Dimethyl Sulfoxide; Exemption From the Requirement of a Tolerance, 61531-61534 [2022-22129]
Download as PDF
Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Rules and Regulations
61531
TABLE 3 TO PARAGRAPH (e)(1)(i)
Unit
Boilers
Boilers
Boilers
Boilers
1,
1,
1,
1,
2,
2,
2,
2,
and
and
and
and
3
3
3
3
(combined) ................................................................
(combined) ................................................................
and Flares 1 and 2 (combined) ................................
and Flares 1 and 2 (combined) ................................
(ii) [Reserved]
(2) Monitoring requirements. (i) The
owner or operator shall maintain and
operate in a satisfactory manner a
device to monitor and record the SO2
emissions from Boilers 1, 2, and 3 on a
continuous basis. Installation and
operation of each CEMS shall meet the
timelines, requirements and reporting
detailed in 40 CFR part 60, appendix F.
If the owner or operator chooses to use
a Predictive Emissions Monitoring
System (PEMS) in lieu of a CEMS to
monitor SO2 emissions, the permittee
shall follow the protocol delineated in
Performance Specification 16 in
appendix B of 40 CFR part 60.
(ii) The owner or operator shall verify
compliance with the emission limits for
Boilers 1, 2 and 3 and Flares 1 and 2
(combined) by following the procedures
and methodologies contained in the
document entitled ‘‘Protocol for
Demonstrating Continuous Compliance
with the Emission Limitations of ROP
MI–ROP–N6631–2004’’ dated May 31,
2011, or subsequent revisions to this
document approved by EPA.
[FR Doc. 2022–21662 Filed 10–11–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2021–0774; FRL–10239–01–
OCSPP]
Dimethyl Sulfoxide; Exemption From
the Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
jspears on DSK121TN23PROD with RULES
VerDate Sep<11>2014
17:15 Oct 11, 2022
Jkt 259001
Time period/operating scenario
420 lbs/hr .......................................
1839.6 tons per year .....................
840 lbs/hr .......................................
2947.7 tons per year .....................
Daily average.
12-month rolling time period.
Daily average.
12-month rolling time period as
determined at the end of each
calendar month.
(FFDCA), requesting an amendment to
an existing tolerance exemption. This
regulation eliminates the need to
establish a maximum permissible level
for residues of dimethyl sulfoxide for
pre-harvest applications.
DATES: This regulation is effective
October 12, 2022. Objections and
requests for hearings must be received
on or before December 12, 2022, 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–2021–0774, 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 and OPP Docket
is (202) 566–1744. For the latest status
information on EPA/DC services, docket
access, visit https://www.epa.gov/
dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Registration
Division (7505T), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (202) 566–1030;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
This regulation establishes an
exemption from the requirement of a
tolerance for residues of dimethyl
sulfoxide (CAS Reg. No. 67–68–5) when
used as an inert ingredient (solvent, cosolvent), in pesticide formulations for
pre-harvest applications, including postemergence use. Exponent, Inc., on
behalf of Gaylord Chemical Company
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
SUMMARY:
SO2 emission limit
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:
PO 00000
Frm 00087
Fmt 4700
Sfmt 4700
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Office of the Federal
Register’s e-CFR site at https://
www.ecfr.gov/current/title-40.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), 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–2021–0774 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
December 12, 2022. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b), although the Office of the
Administrative Law Judges, which
houses the Hearing Clerk, encourages
parties to file objections and hearing
requests electronically. See https://
www.epa.gov/sites/default/files/202005/documents/2020-04-10_-_order_
urging_electronic_service_and_
filing.pdf.
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–
E:\FR\FM\12OCR1.SGM
12OCR1
61532
Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Rules and Regulations
2021–0774, 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.
jspears on DSK121TN23PROD with RULES
II. Petition for Exemption
In the Federal Register of February
25, 2022 (87 FR 10760) (FRL–9410–01),
EPA issued a document pursuant to
FFDCA section 408, 21 U.S.C. 346a,
announcing the filing of a pesticide
petition (PP IN–11603) by Exponent,
Inc., 1150 Connecticut Ave., Suite 1100,
Washington, DC 20036, on behalf of
Gaylord Chemical Company, LLC, 106
Galeria Boulevard, Slidell, LA 70458.
