day. = 0.5 mg/kg/day.
LOAEL = 114 mg/kg/day (0.2%) based
on increased caecum weight and
slight kidney damage in a 6-month
rat dietary study (Yoneyama et
al. 1972 Ann. Rep. Tokyo Metrop.
Res. Lab. Public Health 24:409-
440).
Developmental Toxicity--Rat
Systemic/Reproductive.
NOAEL = 50 mg/kg/day and LOAEL =
250 mg/kg/day based on decreased
Day 21 female pup body weight
(MRID 43498416-Bueler, E. et al.
1971. Tox Appl. Pharmacol. 18:83-
91).
9-month Drinking Water Study.
NOAEL = 85 mg/kg/day and LOAEL =
145 mg/kg/day from 9 month
drinking water rat study based on
decreased body weight gain, and
serum/biochemical and enzymatic
changes in the liver and kidney.
(Yoneyama et al. 1976 Ann. Rep.
Tokyo Metrop. Res. Lab. Public
Health 27(2): 105-112).
Short-Term Incidental Oral (1-30 Oral NOAEL = 50 mg/ Residential LOC for 6-month Oral Toxicity--Rat.
days). kg/day. MOE = 100. NOAEL = 40 mg/kg/day (0.07%) and
LOAEL = 114 mg/kg/day (0.2%) based
on increased caecum weight and
slight kidney damage in a 6-month
rat dietary study (Yoneyama et
al. 1972 Ann. Rep. Tokyo Metrop.
Res. Lab. Public Health 24:409-
440).
Short-, Intermediate and Long- UF = 100x Residential LOC for
Term Inhalation (1 to 30 days, 1- MOE = 100.
6 months, >6 months).
Occupational LOC Developmental Toxicity--Rat
for MOE = 100. Systemic/Reproductive.
NOAEL = 50 mg/kg/day and LOAEL =
250 mg/kg/day based on decreased
Day 21 female pup body weight
(Buehler, E. et al. 1971. Tox
Appl. Pharmacol. 18:83-91).
9-month Drinking Water Study.
NOAEL = 85 mg/kg/day and LOAEL =
145 mg/kg/day from 9 month
drinking water rat study based on
decreased body weight gain, and
serum/biochemical and enzymatic
changes in the liver and kidney.
(Yoneyama et al. 1976 Ann. Rep.
Tokyo Metrop. Res. Lab. Public
Health 27(2): 105-112).
------------------------------------------------------------------------------
Dermal........................... No dermal endpoint identified.
------------------------------------------------------------------------------
Cancer (oral, dermal, inhalation) No evidence of carcinogenicity in reported published literature studies in
rats
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. UF = Uncertainty Factor (comprised of 10x for extrapolation
from animal to human (interspecies) and 10x for potential variation in sensitivity among members of the human
population (intraspecies). cRfD = Chronic Reference Dose.
cPAD = Chronic Population Adjusted Dose. NOAEL = No Observable Adverse Effect Level.
LOAEL = Lowest Observable Adverse Effect Level. MOE = Margin of Exposure. LOC = Level of Concern.
[[Page 47128]]
C. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to ABS, EPA considered all dietary exposure from registered
pesticide uses as well as the petitioned-for exemption. Exposure of
food to products containing ABS compounds may occur from various
registered product use sites including: (1) Indirect food contact from
residential food preparation areas, (2) indirect food contact from
commercial food preparation areas such as public eating places, dairy-
processing equipment, and food-processing equipment and utensils
(residues in or on food permitted by 40 CFR 180.940(a)), (3) direct
food uses as fruit and vegetable washes (residues in or on food
permitted by 21 CFR 173.315 and 173.405), and (4) inert ingredients
used in pesticide formulations as a surfactant, emulsifier, or related
adjuvants of surfactants in products applied to growing agricultural
crops and raw agricultural commodities after harvest (residues in or on
food permitted by 40 CFR 180.910) and to animals (residues in or on
food permitted by 40 CFR 180.930). EPA assessed dietary exposures from
ABS in food as follows:
i. Acute exposure. An acute dietary risk assessment for ABS has not
been conducted because no adverse effects could be attributed to a
single administered oral dose.
ii. Chronic exposure. In developing the chronic dietary risk
assessment, EPA considered estimates from four models used to evaluate
risk from the various pathways of exposure to residues of ABS: the
Commercial Tier 1A model for dietary exposure from use of ABS in
commercial settings, including the proposed use of ABS at a limit of
700 ppm; the Indirect Dietary Residential Exposure Assessment Model
(IDREAM) for dietary exposures from residential uses; Dietary Exposure
Evaluation Model (DEEM) for direct applications to food via fruit and
vegetables washes; and the inert Dietary Exposure Evaluation Model
(iDEEM) to account for the inert uses of branched and linear
alkylbenzene sulfonates in agricultural formulations. Each model run of
these exposure scenarios resulted in risk levels below the Agency's
levels of concern. For purposes of the chronic dietary assessment, the
Agency considered the likelihood of co-occurrence of exposures from
these various use patterns. EPA determined that it was appropriate to
aggregate exposure from use of ABS in commercial food preparation areas
and as an inert in pesticide formulations applied to raw agricultural
commodities or animals due to potential co-occurrence. The Agency
concluded that it was unlikely that an individual food commodity would
come into contact with and retain residues from both residential and
commercial areas and thus, utilized the exposures from use in
commercial settings, which were higher than residues from residential
settings. In addition, EPA concluded that residues from fruit and
vegetable washes were likely to be washed away and should not be
included in the co-occurrence dietary assessment. Finally, the Agency
included exposures from inert uses of ABS in the dietary assessment
based on the likelihood that crops treated with pesticide formulations
containing ABS as an inert may not be washed prior to picking up
residues from use of ABS in commercial food preparation places.
