Receipt of Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities May 2021, 29229-29232 [2021-11315]
Download as PDF
Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules
approve subsequent SIP revisions that
correct the deficiencies identified in
section II.C of this notice.
In addition, final disapproval would
trigger the offset sanction in CAA
section 179(b)(2) 18 months after the
effective date of a final disapproval, and
the highway funding sanction in CAA
section 179(b)(1) six months after the
offset sanction is imposed. A sanction
will not be imposed if the EPA
determines that a subsequent SIP
submission corrects the deficiencies
identified in our final action before the
applicable deadline.
Note that the submitted rule has been
adopted by the MDAQMD and the
EPA’s final limited disapproval would
not prevent the local agency from
enforcing it. The limited disapproval
also would not prevent any portion of
the rule from being incorporated by
reference into the federally enforceable
SIP as discussed in a July 9, 1992 EPA
memo found at: https://www.epa.gov/
sites/production/files/2015-07/
documents/procsip.pdf.
III. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the MDAQMD rule described in Table 1
of this preamble. The EPA has made,
and will continue to make, these
materials available through
www.regulations.gov and at the EPA
Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
IV. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
jbell on DSKJLSW7X2PROD with PROPOSALS
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA because this action does not
impose additional requirements beyond
those imposed by state law.
VerDate Sep<11>2014
17:16 May 28, 2021
Jkt 253001
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
state, local, or tribal governments, or to
the private sector, will result from this
action.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because the SIP is not
approved to apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction, and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
29229
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
The EPA lacks the discretionary
authority to address environmental
justice in this rulemaking.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 19, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021–11525 Filed 5–28–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 174 and 180
[EPA–HQ–OPP–2021–0088; FRL–10023–95]
Receipt of Pesticide Petitions Filed for
Residues of Pesticide Chemicals in or
on Various Commodities May 2021
Environmental Protection
Agency (EPA).
ACTION: Filing of petitions and request
for comment.
AGENCY:
This document announces the
Agency’s receipt of initial filings of
pesticide petitions requesting the
establishment or modification of
regulations for residues of pesticide
chemicals in or on various commodities.
DATES: Comments must be received on
or before July 1, 2021.
SUMMARY:
E:\FR\FM\01JNP1.SGM
01JNP1
29230
Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules
Submit your comments,
identified by docket identification (ID)
number and the pesticide petition (PP)
of interest as shown in the body of this
document, 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
Confidential Business Information (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.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Registration
Division (7505P), main telephone
number: (703) 305–7090, email address:
RDFRNotices@epa.gov; or Charles
Smith, Biopesticides and Pollution
Prevention Division (7511P), main
telephone number: (703) 305–7090,
email address: BPPDFRNotices@
epa.gov. The mailing address for each
contact person is: Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001. As part of
the mailing address, include the contact
person’s name, division, and mail code.
The division to contact is listed at the
end of each pesticide petition summary.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
jbell on DSKJLSW7X2PROD with PROPOSALS
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).
VerDate Sep<11>2014
17:16 May 28, 2021
Jkt 253001
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
3. Environmental justice. EPA seeks to
achieve environmental justice, the fair
treatment and meaningful involvement
of any group, including minority and/or
low-income populations, in the
development, implementation, and
enforcement of environmental laws,
regulations, and policies. To help
address potential environmental justice
issues, the Agency seeks information on
any groups or segments of the
population who, as a result of their
location, cultural practices, or other
factors, may have atypical or
disproportionately high and adverse
human health impacts or environmental
effects from exposure to the pesticides
discussed in this document, compared
to the general population.
II. What action is the Agency taking?
EPA is announcing receipt of
pesticide petitions filed under section
408 of the Federal Food, Drug, and
Cosmetic Act (FFDCA), 21 U.S.C. 346a,
requesting the establishment or
modification of regulations in 40 CFR
part 174 or part 180 for residues of
pesticide chemicals in or on various
food commodities. The Agency is taking
public comment on the requests before
responding to the petitioners. EPA is not
proposing any particular action at this
time. EPA has determined that the
pesticide petitions described in this
document contain data or information
prescribed in FFDCA section 408(d)(2),
21 U.S.C. 346a(d)(2); however, EPA has
not fully evaluated the sufficiency of the
submitted data at this time or whether
the data supports granting of the
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
pesticide petitions. After considering
the public comments, EPA intends to
evaluate whether and what action may
be warranted. Additional data may be
needed before EPA can make a final
determination on these pesticide
petitions.
