80_FR_45224 80 FR 45079 - Ethanesulfonic Acid, 2-hydroxy and the Corresponding Ammonium, Sodium, Potassium, Calcium, Magnesium, and Zinc Salts; Exemption from the Requirement of a Tolerance

80 FR 45079 - Ethanesulfonic Acid, 2-hydroxy and the Corresponding Ammonium, Sodium, Potassium, Calcium, Magnesium, and Zinc Salts; Exemption from the Requirement of a Tolerance

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 145 (July 29, 2015)

Page Range45079-45085
FR Document2015-18610

This regulation establishes an exemption from the requirement of a tolerance for residues of ethanesulfonic acid, 2-hydroxy- (CAS Reg. No. 107-36-8); ethanesulfonic acid, 2-hydroxy-, ammonium salt (CAS Reg. No. 57267-78-4); ethanesulfonic acid, 2-hydroxy-, sodium salt (CAS Reg. No. 1562-00-1); ethanesulfonic acid, 2-hydroxy-, potassium salt (CAS Reg. No. 1561-99-5); ethanesulfonic acid, 2-hydroxy-, calcium salt (CAS Reg. No. 10550-47-7); ethanesulfonic acid, 2-hydroxy-, magnesium salt (CAS Reg. No. 17345-56-1), and ethanesulfonic acid, 2-hydroxy-, zinc salt (CAS Reg. No. 129756-32-7) when used as inert ingredients (chelator, sequestrant and conditioning agent) in pesticide formulations applied to growing crops and raw agricultural commodities after harvest and applied to animals. Technology Sciences Group Inc. (1150 18th St. NW., Suite 1000 Washington, DC 20036) on behalf of Huntsman Corporation (8600 Gosling Rd., The Woodlands, TX 77381) submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of ethanesulfonic acid, 2-hydroxy- and its corresponding ammonium, sodium, potassium, calcium, magnesium, and zinc salts.

Federal Register, Volume 80 Issue 145 (Wednesday, July 29, 2015)
[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Rules and Regulations]
[Pages 45079-45085]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18610]



[[Page 45079]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0325; FRL-9930-22]


Ethanesulfonic Acid, 2-hydroxy and the Corresponding Ammonium, 
Sodium, Potassium, Calcium, Magnesium, and Zinc Salts; Exemption from 
the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation establishes an exemption from the requirement 
of a tolerance for residues of ethanesulfonic acid, 2-hydroxy- (CAS 
Reg. No. 107-36-8); ethanesulfonic acid, 2-hydroxy-, ammonium salt (CAS 
Reg. No. 57267-78-4); ethanesulfonic acid, 2-hydroxy-, sodium salt (CAS 
Reg. No. 1562-00-1); ethanesulfonic acid, 2-hydroxy-, potassium salt 
(CAS Reg. No. 1561-99-5); ethanesulfonic acid, 2-hydroxy-, calcium salt 
(CAS Reg. No. 10550-47-7); ethanesulfonic acid, 2-hydroxy-, magnesium 
salt (CAS Reg. No. 17345-56-1), and ethanesulfonic acid, 2-hydroxy-, 
zinc salt (CAS Reg. No. 129756-32-7) when used as inert ingredients 
(chelator, sequestrant and conditioning agent) in pesticide 
formulations applied to growing crops and raw agricultural commodities 
after harvest and applied to animals. Technology Sciences Group Inc. 
(1150 18th St. NW., Suite 1000 Washington, DC 20036) on behalf of 
Huntsman Corporation (8600 Gosling Rd., The Woodlands, TX 77381) 
submitted a petition to EPA under the Federal Food, Drug, and Cosmetic 
Act (FFDCA), requesting establishment of an exemption from the 
requirement of a tolerance. This regulation eliminates the need to 
establish a maximum permissible level for residues of ethanesulfonic 
acid, 2-hydroxy- and its corresponding ammonium, sodium, potassium, 
calcium, magnesium, and zinc salts.

DATES: This regulation is effective July 29, 2015. Objections and 
requests for hearings must be received on or before September 28, 2015, 
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-2014-0325, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; 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 Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. To access the OCSPP test guidelines referenced in this 
document electronically, please go to http://www.epa.gov/ocspp and 
select ``Test Methods and Guidelines.''

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation and may also request a 
hearing on those objections. You must file your objection or request a 
hearing on this regulation in accordance with the instructions provided 
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify 
docket ID number EPA-HQ-OPP-2014-0325 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 
September 28, 2015. 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-2014-0325, 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 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.

II. Petition for Exemption

    In the Federal Register of August 1, 2014 (79 FR 44729) (FRL-9911-
67), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 
346a, announcing the filing of a pesticide petition (PP IN-10684) by 
Technology Sciences Group Inc. (1150 18th St. NW., Suite 1000, 
Washington, DC 20036) on behalf of Huntsman Corporation (8600 Gosling 
Rd., The Woodlands, TX 77381). The petition requested that 40 CFR 
180.910 and 40 CFR 180.930 be amended by establishing an exemption from 
the requirement of a tolerance for residues of ethanesulfonic acid, 2-
hydroxy- (CAS Reg. No. 107-36-8); ethanesulfonic acid, 2-hydroxy-, 
ammonium salt (CAS Reg. No. 57267-78-4); ethanesulfonic acid, 2-
hydroxy-, sodium salt (CAS Reg. No. 1562-00-1);

[[Page 45080]]

ethanesulfonic acid, 2-hydroxy-, potassium salt (CAS Reg. No. 1561-99-
5); ethanesulfonic acid, 2-hydroxy-, calcium salt (CAS Reg. No. 10550-
47-7); ethanesulfonic acid, 2-hydroxy-, magnesium salt (CAS Reg. No. 
17345-56-1), and ethanesulfonic acid, 2-hydroxy-, zinc salt (CAS Reg. 
No. 129756-32-7) when used as inert ingredients (chelator, sequestrant, 
and conditioning agent) in pesticide formulations applied to growing 
crops and raw agricultural commodities after harvest and applied to 
animals in accordance with 40 CFR 180.910 and 180.930, respectively. 
That document referenced a summary of the petition prepared by 
Technology Sciences Group Inc., the petitioner, which is available in 
the docket, http://www.regulations.gov. There were no comments received 
in response to the notice of filing.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active 
ingredients as defined in 40 CFR 153.125 and include, but are not 
limited to, the following types of ingredients (except when they have a 
pesticidal efficacy of their own): Solvents such as alcohols and 
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty 
acids; carriers such as clay and diatomaceous earth; thickeners such as 
carrageenan and modified cellulose; wetting, spreading, and dispersing 
agents; propellants in aerosol dispensers; microencapsulating agents; 
and emulsifiers. The term ``inert'' is not intended to imply 
nontoxicity; the ingredient may or may not be chemically active. 
Generally, EPA has exempted inert ingredients from the requirement of a 
tolerance based on the low toxicity of the individual inert 
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an 
exemption from the requirement for a tolerance (the legal limit for a 
pesticide chemical residue in or on a food) only if EPA determines that 
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines 
``safe'' to mean that ``there is a reasonable certainty that no harm 
will result from aggregate exposure to the pesticide chemical residue, 
including all anticipated dietary exposures and all other exposures for 
which there is reliable information.'' This includes exposure through 
drinking water and in residential settings, but does not include 
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to 
give special consideration to exposure of infants and children to the 
pesticide chemical residue in establishing a tolerance and to ``ensure 
that there is a reasonable certainty that no harm will result to 
infants and children from aggregate exposure to the pesticide chemical 
residue . . . .''
    EPA establishes exemptions from the requirement of a tolerance only 
in those cases where it can be clearly demonstrated that the risks from 
aggregate exposure to pesticide chemical residues under reasonably 
foreseeable circumstances will pose no appreciable risks to human 
health. In order to determine the risks from aggregate exposure to 
pesticide inert ingredients, the Agency considers the toxicity of the 
inert in conjunction with possible exposure to residues of the inert 
ingredient through food, drinking water, and through other exposures 
that occur as a result of pesticide use in residential settings. If EPA 
is able to determine that a finite tolerance is not necessary to ensure 
that there is a reasonable certainty that no harm will result from 
aggregate exposure to the inert ingredient, an exemption from the 
requirement of a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors 
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available 
scientific data and other relevant information in support of this 
action. EPA has sufficient data to assess the hazards of and to make a 
determination on aggregate exposure for ethanesulfonic acid, 2-hydroxy 
and the corresponding ammonium, sodium, potassium, calcium, magnesium, 
and zinc salts (also referred to as isethionic acid and its salts) 
including exposure resulting from the exemption established by this 
action. EPA's assessment of exposures and risks associated with 
isethionic acid and its salts 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 isethionic acid and its salts 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.
    Isethionate salts are expected to metabolize and dissociate into 
isethionic acid in the body. Therefore, toxicity for each of the 
isethionate salt forms are expected to have equal toxicity and share 
similar physical and chemical characteristics. Studies on isethionic 
acid or any one of its salt can be considered relevant for the entire 
group.
    The acute oral toxicity of isethionic acid ammonium salt is low. 
The acute oral lethal dose (LD)50 in rats were > 1,000 
milligram/kilogram/body weight (mg/kg-bw). The acute dermal toxicity in 
rats was > 1,000 mg/kg-bw. Ammonium isethionate is a minimal eye 
irritant based on a primary eye irritation study in rabbits. Ammonium 
isethionate is not dermally irritating based on a primary skin 
irritation study in rabbits. Ammonium isethionate has an acute 
inhalation lethal concentration (LC)50 > 6.295 milligram/
liter (mg/L) and is not a dermal sensitizer.
    In a 90-day oral toxicity study on rats via gavage with sodium 
isethionate, decreased mean corpuscular hemoglobin concentration, 
increased mean absolute and relative reticulocyte counts, increased 
spleen weights and microscopic changes in the liver, bile duct, and 
spleen were observed at 1,000 milligram/kilogram/day (mg/kg/day) 
(LOAEL). Effects showed complete reversal after exposure was 
discontinued. The NOAEL for sodium isethionate was identified in this 
study as 200 mg/kg/day.
    In an OSCPP Harmonized Test Guideline 870.3650 combined repeated 
dose toxicity study with the reproduction/developmental toxicity 
screening test, ammonium isethionate was administered to rats by 
gavage. The parental systemic LOAEL for ammonium isethionate is 500 mg/
kg/day based on absolute and relative kidney weights and relative 
adrenal weights, and the parental systemic NOAEL is 250 mg/kg/day. The 
reproductive/developmental LOAEL for ammonium isethionate in rats was 
not identified, and the reproductive/developmental NOAEL is greater 
than or equal to 500 mg/kg/day.
    Ammonium isethionate was negative for mutagenicity or chromosomal 
aberrations in a battery of tests of genotoxicity including a reverse 
gene mutation assay in bacteria, an in vitro mammalian cell gene 
mutation test using mouse lymphoma cells and an in vitro mammalian cell 
micronucleus test.
    The OncoLogicTM structure-activity model was used to 
evaluate the likelihood that isethionic acid and its salts may cause 
cancer. Structure-activity modeling using Oncologic

