80 FR 18327 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 65 (April 6, 2015)

This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

[Federal Register Volume 80, Number 65 (Monday, April 6, 2015)]
[Proposed Rules]
[Pages 18327-18330]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07828]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0032; FRL-9924-00]


Receipt of Several Pesticide Petitions Filed for Residues of 
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petitions and request for comment.

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SUMMARY: This document announces the Agency's receipt of several 
initial filings of pesticide petitions requesting the establishment or 
modification of regulations for residues of pesticide chemicals in or 
on various commodities.

DATES: Comments must be received on or before May 6, 2015.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petition number (PP) of interest as shown 
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at  http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and 
Pollution Prevention Division (BPPD) (7511P), main telephone number: 
(703) 305-7090; email address: [email protected]., Susan Lewis, 
Registration Division (RD) (7505P), main telephone number: (703) 305-
7090; email address: [email protected]. The mailing address for each 
contact person is: Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001. As part of the mailing address, include the contact person's 
name, division, and mail code. The

[[Page 18328]]

division to contact is listed at the end of each pesticide petition 
summary.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed under FOR 
FURTHER INFORMATION CONTACT for the division listed at the end of the 
pesticide petition summary of interest.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low-income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the pesticides 
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    EPA is announcing its receipt of several pesticide petitions filed 
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a, requesting the establishment or modification of 
regulations in 40 CFR part 180 for residues of pesticide chemicals in 
or on various food commodities. The Agency is taking public comment on 
the requests before responding to the petitioners. EPA is not proposing 
any particular action at this time. EPA has determined that the 
pesticide petitions described in this document contain the data or 
information prescribed in FFDCA section 408(d)(2), 21 U.S.C. 
346a(d)(2); however, EPA has not fully evaluated the sufficiency of the 
submitted data at this time or whether the data support granting of the 
pesticide petitions. After considering the public comments, EPA intends 
to evaluate whether and what action may be warranted. Additional data 
may be needed before EPA can make a final determination on these 
pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions 
that are the subject of this document, prepared by the petitioner, is 
included in a docket EPA has created for each rulemaking. The docket 
for each of the petitions is available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA 
is publishing notice of the petition so that the public has an 
opportunity to comment on this request for the establishment or 
modification of regulations for residues of pesticides in or on food 
commodities. Further information on the petition may be obtained 
through the petition summary referenced in this unit.

New Tolerance

    1. PP 3F8206. (EPA-HQ-OPP-2014-0852). Syngenta Crop Protection, 
LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC 27419, requests to 
establish tolerances in 40 CFR part 180 for residues of the herbicide 
safener fluxofenim (CAS Reg. No. 88485-37-4) in or on the raw 
agricultural commodities grain sorghum, grain; grain sorghum, forage; 
and grain sorghum, fodder at 0.01; 0.01; and 0.01 parts per million 
(ppm), respectively. The analytical method high performance liquid 
chromatography with triple quadrupole mass spectrometric detection (LC-
MS/MS) is used to measure and evaluate the pesticide residues. Contact: 
RD.
    2. PP 4E8328. (EPA-HQ-OPP-2014-0878). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, 
NJ 08540, requests to establish a tolerance in 40 CFR part 180 for 
residues of the herbicide fluazifop-p-butyl in or on the raw 
agricultural commodities: Lettuce, head and leaf at 5.0 parts per 
million (ppm); strawberry at 3.0 ppm; onion, green at 1.5 ppm; 
caneberry subgroup 13-07A at 0.05 ppm; bushberry subgroup 13-07B at 0.3 
ppm; tuberous and corm vegetables (except for potato) subgroup 1D at 
1.5 ppm; small fruit vine climbing, except for fuzzy kiwifruit subgroup 
13-07F, 0.03 ppm; and onion, bulb subgroup 3-07A at 0.5 ppm as well as 
tolerances with regional registration for grass hay at 15 ppm; and 
grass forage at 4.0 ppm. Upon the approval of the aforementioned 
tolerances, IR-4 requests removal of the existing tolerances for grape 
at 0.01 ppm; onion, bulb at 0.5 ppm; and sweet potato, roots at 0.05 
ppm. Analytical methodology has been developed and validated for 
enforcement purposes. This method has been submitted to the Agency and 
is in PAM Vol. II, Method II. Contact: RD.
    3. PP 4E8335. (EPA-HQ-OPP-2014-0922). Interregional Research 
Project Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, 
NJ 08540, requests to establish a tolerance in 40 CFR part 180 for 
residues of the sum of zoxamide (3, 5-dichloro-N-(3-chloro-1-ethyl-1-
methyl-2-oxopropyl)-4-methylbenzamide) and its metabolites 3,5-
dichloro-1,4-benzenedicarboxylic acid (RH-1455 and RH-141455) and 3,5-
dichloro-4-hydroxymethylbenzoic acid (RH-1452 and RH-141452) calculated 
as the stoichiometric equivalent of zoxamide in or on the raw 
agricultural commodity ginseng at 0.30 parts per million (ppm) and 
vegetable, tuberous and corm, subgroup 1C at 0.060 ppm. In addition, 
IR-4 requests to establish tolerances for residues, determined by 
measuring only zoxamide (3,5-dichloro-N-(3-chloro-1-ethyl-1-methyl-2-
oxypropyl)-4-methylbenzamide, in or on raw agricultural commodity 
tomato subgroup 8-10A at 2.0 ppm and fruit, small, vine climbing, 
except fuzzy kiwifruit, subgroup 13-07F at 5.0 ppm. IR-4 also proposes, 
upon the approval of the aforementioned tolerances, to