Pursuant to 40 CFR 180.7(f),
summaries of the petitions that are the
subject of this document, prepared by
the petitioners, are included in dockets
EPA has created for these rulemakings.
The dockets for these petitions are
available at https://www.regulations.gov.
As specified in FFDCA section
408(d)(3), 21 U.S.C. 346a(d)(3), EPA is
publishing notice of the petitions so that
the public has an opportunity to
comment on these requests for the
establishment or modification of
regulations for residues of pesticides in
or on food commodities. Further
information on the petitions may be
obtained through the petition
summaries referenced in this unit.
A. Amended Tolerance Exemptions for
Inerts (Except PIPS)
PP IN–11493. (EPA–HQ–OPP–2021–
0274). ADAMA Makhteshim, Ltd. c/o
Makhteshim Agan of North America d/
b/a ADAMA, 3120 Highwoods Blvd.,
Suite 100, Raleigh, NC 27604, requests
to amend an exemption from the
requirement of a tolerance in 40 CFR
180.920 for residues of acetophenone
(CAS Reg. No. 98–86–2) when used as
an inert ingredient in pesticide
formulations applied to growing crops.
The petitioner believes no analytical
method is needed because it is not
required for an exemption from the
requirement of a tolerance. Contact: RD.
B. Amended Tolerances for Inerts
PP IN–11407. (EPA–HQ–OPP–2021–
0185). Management Contract Services,
Inc. on behalf of Landis International,
Inc., P.O. Box 5126, Valdosta, GA
31603, requests to amend the tolerance
in 40 CFR 180.460 for residues of
Benoxacor (2,2-dichloro-1-(3-methyl2,3-dihydro-1,4-benzoxazin-4-yl)
ethenone) (CAS Reg. No. 98730–04–2)
when used as a pesticide inert
ingredient (safener) in pesticide
formulations to include any herbicide in
or on raw agricultural commodities for
which tolerances have been established
for those active ingredients at 0.01 parts
per million (ppm). Adequate
enforcement methodology, GC/NPD, is
available to enforce the tolerance
expression. The analytical methodology
for the determination of benoxacor and
its metabolites in plant and animal
commodities is Ciba Analytical Method
AG536(C). Contact: RD.
E:\FR\FM\01JNP1.SGM
01JNP1
jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules
C. New Tolerance Exemptions for Inerts
(Except PIPS)
1. PP IN–11401. (EPA–HQ–OPP–
2021–0308). The Innovative Reform
Group on behalf of The Clorox
Company, P.O. Box 493, Pleasanton, CA
94566–0803, requests to establish an
exemption from the requirement of a
tolerance under 40 CFR part 180.940(a)
for residues of various fragrance
components (CAS Reg No. multiple)
when used as inert ingredients in
antimicrobial pesticide formulations for
use on food contract surfaces in public
eating places, dairy processing
equipment, and food processing
equipment and utensils at end-use
concentrations not to exceed 33 ppm.
Contact: RD.
2. PP IN–11402. (EPA–HQ–OPP–
2021–0311). The Innovative Reform
Group on behalf of The Clorox
Company, P.O. Box 493, Pleasanton, CA
94566–0803, requests to establish an
exemption from the requirement of a
tolerance under 40 CFR part 180.940(a)
for residues of various fragrance
components (CAS Reg No. multiple)
when used as inert ingredients in
antimicrobial pesticide formulations for
use on food contract surfaces in public
eating places, dairy processing
equipment, and food processing
equipment and utensils at end-use
concentrations not to exceed 5 ppm.
Contact: RD.
3. PP IN–11409. (EPA–HQ–OPP–
2021–0321). Evonik Corporation, 299
Jefferson Road, Parsippany, NJ 07054,
requests to establish an exemption from
the requirement of a tolerance for
residues of Silane,
hexadecyltrimethoxy-, hydrolysis
products with silica (CAS Reg. No.