The petition requested that 40 CFR
180.920 be amended by modifying an
exemption from the requirement of a
tolerance for residues of dimethyl
sulfoxide (CAS Reg. No. 67–68–5) by
allowing its use as an inert ingredient
(solvent, co-solvent) in pesticide
formulations applied for pre-harvest
applications, including post-emergence
use. That document referenced a
summary of the petition prepared by
Exponent, Inc. on behalf of Gaylord
Chemical Company, the petitioner,
which is available in the docket, https://
www.regulations.gov. There were no
comments received in response to the
notice of filing.
III. Inert Ingredient Definition
Inert ingredients are all ingredients
that are not active ingredients as defined
in 40 CFR 153.125 and include, but are
not limited to, the following types of
ingredients (except when they have a
pesticidal efficacy of their own):
Solvents such as alcohols and
hydrocarbons; surfactants such as
polyoxyethylene polymers and fatty
acids; carriers such as clay and
diatomaceous earth; thickeners such as
carrageenan and modified cellulose;
wetting, spreading, and dispersing
agents; propellants in aerosol
dispensers; microencapsulating agents;
VerDate Sep<11>2014
17:15 Oct 11, 2022
Jkt 259001
and emulsifiers. The term ‘‘inert’’ is not
intended to imply nontoxicity; the
ingredient may or may not be
chemically active. Generally, EPA has
exempted inert ingredients from the
requirement of a tolerance based on the
low toxicity of the individual inert
ingredients.
IV. Aggregate Risk Assessment and
Determination of Safety
Section 408(c)(2)(A)(i) of FFDCA
allows EPA to establish an exemption
from the requirement for a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and in
residential settings but does not include
occupational exposure. Section
408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure
of infants and children to the pesticide
chemical residue in establishing a
tolerance and to ‘‘ensure that there is a
reasonable certainty that no harm will
result to infants and children from
aggregate exposure to the pesticide
chemical residue. . . .’’
EPA establishes exemptions from the
requirement of a tolerance only in those
cases where it can be clearly
demonstrated that the risks from
aggregate exposure to pesticide
chemical residues under reasonably
foreseeable circumstances will pose no
appreciable risks to human health. In
order to determine the risks from
aggregate exposure to pesticide inert
ingredients, the Agency considers the
toxicity of the inert in conjunction with
possible exposure to residues of the
inert ingredient through food, drinking
water, and through other exposures that
occur as a result of pesticide use in
residential settings. If EPA is able to
determine that a finite tolerance is not
necessary to ensure that there is a
reasonable certainty that no harm will
result from aggregate exposure to the
inert ingredient, an exemption from the
requirement of a tolerance may be
established.
Consistent with FFDCA section
408(c)(2)(A), and the factors specified in
FFDCA section 408(c)(2)(B), EPA has
reviewed the available scientific data
and other relevant information in
support of this action. EPA has
sufficient data to assess the hazards of
and to make a determination on
PO 00000
Frm 00088
Fmt 4700
Sfmt 4700
aggregate exposure for dimethyl
sulfoxide including exposure resulting
from the exemption established by this
action. EPA’s assessment of exposures
and risks associated with dimethyl
sulfoxide follows.
A. Toxicological Profile
The toxicological profile of dimethyl
sulfoxide remains unchanged from the
Toxicological Profile in Unit IV.A. of the
October 9, 2015, rulemaking (80 FR
61125) (FRL–9934–17). Refer to that
section for a discussion of the
toxicological profile of dimethyl
sulfoxide.
B. Toxicological Points of Departure/
Levels of Concern
The toxicological points of departure/
levels of concern of dimethyl sulfoxide
remains unchanged from the
Toxicological Points of Departure/
Levels of Concern discussion in Unit
IV.B. of the October 9, 2015, rulemaking
(80 FR 61125) (FRL–9934–17). No
endpoints of concern were identified.
Refer to that section for a discussion of
the toxicological points of departure/
levels of concern of dimethyl sulfoxide.
