1,4-Bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione in Pesticide Formulations; Tolerance Exemption, 15040-15046 [2024-04355]
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Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Rules and Regulations
commercial operations or programs and
policies.’’
The air agency did not evaluate
environmental justice considerations as
part of its submittal; the CAA and
applicable implementing regulations
neither prohibit nor require such an
evaluation. The EPA performed an
environmental justice analysis, as
described in the section titled
‘‘Environmental Justice Considerations’’
in the proposed rule associated with
this action (88 FR 72723, October 23,
2023). The analysis was done for the
purpose of providing additional context
and information about this rulemaking
to the public, not as a basis of the
action. Due to the nature of the action
being taken here, this action is expected
to have a neutral impact on the air
quality of the affected area. In addition,
there is no information in the record
upon which this action is based
inconsistent with the stated goal of E.O.
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 30, 2024.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 62
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Environmental protection, Air
pollution control, Incorporation by
reference, Reporting and recordkeeping
requirements.
Dated: February 22, 2024.
Earthea Nance,
Regional Administrator, Region 6.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 62 as
follows:
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PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart E—Arkansas
2. Amend § 62.850 by revising
paragraphs (c)(1) and (2) and removing
and reserving paragraph (c)(3) to read as
follows:
■
§ 62.850
*
■
Identification of plan.
*
*
*
*
(c) * * *
(1) Kraft pulp mills.
(2) Municipal solid waste landfills.
(3) [Reserved]
3. Revise § 62.855 to read as follows:
§ 62.855 Identification of plan—negative
declaration.
Submittal from the Arkansas
Department of Energy and Environment,
Division of Environmental Quality
(ADEQ) dated June 20, 2022, and
supplemented on August 24, 2022, and
August 31, 2022, certifying that there
are no known existing sulfuric acid
plants subject to the Sulfuric Acid
Plants Emission Guidelines and 40 CFR
part 60, subpart Cd, within its
jurisdiction.
■ 4. Revise § 62.865 to read as follows:
§ 62.865
Identification of plan.
(a) Identification of plan. Control of
air emissions from existing kraft pulp
mills, as adopted by the State of
Arkansas on January 28, 2022, and
submitted on June 20, 2022, by the
Governor in a letter dated May 12, 2022.
The plan includes the regulatory
provisions cited in paragraph (d) of this
section, which EPA incorporates by
reference.
(b) Identification of sources. The plan,
as adopted by the State of Arkansas on
January 28, 2022, and submitted on June
20, 2022, applies to existing kraft pulp
mills subject to the Kraft Pulp Mills
Emission Guidelines (i.e., kraft pulp
mills, as defined in 40 CFR 60.281(a),
that commenced construction,
reconstruction, or modification on or
before September 24, 1976) within its
jurisdiction in the State of Arkansas.
(c) Effective date. The effective date of
the plan is April 1, 2024.
(d) Incorporation by reference. The
material listed in this paragraph (d) is
incorporated by reference into this
section with the approval of the Director
of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. All approved
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incorporation by reference (IBR)
material is available for inspection at
the EPA and at the National Archives
and Records Administration (NARA).
Contact the EPA Region 6 office at 1201
Elm Street, Suite 500, Dallas, Texas
75270; phone 214–665–2200. For
information on the availability of this
material at NARA, visit
www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@
nara.gov. The material may be obtained
from the State of Arkansas, Office of the
Secretary of State, Arkansas Register,
State Capitol, Room 026, Little Rock, AR
72201, arkansasregister@
sos.arkansas.gov, https://
www.sos.arkansas.gov/rulesregulations/arkansas-register/.
(1) Arkansas Pollution Control and
Ecology Commission (APC&EC) Rule
No. 19, Rules of the Arkansas Plan of
Implementation for Air Pollution
Control, Chapter 8, 111(d) Designated
Facilities, approved January 28, 2022.
(2) [Reserved]
[FR Doc. 2024–04102 Filed 2–29–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2022–0595; FRL–11726–01–
OCSPP]
1,4-Bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione in Pesticide
Formulations; Tolerance Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione, when used as an
inert ingredient (colorant/dye) on
growing crops and raw agricultural
commodities pre- and post-harvest in/
on animals, limited to a maximum
concentration of 0.5% in a pesticide
formulation, and in antimicrobial
formulations applied to food-contact
surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils not
to exceed 300 ppm in the end-use
concentration. Spring Regulatory
Sciences on behalf of Colorants
Solutions (new name Heubach
Colorants USA LLC) submitted a
petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA),
requesting establishment of an
SUMMARY:
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exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of 1,4bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione, when used in
accordance with the terms of those
exemptions.
This regulation is effective
March 1, 2024. Objections and requests
for hearings must be received on or
before April 30, 2024 and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
DATES:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2022–0595, 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. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Smith, 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:
ADDRESSES:
I. General Information
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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).
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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–2022–0595 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 April
30, 2024. 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–
2022–0595, 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/where-sendcomments-epa-dockets#express.
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 August 30,
2022 (87 FR 52868, FRL–9410–04), EPA
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issued a document pursuant to FFDCA
section 408, 21 U.S.C. 346a, announcing
the filing of a pesticide petition (PP IN–
11698) by Spring Regulatory Sciences,
6620 Cypresswood Dr., Suite 250,
Spring, TX 77379 on behalf of Heubach
Colorants USA LLC, 4000 Monroe Road,
Charlotte, NC 28205. The petition
requested that 40 CFR be amended by
establishing an exemption from the
requirement of a tolerance for residues
of 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione (CAS Reg. No.