[[Page 18329]]

remove established tolerances for grape at 3.0 ppm; tomato at 2.0 ppm; 
and potato at 0.060 ppm. Adequate enforcement methodology is available 
to enforce the tolerance expression. Contact: RD.
    4. PP 4F8253. (EPA-HQ-OPP-2014-0679). ISK Biosciences Corporation, 
7470 Auburn Road, Suite A, Concord, OH 44077, requests to establish a 
tolerance in 40 CFR part 180 for residues of the insecticide, 
cyclaniliprole, in or on Pome Fruit (Crop Group 11-10) at 0.3 parts per 
million (ppm), Tree Nuts (Crop Group 14-12) at 0.02 ppm, Stone Fruit 
(Crop Group 12-12) at 0.7 ppm Fruiting Vegetables, (Crop Group 8-10) at 
0.2 ppm, Cucurbit Vegetables, (Crop Group 9) at 0.2 ppm, Small Fruit 
Vine Climbing Subgroup except Fuzzy Kiwifruit (Crop Group 13-07F), at 
0.9 ppm. Additionally tolerances are proposed for the crops in the 
proposed Crop Subgroup 4-14A, Leafy greens subgroup at 7.0 ppm 
including amaranth, Chinese; amaranth, leafy; aster, Indian; blackjack; 
cat's whiskers; chervil, fresh leaves; cham-chwi; cham-namul; chipilin; 
chrysanthemum, garland; cilantro, fresh leaves; corn salad; cosmos; 
dandelion; dang-gwi; dillweed; dock; dol-nam-mul; ebolo; endive; 
escarole; fameflower; feather cockscomb; good king henry; huauzontle; 
jute, leaves; lettuce, bitter; lettuce, head; lettuce, leaf; orach; 
parsley, fresh leaves; plantain, buckhorn; primrose, English; purslane, 
garden; purslane, winter; radicchio; spinach; spinach, malabar; 
spinach, New Zealand; spinach, tanier; swiss chard; and violet, 
Chinese; crops in the proposed Crop Subgroup 4-14B, Brassica leafy 
greens subgroup at 15 ppm including Arugula; broccoli raab; broccoli, 
Chinese; cabbage, abyssinian; cabbage, seakale; Chinese cabbage, bok 
choy; collards; cress, garden; cress, upland; hanover salad; kale; 
maca; mizuna; mustard greens; radish, leaves; rape greens; rocket, 
wild; shepherd's purse; turnip greens; and watercress; crops in the 
proposed Crop Subgroup 22B, Leaf petiole vegetable subgroup at 7.0 ppm 
including Cardoon; celery; celery, Chinese; fuki; rhubarb; udo; zuiki 
and the crops in the proposed Crop Group 5-14: Brassica Head and Stem 
Vegetable at 1.5 ppm including broccoli; Brussels sprouts; cabbage; 
cabbage, Chinese, napa; and cauliflower. Tolerances are also proposed 
for the animal feed commodities Almond, hulls at 8.0 parts per million 
(ppm), Apple, wet pomace at 0.96 parts per million (ppm), in animal 
tissues and meat by products: Cattle, fat at 0.08 ppm; cattle, kidney 
at 0.08 ppm; cattle, liver at 0.1 ppm; cattle, meat at 0.02 ppm; 
cattle, meat byproducts at 0.02 ppm; goat, fat at 0.08 ppm; goat, 
kidney at 0.08 ppm; goat, liver at 0.1 ppm; goat, meat at 0.02 ppm; 
goat, meat byproducts at 0.02 ppm; horse, fat at 0.08 ppm; horse, 
kidney at 0.08 ppm; horse, liver at 0.1 ppm; horse, meat at 0.02 ppm; 
horse, meat byproducts at 0.02 ppm; milk at 0.01 ppm; sheep, fat at 
0.08 ppm; sheep, kidney at 0.08 ppm; sheep, liver at 0.1 ppm; sheep, 
meat at 0.02 ppm; and sheep, meat byproducts at 0.02 ppm and for the 
import commodity Tea (dried and instant) at 40 parts per million (ppm). 
The analytical method Liquid Chromatography-MS/MS is used to measure 
and evaluate the pesticide residues. Contact: RD.
    5. PP 4F8308. (EPA-HQ-OPP-2014-0913). SePRO Corporation, 11550 
North Meridian Street, Suite 600, Carmel, IN 46032, requests to 
establish a tolerance in 40 CFR part 180 for residues of the herbicide, 
fluridone, in or on cotton, undelinted seed at 0.1 parts per million 
(ppm). The enzyme-linked immunosorbant assay (ELISA), high performance 
liquid chromatography with ultraviolet detection (HLPC/UV), and liquid 
chromatography with tandem mass spectroscopy (LC-MSMS) method is used 
to measure and evaluate the chemical residues. Contact: RD.
    6. PP 4F8323. (EPA-HQ-OPP-2015-0014). Syngenta Crop Protection, 
LLC, 410 Swing Road, Greensboro, NC 27419, requests to establish a 
tolerance in 40 CFR part 180 for residues of the fungicide, mefenoxam, 
in or on Rapeseed Crop Subgroup 20A at 0.05 parts per million (ppm). 
The Novartis Crop Protection Method 456-98 and Ciba-Geigy Corporation 
Procedure AG-395 were used to measure and evaluate the chemical 
mefenoxam: methyl N-(2,6-dimethylphenyl)-N-(methoxyacetyl)-DL-
alaninate. Contact: RD.