C. Exposure Assessment
The exposure assessment for dimethyl
sulfoxide remains unchanged from the
discussion in Unit IV.C. of the October
9, 2015, rulemaking and supporting
human health risk assessment
(September 11, 2015). Refer to that
section for a discussion of the exposure
assessment for dimethyl sulfoxide.
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.’’
Based on the lack of toxicity in the
available database, EPA has not found
dimethyl sulfoxide to share a common
mechanism of toxicity with any other
substances, and dimethyl sulfoxide does
not appear to produce a toxic metabolite
produced by other substances. For the
purposes of this tolerance exemption,
therefore, EPA has assumed that
dimethyl sulfoxide does not have a
common mechanism of toxicity with
other substances. For information
regarding EPA’s efforts to determine
which chemicals have a common
mechanism of toxicity and to evaluate
the cumulative effects of such
chemicals, see EPA’s website at https://
www.epa.gov/pesticide-science-and-
E:\FR\FM\12OCR1.SGM
12OCR1
Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Rules and Regulations
assessing-pesticide-risks/cumulativeassessment-risk-pesticides.
jspears on DSK121TN23PROD with RULES
D. Safety Factor for Infants and
Children
Section 408(b)(2)(C) of FFDCA
provides that EPA shall apply an
additional tenfold (10X) margin of safety
for infants and children in the case of
threshold effects to account for prenatal
and postnatal toxicity and the
completeness of the database on toxicity
and exposure unless EPA determines
based on reliable data that a different
margin of safety will be safe for infants
and children. This additional margin of
safety is commonly referred to as the
Food Quality Protection Act (FQPA)
Safety Factor (SF). In applying this
provision, EPA either retains the default
value of 10X, or uses a different
additional safety factor when reliable
data available to EPA support the choice
of a different factor.
Because there are no threshold effects
associated with dimethyl sulfoxide, EPA
conducted a qualitative assessment. As
part of that assessment, the Agency did
not use safety factors for assessing risk,
and no additional safety factor is needed
for assessing risk to infants and
children. Based on an assessment of
dimethyl sulfoxide EPA has concluded
that there are no toxicological endpoints
of concern for the U.S. population,
including infants and children.
E. Aggregate Risks and Determination of
Safety
The aggregate exposure assessment for
dimethyl sulfoxide remains unchanged
from the discussion in Unit IV.E. of the
October 9, 2015, rulemaking and
supporting human health risk
assessment. Refer to that section for a
detailed discussion of the aggregate
assessment for dimethyl sulfoxide (these
documents can be found at https://
www.regulations.gov under docket ID
numbers EPA–HQ–OPP–2014–0630 and
EPA–HQ–OPP–2021–00774). In
summary, qualitative dietary, residential
and aggregate assessments were
performed due to the lack of toxicity
endpoints of concern. There was no
dietary, residential or aggregate risks of
concern for the U.S. population and all
subpopulations. Based on this human
health risk assessment, an exemption
from the requirement of a tolerance was
established for residues of dimethyl
sulfoxide under 40 CFR 180.920 for use
before crop emerges from soil or prior to
formation of edible parts of food plants;
for pesticide formulations used after
crop emerges but before harvest. This
limitation was based on concerns
regarding the chemical properties of
dimethyl sulfoxide that could result in
VerDate Sep<11>2014
17:15 Oct 11, 2022
Jkt 259001
increased active ingredient residues.
However, the petitioner submitted a
comparative field trial residue study
showing that dimethyl sulfoxide as an
inert ingredient in pesticide
formulations does not increase active
ingredient residues. EPA has concluded
that the use of dimethyl sulfoxide as an
inert ingredient in pesticide
formulations does not increase active
ingredient residues; nor is it expected to
result in active ingredient residue levels
that exceed established tolerances.
Therefore, since there is no concern for
increased active ingredient residues on
treated crops due to dimethyl sulfoxide
and there are no endpoints of concern
for dimethyl sulfoxide, the qualitative
dietary, non-dietary risk, and aggregate
assessments performed in 2015 are
appropriate and remain unchanged. As
a result, the Agency has determined that
a tolerance is not necessary to protect
public health.