199876–45–4) when used as a pesticide
inert ingredient (stabilizer) in pesticide
formulations under 40 CFR part 180.910
and 180.950. The petitioner believes no
analytical method is needed because it
is not required for an exemption from
the requirement of a tolerance. Contact:
RD.
4. IN–11410. (EPA–HQ–OPP–2021–
0292). Spring Regulatory Sciences (6620
Cypresswood Dr., Suite 250 Spring, TX
77379) on behalf of Earth Science
Laboratories, Inc., (113 SE 22nd Street,
Suite 1, Bentonville, AR 72712) requests
to establish an exemption from the
requirement of a tolerance for residues
of polyammonium bisulfate (CAS Reg.
No. 10043–02–4) to include the use as
an inert ingredient (carrier, adjuvant,
buffer and stabilizer) applied to growing
crops pre- and post-harvest under 40
CFR part 180.910 and in antimicrobial
formulations applied to food-contact
surfaces in public eating places, dairy-
VerDate Sep<11>2014
17:16 May 28, 2021
Jkt 253001
processing equipment, and foodprocessing equipment and utensils
under 40 CFR part 180.940(a). The
petitioner believes no analytical method
is needed because it is not required for
an exemption from the requirement of a
tolerance. Contact: RD.
5. PP IN–11458. (EPA–HQ–OPP–
2021–0273). Ingredion Incorporated, 5
Westbrook Corporate Center,
Westchester, IL 60154, requests to
establish an exemption from the
requirement of a tolerance for residue of
starch, 1-octenylbutanedioate,
aluminum salt (CAS Reg. No. 9087–61–
0) when used as an inert ingredient in
pesticide formulations applied to
growing crops under 40 CFR 180.920.
The petitioner believes no analytical
method is needed because it is not
required for an exemption from the
requirement of a tolerance. Contact: RD.
6. PP IN–11514. (EPA–HQ–OPP–
2021–0320). Spring Regulatory
Sciences, 6620 Cypresswood Dr, Suite
250, Spring, TX 77379 on behalf of
Nouryon Chemicals LLC, requests to
establish an exemption from the
requirement of a tolerance in 40 CFR
part 180.960 for residues of Glycerides,
soya mono- and di-ethoxylated (CAS
Reg. No. 68553–06–0) when used as a
pesticide inert ingredient in pesticide
formulations Joint Inerts Task Force
Cluster Support. The petitioner believes
no analytical method is needed because
it is not required for an exemption from
the requirement of a tolerance. Contact:
RD.
7. PP IN–11515. (EPA–HQ–OPP–
2021–0323). Spring Regulatory
Sciences, 6620 Cypresswood Dr., Suite
250, Spring, TX 77379 on behalf of
Nouryon Chemicals LLC, requests to
establish an exemption from the
requirement of a tolerance in 40 CFR
part 180.910 and 180.930 for residues of
Oxirane, 2-methyl-, polymer with
oxirane, mono-C9-11-isoalkyl ethers,
C10-rich, phosphates, potassium salts
(CAS Reg. No. 2275654–37–8) when
used as a pesticide inert ingredient in
pesticide formulations Joint Inerts Task
Force Cluster Support. The petitioner
believes no analytical method is needed
because it is not required for an
exemption from the requirement of a
tolerance. Contact: RD.
D. New Tolerance Exemptions for NonInerts (Except PIPS)
PP 0F8851. (EPA–HQ–OPP–2021–
0232). Biofungitek, S.L., Parque
Cientı´fico y Tecnolo´gico de Bizkaia,
Astondo Bidea (Building 612), 48160
Derio, Spain (c/o Compliance Services
International, 7501 Bridgeport Way
West, Lakewood, WA 94899), requests
to establish an exemption from the
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
29231
requirement of a tolerance in 40 CFR
part 180 for residues of the biochemical
fungicide potassium carbonate in or on
all agricultural food commodities. The
petitioner believes no analytical method
is needed because the requirement is
not applicable as an exemption from
tolerance has been submitted. Potassium
carbonate, a salt occurring abundantly
in nature, would dissociate into its
component ions (potassium and
carbonate) once dissolved in water for
application. In turn, carbonate will be
part of an equilibrium mixture of
bicarbonate, carbonate, and carbonic
acid.Being naturally abundant, these
ions would add to the like ions that
already exist in the environment.