[[Page 45081]]

indicates that isethionic acid does not contain structural alerts of 
potential concern for carcinogenicity. Based on the negative results 
for genotoxicity as well as the structure-activity model for 
carcinogenicity there is a low concern for isethionic acid and its 
salts as potential carcinogens.
    No neurotoxicity studies were available in the database for 
isethionic acid and its salts. However, a functional observational 
battery (FOB) and locomotor activity patterns were evaluated in the 
combined reproduction/developmental toxicity screening test and 90-day 
oral toxicity study. No alterations in the FOB or locomotor activity 
patterns were observed.
    No Immunotoxicity studies on isethionic acid and its salts were 
available in the database. Increased spleen weights and microscopic 
changes in the spleen were observed in the 90-day toxicity study in 
rats; however, the chronic reference dose (cRfD) is based on this study 
and is protective of these effects.
    No metabolism studies were available in the database for isethionic 
acid and its salts.

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 the NOAEL and the LOAEL are identified. 
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 http://www.epa.gov/pesticides/factsheets/riskassess.htm.
    A summary of the toxicological endpoints for isethionic acid and 
its salts used for human risk assessment is shown in Table 1 of this 
unit.

  Table 1--Summary of Toxicological Doses and Endpoints for Isethionic Acid and Its Salts for Use in Human Risk
                                                   Assessment
----------------------------------------------------------------------------------------------------------------
                                    Point of departure
        Exposure/scenario            and  uncertainty/    RfD, PAD, LOC for     Study and toxicological effects
                                      safety factors       risk assessment
----------------------------------------------------------------------------------------------------------------
Acute dietary (Females 13-50          An acute effect was not found in the database therefore an acute dietary
 years of age).                                             assessment is not necessary.
                                  ------------------------------------------------------------------------------
Acute dietary (General population     An acute effect was not found in the database therefore an acute dietary
 including infants and children).                           assessment is not necessary.
                                  ------------------------------------------------------------------------------
Chronic dietary (All populations)  NOAEL = 200 mg/kg/    Chronic RfD = 200    90-day oral toxicity-rat LOAEL =
                                    day.                  mg/kg/day.           1,000 mg/kg/day based on
                                   UFA = 10x...........  cPAD = 2.0 mg/kg/     decreased body weight, changes in
                                   UFH = 10x...........   day.                 hematology parameters, increased
                                   FQPA SF = 1x........                        spleen weights, macroscopic
                                                                               changes in the liver and
                                                                               microscopic changes in the liver,
                                                                               bile duct and spleen.
Incidental oral short-term (1 to   NOAEL = 200 mg/kg/    LOC for MOE = 100..  90-day oral toxicity-rat LOAEL =
 30 days).                          day.                                       1,000 mg/kg/day based on
                                   UFA = 10x...........                        decreased body weight, changes in
                                   UFH = 10x...........                        hematology parameters, increased
                                   FQPA SF = 1x........                        spleen weights, macroscopic
                                                                               changes in the liver and
                                                                               microscopic changes in the liver,
                                                                               bile duct and spleen.
Incidental oral intermediate-term  NOAEL = 200 mg/kg/    LOC for MOE = 100..  90-day oral toxicity-rat LOAEL =
 (1 to 6 months).                   day.                                       1,000 mg/kg/day based on
                                   UFA = 10x...........                        decreased body weight, changes in
                                   UFH = 10x...........                        hematology parameters, increased
                                   FQPA SF = 1x........                        spleen weights, macroscopic
                                                                               changes in the liver and
                                                                               microscopic changes in the liver,
                                                                               bile duct and spleen.
Dermal short-term (1 to 30 days).  Dermal (or oral)      LOC for MOE = 100..  90-day oral toxicity-rat LOAEL =
                                    study NOAEL = 200                          1,000 mg/kg/day based on
                                    mg/kg/day (dermal                          decreased body weight, changes in
                                    absorption rate =                          hematology parameters, increased
                                    100%.                                      spleen weights, macroscopic
                                   UFA = 10x...........                        changes in the liver and
                                   UFH = 10x...........                        microscopic changes in the liver,
                                   FQPA SF = 1x........                        bile duct and spleen.
Dermal intermediate-term (1 to 6   Dermal (or oral)      LOC for MOE = 100..  90-day oral toxicity-rat LOAEL =
 months).                           study NOAEL = 200                          1,000 mg/kg/day based on
                                    mg/kg/day (dermal                          decreased body weight, changes in
                                    absorption rate =                          hematology parameters, increased
                                    100%.                                      spleen weights, macroscopic
                                   UFA = 10x...........                        changes in the liver and
                                   UFH = 10x...........                        microscopic changes in the liver,
                                   FQPA SF = 1x........                        bile duct and spleen.

[[Page 45082]]

 
Inhalation short-term (1 to 30     Inhalation (or oral)  LOC for MOE = 100..  90-day oral toxicity-rat LOAEL =
 days).                             study NOAEL = 200                          1,000 mg/kg/day based on
                                    mg/kg/day                                  decreased body weight, changes in
                                    (inhalation                                hematology parameters, increased
                                    absorption rate =                          spleen weights, macroscopic
                                    100%).                                     changes in the liver and
                                   UFA = 10x...........                        microscopic changes in the liver,
                                   UFH = 10x...........                        bile duct and spleen.
                                   FQPA SF = 1x........
Inhalation (1 to 6 months).......  Inhalation (or oral)  LOC for MOE = 100..  90-day oral toxicity-rat LOAEL =
                                    study NOAEL = 200                          1,000 mg/kg/day based on
                                    mg/kg/day                                  decreased body weight, changes in
                                    (inhalation                                hematology parameters, increased
                                    absorption rate =                          spleen weights, macroscopic
                                    100%).                                     changes in the liver and
                                   UFA = 10x...........                        microscopic changes in the liver,
                                   UFH = 10x...........                        bile duct and spleen.
                                   FQPA SF = 1x........
                                  ------------------------------------------------------------------------------
Cancer (Oral, dermal, inhalation)       Based on structural activity analysis, lack of effects suggestive of
                                      potential carcinogenicity in subchronic studies and negative results for
                                     genotoxicity in bacterial and mammalian cell assays, there is a low concern
                                     for the salts of isethionate and isethionic acid as potential carcinogens.
----------------------------------------------------------------------------------------------------------------
FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level
  of concern. mg/kg/day = milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-
  level. PAD = population adjusted dose (a = acute, c = chronic). RfD = reference dose. UF = uncertainty factor.
  UFA = extrapolation from animal to human (interspecies). UFH = potential variation in sensitivity among
  members of the human population (intraspecies).

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to isethionic acid and its salts, EPA considered exposure 
under the proposed exemption from the requirement of a tolerance. EPA 
assessed dietary exposures from isethionic acid and its salts in food 
as follows:
    An acute dietary risk assessment was not conducted because no 
endpoint of concern following a single exposure was identified in the 
available studies. A chronic dietary exposure assessment was completed 
and performed using the Dietary Exposure Evaluation Model DEEM-
FCID\TM\, Version 3.16 which includes food consumption information from 
the U.S. Department of Agriculture's National Health and Nutrition 
Examination Survey, ``What We Eat In America'', (NHANES/WWEIA). This 
dietary survey was conducted from 2003 to 2008. In the absence of 
actual residue data, the inert ingredient evaluation is based on a 
highly conservative model that assumes that the residue level of the 
inert ingredient would be no higher than the highest established 
tolerance for an active ingredient on a given commodity. Implicit in 
this assumption is that there would be similar rates of degradation 
between the active and inert ingredient (if any) and that the 
concentration of inert ingredient in the scenarios leading to these 
highest of tolerances would be no higher than the concentration of the 
active ingredient. The model assumes 100 percent crop treated (PCT) for 
all crops and that every food eaten by a person each day has tolerance-
level residues. 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 ``Alkyl Amines Polyalkoxylates 
(Cluster 4): Acute and Chronic Aggregate (Food and Drinking Water) 
Dietary Exposure and Risk Assessments for the Inerts'' (D361707, S. 
Piper, 2/25/09) and can be found at http://www.regulations.gov in 
docket ID number EPA-HQ-OPP-2008-0738.
    2. Dietary exposure from drinking water. For the purpose of the 
screening level dietary risk assessment to support this request for an 
exemption from the requirement of a tolerance for isethionic acid and 
its salts, 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 the chronic dietary risk 
assessments for parent compound. These values were directly entered 
into the dietary exposure model.
    3. From non-dietary exposure. The term ``residential exposure'' is 
used in this document to refer to non-occupational, non-dietary 
exposure (e.g., textiles (clothing and diapers), carpets, swimming 
pools, and hard surface disinfection on walls, floors, tables).
    Isethionic acid and its salts may be used as inert ingredients in 
pesticide products that are registered for specific uses that may 
result in indoor or outdoor residential inhalation and dermal 
exposures. A screening level residential exposure and risk assessment 
was completed utilizing conservative residential exposure assumptions. 
The Agency assessed short- and intermediate-term dermal and inhalation 
exposures for residential handlers that would result from low pressure 
hand wand, hose end sprayer and trigger sprayer for each pesticide 
type, herbicide, insecticide, and fungicide. The Agency assessed post-
application short-term dermal exposure for children short-term hand-to-
mouth and dermal exposure for children and adults from contact with 
treated lawns.
    4. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when 
considering whether to establish, modify, or revoke a tolerance, the 
Agency consider ``available information'' concerning the cumulative 
effects of a particular pesticide's residues and ``other substances 
that have a common mechanism of toxicity.''
    EPA has not found isethionic acid and its salts to share a common 
mechanism