123944–63–8) when used as an inert
ingredient (colorant/dye) in pesticide
formulations applied to growing crops
or raw agricultural commodities preand post-harvest under 40 CFR 180.910,
in/on animals under 40 CFR 180.930,
and in food contact sanitizing solutions
under 40 CFR 180.940(a). That
document referenced a summary of the
petition prepared by Spring Regulatory
Sciences on behalf of Heubach
Colorants USA LLC, the petitioner,
which is available in the docket, https://
www.regulations.gov. There were no
comments received in response to the
notice of filing.
Based upon review of the data
supporting the petition and in
accordance with its authority under
FFDCA section 408(d)(4)(A)(i), EPA is
modifying the petitioner’s request to
limit the maximum concentration to no
more than 0.5% of 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione under 40 CFR
180.910, and 40 CFR 180.930, and not
to exceed 300 ppm in the end-use
concentration under 40 CFR 180.940(a).
This limitation is based on the Agency’s
risk assessment which can be found at
https://www.regulations.gov in
document IN–11698; 1,4-Bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione. Human Health
Risk Assessment and Ecological Effects
Assessment to Support Inert Ingredient
Approval for use in Pesticide
Formulations in docket ID number
EPA–HQ–OPP–2022–0595.
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
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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(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. When making a
safety determination for an exemption
for the requirement of a tolerance
FFDCA section 408(c)(2)(B) directs EPA
to consider the considerations in section
408(b)(2)(C) and (D). 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. . . .’’ Section
408(b)(2)(D) lists other factors for EPA
consideration making safety
determinations, e.g., the validity,
completeness, and reliability of
available data, nature of toxic effects,
available information concerning the
cumulative effects of the pesticide
chemical and other substances with a
common mechanism of toxicity, and
available information concerning
aggregate exposure levels to the
pesticide chemical and other related
substances, among others.
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
harm 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
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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 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione including
exposure resulting from the exemption
established by this action. EPA’s
assessment of exposures and risks
associated with 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione follows.
A. Toxicological Profile
EPA has evaluated the available
toxicity data and considered their
validity, completeness, and reliability as
well as the relationship of the results of
the studies to human risk. EPA has also
considered available information
concerning the variability of the
sensitivities of major identifiable
subgroups of consumers, including
infants and children. Specific
information on the studies received and
the nature of the adverse effects caused
by 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione as well as the noobserved-adverse-effect-level (NOAEL)
and the lowest-observed-adverse-effectlevel (LOAEL) from the toxicity studies
are discussed in this unit.
1,4-Bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione exhibits low
levels of acute toxicity via the oral and
dermal routes of exposure. In the rat, the
oral and dermal LD50s are greater than
2,000 milligrams/kilogram (mg/kg).
Acute inhalation toxicity is not
expected due to the very low vapor
pressure. It is not irritating to the rabbit
eye. It is not expected to be irritating to
the skin based on the absence of skin
irritation in the acute dermal toxicity
study and low exposure. It is not a
dermal sensitizer.
The most sensitive effects were
observed in a 28-day oral toxicity study
with 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione. Increased levels
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of methemoglobin, total bilirubin and
bile acids and decreased blood urea
nitrogen were observed in female rats at
the lowest observed adverse level
(LOAEL) of 330 mg/kg/day. The no
observed adverse effect level (NOAEL)
is 110 mg/kg/day. Fetal susceptibility
was not observed in the reproduction/
developmental toxicity screening study
in rats. Maternal (decreased thyroid
hormone levels) and offspring
(decreased bodyweights) toxicity was
observed at the same dose, the LOAEL
of 1,000 mg/kg/day. The NOAEL is 300
mg/kg/day. No reproduction toxicity
effects are seen in the available studies.
The concern for carcinogenicity is low,
based on QSAR metabolism data
showing the absence of metabolites
associated with carcinogenicity and
negative results in in vitro mutagenicity
studies.
Neurotoxicity and immunotoxicity
toxicity studies are not available for
review. However, no evidence of
neurotoxicity or immunotoxicity was
observed in the submitted studies.
B. Toxicological Points of Departure/
Levels of Concern
Once a pesticide’s toxicological
profile is determined, EPA identifies
toxicological points of departure (POD)
and levels of concern to use in
evaluating the risk posed by human
exposure to the pesticide. For hazards
that have a threshold below which there
is no appreciable risk, the toxicological
POD is used as the basis for derivation
of reference values for risk assessment.
PODs are developed based on a careful
analysis of the doses in each
toxicological study to determine the
dose at which 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
exposure level—generally referred to as
a population-adjusted dose (PAD) or a
reference dose (RfD)—and a safe margin
of exposure (MOE). For non-threshold
risks, the Agency assumes that any
amount of exposure will lead to some
degree of risk. Thus, the Agency
estimates risk in terms of the probability
of an occurrence of the adverse effect
expected in a lifetime. For more
information on the general principles
EPA uses in risk characterization and a
complete description of the risk
assessment process, see https://
www.epa.gov/pesticide-science-andassessing-pesticide-risks/overview-riskassessment-pesticide-program.