Potassium and carbonate ions would be
indistinguishable from the natural
background of inorganic ions. Contact:
BPPD.
E. New Tolerances for Non-Inerts
1. PP 0E8888. (EPA–HQ–OPP–2021–
0204). Interregional Research Project
Number 4 (IR–4), IR–4 Project
Headquarters, Rutgers, The State
University of New Jersey, 500 College
Road East, Suite 201 W, Princeton, NJ
08450, requests to establish a tolerance
in 40 CFR 180.690 for residues of the
fungicide, mandestrobin, 2-[(2,5dimethylphenoxy)methyl]-a-methoxyN-methylbenzeneacetamide in or on
lettuce, head at 0.08 ppm, and lettuce,
leaf at 4 ppm. The ‘‘Determination of
S2200 and De-Xy-S-2200 in Crops,’’
Method RM–48C–2B, which uses LC–
MS/MS, is used to measure and evaluate
the chemical. Contact: RD.
2. PP 0E8881. (EPA–HQ–2021–0156).
IR–4, Project Headquarters, Rutgers, The
State University of New Jersey, 500
College Road East, Suite 201 W,
Princeton, NJ 08450, requests to
establish a tolerance in 40 CFR 180.337
for residues of the fungicide/bactericide,
oxytetracycline,
(4S,4aR,5S,5aR,6S,12aS)-4(dimethylamino)-1,4,4a,5,5a,6,11,12aoctahydro-3,5,6,10,12,12a-hexahydroxy6-methyl-1,11-dioxo-2naphthacenecarboxamide, in or on the
commodities olive at 0.1 ppm, walnut,
black at 0.1 ppm and walnut, English at
0.1 ppm. A high-performance liquid
chromatography method with tandem
mass spectrometry detection (LC/MS/
MS) is used to measure and evaluate the
chemical. Contact: RD.
3. PP 1E8911. (EPA–HQ–OPP–2021–
0213). IR–4, Rutgers, The State
University of New Jersey, 500 College
Road East, Suite 201 W, Princeton, NJ
08540, requests to establish a tolerance
in 40 CFR part 180.434 for residues of
the fungicide, propiconazole, (1-[[2-(2,4dichlorophenyl)-4-propyl-1,3-dioxolan-
E:\FR\FM\01JNP1.SGM
01JNP1
29232
Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Proposed Rules
jbell on DSKJLSW7X2PROD with PROPOSALS
2-yl]methyl]-1H-1,2,4-triazole) and its
metabolites determined by measuring
only those propiconazole residues
convertible to 2,4-dichlorobenzoic acid
(2,4-DCBA) in or on the raw agricultural
commodity vegetable, brassica, head
and stem, group 5–16 at 4 ppm.
Analytical methods AG–626 and AG–
454A were developed for the
determination of residues of
propiconazole and its metabolites
containing the DCBA moiety and are
used to measure and evaluate the
chemical. Contact: RD.
4. PP 0F8838. (EPA–HQ–OPP–2020–
0728). Valent U.S.A. LLC, 1600 Riviera
Avenue, Suite 200, Walnut Creek, CA
94596 requests to establish a tolerance
in 40 CFR part 180 for residues of the
fungicide fluopicolide in or on the
following commodities: Cereal grains
(crop group 15), aspirated grain
fractions at 0.07 ppm; cereal grains
(crop group 15), grain at 0.02 ppm;
cereal grains (crop group 15), milled
VerDate Sep<11>2014
17:16 May 28, 2021
Jkt 253001
byproducts at 0.07 ppm; cotton gin
byproducts at 0.20 ppm; foliage of
legume vegetables (crop group 7), forage
at 0.15 ppm; foliage of legume
vegetables (crop group 7), hay, straw,
and vines at 0.20 ppm; forage, fodder
and straw of cereal grains (crop group
16) at 0.50 ppm; grass forage, fodder,
and hay (crop group 17) at 0.50 ppm;
legume vegetables (crop group 6), seed,
pea, bean (succulent or dried, except
listed beans) at 0.03 ppm; nongrass
animal feeds (crop group 18), forage,
fodder, straw and hay at 0.50 ppm;
oilseeds (crop group 20), refined oil at
0.10 ppm; oilseeds (crop group 20), seed
at 0.04 ppm; peanut hay at 0.60 ppm;
peanut nutmeat at 0.04 ppm; peanut,
refined oil at 0.10 ppm; soybean refined
oil at 0.08 ppm. Practical analytical
methods for detecting and measuring
levels of fluopicolide and its metabolites
have been developed and validated in/
on all appropriate plant and animal
matrices. Contact: RD.