[[Page 45083]]

of toxicity with any other substances, and isethionic acid and its 
salts does not appear to produce a toxic metabolite produced by other 
substances. For the purposes of this tolerance action, therefore, EPA 
has assumed that isethionic acid and its salts 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 Web site at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    1. In general. 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.
    2. Prenatal and postnatal sensitivity. Fetal susceptibility was not 
observed in the combined developmental/reproduction toxicity screening 
test in rats. Neither offspring nor reproduction toxicity was observed 
in this study at dose levels up to 500 mg/kg/day in rats, the highest 
dose tested.
    3. Conclusion. EPA has determined that reliable data show the 
safety of infants and children would be adequately protected if the 
FQPA SF were reduced to 1x. That decision is based on the following 
findings:
    i. The toxicity database for isethionic acid and its salts contains 
the following acceptable studies: Subchronic, reproduction/
developmental screening study, and a mutagenicity study. The database 
is considered to be adequate to assess prenatal and postnatal toxicity.
    ii. There is no indication that isethionic acid and its salts are 
neurotoxic chemicals and there is no need for a developmental 
neurotoxicity study or additional uncertainty factors (UF) to account 
for neurotoxicity.
    iii. There is no indication that isethionic acid and its salts are 
immunotoxic chemicals. Although increased spleen weights and 
microscopic changes in the spleen were observed in the 90-day toxicity 
study in rats those effects were due to red blood cell destruction and 
therefore not considered an immuno toxic effect. In any event, the cRfD 
is based on this study and is protective of these effects. Therefore, 
there is no need for an Immunotoxicity study or additional UFs to 
account for Immunotoxicity.
    iv. There is no evidence that isethionic acid and its salts result 
in increased susceptibility for infants and children.
    v. There are no residual uncertainties identified in the exposure 
databases. The dietary food exposure assessments were performed based 
on 100 PCT and tolerance-level residues. EPA made conservative 
(protective) assumptions in the ground and surface water modeling used 
to assess exposure to isethionic acid and its salts in drinking water. 
EPA used similarly conservative assumptions to assess postapplication 
exposure of children as well as incidental oral exposure of toddlers. 
These assessments will not underestimate the exposure and risks posed 
by isethionic acid and its salts.

E. Aggregate Risks and Determination of Safety

    1. Determination of safety section. 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.
    2. 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, 
isethionic acid and its salts is not expected to pose an acute risk.
    3. Chronic risk. Using the exposure assumptions described in this 
unit for chronic exposure, EPA has concluded that chronic exposure to 
isethionic acid and its salts from food and water will utilize 9.5% of 
the cPAD for the U.S. population and 35.3% of the cPAD for children 1-2 
yrs. old, the population group receiving the greatest exposure.
    4. Short-term risk. Short-term aggregate exposure takes into 
account short-term residential exposure plus chronic exposure to food 
and water (considered to be a background exposure level). Isethionic 
acid and its salts may be used as an inert ingredient in pesticide 
products that are registered for uses that could result in short-term 
residential exposure, and the Agency has determined that it is 
appropriate to aggregate chronic exposure through food and water with 
short-term residential exposures to isethionic acid and its salts.
    Using the exposure assumptions described in this unit for short-
term exposures, EPA has concluded the combined short-term food, water, 
and residential exposures result in aggregate MOEs of 187 for adults 
and 123 for children. Because EPA's level of concern for isethionic 
acid and its salts are MOEs of 100 or below, these MOEs are not of 
concern.
    5. Intermediate-term risk. Intermediate-term aggregate exposure 
takes into account intermediate-term residential exposure plus chronic 
exposure to food and water (considered to be a background exposure 
level). Isethionic acid and its salts are currently used as an inert 
ingredient in pesticide products that are registered for uses that 
could result in intermediate-term residential exposure. The endpoint of 
concern selected for short- and intermediate-term exposure assessment 
is the same NOAEL, therefore intermediate term exposure is not expected 
to exceed short term aggregate exposure and therefore there are no 
concerns for intermediate-term aggregate exposure.
    6. Aggregate cancer risk for U.S. population. The Agency has not 
identified any concerns for carcinogenicity relating to isethionic acid 
and its salts; therefore, a cancer dietary exposure assessment was not 
performed and an aggregate risk and aggregate cancer risk assessment is 
not a concern.
    7. Determination of safety. Based on these risk assessments, EPA 
concludes that there is a reasonable certainty that no harm will result 
to the general population, or to infants and children from aggregate 
exposure to isethionic acid and its salt residues.

V. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since 
the Agency is establishing an exemption from the requirement of a 
tolerance without any numerical limitation.

VI. Conclusions

    Therefore, exemptions from the requirement of a tolerance are

[[Page 45084]]

established under 40 CFR 180.910 and 40 CFR 180.930 for ethanesulfonic 
acid, 2-hydroxy- (CAS Reg. No. 107-36-8); ethanesulfonic acid, 2-
hydroxy-, ammonium salt (CAS Reg. No. 57267-78-4); ethanesulfonic acid, 
2-hydroxy-, sodium salt (CAS Reg. No. 1562-00-1); ethanesulfonic acid, 
2-hydroxy-, potassium salt (CAS Reg. No. 1561-99-5); ethanesulfonic 
acid, 2-hydroxy-, calcium salt (CAS Reg. No. 10550-47-7); 
ethanesulfonic acid, 2-hydroxy-, magnesium salt (CAS Reg. No. 17345-56-
1), and ethanesulfonic acid, 2-hydroxy-, zinc salt (CAS Reg. No. 
129756-32-7) when used as inert ingredients (chelators, sequestrants, 
and conditioning agents) in pesticide formulations applied to growing 
crops and raw agricultural commodities after harvest and applied to 
animals.

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: July 21, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.


0
2. In Sec.  180.910, add alphabetically the inert ingredients to the 
table to read as follows:


Sec.  180.910  Inert ingredients used pre- and post-harvest; exemptions 
from the requirement of a tolerance.

* * * * *

------------------------------------------------------------------------
      Inert ingredients              Limits                 Uses
------------------------------------------------------------------------
 
                              * * * * * * *
Ethanesulfonic acid, 2-       ....................  Chelator,
 hydroxy- (CAS Reg. No. 107-                         sequestrant, or
 36-8).                                              conditioning agent.
Ethanesulfonic acid, 2-       ....................  Chelator,
 hydroxy-, ammonium salts                            sequestrant, or
 (CAS Reg. No. 57267-78-4).                          conditioning agent.
Ethanesulfonic acid, 2-       ....................  Chelator,
 hydroxy-, calcium salts                             sequestrant, or
 (CAS Reg. No. 10550-47-7).                          conditioning agent.
Ethanesulfonic acid, 2-       ....................  Chelator,
 hydroxy-, magnesium salts                           sequestrant, or
 (CAS Reg. No. 17345-56-1).                          conditioning agent.
Ethanesulfonic acid, 2-       ....................  Chelator,
 hydroxy-, potassium salts                           sequestrant, or
 (CAS Reg. No. 1561-99-5).                           conditioning agent.
Ethanesulfonic acid, 2-       ....................  Chelator,
 hydroxy-, sodium salts (CAS                         sequestrant, or
 Reg. No. 1562-00-1).                                conditioning agent.
Ethanesulfonic acid, 2-       ....................  Chelator,
 hydroxy-, zinc salts (CAS                           sequestrant, or
 Reg. No. 129756-32-7).                              conditioning agent.
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 45085]]


0
3. In Sec.  180.930, add alphabetically the inert ingredients to the 
table to read as follows:


Sec.  180.930  Inert ingredients applied to animals; exemptions from 
the requirement of a tolerance.

* * * * *

------------------------------------------------------------------------
      Inert ingredients              Limits                 Uses
------------------------------------------------------------------------
 
                              * * * * * * *
Ethanesulfonic acid, 2-       ....................  Chelator,
 hydroxy- (CAS Reg. No. 107-                         sequestrant, or
 36-8).                                              conditioning agent.
Ethanesulfonic acid, 2-       ....................  Chelator,
 hydroxy-, ammonium salts                            sequestrant, or
 (CAS Reg. No. 57267-78-4).                          conditioning agent.
Ethanesulfonic acid, 2-       ....................  Chelator,
 hydroxy-, calcium salts                             sequestrant, or
 (CAS Reg. No. 10550-47-7).                          conditioning agent.
Ethanesulfonic acid, 2-       ....................  Chelator,
 hydroxy-, magnesium salts                           sequestrant, or
 (CAS Reg. No. 17345-56-1).                          conditioning agent.
Ethanesulfonic acid, 2-       ....................  Chelator,
 hydroxy-, potassium salts                           sequestrant, or
 (CAS Reg. No. 1561-99-5).                           conditioning agent.
Ethanesulfonic acid, 2-       ....................  Chelator,
 hydroxy-, sodium salts (CAS                         sequestrant, or
 Reg. No. 1562-00-1).                                conditioning agent.
Ethanesulfonic acid, 2-       ....................  Chelator,
 hydroxy-, zinc salts (CAS                           sequestrant, or
 Reg. No. 129756-32-7).                              conditioning agent.
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2015-18610 Filed 7-28-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                                  Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations                                         45079