Therefore, based on the risk
assessments and information described
above, EPA concludes there is a
reasonable certainty that no harm will
result to the general population, or to
infants and children, from aggregate
exposure to dimethyl sulfoxide.
V. Other Considerations
Analytical Enforcement Methodology
An analytical method is not required
for enforcement purposes since the
Agency is establishing an exemption
from the requirement of a tolerance
without any numerical limitation.
VI. Conclusions
Therefore, an exemption from the
requirement of a tolerance is established
under 40 CFR 180.920 for dimethyl
sulfoxide (CAS Reg. No. 67–68–5) when
used as an inert ingredient (solvent, cosolvent) in pesticide formulations preharvest applications, including postemergence use.
VII. Statutory and Executive Order
Reviews
This action establishes a tolerance
exemption 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
PO 00000
Frm 00089
Fmt 4700
Sfmt 4700
61533
22, 2001) or Executive Order 13045,
entitled ‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997).
This action does not contain any
information collections subject to OMB
approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et
seq.), nor does it require any special
considerations under Executive Order
12898, entitled ‘‘Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance 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).
VIII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
E:\FR\FM\12OCR1.SGM
12OCR1
61534
Federal Register / Vol. 87, No. 196 / Wednesday, October 12, 2022 / Rules and Regulations
Dated: October 5, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office
of Pesticide Programs.
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.
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR part
180 as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.920, amend table 1 by:
■ a. Removing the entry for ‘‘Dimethyl
sulfoxide’’; and
■ b. Revising the entry ‘‘Dimethyl
sulfoxide (CAS Reg. No. 67–68–5)’’.
The revision reads as follows:
■
§ 180.920 Inert ingredients used preharvest; exemptions from the requirement
of a tolerance.
1. The authority citation for part 180
continues to read as follows:
■
*
*
*
*
*
TABLE 1 TO 180.920
Inert ingredients
Limits
*
*
*
*
Dimethyl sulfoxide (CAS Reg. No. 67–68–5) ...............................................................
*
........................
*
*
*
*
178 (see also Unit I.C. of the
BILLING CODE 6560–50–P
SUPPLEMENTARY INFORMATION).
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2021–0422, 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 and the OPP
Docket is (202) 566–1744. For the latest
status information on EPA/DC services,
docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Smith, Biopesticides and
Pollution Prevention Division (7511M),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(202) 566–1400; email address:
BPPDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
40 CFR Part 180
[EPA–HQ–OPP–2021–0422; FRL–9994–01–
OCSPP]
Lysate of Willaertia magna C2c Maky;
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 Lysate of
Willaertia magna C2c Maky in or on raw
agricultural commodities and processed
food, when used in accordance with
label directions and good agricultural
practices. The Amoe´ba SA, 38 ave des
Fre`res Montgolfier, F–69680 Chassieu,
France, submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of Lysate
of Willaertia magna C2c Maky when
used in accordance with this exemption.
DATES: This regulation is effective
October 12, 2022. Objections and
requests for hearings must be received
on or before December 12, 2022, and
must be filed in accordance with the
instructions provided in 40 CFR part
jspears on DSK121TN23PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:15 Oct 11, 2022
Jkt 259001
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,
greenhouse owner, or pesticide
manufacturer. The following list of
North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
PO 00000
Frm 00090
Fmt 4700
*
Solvent/co-solvent.
*
[FR Doc. 2022–22129 Filed 10–11–22; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
Uses
Sfmt 4700
*
*
*
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Office of the Federal
Register’s e-CFR site at https://
www.ecfr.gov/current/title-40.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), 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–2021–0422 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
December 12, 2022. 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
E:\FR\FM\12OCR1.SGM
12OCR1
Agencies
[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Rules and Regulations]
[Pages 61531-61534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22129]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2021-0774; FRL-10239-01-OCSPP]
Dimethyl Sulfoxide; 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 dimethyl sulfoxide (CAS Reg. No. 67-68-
5) when used as an inert ingredient (solvent, co-solvent), in pesticide
formulations for pre-harvest applications, including post-emergence
use. Exponent, Inc., on behalf of Gaylord Chemical Company submitted a
petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA),
requesting an amendment to an existing tolerance exemption. This
regulation eliminates the need to establish a maximum permissible level
for residues of dimethyl sulfoxide for pre-harvest applications.