An acute dietary endpoint was not
selected because no effect attributable to
a single dose was identified in the
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database. The 28-day oral toxicity study
in rats is selected for the chronic dietary
exposure scenario as well as short- and
intermediate-term incidental oral,
dermal and inhalation exposure
scenarios. The NOAEL is 110 mg/kg/
day, and the LOAEL is 330 mg/kg/day
based on increased levels of
methemoglobin, total bilirubin and bile
acids and decreased blood urea nitrogen
in females. This study is appropriate for
the duration of exposure, it is protective
of the general population, and it is
protective of the most sensitive lifestage
(children). The standard inter- and
intra-species uncertainty factors of 10×
are applied. An additional 10×
uncertainty factor was applied to
account for the use of a short-term study
for chronic dietary exposure. The
default factor of 100% is applied for the
dermal absorption rate and the
inhalation absorption rate.
C. Exposure Assessment
1. Dietary exposure from food and
feed uses. In evaluating dietary
exposure to 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione, EPA considered
exposure under the proposed exemption
from the requirement of a tolerance.
EPA assessed dietary exposures from
1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione in food as follows:
In conducting the dietary exposure
assessment using the Dietary Exposure
Evaluation Model DEEM–FCIDTM,
Version 4.02, EPA used food
consumption information from the U.S.
Department of Agriculture’s (USDA’s)
2005–2010 National Health and
Nutrition Examination Survey, What We
Eat in America (NHANES/WWEIA). As
to residue levels in food, no residue data
were submitted for 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione. In the absence of
specific residue data, EPA has
developed an approach which uses
surrogate information to derive upper
bound exposure estimates for the
subject inert ingredient. Upper bound
exposure estimates are based on the
highest tolerance for a given commodity
from a list of high use insecticides,
herbicides, and fungicides. A complete
description of the general approach
taken to assess inert ingredient risks in
the absence of residue data is contained
in the memorandum entitled ‘‘Update to
D361707: Dietary Exposure and Risk
Assessments for the Inerts.’’ (12/21/
2021) and can be found at https://
www.regulations.gov in docket ID
number EPA–HQ–OPP–2018–0090. In
the dietary exposure assessments, the
Agency assumed that the residue level
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of the inert ingredient would be no
higher than the highest tolerance for a
given commodity. Implicit in this
assumption is that there would be
similar rates of degradation (if any)
between the active and inert ingredient
and that the concentration of inert
ingredient in the scenarios leading to
these highest levels of tolerances would
be no higher than the concentration of
the active ingredient.
The Agency believes the assumptions
used to estimate dietary exposures lead
to an extremely conservative assessment
of dietary risk due to a series of
compounded conservatisms. First,
assuming that the level of residue for an
inert ingredient is equal to the level of
residue for the active ingredient will
overstate exposure. The concentrations
of active ingredient in agricultural
products are generally at least 50
percent of the product and often can be
much higher. Further, pesticide
products rarely have a single inert
ingredient; rather there is generally a
combination of different inert
ingredients used which additionally
reduces the concentration of any single
inert ingredient in the pesticide product
in relation to that of the active
ingredient. In the case of 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione, EPA made a
specific adjustment to the dietary
exposure assessment to account for the
use limitations of the amount of 1,4bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione that may be in
pesticide formulations (limited to no
more than 0.5%) present at the
maximum limitation rather than at
equal quantities with the active
ingredient.
For the purpose of the screening level
dietary risk assessment to support this
request for an exemption from the
requirement of a tolerance for 1,4-bis[[3[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione, a conservative
drinking water concentration value of
100 parts per billion (ppb) based on
screening level modeling was used to
assess the contribution to drinking
water for chronic dietary risk
assessments for 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione.
To assess dietary exposure due to its
use in antimicrobial products, the EPA
calculated the Estimated Daily Intake
(EDI) and Daily Dietary Dose (DDD) as
described in the Food Drug
Administration (FDA) model, based on
a maximum concentration of 300 ppm
in the pesticide formulation. The
assessment considered: application
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rates, residual solution or quantity of
solution remaining on the treated
surface without rinsing with potable
water, surface area of the treated surface
which comes into contact with food,
pesticide migration fraction, and body
weight. These assumptions are based on
FDA guidelines (2003).
2. From non-dietary exposure. The
term ‘‘residential exposure’’ is used in
this document to refer to nonoccupational, non-dietary exposure
(e.g., for lawn and garden pest control,
indoor pest control, termiticides, and
flea and tick control on pets).
Although there are non-pesticidal
uses for 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione, no reliable
exposure information is available to
EPA on those uses. 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione may be used as an
inert ingredient in pesticide products
that are registered for specific uses that
may result in residential exposure, such
as pesticides used in and around the
home. Therefore, screening level
residential handler and post-application
risk assessments have been performed
for common residential exposure
scenarios, using assumptions detailed in
the 2012 Residential SOPs (available at
https://www.epa.gov/pesticide-scienceand-assessing-pesticide-risks/standardoperating-procedures-residentialpesticide).
3. 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.’’