                                                ENVIRONMENTAL PROTECTION                                 in the Environmental Protection Agency                provided in 40 CFR part 178. To ensure
                                                AGENCY                                                   Docket Center (EPA/DC), West William                  proper receipt by EPA, you must
                                                                                                         Jefferson Clinton Bldg., Rm. 3334, 1301               identify docket ID number EPA–HQ–
                                                40 CFR Part 180                                          Constitution Ave. NW., Washington, DC                 OPP–2014–0325 in the subject line on
                                                [EPA–HQ–OPP–2014–0325; FRL–9930–22]                      20460–0001. The Public Reading Room                   the first page of your submission. All
                                                                                                         is open from 8:30 a.m. to 4:30 p.m.,                  objections and requests for a hearing
                                                Ethanesulfonic Acid, 2-hydroxy and                       Monday through Friday, excluding legal                must be in writing, and must be
                                                the Corresponding Ammonium,                              holidays. The telephone number for the                received by the Hearing Clerk on or
                                                Sodium, Potassium, Calcium,                              Public Reading Room is (202) 566–1744,                before September 28, 2015. Addresses
                                                Magnesium, and Zinc Salts; Exemption                     and the telephone number for the OPP                  for mail and hand delivery of objections
                                                from the Requirement of a Tolerance                      Docket is (703) 305–5805. Please review               and hearing requests are provided in 40
                                                                                                         the visitor instructions and additional               CFR 178.25(b).
                                                AGENCY:  Environmental Protection                        information about the docket available                  In addition to filing an objection or
                                                Agency (EPA).                                            at http://www.epa.gov/dockets.                        hearing request with the Hearing Clerk
                                                ACTION: Final rule.                                      FOR FURTHER INFORMATION CONTACT:                      as described in 40 CFR part 178, please
                                                                                                         Susan Lewis, Registration Division                    submit a copy of the filing (excluding
                                                SUMMARY:    This regulation establishes an                                                                     any Confidential Business Information
                                                                                                         (7505P), Office of Pesticide Programs,
                                                exemption from the requirement of a                                                                            (CBI)) for inclusion in the public docket.
                                                                                                         Environmental Protection Agency, 1200
                                                tolerance for residues of ethanesulfonic                                                                       Information not marked confidential
                                                                                                         Pennsylvania Ave. NW., Washington,
                                                acid, 2-hydroxy- (CAS Reg. No. 107–36–                                                                         pursuant to 40 CFR part 2 may be
                                                                                                         DC 20460–0001; main telephone
                                                8); ethanesulfonic acid, 2-hydroxy-,                                                                           disclosed publicly by EPA without prior
                                                                                                         number: (703) 305–7090; email address:
                                                ammonium salt (CAS Reg. No. 57267–                                                                             notice. Submit the non-CBI copy of your
                                                                                                         RDFRNotices@epa.gov.
                                                78–4); ethanesulfonic acid, 2-hydroxy-,                                                                        objection or hearing request, identified
                                                sodium salt (CAS Reg. No. 1562–00–1);                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                               by docket ID number EPA–HQ–OPP–
                                                ethanesulfonic acid, 2-hydroxy-,                         I. General Information                                2014–0325, by one of the following
                                                potassium salt (CAS Reg. No. 1561–99–                                                                          methods:
                                                5); ethanesulfonic acid, 2-hydroxy-,                     A. Does this action apply to me?                        • Federal eRulemaking Portal: http://
                                                calcium salt (CAS Reg. No. 10550–47–                        You may be potentially affected by                 www.regulations.gov. Follow the online
                                                7); ethanesulfonic acid, 2-hydroxy-,                     this action if you are an agricultural                instructions for submitting comments.
                                                magnesium salt (CAS Reg. No. 17345–                      producer, food manufacturer, or                       Do not submit electronically any
                                                56–1), and ethanesulfonic acid, 2-                       pesticide manufacturer. The following                 information you consider to be CBI or
                                                hydroxy-, zinc salt (CAS Reg. No.                        list of North American Industrial                     other information whose disclosure is
                                                129756–32–7) when used as inert                          Classification System (NAICS) codes is                restricted by statute.
                                                ingredients (chelator, sequestrant and                   not intended to be exhaustive, but rather               • Mail: OPP Docket, Environmental
                                                conditioning agent) in pesticide                         provides a guide to help readers                      Protection Agency Docket Center (EPA/
                                                formulations applied to growing crops                    determine whether this document                       DC), (28221T), 1200 Pennsylvania Ave.
                                                and raw agricultural commodities after                   applies to them. Potentially affected                 NW., Washington, DC 20460–0001.
                                                harvest and applied to animals.                          entities may include:                                   • Hand Delivery: To make special
                                                Technology Sciences Group Inc. (1150                        • Crop production (NAICS code 111).                arrangements for hand delivery or
                                                18th St. NW., Suite 1000 Washington,                        • Animal production (NAICS code                    delivery of boxed information, please
                                                DC 20036) on behalf of Huntsman                          112).                                                 follow the instructions at http://
                                                Corporation (8600 Gosling Rd., The                          • Food manufacturing (NAICS code                   www.epa.gov/dockets/contacts.html.
                                                Woodlands, TX 77381) submitted a                         311).                                                   Additional instructions on
                                                petition to EPA under the Federal Food,                     • Pesticide manufacturing (NAICS                   commenting or visiting the docket,
                                                Drug, and Cosmetic Act (FFDCA),                          code 32532).                                          along with more information about
                                                requesting establishment of an                                                                                 dockets generally, is available at
                                                                                                         B. How can I get electronic access to                 http://www.epa.gov/dockets.
                                                exemption from the requirement of a                      other related information?
                                                tolerance. This regulation eliminates the                                                                      II. Petition for Exemption
                                                need to establish a maximum                                You may access a frequently updated
                                                permissible level for residues of                        electronic version of 40 CFR part 180                    In the Federal Register of August 1,
                                                ethanesulfonic acid, 2-hydroxy- and its                  through the Government Printing                       2014 (79 FR 44729) (FRL–9911–67),
                                                corresponding ammonium, sodium,                          Office’s e-CFR site at http://                        EPA issued a document pursuant to
                                                potassium, calcium, magnesium, and                       www.ecfr.gov/cgi-bin/text-                            FFDCA section 408, 21 U.S.C. 346a,
                                                zinc salts.                                              idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                  announcing the filing of a pesticide
                                                                                                         40tab_02.tpl. To access the OCSPP test                petition (PP IN–10684) by Technology
                                                DATES: This regulation is effective July
                                                                                                         guidelines referenced in this document                Sciences Group Inc. (1150 18th St. NW.,
                                                29, 2015. Objections and requests for                                                                          Suite 1000, Washington, DC 20036) on
                                                                                                         electronically, please go to http://
                                                hearings must be received on or before                                                                         behalf of Huntsman Corporation (8600
                                                                                                         www.epa.gov/ocspp and select ‘‘Test
                                                September 28, 2015, and must be filed                                                                          Gosling Rd., The Woodlands, TX
                                                                                                         Methods and Guidelines.’’
                                                in accordance with the instructions                                                                            77381). The petition requested that 40
                                                provided in 40 CFR part 178 (see also                    C. How can I file an objection or hearing             CFR 180.910 and 40 CFR 180.930 be
                                                Unit I.C. of the SUPPLEMENTARY                           request?                                              amended by establishing an exemption
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                                                INFORMATION).
                                                                                                           Under FFDCA section 408(g), 21                      from the requirement of a tolerance for
                                                ADDRESSES:   The docket for this action,                 U.S.C. 346a, any person may file an                   residues of ethanesulfonic acid, 2-
                                                identified by docket identification (ID)                 objection to any aspect of this regulation            hydroxy- (CAS Reg. No. 107–36–8);
                                                number EPA–HQ–OPP–2014–0325, is                          and may also request a hearing on those               ethanesulfonic acid, 2-hydroxy-,
                                                available at http://www.regulations.gov                  objections. You must file your objection              ammonium salt (CAS Reg. No. 57267–
                                                or at the Office of Pesticide Programs                   or request a hearing on this regulation               78–4); ethanesulfonic acid, 2-hydroxy-,
                                                Regulatory Public Docket (OPP Docket)                    in accordance with the instructions                   sodium salt (CAS Reg. No. 1562–00–1);


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                                                45080             Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations

                                                ethanesulfonic acid, 2-hydroxy-,                         of infants and children to the pesticide                 Isethionate salts are expected to
                                                potassium salt (CAS Reg. No. 1561–99–                    chemical residue in establishing a                    metabolize and dissociate into
                                                5); ethanesulfonic acid, 2-hydroxy-,                     tolerance and to ‘‘ensure that there is a             isethionic acid in the body. Therefore,
                                                calcium salt (CAS Reg. No. 10550–47–                     reasonable certainty that no harm will                toxicity for each of the isethionate salt
                                                7); ethanesulfonic acid, 2-hydroxy-,                     result to infants and children from                   forms are expected to have equal
                                                magnesium salt (CAS Reg. No. 17345–                      aggregate exposure to the pesticide                   toxicity and share similar physical and
                                                56–1), and ethanesulfonic acid, 2-                       chemical residue . . . .’’                            chemical characteristics. Studies on
                                                hydroxy-, zinc salt (CAS Reg. No.                           EPA establishes exemptions from the                isethionic acid or any one of its salt can
                                                129756–32–7) when used as inert                          requirement of a tolerance only in those              be considered relevant for the entire
                                                ingredients (chelator, sequestrant, and                  cases where it can be clearly                         group.
                                                conditioning agent) in pesticide                         demonstrated that the risks from                         The acute oral toxicity of isethionic
                                                formulations applied to growing crops                    aggregate exposure to pesticide                       acid ammonium salt is low. The acute
                                                and raw agricultural commodities after                   chemical residues under reasonably                    oral lethal dose (LD)50 in rats were
                                                harvest and applied to animals in                        foreseeable circumstances will pose no                > 1,000 milligram/kilogram/body weight
                                                accordance with 40 CFR 180.910 and                       appreciable risks to human health. In                 (mg/kg-bw). The acute dermal toxicity
                                                180.930, respectively. That document                     order to determine the risks from                     in rats was > 1,000 mg/kg-bw.
                                                referenced a summary of the petition                     aggregate exposure to pesticide inert                 Ammonium isethionate is a minimal
                                                prepared by Technology Sciences Group                    ingredients, the Agency considers the                 eye irritant based on a primary eye
                                                Inc., the petitioner, which is available in              toxicity of the inert in conjunction with             irritation study in rabbits. Ammonium
                                                the docket, http://www.regulations.gov.                  possible exposure to residues of the                  isethionate is not dermally irritating
                                                There were no comments received in                       inert ingredient through food, drinking               based on a primary skin irritation study
                                                response to the notice of filing.                        water, and through other exposures that               in rabbits. Ammonium isethionate has
                                                                                                         occur as a result of pesticide use in                 an acute inhalation lethal concentration
                                                III. Inert Ingredient Definition                         residential settings. If EPA is able to               (LC)50 > 6.295 milligram/liter (mg/L)
                                                   Inert ingredients are all ingredients                 determine that a finite tolerance is not              and is not a dermal sensitizer.
                                                that are not active ingredients as defined               necessary to ensure that there is a                      In a 90-day oral toxicity study on rats
                                                in 40 CFR 153.125 and include, but are                   reasonable certainty that no harm will                via gavage with sodium isethionate,
                                                not limited to, the following types of                   result from aggregate exposure to the                 decreased mean corpuscular
                                                ingredients (except when they have a                     inert ingredient, an exemption from the               hemoglobin concentration, increased
                                                pesticidal efficacy of their own):                       requirement of a tolerance may be                     mean absolute and relative reticulocyte
                                                Solvents such as alcohols and                            established.                                          counts, increased spleen weights and
                                                hydrocarbons; surfactants such as                           Consistent with FFDCA section                      microscopic changes in the liver, bile
                                                polyoxyethylene polymers and fatty                       408(c)(2)(A), and the factors specified in            duct, and spleen were observed at 1,000
                                                acids; carriers such as clay and                         FFDCA section 408(c)(2)(B), EPA has                   milligram/kilogram/day (mg/kg/day)
                                                diatomaceous earth; thickeners such as                   reviewed the available scientific data                (LOAEL). Effects showed complete
                                                carrageenan and modified cellulose;                      and other relevant information in                     reversal after exposure was
                                                wetting, spreading, and dispersing                       support of this action. EPA has                       discontinued. The NOAEL for sodium
                                                agents; propellants in aerosol                           sufficient data to assess the hazards of              isethionate was identified in this study
                                                dispensers; microencapsulating agents;                   and to make a determination on                        as 200 mg/kg/day.
                                                and emulsifiers. The term ‘‘inert’’ is not               aggregate exposure for ethanesulfonic                    In an OSCPP Harmonized Test
                                                intended to imply nontoxicity; the                       acid, 2-hydroxy and the corresponding                 Guideline 870.3650 combined repeated
                                                ingredient may or may not be                             ammonium, sodium, potassium,                          dose toxicity study with the
                                                chemically active. Generally, EPA has                    calcium, magnesium, and zinc salts                    reproduction/developmental toxicity
                                                exempted inert ingredients from the                      (also referred to as isethionic acid and              screening test, ammonium isethionate
                                                requirement of a tolerance based on the                  its salts) including exposure resulting               was administered to rats by gavage. The
                                                low toxicity of the individual inert                     from the exemption established by this                parental systemic LOAEL for
                                                ingredients.                                             action. EPA’s assessment of exposures                 ammonium isethionate is 500 mg/kg/
                                                                                                         and risks associated with isethionic acid             day based on absolute and relative
                                                IV. Aggregate Risk Assessment and
                                                                                                         and its salts follows.                                kidney weights and relative adrenal
                                                Determination of Safety
                                                                                                                                                               weights, and the parental systemic
                                                   Section 408(c)(2)(A)(i) of FFDCA                      A. Toxicological Profile
                                                                                                                                                               NOAEL is 250 mg/kg/day. The
                                                allows EPA to establish an exemption                       EPA has evaluated the available                     reproductive/developmental LOAEL for
                                                from the requirement for a tolerance (the                toxicity data and considered their                    ammonium isethionate in rats was not
                                                legal limit for a pesticide chemical                     validity, completeness, and reliability as            identified, and the reproductive/
                                                residue in or on a food) only if EPA                     well as the relationship of the results of            developmental NOAEL is greater than or
                                                determines that the tolerance is ‘‘safe.’’               the studies to human risk. EPA has also               equal to 500 mg/kg/day.
                                                Section 408(b)(2)(A)(ii) of FFDCA                        considered available information                         Ammonium isethionate was negative
                                                defines ‘‘safe’’ to mean that ‘‘there is a               concerning the variability of the                     for mutagenicity or chromosomal
                                                reasonable certainty that no harm will                   sensitivities of major identifiable                   aberrations in a battery of tests of
                                                result from aggregate exposure to the                    subgroups of consumers, including                     genotoxicity including a reverse gene
                                                pesticide chemical residue, including                    infants and children. Specific                        mutation assay in bacteria, an in vitro
                                                all anticipated dietary exposures and all                information on the studies received and               mammalian cell gene mutation test
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                                                other exposures for which there is                       the nature of the adverse effects caused              using mouse lymphoma cells and an in
                                                reliable information.’’ This includes                    by isethionic acid and its salts as well              vitro mammalian cell micronucleus test.
                                                exposure through drinking water and in                   as the no-observed-adverse-effect-level                  The OncoLogicTM structure-activity
                                                residential settings, but does not include               (NOAEL) and the lowest-observed-                      model was used to evaluate the
                                                occupational exposure. Section                           adverse-effect-level (LOAEL) from the                 likelihood that isethionic acid and its
                                                408(b)(2)(C) of FFDCA requires EPA to                    toxicity studies are discussed in this                salts may cause cancer. Structure-
                                                give special consideration to exposure                   unit.                                                 activity modeling using Oncologic


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                                                                  Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations                                             45081

                                                indicates that isethionic acid does not                  day toxicity study in rats; however, the                LOAEL are identified. Uncertainty/
                                                contain structural alerts of potential                   chronic reference dose (cRfD) is based                  safety factors are used in conjunction
                                                concern for carcinogenicity. Based on                    on this study and is protective of these                with the POD to calculate a safe
                                                the negative results for genotoxicity as                 effects.                                                exposure level—generally referred to as
                                                well as the structure-activity model for                    No metabolism studies were available                 a population-adjusted dose (PAD) or a
                                                carcinogenicity there is a low concern                   in the database for isethionic acid and                 reference dose (RfD)—and a safe margin
                                                for isethionic acid and its salts as                     its salts.                                              of exposure (MOE). For non-threshold
                                                potential carcinogens.                                   B. Toxicological Points of Departure/                   risks, the Agency assumes that any
                                                  No neurotoxicity studies were                                                                                  amount of exposure will lead to some
                                                                                                         Levels of Concern
                                                available in the database for isethionic                                                                         degree of risk. Thus, the Agency
                                                acid and its salts. However, a functional                   Once a pesticide’s toxicological
                                                                                                                                                                 estimates risk in terms of the probability
                                                observational battery (FOB) and                          profile is determined, EPA identifies
                                                                                                         toxicological points of departure (POD)                 of an occurrence of the adverse effect
                                                locomotor activity patterns were                                                                                 expected in a lifetime. For more
                                                evaluated in the combined                                and levels of concern to use in
                                                                                                         evaluating the risk posed by human                      information on the general principles
                                                reproduction/developmental toxicity
                                                                                                         exposure to the pesticide. For hazards                  EPA uses in risk characterization and a
                                                screening test and 90-day oral toxicity
                                                                                                         that have a threshold below which there                 complete description of the risk
                                                study. No alterations in the FOB or
                                                                                                         is no appreciable risk, the toxicological               assessment process, see http://
                                                locomotor activity patterns were
                                                                                                         POD is used as the basis for derivation                 www.epa.gov/pesticides/factsheets/
                                                observed.
                                                  No Immunotoxicity studies on                           of reference values for risk assessment.                riskassess.htm.
                                                isethionic acid and its salts were                       PODs are developed based on a careful                      A summary of the toxicological
                                                available in the database. Increased                     analysis of the doses in each                           endpoints for isethionic acid and its
                                                spleen weights and microscopic changes                   toxicological study to determine the                    salts used for human risk assessment is
                                                in the spleen were observed in the 90-                   dose at which the NOAEL and the                         shown in Table 1 of this unit.

                                                     TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR ISETHIONIC ACID AND ITS SALTS FOR USE IN
                                                                                        HUMAN RISK ASSESSMENT
                                                                                          Point of departure
                                                                                                  and               RfD, PAD, LOC for
                                                       Exposure/scenario                                                                                        Study and toxicological effects
                                                                                          uncertainty/safety         risk assessment
                                                                                                factors

                                                Acute dietary (Females 13–50                An acute effect was not found in the database therefore an acute dietary assessment is not necessary.
                                                  years of age).

                                                Acute dietary (General popu-                An acute effect was not found in the database therefore an acute dietary assessment is not necessary.
                                                  lation including infants and
                                                  children).