PO 00000
Frm 00021
Fmt 4702
Sfmt 9990
5. PP 9F8777. (EPA–HQ–OPP–2019–
0542). Syngenta Crop Protection, LLC,
P.O. Box 18300, Greensboro, NC 27419,
requests to establish a tolerance in 40
CFR part 180 for residues of the
herbicide, bicyclopyrone, in or on
lemongrass, dried at 0.5 ppm;
lemongrass, fresh at 0.3 ppm; rosemary,
dried at 0.3 ppm; rosemary, fresh at 0.03
ppm; wormwood, dried at 0.09 ppm and
wormwood, fresh at 0.05 ppm. The
Analytical methods GRM030.05A,
GRM030.05B, GRM030.08A is used to
measure and evaluate the chemical
Bicyclopyrone. Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: May 12, 2021.
Delores Barber,
Director, Information Technology and
Resources Management Division, Office of
Program Support.
[FR Doc. 2021–11315 Filed 5–28–21; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\01JNP1.SGM
01JNP1
Agencies
[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Proposed Rules]
[Pages 29229-29232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11315]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 174 and 180
[EPA-HQ-OPP-2021-0088; FRL-10023-95]
Receipt of Pesticide Petitions Filed for Residues of Pesticide
Chemicals in or on Various Commodities May 2021
AGENCY: Environmental Protection Agency (EPA).
ACTION: Filing of petitions and request for comment.
-----------------------------------------------------------------------
SUMMARY: This document announces the Agency's receipt of initial
filings of pesticide petitions requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.
DATES: Comments must be received on or before July 1, 2021.
[[Page 29230]]
ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition (PP) of interest as shown in the
body of this document, 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 Confidential Business
Information (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.
FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505P), main telephone number: (703) 305-7090, email address:
[email protected]; or Charles Smith, Biopesticides and Pollution
Prevention Division (7511P), main telephone number: (703) 305-7090,
email address: [email protected]. The mailing address for each
contact person is: Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001. As part of the mailing address, include the contact person's
name, division, and mail code. The division to contact is listed at the
end of each pesticide petition summary.
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. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/comments.html.
3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.
II. What action is the Agency taking?
EPA is announcing receipt of pesticide petitions filed under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, requesting the establishment or modification of
regulations in 40 CFR part 174 or part 180 for residues of pesticide
chemicals in or on various food commodities. The Agency is taking
public comment on the requests before responding to the petitioners.
EPA is not proposing any particular action at this time. EPA has
determined that the pesticide petitions described in this document
contain data or information prescribed in FFDCA section 408(d)(2), 21
U.S.C. 346a(d)(2); however, EPA has not fully evaluated the sufficiency
of the submitted data at this time or whether the data supports
granting of the pesticide petitions. After considering the public
comments, EPA intends to evaluate whether and what action may be
warranted. Additional data may be needed before EPA can make a final
determination on these pesticide petitions.
Pursuant to 40 CFR 180.7(f), summaries of the petitions that are
the subject of this document, prepared by the petitioners, are included
in dockets EPA has created for these rulemakings. The dockets for these
petitions are available at https://www.regulations.gov.
As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notice of the petitions so that the public has an
opportunity to comment on these requests for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petitions may be obtained
through the petition summaries referenced in this unit.