For more specific information on the dietary exposure assessment
for ABS can be found in the document ``Draft Risk Assessment for
Alkylbenzene Sulfonates (ABS) to Support Registration Review and
Petition for a Tolerance Exemption,'' available in docket ID number
EPA-HQ-2018-0070 at https://www.regulations.gov.
iii. Cancer. No evidence of carcinogenicity is reported published
literature studies in rats. Therefore, a cancer dietary exposure
assessment was not performed.
2. Dietary exposure from drinking water. Exposure to ABS compounds
in drinking water may occur from use in registered pesticide
formulations containing ABS as inert ingredient. A conservative
drinking water concentration value of 100 ppb based on screening-level
modeling was used to assess the contribution to drinking water for the
chronic dietary risk assessments for ABS compounds. This was 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).
Residential (non-dietary) exposure may occur as follows:
Residential handlers: There is a potential for short-term
and intermediate-term residential handler inhalation exposure from use
of products containing ABS compounds as sanitizers in or on food-
contact surfaces and as turf and garden products.
Post-application exposures: There is a potential for post-
application exposures from products containing ABS compounds used on
indoor surfaces, carpets, food-contact surfaces, lawns and turf, and
materials preservatives. The durations and routes of exposure that were
evaluated include short-term inhalation exposure and short-term
incidental oral exposure to children.
Co-occurring exposures: For purposes of the aggregate risk
assessment, EPA aggregated residential handler inhalation exposure from
mopping and trigger-pump spray applications and used hand-to-mouth
exposure from the turf use for post-application exposures to children,
as it was the highest exposure use pattern.
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 ABS to share a common mechanism of toxicity with
any other substances, and ABS does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has assumed that ABS 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
chemical, see EPA's website at https://www.epa.gov/pesticides/cumulative.
D. Safety Factor for Infants and Children
1. In general. Section 408 of FFDCA provides that EPA shall apply
an additional (10X) tenfold 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 FQPA Safety Factor (SF). In
applying this provision, EPA either retains the default value of 10X
when reliable data do not support the choice of a different factor, or,
if reliable data are available, EPA uses a different additional FQPA SF
value based on the use of traditional uncertainty factors (UFs) and/or
FQPA SFs, as appropriate.
2. Prenatal and postnatal sensitivity. There was no evidence of
increased
[[Page 47129]]
sensitivity to infants and children due to pre- and post-natal exposure
to ABS. The data submitted to the Agency, as well as those from
published literature, demonstrate no increased susceptibility in rats,
rabbits, or mice to in utero and/or early postnatal exposure to ABS. In
the prenatal developmental toxicity studies in rats, rabbits, and mice
and in the 2-generations reproduction study in rats, developmental
effects in the fetuses or neonates occurred at or above doses that
caused maternal or parental toxicity.
3. Conclusion. EPA has determined that reliable data show that it
would be safe for infants and children to reduce the FQPA SF to 1x.
That decision is based on the following findings:
i. The toxicity database for ABS is complete.
ii. There is no indication that ABS is a neurotoxic chemical and
there is no need for a developmental neurotoxicity study or additional
UFs to account for neurotoxicity.
iii. Although there is evidence of developmental toxicity in some
studies, there is no evidence of increased susceptibility. Moreover,
the NOAELs and LOAELs are well-defined, and the endpoints selected for
regulatory purposes are protective of those effects.
iv. There are no residual uncertainties identified in the exposure
databases. The screening-level dietary assessment and the residential
exposure assessment are conservative and not likely to underestimate
exposures.
E. Aggregate Risks and Determination of Safety
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,
ABS is not expected to pose an acute risk.
2. Chronic risk. Using the exposure assumptions described in this
unit for co-occurring dietary chronic exposure, EPA has concluded that
chronic exposure to ABS from food and water will be 23% of the cPAD for
the highest exposed subpopulation (children 1 to 2) and 8.8% of the
cPAD for adults. Based on the explanation in Unit III.C.3., regarding
residential use patterns, chronic residential exposure to residues of
ABS is not expected.