                                                Chronic dietary (All populations)       NOAEL = 200 mg/            Chronic RfD = 200             90-day oral toxicity-rat LOAEL = 1,000 mg/kg/day based on de-
                                                                                         kg/day.                     mg/kg/day.                    creased body weight, changes in hematology parameters, in-
                                                                                        UFA = 10x                  cPAD = 2.0 mg/kg/               creased spleen weights, macroscopic changes in the liver
                                                                                        UFH = 10x                    day.                          and microscopic changes in the liver, bile duct and spleen.
                                                                                        FQPA SF = 1x
                                                Incidental oral short-term (1 to        NOAEL = 200 mg/            LOC for MOE = 100             90-day oral toxicity-rat LOAEL = 1,000 mg/kg/day based on de-
                                                  30 days).                               kg/day.                                                  creased body weight, changes in hematology parameters, in-
                                                                                        UFA = 10x                                                  creased spleen weights, macroscopic changes in the liver
                                                                                        UFH = 10x                                                  and microscopic changes in the liver, bile duct and spleen.
                                                                                        FQPA SF = 1x
                                                Incidental oral intermediate-           NOAEL = 200 mg/            LOC for MOE = 100             90-day oral toxicity-rat LOAEL = 1,000 mg/kg/day based on de-
                                                  term (1 to 6 months).                   kg/day.                                                  creased body weight, changes in hematology parameters, in-
                                                                                        UFA = 10x                                                  creased spleen weights, macroscopic changes in the liver
                                                                                        UFH = 10x                                                  and microscopic changes in the liver, bile duct and spleen.
                                                                                        FQPA SF = 1x
                                                Dermal short-term (1 to 30              Dermal (or oral)           LOC for MOE = 100             90-day oral toxicity-rat LOAEL = 1,000 mg/kg/day based on de-
                                                  days).                                  study NOAEL =                                            creased body weight, changes in hematology parameters, in-
                                                                                          200 mg/kg/day                                            creased spleen weights, macroscopic changes in the liver
                                                                                          (dermal absorption                                       and microscopic changes in the liver, bile duct and spleen.
                                                                                          rate = 100%.
                                                                                        UFA = 10x
                                                                                        UFH = 10x
                                                                                        FQPA SF = 1x
                                                Dermal intermediate-term (1 to          Dermal (or oral)           LOC for MOE = 100             90-day oral toxicity-rat LOAEL = 1,000 mg/kg/day based on de-
                                                  6 months).                              study NOAEL =                                            creased body weight, changes in hematology parameters, in-
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                                                                                          200 mg/kg/day                                            creased spleen weights, macroscopic changes in the liver
                                                                                          (dermal absorption                                       and microscopic changes in the liver, bile duct and spleen.
                                                                                          rate = 100%.
                                                                                        UFA = 10x
                                                                                        UFH = 10x
                                                                                        FQPA SF = 1x




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                                                45082             Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations

                                                     TABLE 1—SUMMARY OF TOXICOLOGICAL DOSES AND ENDPOINTS FOR ISETHIONIC ACID AND ITS SALTS FOR USE IN
                                                                                   HUMAN RISK ASSESSMENT—Continued
                                                                                           Point of departure
                                                                                                   and               RfD, PAD, LOC for
                                                       Exposure/scenario                                                                                         Study and toxicological effects
                                                                                           uncertainty/safety         risk assessment
                                                                                                 factors

                                                Inhalation short-term (1 to 30           Inhalation (or oral)       LOC for MOE = 100             90-day oral toxicity-rat LOAEL = 1,000 mg/kg/day based on de-
                                                  days).                                   study NOAEL =                                            creased body weight, changes in hematology parameters, in-
                                                                                           200 mg/kg/day (in-                                       creased spleen weights, macroscopic changes in the liver
                                                                                           halation absorption                                      and microscopic changes in the liver, bile duct and spleen.
                                                                                           rate = 100%).
                                                                                         UFA = 10x
                                                                                         UFH = 10x
                                                                                         FQPA SF = 1x
                                                Inhalation (1 to 6 months) .........     Inhalation (or oral)       LOC for MOE = 100             90-day oral toxicity-rat LOAEL = 1,000 mg/kg/day based on de-
                                                                                           study NOAEL =                                            creased body weight, changes in hematology parameters, in-
                                                                                           200 mg/kg/day (in-                                       creased spleen weights, macroscopic changes in the liver
                                                                                           halation absorption                                      and microscopic changes in the liver, bile duct and spleen.
                                                                                           rate = 100%).
                                                                                         UFA = 10x
                                                                                         UFH = 10x
                                                                                         FQPA SF = 1x

                                                Cancer (Oral, dermal, inhala-             Based on structural activity analysis, lack of effects suggestive of potential carcinogenicity in subchronic stud-
                                                  tion).                                 ies and negative results for genotoxicity in bacterial and mammalian cell assays, there is a low concern for the
                                                                                                                 salts of isethionate and isethionic acid as potential carcinogens.
                                                  FQPA SF = Food Quality Protection Act Safety Factor. LOAEL = lowest-observed-adverse-effect-level. LOC = level of concern. mg/kg/day =
                                                milligram/kilogram/day. MOE = margin of exposure. NOAEL = no-observed-adverse-effect-level. PAD = population adjusted dose (a = acute, c =
                                                chronic). RfD = reference dose. UF = uncertainty factor. UFA = extrapolation from animal to human (interspecies). UFH = potential variation in
                                                sensitivity among members of the human population (intraspecies).


                                                C. Exposure Assessment                                    to these highest of tolerances would be                 carpets, swimming pools, and hard
                                                   1. Dietary exposure from food and                      no higher than the concentration of the                 surface disinfection on walls, floors,
                                                feed uses. In evaluating dietary                          active ingredient. The model assumes                    tables).
                                                exposure to isethionic acid and its salts,                100 percent crop treated (PCT) for all                     Isethionic acid and its salts may be
                                                EPA considered exposure under the                         crops and that every food eaten by a                    used as inert ingredients in pesticide
                                                proposed exemption from the                               person each day has tolerance-level                     products that are registered for specific
                                                requirement of a tolerance. EPA                           residues. A complete description of the                 uses that may result in indoor or
                                                assessed dietary exposures from                           general approach taken to assess inert                  outdoor residential inhalation and
                                                isethionic acid and its salts in food as                  ingredient risks in the absence of                      dermal exposures. A screening level
                                                follows:                                                  residue data is contained in the                        residential exposure and risk
                                                   An acute dietary risk assessment was                   memorandum entitled ‘‘Alkyl Amines                      assessment was completed utilizing
                                                not conducted because no endpoint of                      Polyalkoxylates (Cluster 4): Acute and                  conservative residential exposure
                                                concern following a single exposure was                   Chronic Aggregate (Food and Drinking                    assumptions. The Agency assessed
                                                identified in the available studies. A                    Water) Dietary Exposure and Risk                        short- and intermediate-term dermal
                                                chronic dietary exposure assessment                       Assessments for the Inerts’’ (D361707, S.               and inhalation exposures for residential
                                                was completed and performed using the                     Piper, 2/25/09) and can be found at                     handlers that would result from low
                                                Dietary Exposure Evaluation Model                         http://www.regulations.gov in docket ID                 pressure hand wand, hose end sprayer
                                                DEEM–FCIDTM, Version 3.16 which                           number EPA–HQ–OPP–2008–0738.                            and trigger sprayer for each pesticide
                                                includes food consumption information                        2. Dietary exposure from drinking                    type, herbicide, insecticide, and
                                                from the U.S. Department of                               water. For the purpose of the screening                 fungicide. The Agency assessed post-
                                                Agriculture’s National Health and                         level dietary risk assessment to support                application short-term dermal exposure
                                                Nutrition Examination Survey, ‘‘What                      this request for an exemption from the                  for children short-term hand-to-mouth
                                                We Eat In America’’, (NHANES/                             requirement of a tolerance for isethionic               and dermal exposure for children and
                                                WWEIA). This dietary survey was                           acid and its salts, a conservative                      adults from contact with treated lawns.
                                                conducted from 2003 to 2008. In the                       drinking water concentration value of                      4. Cumulative effects from substances
                                                absence of actual residue data, the inert                 100 parts per billion (ppb) based on                    with a common mechanism of toxicity.
                                                ingredient evaluation is based on a                       screening level modeling was used to                    Section 408(b)(2)(D)(v) of FFDCA
                                                highly conservative model that assumes                    assess the contribution to drinking                     requires that, when considering whether
                                                that the residue level of the inert                       water for the chronic dietary risk                      to establish, modify, or revoke a
                                                ingredient would be no higher than the                    assessments for parent compound.                        tolerance, the Agency consider
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                                                highest established tolerance for an                      These values were directly entered into                 ‘‘available information’’ concerning the
                                                active ingredient on a given commodity.                   the dietary exposure model.                             cumulative effects of a particular
                                                Implicit in this assumption is that there                    3. From non-dietary exposure. The                    pesticide’s residues and ‘‘other
                                                would be similar rates of degradation                     term ‘‘residential exposure’’ is used in                substances that have a common
                                                between the active and inert ingredient                   this document to refer to non-                          mechanism of toxicity.’’
                                                (if any) and that the concentration of                    occupational, non-dietary exposure                         EPA has not found isethionic acid and
                                                inert ingredient in the scenarios leading                 (e.g., textiles (clothing and diapers),                 its salts to share a common mechanism


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                                                                  Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations                                          45083