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 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione to share a
common mechanism of toxicity with
any other substances, and 1,4-bis[[3-[2(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione does not appear to
produce a toxic metabolite produced by
other substances. For the purposes of
this tolerance exemption, therefore, EPA
has assumed that 1,4-bis[[3-[2-(2-
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hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione 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-andassessing-pesticide-risks/cumulativeassessment-risk-pesticides.
ddrumheller on DSK120RN23PROD with RULES1
D. Additional Safety Factor for the
Protection of Infants and Children
Section 408(b)(2)(C) of FFDCA
provides that EPA shall apply an
additional tenfold (10×) 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 10×, or uses a different
additional safety factor when reliable
data available to EPA support the choice
of a different factor.
Based on the evaluation of available
toxicity studies, there is low concern for
pre- and postnatal susceptibility from
exposure to chemical name. The FQPA
safety factor has been reduced to 1×
because: (1) the toxicity database is
adequate to characterize potential preand postnatal risk; (2) the established
PoD (110 mg/kg/day) will be protective
of the body weight decreases in
offspring seen at 1,000 mg/kg/day in the
combined reproduction/developmental
toxicity screening study in rats; (3) no
evidence of neurotoxicity was observed
in the database; and (4) the assumptions
for the exposure assessment are
conservative and unlikely to
underestimate risk.
E. Aggregate Risks and Determination of
Safety
EPA determines whether acute and
chronic dietary pesticide exposures are
safe by comparing aggregate exposure
estimates to the acute PAD (aPAD) and
chronic PAD (cPAD). For linear cancer
risks, EPA calculates the lifetime
probability of acquiring cancer given the
estimated aggregate exposure. Short-,
intermediate-, and chronic-term risks
are evaluated by comparing the
estimated aggregate food, water, and
residential exposure to the appropriate
PODs to ensure that an adequate MOE
exists.
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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, 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione is not expected to
pose an acute risk.
2. Chronic risk. Using the exposure
assumptions described in this unit for
chronic exposure, EPA has concluded
that chronic exposure to 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione from food and
water will utilize ∼20.4% and 53.3% of
the cPAD for the U.S. population and
children 1 to 2 years old and nonnursing infants (the most highly
exposed populations).
3. Short- and intermediate term risks.
Short- and intermediate term aggregate
exposures takes into account short- and
intermediate-term residential exposures
plus chronic exposures to food and
water (considered to be a background
exposure level).
1,4-Bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione is currently used
as an inert ingredient in non-pesticidal
products and pesticidal products that
are registered for uses that could result
in short- and intermediate-term
residential exposures, and the Agency
has determined that it is appropriate to
aggregate chronic exposures through
food and water with short- and
intermediate-term residential exposures
to 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione. Although, there
are non-pesticide exposures (i.e.
colorant for fabric and home care
products including laundry) to 1,4bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione, aggregate
exposures consider exposure due to
pesticide uses only since no reliable
exposure information is available for
non-pesticidal uses.
Using the exposure assumptions
described in this unit for short- and
intermediate-term exposures, EPA has
concluded the combined short- and
intermediate-term food, water, and
residential exposures result in an
aggregate risk index (ARI) of 4.3 for
adults. Adult residential exposure
combines high end dermal and
inhalation handler exposure from
aerosol spray/trigger pump with a highend post application dermal exposure
from contact with treated lawns. The
combined short- and intermediate-term
aggregated food, water, and residential
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
pesticide exposures result in an
aggregate ARI of 1.69 for children.
Children’s residential exposure includes
total exposures associated with contact
with treated lawns (dermal and hand-tomouth exposures). Because EPA’s level
of concern for 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione is an ARI of 1 or
below, these ARIs are not of concern.
V. Other Considerations
A. Analytical Enforcement Methodology
An analytical method is not required
for enforcement purposes since the
Agency is not establishing a numerical
tolerance for residues of 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione in or on any food
commodities. EPA is establishing a
limitation on the amount of 1,4-bis[[3[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione that may be used
in pesticide formulations applied preand post-harvest, in/on animals; and in
food contact sanitizing solutions. This
limitation will be enforced through the
pesticide registration process under the
Federal Insecticide, Fungicide, and
Rodenticide Act (‘‘FIFRA’’), 7 U.S.C.
136 et seq. EPA will not register any
pesticide formulation for food use that
exceeds 0.5% 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione in the final
pesticide formulations to be applied
pre- and post-harvest, in/on animals;
and not to exceed 300 ppm in the enduse concentration when ready for use
antimicrobial formulations (food-contact
surface sanitizing solutions).
B. Revisions to Petitioned-For
Tolerances
FFDCA section 408(d)(4)(A)(i) permits
the Agency to finalize a tolerance that
varies from that sought by the petition.
EPA is establishing a tolerance
exemption for residues of 1,4-bis[[3-[2(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione (CAS Reg. No.
123944–63–8) with concentration limits
not sought by the petition based on the
Agency’s risk assessment.
VI. Conclusions
Therefore, an exemption from the
requirement of a tolerance is established
for residues of 1,4-bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione (CAS Reg. No.
123944–63–8) when used as an inert
ingredient (colorant/dye) in pesticide
formulations applied to growing crops
and raw agricultural commodities after
harvest under 40 CFR 180.910 and in/
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on animals under 40 CFR 180.930,
limited to a maximum concentration of
0.5% in a pesticide formulation 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 180.940(a) not to exceed
300 ppm in the end-use concentration.