A. Amended Tolerance Exemptions for Inerts (Except PIPS)
PP IN-11493. (EPA-HQ-OPP-2021-0274). ADAMA Makhteshim, Ltd. c/o
Makhteshim Agan of North America d/b/a ADAMA, 3120 Highwoods Blvd.,
Suite 100, Raleigh, NC 27604, requests to amend an exemption from the
requirement of a tolerance in 40 CFR 180.920 for residues of
acetophenone (CAS Reg. No. 98-86-2) when used as an inert ingredient in
pesticide formulations applied to growing crops. The petitioner
believes no analytical method is needed because it is not required for
an exemption from the requirement of a tolerance. Contact: RD.
B. Amended Tolerances for Inerts
PP IN-11407. (EPA-HQ-OPP-2021-0185). Management Contract Services,
Inc. on behalf of Landis International, Inc., P.O. Box 5126, Valdosta,
GA 31603, requests to amend the tolerance in 40 CFR 180.460 for
residues of Benoxacor (2,2-dichloro-1-(3-methyl-2,3-dihydro-1,4-
benzoxazin-4-yl) ethenone) (CAS Reg. No. 98730-04-2) when used as a
pesticide inert ingredient (safener) in pesticide formulations to
include any herbicide in or on raw agricultural commodities for which
tolerances have been established for those active ingredients at 0.01
parts per million (ppm). Adequate enforcement methodology, GC/NPD, is
available to enforce the tolerance expression. The analytical
methodology for the determination of benoxacor and its metabolites in
plant and animal commodities is Ciba Analytical Method AG536(C).
Contact: RD.
[[Page 29231]]
C. New Tolerance Exemptions for Inerts (Except PIPS)
1. PP IN-11401. (EPA-HQ-OPP-2021-0308). The Innovative Reform Group
on behalf of The Clorox Company, P.O. Box 493, Pleasanton, CA 94566-
0803, requests to establish an exemption from the requirement of a
tolerance under 40 CFR part 180.940(a) for residues of various
fragrance components (CAS Reg No. multiple) when used as inert
ingredients in antimicrobial pesticide formulations for use on food
contract surfaces in public eating places, dairy processing equipment,
and food processing equipment and utensils at end-use concentrations
not to exceed 33 ppm. Contact: RD.
2. PP IN-11402. (EPA-HQ-OPP-2021-0311). The Innovative Reform Group
on behalf of The Clorox Company, P.O. Box 493, Pleasanton, CA 94566-
0803, requests to establish an exemption from the requirement of a
tolerance under 40 CFR part 180.940(a) for residues of various
fragrance components (CAS Reg No. multiple) when used as inert
ingredients in antimicrobial pesticide formulations for use on food
contract surfaces in public eating places, dairy processing equipment,
and food processing equipment and utensils at end-use concentrations
not to exceed 5 ppm. Contact: RD.
3. PP IN-11409. (EPA-HQ-OPP-2021-0321). Evonik Corporation, 299
Jefferson Road, Parsippany, NJ 07054, requests to establish an
exemption from the requirement of a tolerance for residues of Silane,
hexadecyltrimethoxy-, hydrolysis products with silica (CAS Reg. No.
199876-45-4) when used as a pesticide inert ingredient (stabilizer) in
pesticide formulations under 40 CFR part 180.910 and 180.950. The
petitioner believes no analytical method is needed because it is not
required for an exemption from the requirement of a tolerance. Contact:
RD.
4. IN-11410. (EPA-HQ-OPP-2021-0292). Spring Regulatory Sciences
(6620 Cypresswood Dr., Suite 250 Spring, TX 77379) on behalf of Earth
Science Laboratories, Inc., (113 SE 22nd Street, Suite 1, Bentonville,
AR 72712) requests to establish an exemption from the requirement of a
tolerance for residues of polyammonium bisulfate (CAS Reg. No. 10043-
02-4) to include the use as an inert ingredient (carrier, adjuvant,
buffer and stabilizer) applied to growing crops pre- and post-harvest
under 40 CFR part 180.910 and in antimicrobial formulations applied to
food-contact surfaces in public eating places, dairy-processing
equipment, and food-processing equipment and utensils under 40 CFR part
180.940(a). The petitioner believes no analytical method is needed
because it is not required for an exemption from the requirement of a
tolerance. Contact: RD.