New Tolerance Exemption

    1. PP IN-10699. (EPA-HQ-OPP-2014-0449). Exponent, 1150 Connecticut 
Ave. NW., Washington, DC 20036, on behalf of ISK Biosciences 
Corporation, 7470 Auburn Road, Suite A, Concord, OH 44077, requests to 
establish an exemption from the requirement of a tolerance for residues 
of 1,2-propanediol,3-[3-[1,3,3,3-tetramethyl-1-[(trimethylsilyl)ocy]-1-
disiloxanyl]propoxy]- (CAS Reg. No. 70280-68-1), when used as a 
pesticide inert ingredient in pesticide formulations applied to growing 
crops only under 40 CFR 180.920. The petitioner believes no analytical 
method is needed because it is not required for an exemption from the 
requirement of a tolerance. Contact: RD.
    2. PP IN-10771. (EPA-HQ-OPP-2014-0853). Exponent, 1150 Connecticut 
Ave. NW., Washington, DC 20036, on behalf of Cheminova A/S, 1600 Wilson 
Boulevard, Suite 700, Arlington, VA 22209, requests to establish an 
exemption from the requirement of a tolerance for residues of maleic 
anhydride (CAS Reg. No. 108-31-6), when used as an inert ingredient in 
pesticide formulations applied to growing crops only under 40 CFR 
180.920. The petitioner believes no analytical method is needed because 
it is not required for an exemption from the requirement of a 
tolerance. Contact: RD.
    3. PP IN-10775. (EPA-HQ-OPP-2015-0143). Syngenta Crop Protection, 
P.O. Box 18300, Greensboro, NC, requests to establish an exemption from 
the requirement of a tolerance for residues of propylene glycol 
monomethyl ether (CAS Reg. No. 107-98-2) when used as an inert 
ingredient in pesticide formulations applied to growing crops and raw 
agricultural commodities after harvest under 40 CFR 180.910. The 
petitioner believes no analytical method is needed because it is not 
required for exemption from the requirement of a tolerance. Contact: 
RD.
    4. PP IN-10777. (EPA-HQ-OPP-2015-0019). Ag-Chem Consulting, LLC, 
12208 Quinque Lane, Clifton, VA 20124 on behalf of Omex Agrifluids, 
24730 Avenue 13, Madera, CA 93637, requests to establish an exemption 
from the requirement of a tolerance for residues of salicylaldehyde (2-
hydroxybenzaldehyde) (CAS Reg. No. 90-02-8) when used as an inert 
ingredient in pesticide formulations at no more than 14% of the 
pesticide formulation. The petitioner believes no analytical method is 
needed because it is it is not required for an exemption from the 
requirement of a tolerance. Contact: RD.
    5. PP IN-10780. (EPA-HQ-OPP-2015-0020). Technology Sciences Group, 
Inc., 1150 18th Street NW., Suite 1000, Washington, DC 20036, on behalf 
of BYK Additives Inc., 1600 W. Hill Street, Louisville, KY 40210, 
requests to establish an exemption from the requirement of a tolerance 
for residues of quaternary ammonium compounds, benzylbis(hydrogenated 
tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium 
salts with saponite (CAS Reg. No. 1588523-05-0), when used as an inert 
ingredient in pesticide formulations applied to growing crops only 
under 40 CFR 180.920. The petitioner believes no analytical method is 
needed because it