VII. Statutory and Executive Order
Reviews
This action establishes exemptions
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). 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 exemptions 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
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: February 26, 2024.
Charles Smith,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter I as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.910, amend table 1 to
180.910 by adding in alphabetical order
an entry for ‘‘1,4-Bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]9,10-anthracenedione (CAS Reg. No.
123944–63–8)’’ to read as follows:
■
§ 180.910 Inert ingredients used pre- and
post-harvest; exemptions from the
requirement of a tolerance.
*
*
*
*
*
TABLE 1 TO 180.910
Inert ingredients
Limits
*
*
1,4-Bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]-9,10anthracenedione (CAS Reg. No. 123944–
63–8).
*
*
*
0.5% by weight .................................................
*
*
*
3. In § 180.930, amend table 1 to
180.930 by adding in alphabetical order
an entry for ‘‘1,4-Bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]-
ddrumheller on DSK120RN23PROD with RULES1
■
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Jkt 262001
Uses
*
*
9,10-anthracenedione (CAS Reg. No.
123944–63–8)’’ to read as follows:
PO 00000
*
Dye, coloring agent.
*
Fmt 4700
Sfmt 4700
*
§ 180.930 Inert ingredients applied to
animals; exemptions from the requirement
of a tolerance.
*
Frm 00035
*
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*
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Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Rules and Regulations
TABLE 1 TO 180.930
Inert ingredients
Limits
*
*
1,4-Bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]-9,10anthracenedione (CAS Reg. No. 123944–
63–8).
*
*
*
0.5% by weight .................................................
*
*
*
4. In § 180.940, amend table 1 to
paragraph (a) by adding in alphabetical
order an entry for ‘‘1,4-Bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]-
■
Uses
*
*
Dye, coloring agent.
*
*
*
*
§ 180.940 Tolerance exemptions for active
and inert ingredients for use in
antimicrobial formulations (Food-contact
surface sanitizing solutions).
9,10-anthracenedione’’ to read as
follows:
*
*
*
(a) * * *
*
*
TABLE 1 TO PARAGRAPH (a)
Pesticide chemical
*
*
1,4-Bis[[3-[2-(2hydroxyethoxy)ethoxy]propyl]amino]-9,10anthracenedione.
*
*
Limits
*
*
*
123944–63–8 ....................................................
*
*
When ready for use, the end-use concentration is not to exceed 300 ppm.
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of various
fragrance components, when used in
accordance with the terms of those
exemptions.
40 CFR Part 180
DATES:
*
*
*
*
*
[FR Doc. 2024–04355 Filed 2–29–24; 8:45 am]
BILLING CODE 6560–50–P
[EPA–HQ–OPP–2020–0295; FRL–11719–01–
OCSPP]
Various Fragrance Components in
Pesticide Formulations; Tolerance
Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
19:41 Feb 29, 2024
Jkt 262001
This regulation is effective
March 1, 2024. Objections and requests
for hearings must be received on or
before April 30, 2024 and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2020–0295, 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.
ADDRESSES:
This regulation establishes
exemptions from the requirement of a
tolerance for residues of various
fragrance components listed in Unit II of
this document when they are used as
inert ingredients in antimicrobial
formulations applied to food-contact
surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils
when the end-use concentration does
not exceed 100 parts per million (ppm).
Innovative Reform Group, on behalf of
The Clorox Company, submitted a
petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA),
requesting establishment of an
SUMMARY:
ddrumheller on DSK120RN23PROD with RULES1
CAS Reg. No.
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
*
*
FOR FURTHER INFORMATION CONTACT:
Charles Smith, 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
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
E:\FR\FM\01MRR1.SGM
01MRR1
Agencies
[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Rules and Regulations]
[Pages 15040-15046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04355]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2022-0595; FRL-11726-01-OCSPP]
1,4-Bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione in Pesticide Formulations; Tolerance Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione, when used as
an inert ingredient (colorant/dye) on growing crops and raw
agricultural commodities pre- and post-harvest in/on animals, limited
to a maximum concentration of 0.5% in a pesticide formulation, and in
antimicrobial formulations applied to food-contact surfaces in public
eating places, dairy-processing equipment, and food-processing
equipment and utensils not to exceed 300 ppm in the end-use
concentration. Spring Regulatory Sciences on behalf of Colorants
Solutions (new name Heubach Colorants USA LLC) submitted a petition to
EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting
establishment of an
[[Page 15041]]
exemption from the requirement of a tolerance. This regulation
eliminates the need to establish a maximum permissible level for
residues of 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione, when used in accordance with the terms of those
exemptions.
DATES: This regulation is effective March 1, 2024. Objections and
requests for hearings must be received on or before April 30, 2024 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-2022-0595, 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. Please review the
visitor instructions and additional information about the docket
available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Charles Smith, 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-2022-0595 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
April 30, 2024. 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-2022-0595, 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/where-send-comments-epa-dockets#express.