DATES: This regulation is effective October 12, 2022. Objections and
requests for hearings must be received on or before December 12, 2022,
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-2021-0774, 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 and OPP Docket is (202) 566-1744. For the latest status
information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; 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).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
B. How can I get electronic access to other related information?
You may access a frequently updated electronic version of 40 CFR
part 180 through the Office of the Federal Register's e-CFR site at
https://www.ecfr.gov/current/title-40.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a(g), 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-2021-0774 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
December 12, 2022. Addresses for mail and hand delivery of objections
and hearing requests are provided in 40 CFR 178.25(b), although the
Office of the Administrative Law Judges, which houses the Hearing
Clerk, encourages parties to file objections and hearing requests
electronically. See https://www.epa.gov/sites/default/files/2020-05/documents/2020-04-10_-_order_urging_electronic_service_and_filing.pdf.
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-
[[Page 61532]]
2021-0774, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.
II. Petition for Exemption
In the Federal Register of February 25, 2022 (87 FR 10760) (FRL-
9410-01), EPA issued a document pursuant to FFDCA section 408, 21
U.S.C. 346a, announcing the filing of a pesticide petition (PP IN-
11603) by Exponent, Inc., 1150 Connecticut Ave., Suite 1100,
Washington, DC 20036, on behalf of Gaylord Chemical Company, LLC, 106
Galeria Boulevard, Slidell, LA 70458. The petition requested that 40
CFR 180.920 be amended by modifying an exemption from the requirement
of a tolerance for residues of dimethyl sulfoxide (CAS Reg. No. 67-68-
5) by allowing its use as an inert ingredient (solvent, co-solvent) in
pesticide formulations applied for pre-harvest applications, including
post-emergence use. That document referenced a summary of the petition
prepared by Exponent, Inc. on behalf of Gaylord Chemical Company, the
petitioner, which is available in the docket, https://www.regulations.gov. There were no comments received in response to the
notice of filing.
III. Inert Ingredient Definition
Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.
IV. Aggregate Risk Assessment and Determination of Safety
Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . .''
EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will result from
aggregate exposure to the inert ingredient, an exemption from the
requirement of a tolerance may be established.
Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for dimethyl sulfoxide including
exposure resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with dimethyl sulfoxide
follows.
A. Toxicological Profile
The toxicological profile of dimethyl sulfoxide remains unchanged
from the Toxicological Profile in Unit IV.A. of the October 9, 2015,
rulemaking (80 FR 61125) (FRL-9934-17). Refer to that section for a
discussion of the toxicological profile of dimethyl sulfoxide.
B. Toxicological Points of Departure/Levels of Concern
The toxicological points of departure/levels of concern of dimethyl
sulfoxide remains unchanged from the Toxicological Points of Departure/
Levels of Concern discussion in Unit IV.B. of the October 9, 2015,
rulemaking (80 FR 61125) (FRL-9934-17). No endpoints of concern were
identified. Refer to that section for a discussion of the toxicological
points of departure/levels of concern of dimethyl sulfoxide.
C. Exposure Assessment
The exposure assessment for dimethyl sulfoxide remains unchanged
from the discussion in Unit IV.C. of the October 9, 2015, rulemaking
and supporting human health risk assessment (September 11, 2015). Refer
to that section for a discussion of the exposure assessment for
dimethyl sulfoxide.
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.''
Based on the lack of toxicity in the available database, EPA has
not found dimethyl sulfoxide to share a common mechanism of toxicity
with any other substances, and dimethyl sulfoxide does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this tolerance exemption, therefore, EPA has assumed that
dimethyl sulfoxide does not have a common mechanism of toxicity with
other substances. For information regarding EPA's efforts to determine
which chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's website at https://
www.epa.gov/pesticide-science-and-
[[Page 61533]]
assessing-pesticide-risks/cumulative-assessment-risk-pesticides.