5. PP IN-11458. (EPA-HQ-OPP-2021-0273). Ingredion Incorporated, 5
Westbrook Corporate Center, Westchester, IL 60154, requests to
establish an exemption from the requirement of a tolerance for residue
of starch, 1-octenylbutanedioate, aluminum salt (CAS Reg. No. 9087-61-
0) when used as an inert ingredient in pesticide formulations applied
to growing crops under 40 CFR 180.920. The petitioner believes no
analytical method is needed because it is not required for an exemption
from the requirement of a tolerance. Contact: RD.
6. PP IN-11514. (EPA-HQ-OPP-2021-0320). Spring Regulatory Sciences,
6620 Cypresswood Dr, Suite 250, Spring, TX 77379 on behalf of Nouryon
Chemicals LLC, requests to establish an exemption from the requirement
of a tolerance in 40 CFR part 180.960 for residues of Glycerides, soya
mono- and di-ethoxylated (CAS Reg. No. 68553-06-0) when used as a
pesticide inert ingredient in pesticide formulations Joint Inerts Task
Force Cluster Support. The petitioner believes no analytical method is
needed because it is not required for an exemption from the requirement
of a tolerance. Contact: RD.
7. PP IN-11515. (EPA-HQ-OPP-2021-0323). Spring Regulatory Sciences,
6620 Cypresswood Dr., Suite 250, Spring, TX 77379 on behalf of Nouryon
Chemicals LLC, requests to establish an exemption from the requirement
of a tolerance in 40 CFR part 180.910 and 180.930 for residues of
Oxirane, 2-methyl-, polymer with oxirane, mono-C9-11-isoalkyl ethers,
C10-rich, phosphates, potassium salts (CAS Reg. No. 2275654-37-8) when
used as a pesticide inert ingredient in pesticide formulations Joint
Inerts Task Force Cluster Support. The petitioner believes no
analytical method is needed because it is not required for an exemption
from the requirement of a tolerance. Contact: RD.
D. New Tolerance Exemptions for Non-Inerts (Except PIPS)
PP 0F8851. (EPA-HQ-OPP-2021-0232). Biofungitek, S.L., Parque
Cient[iacute]fico y Tecnol[oacute]gico de Bizkaia, Astondo Bidea
(Building 612), 48160 Derio, Spain (c/o Compliance Services
International, 7501 Bridgeport Way West, Lakewood, WA 94899), requests
to establish an exemption from the requirement of a tolerance in 40 CFR
part 180 for residues of the biochemical fungicide potassium carbonate
in or on all agricultural food commodities. The petitioner believes no
analytical method is needed because the requirement is not applicable
as an exemption from tolerance has been submitted. Potassium carbonate,
a salt occurring abundantly in nature, would dissociate into its
component ions (potassium and carbonate) once dissolved in water for
application. In turn, carbonate will be part of an equilibrium mixture
of bicarbonate, carbonate, and carbonic acid.Being naturally abundant,
these ions would add to the like ions that already exist in the
environment. Potassium and carbonate ions would be indistinguishable
from the natural background of inorganic ions. Contact: BPPD.
E. New Tolerances for Non-Inerts
1. PP 0E8888. (EPA-HQ-OPP-2021-0204). Interregional Research
Project Number 4 (IR-4), IR-4 Project Headquarters, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201 W,
Princeton, NJ 08450, requests to establish a tolerance in 40 CFR
180.690 for residues of the fungicide, mandestrobin, 2-[(2,5-
dimethylphenoxy)methyl]-[alpha]-methoxy-N-methylbenzeneacetamide in or
on lettuce, head at 0.08 ppm, and lettuce, leaf at 4 ppm. The
``Determination of S2200 and De-Xy-S-2200 in Crops,'' Method RM-48C-2B,
which uses LC-MS/MS, is used to measure and evaluate the chemical.
Contact: RD.