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 August 30, 2022 (87 FR 52868, FRL-9410-
04), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the filing of a pesticide petition (PP IN-11698) by
Spring Regulatory Sciences, 6620 Cypresswood Dr., Suite 250, Spring, TX
77379 on behalf of Heubach Colorants USA LLC, 4000 Monroe Road,
Charlotte, NC 28205. The petition requested that 40 CFR be amended by
establishing an exemption from the requirement of a tolerance for
residues of 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione (CAS Reg. No. 123944-63-8) when used as an inert
ingredient (colorant/dye) in pesticide formulations applied to growing
crops or raw agricultural commodities pre- and post-harvest under 40
CFR 180.910, in/on animals under 40 CFR 180.930, and in food contact
sanitizing solutions under 40 CFR 180.940(a). That document referenced
a summary of the petition prepared by Spring Regulatory Sciences on
behalf of Heubach Colorants USA LLC, the petitioner, which is available
in the docket, https://www.regulations.gov. There were no comments
received in response to the notice of filing.
Based upon review of the data supporting the petition and in
accordance with its authority under FFDCA section 408(d)(4)(A)(i), EPA
is modifying the petitioner's request to limit the maximum
concentration to no more than 0.5% of 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione under 40 CFR
180.910, and 40 CFR 180.930, and not to exceed 300 ppm in the end-use
concentration under 40 CFR 180.940(a). This limitation is based on the
Agency's risk assessment which can be found at https://www.regulations.gov in document IN-11698; 1,4-Bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione. Human Health
Risk Assessment and Ecological Effects Assessment to Support Inert
Ingredient Approval for use in Pesticide Formulations in docket ID
number EPA-HQ-OPP-2022-0595.
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
[[Page 15042]]
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(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. When making a safety determination for an
exemption for the requirement of a tolerance FFDCA section 408(c)(2)(B)
directs EPA to consider the considerations in section 408(b)(2)(C) and
(D). 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. . .
.'' Section 408(b)(2)(D) lists other factors for EPA consideration
making safety determinations, e.g., the validity, completeness, and
reliability of available data, nature of toxic effects, available
information concerning the cumulative effects of the pesticide chemical
and other substances with a common mechanism of toxicity, and available
information concerning aggregate exposure levels to the pesticide
chemical and other related substances, among others.
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 harm 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 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione including
exposure resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione follows.
A. Toxicological Profile
EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the adverse effects caused by 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione as well as the
no-observed-adverse-effect-level (NOAEL) and the lowest-observed-
adverse-effect-level (LOAEL) from the toxicity studies are discussed in
this unit.
1,4-Bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione exhibits low levels of acute toxicity via the oral and
dermal routes of exposure. In the rat, the oral and dermal
LD50s are greater than 2,000 milligrams/kilogram (mg/kg).
Acute inhalation toxicity is not expected due to the very low vapor
pressure. It is not irritating to the rabbit eye. It is not expected to
be irritating to the skin based on the absence of skin irritation in
the acute dermal toxicity study and low exposure. It is not a dermal
sensitizer.
The most sensitive effects were observed in a 28-day oral toxicity
study with 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione. Increased levels of methemoglobin, total bilirubin and
bile acids and decreased blood urea nitrogen were observed in female
rats at the lowest observed adverse level (LOAEL) of 330 mg/kg/day. The
no observed adverse effect level (NOAEL) is 110 mg/kg/day. Fetal
susceptibility was not observed in the reproduction/developmental
toxicity screening study in rats. Maternal (decreased thyroid hormone
levels) and offspring (decreased bodyweights) toxicity was observed at
the same dose, the LOAEL of 1,000 mg/kg/day. The NOAEL is 300 mg/kg/
day. No reproduction toxicity effects are seen in the available
studies. The concern for carcinogenicity is low, based on QSAR
metabolism data showing the absence of metabolites associated with
carcinogenicity and negative results in in vitro mutagenicity studies.
Neurotoxicity and immunotoxicity toxicity studies are not available
for review. However, no evidence of neurotoxicity or immunotoxicity was
observed in the submitted studies.
B. Toxicological Points of Departure/Levels of Concern
Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which 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 exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/overview-risk-assessment-pesticide-program.
An acute dietary endpoint was not selected because no effect
attributable to a single dose was identified in the
[[Page 15043]]
database. The 28-day oral toxicity study in rats is selected for the
chronic dietary exposure scenario as well as short- and intermediate-
term incidental oral, dermal and inhalation exposure scenarios. The
NOAEL is 110 mg/kg/day, and the LOAEL is 330 mg/kg/day based on
increased levels of methemoglobin, total bilirubin and bile acids and
decreased blood urea nitrogen in females. This study is appropriate for
the duration of exposure, it is protective of the general population,
and it is protective of the most sensitive lifestage (children). The
standard inter- and intra-species uncertainty factors of 10x are
applied. An additional 10x uncertainty factor was applied to account
for the use of a short-term study for chronic dietary exposure. The
default factor of 100% is applied for the dermal absorption rate and
the inhalation absorption rate.
C. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione, EPA considered exposure under the proposed exemption
from the requirement of a tolerance. EPA assessed dietary exposures
from 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione in food as follows:
In conducting the dietary exposure assessment using the Dietary
Exposure Evaluation Model DEEM-FCIDTM, Version 4.02, EPA used food
consumption information from the U.S. Department of Agriculture's
(USDA's) 2005-2010 National Health and Nutrition Examination Survey,
What We Eat in America (NHANES/WWEIA). As to residue levels in food, no
residue data were submitted for 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione. In the absence
of specific residue data, EPA has developed an approach which uses
surrogate information to derive upper bound exposure estimates for the
subject inert ingredient. Upper bound exposure estimates are based on
the highest tolerance for a given commodity from a list of high use
insecticides, herbicides, and fungicides. A complete description of the
general approach taken to assess inert ingredient risks in the absence
of residue data is contained in the memorandum entitled ``Update to
D361707: Dietary Exposure and Risk Assessments for the Inerts.'' (12/
21/2021) and can be found at https://www.regulations.gov in docket ID
number EPA-HQ-OPP-2018-0090. In the dietary exposure assessments, the
Agency assumed that the residue level of the inert ingredient would be
no higher than the highest tolerance for a given commodity. Implicit in
this assumption is that there would be similar rates of degradation (if
any) between the active and inert ingredient and that the concentration
of inert ingredient in the scenarios leading to these highest levels of
tolerances would be no higher than the concentration of the active
ingredient.
The Agency believes the assumptions used to estimate dietary
exposures lead to an extremely conservative assessment of dietary risk
due to a series of compounded conservatisms. First, assuming that the
level of residue for an inert ingredient is equal to the level of
residue for the active ingredient will overstate exposure. The
concentrations of active ingredient in agricultural products are
generally at least 50 percent of the product and often can be much
higher. Further, pesticide products rarely have a single inert
ingredient; rather there is generally a combination of different inert
ingredients used which additionally reduces the concentration of any
single inert ingredient in the pesticide product in relation to that of
the active ingredient. In the case of 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione, EPA made a
specific adjustment to the dietary exposure assessment to account for
the use limitations of the amount of 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione that may be in
pesticide formulations (limited to no more than 0.5%) present at the
maximum limitation rather than at equal quantities with the active
ingredient.
For the purpose of the screening level dietary risk assessment to
support this request for an exemption from the requirement of a
tolerance for 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione, a conservative drinking water concentration value of
100 parts per billion (ppb) based on screening level modeling was used
to assess the contribution to drinking water for chronic dietary risk
assessments for 1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-
9,10-anthracenedione.
To assess dietary exposure due to its use in antimicrobial
products, the EPA calculated the Estimated Daily Intake (EDI) and Daily
Dietary Dose (DDD) as described in the Food Drug Administration (FDA)
model, based on a maximum concentration of 300 ppm in the pesticide
formulation. The assessment considered: application rates, residual
solution or quantity of solution remaining on the treated surface
without rinsing with potable water, surface area of the treated surface
which comes into contact with food, pesticide migration fraction, and
body weight. These assumptions are based on FDA guidelines (2003).
2. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., for lawn and garden pest control, indoor pest control,
termiticides, and flea and tick control on pets).
Although there are non-pesticidal uses for 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione, no reliable
exposure information is available to EPA on those uses. 1,4-bis[[3-[2-
(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione may be used
as an inert ingredient in pesticide products that are registered for
specific uses that may result in residential exposure, such as
pesticides used in and around the home. Therefore, screening level
residential handler and post-application risk assessments have been
performed for common residential exposure scenarios, using assumptions
detailed in the 2012 Residential SOPs (available at https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/standard-operating-procedures-residential-pesticide).
3. 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.''
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 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione to share a
common mechanism of toxicity with any other substances, and 1,4-bis[[3-
[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione does not
appear to produce a toxic metabolite produced by other substances. For
the purposes of this tolerance exemption, therefore, EPA has assumed
that 1,4-bis[[3-[2-(2-
[[Page 15044]]
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione 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-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.
D. Additional Safety Factor for the Protection of 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.
Based on the evaluation of available toxicity studies, there is low
concern for pre- and postnatal susceptibility from exposure to chemical
name. The FQPA safety factor has been reduced to 1x because: (1) the
toxicity database is adequate to characterize potential pre- and
postnatal risk; (2) the established PoD (110 mg/kg/day) will be
protective of the body weight decreases in offspring seen at 1,000 mg/
kg/day in the combined reproduction/developmental toxicity screening
study in rats; (3) no evidence of neurotoxicity was observed in the
database; and (4) the assumptions for the exposure assessment are
conservative and unlikely to underestimate risk.
E. Aggregate Risks and Determination of Safety
EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing aggregate exposure estimates to the
acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA
calculates the lifetime probability of acquiring cancer given the
estimated aggregate exposure. Short-, intermediate-, and chronic-term
risks are evaluated by comparing the estimated aggregate food, water,
and residential exposure to the appropriate PODs to ensure that an
adequate MOE exists.
1. Acute risk. An acute aggregate risk assessment takes into
account acute exposure estimates from dietary consumption of food and
drinking water. No adverse effect resulting from a single oral exposure
was identified and no acute dietary endpoint was selected. Therefore,
1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione is not expected to pose an acute risk.
2. Chronic risk. Using the exposure assumptions described in this
unit for chronic exposure, EPA has concluded that chronic exposure to
1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione from food and water will utilize ~20.4% and 53.3% of
the cPAD for the U.S. population and children 1 to 2 years old and non-
nursing infants (the most highly exposed populations).
3. Short- and intermediate term risks. Short- and intermediate term
aggregate exposures takes into account short- and intermediate-term
residential exposures plus chronic exposures to food and water
(considered to be a background exposure level).