D. Safety Factor for Infants and Children
Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold (10X) margin of safety for infants and children in
the case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the database on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. This additional margin of
safety is commonly referred to as the Food Quality Protection Act
(FQPA) Safety Factor (SF). In applying this provision, EPA either
retains the default value of 10X, or uses a different additional safety
factor when reliable data available to EPA support the choice of a
different factor.
Because there are no threshold effects associated with dimethyl
sulfoxide, EPA conducted a qualitative assessment. As part of that
assessment, the Agency did not use safety factors for assessing risk,
and no additional safety factor is needed for assessing risk to infants
and children. Based on an assessment of dimethyl sulfoxide EPA has
concluded that there are no toxicological endpoints of concern for the
U.S. population, including infants and children.
E. Aggregate Risks and Determination of Safety
The aggregate exposure assessment for dimethyl sulfoxide remains
unchanged from the discussion in Unit IV.E. of the October 9, 2015,
rulemaking and supporting human health risk assessment. Refer to that
section for a detailed discussion of the aggregate assessment for
dimethyl sulfoxide (these documents can be found at https://www.regulations.gov under docket ID numbers EPA-HQ-OPP-2014-0630 and
EPA-HQ-OPP-2021-00774). In summary, qualitative dietary, residential
and aggregate assessments were performed due to the lack of toxicity
endpoints of concern. There was no dietary, residential or aggregate
risks of concern for the U.S. population and all subpopulations. Based
on this human health risk assessment, an exemption from the requirement
of a tolerance was established for residues of dimethyl sulfoxide under
40 CFR 180.920 for use before crop emerges from soil or prior to
formation of edible parts of food plants; for pesticide formulations
used after crop emerges but before harvest. This limitation was based
on concerns regarding the chemical properties of dimethyl sulfoxide
that could result in increased active ingredient residues. However, the
petitioner submitted a comparative field trial residue study showing
that dimethyl sulfoxide as an inert ingredient in pesticide
formulations does not increase active ingredient residues. EPA has
concluded that the use of dimethyl sulfoxide as an inert ingredient in
pesticide formulations does not increase active ingredient residues;
nor is it expected to result in active ingredient residue levels that
exceed established tolerances. Therefore, since there is no concern for
increased active ingredient residues on treated crops due to dimethyl
sulfoxide and there are no endpoints of concern for dimethyl sulfoxide,
the qualitative dietary, non-dietary risk, and aggregate assessments
performed in 2015 are appropriate and remain unchanged. As a result,
the Agency has determined that a tolerance is not necessary to protect
public health.
Therefore, based on the risk assessments and information described
above, EPA concludes there is a reasonable certainty that no harm will
result to the general population, or to infants and children, from
aggregate exposure to dimethyl sulfoxide.
V. Other Considerations
Analytical Enforcement Methodology
An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.
VI. Conclusions
Therefore, an exemption from the requirement of a tolerance is
established under 40 CFR 180.920 for dimethyl sulfoxide (CAS Reg. No.
67-68-5) when used as an inert ingredient (solvent, co-solvent) in
pesticide formulations pre-harvest applications, including post-
emergence use.
VII. Statutory and Executive Order Reviews
This action establishes a tolerance exemption under FFDCA section
408(d) in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance
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).
VIII. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller
[[Page 61534]]
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: October 5, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR part 180 as follows:
PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD
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. 180.920, amend table 1 by:
0
a. Removing the entry for ``Dimethyl sulfoxide''; and
0
b. Revising the entry ``Dimethyl sulfoxide (CAS Reg. No. 67-68-5)''.
The revision reads as follows:
Sec. 180.920 Inert ingredients used pre-harvest; exemptions from the
requirement of a tolerance.
* * * * *
Table 1 to 180.920
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
Dimethyl sulfoxide (CAS Reg. No. .............. Solvent/co-solvent.
67-68-5).
* * * * * * *
------------------------------------------------------------------------
[FR Doc. 2022-22129 Filed 10-11-22; 8:45 am]
BILLING CODE 6560-50-P