2. PP 0E8881. (EPA-HQ-2021-0156). IR-4, Project Headquarters,
Rutgers, The State University of New Jersey, 500 College Road East,
Suite 201 W, Princeton, NJ 08450, requests to establish a tolerance in
40 CFR 180.337 for residues of the fungicide/bactericide,
oxytetracycline, (4S,4aR,5S,5aR,6S,12aS)-4-(dimethylamino)-
1,4,4a,5,5a,6,11,12a-octahydro-3,5,6,10,12,12a-hexahydroxy-6-methyl-
1,11-dioxo-2-naphthacenecarboxamide, in or on the commodities olive at
0.1 ppm, walnut, black at 0.1 ppm and walnut, English at 0.1 ppm. A
high-performance liquid chromatography method with tandem mass
spectrometry detection (LC/MS/MS) is used to measure and evaluate the
chemical. Contact: RD.
3. PP 1E8911. (EPA-HQ-OPP-2021-0213). IR-4, Rutgers, The State
University of New Jersey, 500 College Road East, Suite 201 W,
Princeton, NJ 08540, requests to establish a tolerance in 40 CFR part
180.434 for residues of the fungicide, propiconazole, (1-[[2-(2,4-
dichlorophenyl)-4-propyl-1,3-dioxolan-
[[Page 29232]]
2-yl]methyl]-1H-1,2,4-triazole) and its metabolites determined by
measuring only those propiconazole residues convertible to 2,4-
dichlorobenzoic acid (2,4-DCBA) in or on the raw agricultural commodity
vegetable, brassica, head and stem, group 5-16 at 4 ppm. Analytical
methods AG-626 and AG-454A were developed for the determination of
residues of propiconazole and its metabolites containing the DCBA
moiety and are used to measure and evaluate the chemical. Contact: RD.
4. PP 0F8838. (EPA-HQ-OPP-2020-0728). Valent U.S.A. LLC, 1600
Riviera Avenue, Suite 200, Walnut Creek, CA 94596 requests to establish
a tolerance in 40 CFR part 180 for residues of the fungicide
fluopicolide in or on the following commodities: Cereal grains (crop
group 15), aspirated grain fractions at 0.07 ppm; cereal grains (crop
group 15), grain at 0.02 ppm; cereal grains (crop group 15), milled
byproducts at 0.07 ppm; cotton gin byproducts at 0.20 ppm; foliage of
legume vegetables (crop group 7), forage at 0.15 ppm; foliage of legume
vegetables (crop group 7), hay, straw, and vines at 0.20 ppm; forage,
fodder and straw of cereal grains (crop group 16) at 0.50 ppm; grass
forage, fodder, and hay (crop group 17) at 0.50 ppm; legume vegetables
(crop group 6), seed, pea, bean (succulent or dried, except listed
beans) at 0.03 ppm; nongrass animal feeds (crop group 18), forage,
fodder, straw and hay at 0.50 ppm; oilseeds (crop group 20), refined
oil at 0.10 ppm; oilseeds (crop group 20), seed at 0.04 ppm; peanut hay
at 0.60 ppm; peanut nutmeat at 0.04 ppm; peanut, refined oil at 0.10
ppm; soybean refined oil at 0.08 ppm. Practical analytical methods for
detecting and measuring levels of fluopicolide and its metabolites have
been developed and validated in/on all appropriate plant and animal
matrices. Contact: RD.
5. PP 9F8777. (EPA-HQ-OPP-2019-0542). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish a
tolerance in 40 CFR part 180 for residues of the herbicide,
bicyclopyrone, in or on lemongrass, dried at 0.5 ppm; lemongrass, fresh
at 0.3 ppm; rosemary, dried at 0.3 ppm; rosemary, fresh at 0.03 ppm;
wormwood, dried at 0.09 ppm and wormwood, fresh at 0.05 ppm. The
Analytical methods GRM030.05A, GRM030.05B, GRM030.08A is used to
measure and evaluate the chemical Bicyclopyrone. Contact: RD.
Authority: 21 U.S.C. 346a.
Dated: May 12, 2021.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2021-11315 Filed 5-28-21; 8:45 am]
BILLING CODE 6560-50-P