1,4-Bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione is currently used as an inert ingredient in non-
pesticidal products and pesticidal products that are registered for
uses that could result in short- and intermediate-term residential
exposures, and the Agency has determined that it is appropriate to
aggregate chronic exposures through food and water with short- and
intermediate-term residential exposures to 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione. Although,
there are non-pesticide exposures (i.e. colorant for fabric and home
care products including laundry) to 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione, aggregate
exposures consider exposure due to pesticide uses only since no
reliable exposure information is available for non-pesticidal uses.
Using the exposure assumptions described in this unit for short-
and intermediate-term exposures, EPA has concluded the combined short-
and intermediate-term food, water, and residential exposures result in
an aggregate risk index (ARI) of 4.3 for adults. Adult residential
exposure combines high end dermal and inhalation handler exposure from
aerosol spray/trigger pump with a high-end post application dermal
exposure from contact with treated lawns. The combined short- and
intermediate-term aggregated food, water, and residential pesticide
exposures result in an aggregate ARI of 1.69 for children. Children's
residential exposure includes total exposures associated with contact
with treated lawns (dermal and hand-to-mouth exposures). Because EPA's
level of concern for 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione is an ARI of 1
or below, these ARIs are not of concern.
V. Other Considerations
A. Analytical Enforcement Methodology
An analytical method is not required for enforcement purposes since
the Agency is not establishing a numerical tolerance for residues of
1,4-bis[[3-[2-(2-hydroxyethoxy)ethoxy]propyl]amino]-9,10-
anthracenedione in or on any food commodities. EPA is establishing a
limitation on the amount of 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione that may be
used in pesticide formulations applied pre- and post-harvest, in/on
animals; and in food contact sanitizing solutions. This limitation will
be enforced through the pesticide registration process under the
Federal Insecticide, Fungicide, and Rodenticide Act (``FIFRA''), 7
U.S.C. 136 et seq. EPA will not register any pesticide formulation for
food use that exceeds 0.5% 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione in the final
pesticide formulations to be applied pre- and post-harvest, in/on
animals; and not to exceed 300 ppm in the end-use concentration when
ready for use antimicrobial formulations (food-contact surface
sanitizing solutions).
B. Revisions to Petitioned-For Tolerances
FFDCA section 408(d)(4)(A)(i) permits the Agency to finalize a
tolerance that varies from that sought by the petition. EPA is
establishing a tolerance exemption for residues of 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione (CAS Reg. No.
123944-63-8) with concentration limits not sought by the petition based
on the Agency's risk assessment.
VI. Conclusions
Therefore, an exemption from the requirement of a tolerance is
established for residues of 1,4-bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione (CAS Reg. No.
123944-63-8) when used as an inert ingredient (colorant/dye) in
pesticide formulations applied to growing crops and raw agricultural
commodities after harvest under 40 CFR 180.910 and in/
[[Page 15045]]
on animals under 40 CFR 180.930, limited to a maximum concentration of
0.5% in a pesticide formulation 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 180.940(a) not to exceed 300 ppm in the end-use concentration.
VII. Statutory and Executive Order Reviews
This action establishes exemptions 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). 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 exemptions 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 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: February 26, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I 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. 180.910, amend table 1 to 180.910 by adding in alphabetical
order an entry for ``1,4-Bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione (CAS Reg. No.
123944-63-8)'' to read as follows:
Sec. 180.910 Inert ingredients used pre- and post-harvest; exemptions
from the requirement of a tolerance.
* * * * *
Table 1 to 180.910
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
1,4-Bis[[3-[2-(2- 0.5% by weight...... Dye, coloring agent.
hydroxyethoxy)ethoxy]propyl
]amino]-9,10-
anthracenedione (CAS Reg.
No. 123944-63-8).
* * * * * * *
------------------------------------------------------------------------
0
3. In Sec. 180.930, amend table 1 to 180.930 by adding in alphabetical
order an entry for ``1,4-Bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione (CAS Reg. No.
123944-63-8)'' to read as follows:
Sec. 180.930 Inert ingredients applied to animals; exemptions from
the requirement of a tolerance.
* * * * *
[[Page 15046]]
Table 1 to 180.930
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
1,4-Bis[[3-[2-(2- 0.5% by weight...... Dye, coloring agent.
hydroxyethoxy)ethoxy]propyl
]amino]-9,10-
anthracenedione (CAS Reg.
No. 123944-63-8).
* * * * * * *
------------------------------------------------------------------------
0
4. In Sec. 180.940, amend table 1 to paragraph (a) by adding in
alphabetical order an entry for ``1,4-Bis[[3-[2-(2-
hydroxyethoxy)ethoxy]propyl]amino]-9,10-anthracenedione'' to read as
follows:
Sec. 180.940 Tolerance exemptions for active and inert ingredients
for use in antimicrobial formulations (Food-contact surface sanitizing
solutions).
* * * * *
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Pesticide chemical CAS Reg. No. Limits
------------------------------------------------------------------------
* * * * * * *
1,4-Bis[[3-[2-(2- 123944-63-8......... When ready for use,
hydroxyethoxy)ethoxy]propyl the end-use
]amino]-9,10- concentration is
anthracenedione. not to exceed 300
ppm.
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-04355 Filed 2-29-24; 8:45 am]
BILLING CODE 6560-50-P