3. Short-term risk. Short-term aggregate risks were assessed for
children and adults that could be exposed to ABS and concluded that the
combined food, water and residential non-dietary exposures result in
aggregate short term MOEs of 670 at 5% inert and 250 at 25% inert for
adults, and 310 for children (1 to 2 years old). EPA's level of concern
for ABS is an MOE of 100 or below; therefore, ABS is not expected to
pose a short-term risk.
4. Intermediate-term risk. An intermediate-term (1 to 6 months)
aggregate assessment was performed for adults that could be exposed to
ABS. Since possible intermediate term inhalation exposures are similar
to the short-term and the PODs are the same, the aggregate intermediate
term MOEs are 670 at 5% inert and 250 at 25% inert which exceed the
target MOE of 100.
5. Aggregate cancer risk for U.S. population. Based on a lack of
evidence of carcinogenicity for ABS in the database, ABS is not
expected to pose a cancer risk to humans.
6. Determination of safety. Based on its risk assessments, EPA
concludes that there is a reasonable certainty of no harm that will
result to the general population, or to infants and children, from
aggregate exposure to ABS residues.
IV. Other Considerations
A. Analytical Enforcement Methodology
An analytical method for food is not needed. Food contact
sanitizers are typically regulated by the State health departments to
ensure that the food industry is using products in compliance with the
regulations in 40 CFR 180.940. The end-use solution that is applied to
the food contact surface is analyzed; the food items that may come into
contact with treated surface are not analyzed. An analytical method is
available to analyze the use dilution that is applied to food contact
surfaces. Alkylbenzene sulfonates are a class of anionic surfactants.
An ``Anionic Content by Surfactant Electrode Method'' is used to
determine the concentration or percent of anionic surfactant in the use
solution. The method may be requested from Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Road, Ft. Meade, MD
20755-5350; telephone no: (410) 305-2905; email address:
[email protected].
B. Response to Comments
EPA received a comment expressing concern for the use of pesticides
on food that will end up in water. No supporting information was
provided; therefore, it is unclear whether the issue raised is related
to the safety of consumers of food containing residues of ABS or to the
environmental effects of pesticides in water. Nonetheless, EPA notes
that section 408 of the Federal Food, Drug and Cosmetic Act (FFDCA)
authorizes EPA to set tolerances for residues of pesticide chemicals
when it determines that the tolerance meets the safety standard imposed
by that statute. After considering the available data, including the
potential for ABS residues to end up in drinking water, EPA has made
that determination for the ABS tolerances established by this final
rule.
V. Conclusion
Therefore, an exemption from the requirement of a tolerance is
established under 40 CFR 180.940(a) for residues of alkylbenzene
sulfonates in branched and linear form of chain lengths C10-
C16, when used as an inert or an active ingredient in
antimicrobial pesticide formulations applied to food-contact surfaces
in public-eating places, dairy-processing equipment, and food-
processing equipment and utensils at a maximum end-use concentration
not to exceed 700 ppm. As written, this exemption covers all ABS
compounds of branched or linear form with the appropriate chain length;
however, the Agency is expressly clarifying that this exemption also
includes the two substances that are already registered and for which
tolerance exemptions have already been established--benzenesulfonic
acid, dodecyl and benzenesulfonic acid, dodecyl-, sodium salt. As this
new exemption supersedes the more limited exemptions already
established for those two substances, EPA is removing those exemptions
from Sec. 180.940(b) and (c) as no longer necessary.
VI. Statutory and Executive Order Reviews
This action establishes an exemption from the requirement of 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), nor is it considered a regulatory action under
Executive Order 13771, entitled ``Reducing Regulations and Controlling
Regulatory Costs'' (82
[[Page 47130]]
FR 9339, February 3, 2017). 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 exemption 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 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).
VII. 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 29, 2019.
Anita Pease,
Director, Antimicrobials 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. 180.940:
0
a. Add alphabetically to the table in paragraph (a) the entry
``Alkylbenzene sulfonates (branched and linear) of chain lengths C10-
C16, including benzenesulfonic acid, dodecyl and benzenesulfonic acid,
dodecyl-, sodium salt''.
0
b. Remove from the table in paragraph (b) the entry for
``Benzenesulfonic acid, dodecyl-''.
0
c. Remove from the table in paragraph (c) the entries for
``Benzenesulfonic acid, dodecyl-'' and ``Benzenesulfonic acid, dodecyl-
, sodium salt''.
The addition reads as follows:
Sec. 180.940 Tolerance exemptions for active and inert ingredients
for use in antimicrobial formulations (Food-contact surface sanitizing
solutions).
* * * * *
(a) * * *
------------------------------------------------------------------------
Pesticide chemical CAS Reg. No. Limits
------------------------------------------------------------------------
* * * * * * *
Alkylbenzene sulfonates (branched 27176-87-0 When ready for use,
and linear) of chain lengths C10- 25155-30-0 the end-use
C16, including benzenesulfonic concentration is
acid, dodecyl and benzenesulfonic not to exceed 700
acid, dodecyl-, sodium salt. ppm.
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-19397 Filed 9-6-19; 8:45 am]
BILLING CODE 6560-50-P