                                                of toxicity with any other substances,                   microscopic changes in the spleen were                short-term residential exposure plus
                                                and isethionic acid and its salts does not               observed in the 90-day toxicity study in              chronic exposure to food and water
                                                appear to produce a toxic metabolite                     rats those effects were due to red blood              (considered to be a background
                                                produced by other substances. For the                    cell destruction and therefore not                    exposure level). Isethionic acid and its
                                                purposes of this tolerance action,                       considered an immuno toxic effect. In                 salts may be used as an inert ingredient
                                                therefore, EPA has assumed that                          any event, the cRfD is based on this                  in pesticide products that are registered
                                                isethionic acid and its salts does not                   study and is protective of these effects.             for uses that could result in short-term
                                                have a common mechanism of toxicity                      Therefore, there is no need for an                    residential exposure, and the Agency
                                                with other substances. For information                   Immunotoxicity study or additional UFs                has determined that it is appropriate to
                                                regarding EPA’s efforts to determine                     to account for Immunotoxicity.                        aggregate chronic exposure through food
                                                which chemicals have a common                               iv. There is no evidence that                      and water with short-term residential
                                                mechanism of toxicity and to evaluate                    isethionic acid and its salts result in               exposures to isethionic acid and its
                                                the cumulative effects of such                           increased susceptibility for infants and              salts.
                                                chemicals, see EPA’s Web site at                         children.                                                Using the exposure assumptions
                                                http://www.epa.gov/pesticides/                              v. There are no residual uncertainties             described in this unit for short-term
                                                cumulative.                                              identified in the exposure databases.                 exposures, EPA has concluded the
                                                                                                         The dietary food exposure assessments                 combined short-term food, water, and
                                                D. Safety Factor for Infants and                         were performed based on 100 PCT and                   residential exposures result in aggregate
                                                Children                                                 tolerance-level residues. EPA made                    MOEs of 187 for adults and 123 for
                                                  1. In general. Section 408(b)(2)(C) of                 conservative (protective) assumptions in              children. Because EPA’s level of
                                                FFDCA provides that EPA shall apply                      the ground and surface water modeling                 concern for isethionic acid and its salts
                                                an additional tenfold (10X) margin of                    used to assess exposure to isethionic                 are MOEs of 100 or below, these MOEs
                                                safety for infants and children in the                   acid and its salts in drinking water. EPA             are not of concern.
                                                case of threshold effects to account for                 used similarly conservative assumptions                  5. Intermediate-term risk.
                                                prenatal and postnatal toxicity and the                  to assess postapplication exposure of                 Intermediate-term aggregate exposure
                                                completeness of the database on toxicity                 children as well as incidental oral                   takes into account intermediate-term
                                                and exposure unless EPA determines                       exposure of toddlers. These assessments               residential exposure plus chronic
                                                based on reliable data that a different                  will not underestimate the exposure and               exposure to food and water (considered
                                                margin of safety will be safe for infants                risks posed by isethionic acid and its                to be a background exposure level).
                                                and children. This additional margin of                  salts.                                                Isethionic acid and its salts are currently
                                                safety is commonly referred to as the                                                                          used as an inert ingredient in pesticide
                                                                                                         E. Aggregate Risks and Determination of
                                                Food Quality Protection Act (FQPA)                                                                             products that are registered for uses that
                                                                                                         Safety
                                                Safety Factor (SF). In applying this                                                                           could result in intermediate-term
                                                provision, EPA either retains the default                   1. Determination of safety section.                residential exposure. The endpoint of
                                                value of 10X, or uses a different                        EPA determines whether acute and                      concern selected for short- and
                                                additional safety factor when reliable                   chronic dietary pesticide exposures are               intermediate-term exposure assessment
                                                data available to EPA support the choice                 safe by comparing aggregate exposure                  is the same NOAEL, therefore
                                                of a different factor.                                   estimates to the acute PAD (aPAD) and                 intermediate term exposure is not
                                                  2. Prenatal and postnatal sensitivity.                 chronic PAD (cPAD). For linear cancer                 expected to exceed short term aggregate
                                                Fetal susceptibility was not observed in                 risks, EPA calculates the lifetime                    exposure and therefore there are no
                                                the combined developmental/                              probability of acquiring cancer given the             concerns for intermediate-term
                                                reproduction toxicity screening test in                  estimated aggregate exposure. Short-,                 aggregate exposure.
                                                rats. Neither offspring nor reproduction                 intermediate-, and chronic-term risks                    6. Aggregate cancer risk for U.S.
                                                toxicity was observed in this study at                   are evaluated by comparing the                        population. The Agency has not
                                                dose levels up to 500 mg/kg/day in rats,                 estimated aggregate food, water, and                  identified any concerns for
                                                the highest dose tested.                                 residential exposure to the appropriate               carcinogenicity relating to isethionic
                                                  3. Conclusion. EPA has determined                      PODs to ensure that an adequate MOE                   acid and its salts; therefore, a cancer
                                                that reliable data show the safety of                    exists.                                               dietary exposure assessment was not
                                                infants and children would be                               2. Acute risk. An acute aggregate risk             performed and an aggregate risk and
                                                adequately protected if the FQPA SF                      assessment takes into account acute                   aggregate cancer risk assessment is not
                                                were reduced to 1x. That decision is                     exposure estimates from dietary                       a concern.
                                                based on the following findings:                         consumption of food and drinking                         7. Determination of safety. Based on
                                                  i. The toxicity database for isethionic                water. No adverse effect resulting from               these risk assessments, EPA concludes
                                                acid and its salts contains the following                a single oral exposure was identified                 that there is a reasonable certainty that
                                                acceptable studies: Subchronic,                          and no acute dietary endpoint was                     no harm will result to the general
                                                reproduction/developmental screening                     selected. Therefore, isethionic acid and              population, or to infants and children
                                                study, and a mutagenicity study. The                     its salts is not expected to pose an acute            from aggregate exposure to isethionic
                                                database is considered to be adequate to                 risk.                                                 acid and its salt residues.
                                                assess prenatal and postnatal toxicity.                     3. Chronic risk. Using the exposure
                                                  ii. There is no indication that                        assumptions described in this unit for                V. Analytical Enforcement Methodology
                                                isethionic acid and its salts are                        chronic exposure, EPA has concluded                      An analytical method is not required
                                                neurotoxic chemicals and there is no                     that chronic exposure to isethionic acid              for enforcement purposes since the
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                                                need for a developmental neurotoxicity                   and its salts from food and water will                Agency is establishing an exemption
                                                study or additional uncertainty factors                  utilize 9.5% of the cPAD for the U.S.                 from the requirement of a tolerance
                                                (UF) to account for neurotoxicity.                       population and 35.3% of the cPAD for                  without any numerical limitation.
                                                  iii. There is no indication that                       children 1–2 yrs. old, the population
                                                isethionic acid and its salts are                        group receiving the greatest exposure.                VI. Conclusions
                                                immunotoxic chemicals. Although                             4. Short-term risk. Short-term                       Therefore, exemptions from the
                                                increased spleen weights and                             aggregate exposure takes into account                 requirement of a tolerance are


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                                                45084             Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations

                                                established under 40 CFR 180.910 and                         Paperwork Reduction Act (PRA) (44                                               This action does not involve any
                                                40 CFR 180.930 for ethanesulfonic acid,                      U.S.C. 3501 et seq.), nor does it require                                     technical standards that would require
                                                2-hydroxy- (CAS Reg. No. 107–36–8);                          any special considerations under                                              Agency consideration of voluntary
                                                ethanesulfonic acid, 2-hydroxy-,                             Executive Order 12898, entitled                                               consensus standards pursuant to section
                                                ammonium salt (CAS Reg. No. 57267–                           ‘‘Federal Actions to Address                                                  12(d) of the National Technology
                                                78–4); ethanesulfonic acid, 2-hydroxy-,                      Environmental Justice in Minority                                             Transfer and Advancement Act
                                                sodium salt (CAS Reg. No. 1562–00–1);                        Populations and Low-Income                                                    (NTTAA) (15 U.S.C. 272 note).
                                                ethanesulfonic acid, 2-hydroxy-,                             Populations’’ (59 FR 7629, February 16,
                                                                                                                                                                                           VIII. Congressional Review Act
                                                potassium salt (CAS Reg. No. 1561–99–                        1994).
                                                5); ethanesulfonic acid, 2-hydroxy-,                            Since tolerances and exemptions that                                         Pursuant to the Congressional Review
                                                calcium salt (CAS Reg. No. 10550–47–                         are established on the basis of a petition                                    Act (5 U.S.C. 801 et seq.), EPA will
                                                7); ethanesulfonic acid, 2-hydroxy-,                         under FFDCA section 408(d), such as                                           submit a report containing this rule and
                                                magnesium salt (CAS Reg. No. 17345–                          the exemptions in this final rule, do not                                     other required information to the U.S.
                                                56–1), and ethanesulfonic acid, 2-                           require the issuance of a proposed rule,                                      Senate, the U.S. House of
                                                hydroxy-, zinc salt (CAS Reg. No.                            the requirements of the Regulatory                                            Representatives, and the Comptroller
                                                129756–32–7) when used as inert                              Flexibility Act (RFA) (5 U.S.C. 601 et                                        General of the United States prior to
                                                ingredients (chelators, sequestrants, and                    seq.), do not apply.                                                          publication of the rule in the Federal
                                                conditioning agents) in pesticide                               This action directly regulates growers,                                    Register. This action is not a ‘‘major
                                                formulations applied to growing crops                        food processors, food handlers, and food                                      rule’’ as defined by 5 U.S.C. 804(2).
                                                and raw agricultural commodities after                       retailers, not States or tribes, nor does
                                                                                                             this action alter the relationships or                                        List of Subjects in 40 CFR Part 180
                                                harvest and applied to animals.
                                                                                                             distribution of power and                                                       Environmental protection,
                                                VII. Statutory and Executive Order                           responsibilities established by Congress                                      Administrative practice and procedure,
                                                Reviews                                                      in the preemption provisions of FFDCA                                         Agricultural commodities, Pesticides
                                                   This action establishes exemptions                        section 408(n)(4). As such, the Agency                                        and pests, Reporting and recordkeeping
                                                from the requirement of a tolerance                          has determined that this action will not                                      requirements.
                                                under FFDCA section 408(d) in                                have a substantial direct effect on States                                      Dated: July 21, 2015.
                                                response to a petition submitted to the                      or tribal governments, on the
                                                                                                                                                                                           Susan Lewis,
                                                Agency. The Office of Management and                         relationship between the national
                                                                                                                                                                                           Director, Registration Division, Office of
                                                Budget (OMB) has exempted these types                        government and the States or tribal
                                                                                                                                                                                           Pesticide Programs.
                                                of actions from review under Executive                       governments, or on the distribution of
                                                Order 12866, entitled ‘‘Regulatory                           power and responsibilities among the                                            Therefore, 40 CFR chapter I is
                                                Planning and Review’’ (58 FR 51735,                          various levels of government or between                                       amended as follows:
                                                October 4, 1993). Because this action                        the Federal Government and Indian
                                                has been exempted from review under                          tribes. Thus, the Agency has determined                                       PART 180—[AMENDED]
                                                Executive Order 12866, this action is                        that Executive Order 13132, entitled
                                                not subject to Executive Order 13211,                        ‘‘Federalism’’ (64 FR 43255, August 10,                                       ■ 1. The authority citation for part 180
                                                entitled ‘‘Actions Concerning                                1999) and Executive Order 13175,                                              continues to read as follows:
                                                Regulations That Significantly Affect                        entitled ‘‘Consultation and Coordination                                          Authority: 21 U.S.C. 321(q), 346a and 371.
                                                Energy Supply, Distribution, or Use’’ (66                    with Indian Tribal Governments’’ (65 FR                                       ■ 2. In § 180.910, add alphabetically the
                                                FR 28355, May 22, 2001) or Executive                         67249, November 9, 2000) do not apply                                         inert ingredients to the table to read as
                                                Order 13045, entitled ‘‘Protection of                        to this action. In addition, this action                                      follows:
                                                Children from Environmental Health                           does not impose any enforceable duty or
                                                Risks and Safety Risks’’ (62 FR 19885,                       contain any unfunded mandate as                                               § 180.910 Inert ingredients used pre- and
                                                April 23, 1997). This action does not                        described under Title II of the Unfunded                                      post-harvest; exemptions from the
                                                contain any information collections                          Mandates Reform Act (UMRA) (2 U.S.C.                                          requirement of a tolerance.
                                                subject to OMB approval under the                            1501 et seq.).                                                                *      *      *       *      *