[[Page 18330]]

is not required for an exemption from the requirement of a tolerance. 
Contact: RD.
    6. PP IN-10781. (EPA-HQ-OPP-2015-0018). Technology Sciences Group, 
Inc., 1150 18th Street NW., Suite 1000, Washington, DC 20036, on behalf 
of BYK Additives, Inc., 1600 W. Hill Street, Louisville, KY 40210, 
requests to establish an exemption from the requirement of a tolerance 
for residues for quaternary ammonium compounds, benzylbis(hydrogenated 
tallow alkyl)methyl, bis(hydrogenated tallow alkyl)dimethylammonium 
salts with sepiolite (CAS Reg. No. 1574487-61-8), when used as an inert 
ingredient in pesticide formulations applied to growing crops only 
under 40 CFR 180.920. The petitioner believes no analytical method is 
needed because it is not required for an exemption from the requirement 
of a tolerance. Contact: RD.
    7. PP IN-10784. (EPA-HQ-OPP-2015-0064). Momentive Performance 
Materials, 260 Hudson River Rd., Waterford, NY 12188, on behalf of the 
Dow Chemical Company, 2301 N. Brazosport Blvd., Freeport, TX 77541, 
requests to establish an exemption from the requirement of a tolerance 
for residues of acrylic acid, butyl acrylate, styrene copolymer (CAS 
Reg. No. 25586-20-3) with a minimum number average molecular weight (in 
amu) of 5,200, when used as an inert ingredient in pesticide 
formulations under 40 CFR 180.960. The petitioner believes no 
analytical method is needed because it is not required for an exemption 
from the requirement of a tolerance. Contact: RD.

Amended Tolerance Exemption

    1. PP 2E8080. (EPA-HQ-OPP-2013-0098). Toxcel, LLC, 7140 Heritage 
Village Plaza, Gainesville, VA 20156 on behalf of Penn A Kem, LLC, 3324 
Chelsea Avenue, Memphis, TN 38108, requests to amend an exemption from 
the requirement of a tolerance in 40 CFR 180.1263 for residues of 
tetrahydrofurfuryl alcohol (THFA), (CAS Reg. No. 97-99-4), when used as 
a pesticide inert ingredient (solvent/co-solvent), to include allowance 
of one herbicide application prior to the preboot stage to wheat, 
buckwheat, barley, oats, rye, sorghum, triticale, rice and wild rice; 
extended use on canola to the early bolting stage; extended use on 
soybeans up to the bloom growth stage; and allowance of use in 
herbicides with two applications to field corn and pop corn up to 36 
inches tall (V8 stage). The petitioner believes no analytical method is 
needed because it is not required for the amendment of an exemption 
from the requirement of a tolerance. Contact: RD.
    2. PP 4F8336. (EPA-HQ-OPP-2008-0762). BASF Corporation, 26 Davis 
Dr., Research Triangle Park, NC 27709, requests to amend an exemption 
from the requirement of a tolerance in 40 CFR 180.1128 for residues of 
the biofungicide, Bacillus amyloliquefaciens MBI 600 (antecedent 
Bacillus subtilis MBI 600), in or on all food commodities, including 
residues resulting from post-harvest uses, when applied or used in 
accordance with good agricultural practices. The petitioner believes no 
analytical method is needed because Bacillus amyloliquefaciens MBI 600 
(antecedent Bacillus subtilis MBI 600) has an exemption from the 
requirement of a tolerance without numerical limitations. Contact: 
BPPD.

Amended Tolerance

    PP 4E8328. (EPA-HQ-OPP-2014-0878). Interregional Research Project 
Number 4 (IR-4), 500 College Road East, Suite 201 W, Princeton, NJ 
08540, requests to amend the existing tolerance in 40 CFR part 180.411 
for residues of the herbicide fluazifop-p-butyl in or on rhubarb, from 
0.5 parts per million (ppm) to 0.4 ppm. Analytical methodology has been 
developed and validated for enforcement purposes. This method has been 
submitted to the Agency and is in PAM Vol. II, Method II. Contact: RD.

    Authority: 21 U.S.C. 346a.

    Dated: March 30, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-07828 Filed 4-3-15; 8:45 am]
 BILLING CODE 6560-50-P