                                                                 Inert ingredients                                                           Limits                                                                  Uses


                                                          *                  *                                  *                                *                                 *                      *                     *
                                                Ethanesulfonic acid, 2-hydroxy- (CAS Reg.                    ...........................................................................   Chelator, sequestrant, or conditioning agent.
                                                  No. 107–36–8).
                                                Ethanesulfonic acid, 2-hydroxy-, ammonium                    ...........................................................................   Chelator, sequestrant, or conditioning agent.
                                                  salts (CAS Reg. No. 57267–78–4).
                                                Ethanesulfonic acid, 2-hydroxy-, calcium salts               ...........................................................................   Chelator, sequestrant, or conditioning agent.
                                                  (CAS Reg. No. 10550–47–7).
                                                Ethanesulfonic acid, 2-hydroxy-, magnesium                   ...........................................................................   Chelator, sequestrant, or conditioning agent.
                                                  salts (CAS Reg. No. 17345–56–1).
                                                Ethanesulfonic acid, 2-hydroxy-, potassium                   ...........................................................................   Chelator, sequestrant, or conditioning agent.
                                                  salts (CAS Reg. No. 1561–99–5).
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                                                Ethanesulfonic acid, 2-hydroxy-, sodium salts                ...........................................................................   Chelator, sequestrant, or conditioning agent.
                                                  (CAS Reg. No. 1562–00–1).
                                                Ethanesulfonic acid, 2-hydroxy-, zinc salts                  ...........................................................................   Chelator, sequestrant, or conditioning agent.
                                                  (CAS Reg. No. 129756–32–7).

                                                          *                           *                           *                              *                                 *                         *                  *




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                                                                  Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Rules and Regulations                                                                            45085

                                                ■ 3. In § 180.930, add alphabetically the                    § 180.930 Inert ingredients applied to
                                                inert ingredients to the table to read as                    animals; exemptions from the requirement
                                                                                                             of a tolerance.
                                                follows:
                                                                                                             *          *         *        *          *

                                                                 Inert ingredients                                                             Limits                                                           Uses


                                                          *                  *                                  *                                *                                 *                      *                     *
                                                Ethanesulfonic acid, 2-hydroxy- (CAS Reg.                    ...........................................................................   Chelator, sequestrant, or conditioning agent.
                                                  No. 107–36–8).
                                                Ethanesulfonic acid, 2-hydroxy-, ammonium                    ...........................................................................   Chelator, sequestrant, or conditioning agent.
                                                  salts (CAS Reg. No. 57267–78–4).
                                                Ethanesulfonic acid, 2-hydroxy-, calcium salts               ...........................................................................   Chelator, sequestrant, or conditioning agent.
                                                  (CAS Reg. No. 10550–47–7).
                                                Ethanesulfonic acid, 2-hydroxy-, magnesium                   ...........................................................................   Chelator, sequestrant, or conditioning agent.
                                                  salts (CAS Reg. No. 17345–56–1).
                                                Ethanesulfonic acid, 2-hydroxy-, potassium                   ...........................................................................   Chelator, sequestrant, or conditioning agent.
                                                  salts (CAS Reg. No. 1561–99–5).
                                                Ethanesulfonic acid, 2-hydroxy-, sodium salts                ...........................................................................   Chelator, sequestrant, or conditioning agent.
                                                  (CAS Reg. No. 1562–00–1).
                                                Ethanesulfonic acid, 2-hydroxy-, zinc salts                  ...........................................................................   Chelator, sequestrant, or conditioning agent.
                                                  (CAS Reg. No. 129756–32–7).

                                                          *                           *                           *                              *                                 *                      *                     *



                                                [FR Doc. 2015–18610 Filed 7–28–15; 8:45 am]                  DATES:  This action is effective August                                       212–637–3959; or Email hess.alison@
                                                BILLING CODE 6560–50–P                                       28, 2015.                                                                     epa.gov.
                                                                                                             ADDRESSES: Docket: EPA has established                                        SUPPLEMENTARY INFORMATION:      The site to
                                                                                                             a docket for this action under Docket                                         be deleted from the NPL is: Crown
                                                ENVIRONMENTAL PROTECTION                                     Identification No. EPA–HQ–SFUND–                                              Vantage Landfill Superfund Site,
                                                AGENCY                                                       2005–0002. All documents in the docket                                        Alexandria Township, New Jersey. A
                                                                                                             are listed in the http://                                                     Notice of Intent to Delete for this Site
                                                40 CFR Part 300                                              www.regulations.gov index. Although                                           was published in the Federal Register
                                                                                                             listed in the index, some information is                                      (80 FR 23757) on April 29, 2015. The
                                                [EPA–HQ–SFUND–2005–0002; FRL–9931–                           not publicly available, e.g., CBI or other
                                                47–Region 2]                                                                                                                               closing date for comments on the Notice
                                                                                                             information whose disclosure is                                               of Intent to Delete was May 29, 2015. No
                                                National Oil and Hazardous Substance                         restricted by statute. Certain other                                          comments were received and therefore
                                                Pollution Contingency Plan National                          material, such as copyrighted material,                                       no response to comments was required.
                                                Priorities List: Deletion of the Crown                       will be publicly available only in the                                        The deletion action is appropriate.
                                                Vantage Landfill Superfund Site                              hard copy. Publicly available docket                                             EPA maintains the NPL as the list of
                                                                                                             materials are available either                                                sites that appear to present a significant
                                                AGENCY:  Environmental Protection                            electronically in http://                                                     risk to public health, welfare, or the
                                                Agency (EPA).                                                www.regulations.gov or in hard copy at                                        environment. Deletion from the NPL
                                                ACTION: Final rule.                                          the Site Information repositories.                                            does not preclude further remedial
                                                                                                             Locations, contacts, telephone numbers                                        action. Whenever there is a significant
                                                SUMMARY:   The Environmental Protection                      and viewing hours are:                                                        release from a site deleted from the NPL,
                                                Agency (EPA) Region 2 announces the                             U.S. Environmental Protection                                              the deleted site may be restored to the
                                                deletion of the Crown Vantage Landfill                       Agency, Region 2, Superfund Records                                           NPL without application of the hazards
                                                Superfund Site (Site), located in                            Center, 290 Broadway, Room 1828, New                                          ranking system. Deletion of a site from
                                                Alexandria Township, Hunterdon                               York, NY 10007–1866, Telephone: 212–                                          the NPL does not affect the responsible
                                                County, New Jersey, from the National                        637–4308, Hours: Monday through                                               party liability in the unlikely event that
                                                Priorities List (NPL). The NPL,                              Friday from 9:00 a.m. to 5:00 p.m. and                                        future conditions warrant further
                                                promulgated pursuant to section 105 of                          Milford Public Library, Crown                                              actions.
                                                the Comprehensive Environmental                              Vantage Landfill Site Repository File, 40
                                                Response, Compensation, and Liability                        Frenchtown Road, Milford, NJ 08848,                                           List of Subjects in 40 CFR Part 300
                                                Act (CERCLA) of 1980, as amended, is                         Telephone: 908–995–4072, Hours:                                                 Environmental protection, Air
                                                an appendix of the National Oil and                          Monday 12:00 p.m. to 7:00 p.m.,                                               pollution control, Chemicals, Hazardous
                                                Hazardous Substances Pollution                               Tuesday 11 a.m. to 5:00 p.m.,                                                 substances, Hazardous waste,
                                                Contingency Plan (NCP). EPA and the                          Wednesday 12 p.m. to 8:00 p.m.,                                               Intergovernmental relations, Penalties,
                                                State of New Jersey, through the New                         Thursday 11 a.m. to 8:00 p.m., Friday                                         Reporting and recordkeeping
                                                Jersey Department of Environmental                           10:00 a.m. to 1:00 p.m. and 5:00 p.m. to                                      requirements, Superfund, Water
mstockstill on DSK4VPTVN1PROD with RULES




                                                Protection, have determined that all                         8:00 p.m., and Saturday 10:00 a.m. to                                         pollution control, Water supply.
                                                appropriate response actions under                           1:00 p.m.
                                                                                                                                                                                             Dated: July 6, 2015.
                                                CERCLA, other than long-term                                 FOR FURTHER INFORMATION CONTACT:
                                                maintenance and five-year reviews,                           Alison Hess, Remedial Project Manager,                                        Judith A. Enck,
                                                have been completed. However, this                           U.S. Environmental Protection Agency,                                         Regional Administrator, Region 2.
                                                deletion does not preclude future                            Region 2, 290 Broadway, 19th Floor,                                             For reasons set out in the preamble,
                                                actions under Superfund.                                     New York, NY 10007–1866; Telephone                                            40 CFR part 300 is amended as follows:


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Document Created: 2015-12-15 13:05:34
Document Modified: 2015-12-15 13:05:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis regulation is effective July 29, 2015. Objections and requests for hearings must be received on or before September 28, 2015, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ContactSusan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation80 FR 45079 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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