83 FR 23247 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 97 (May 18, 2018)

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

[Federal Register Volume 83, Number 97 (Friday, May 18, 2018)]
[Proposed Rules]
[Pages 23247-23250]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10692]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0006; FRL-9976-87]


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

AGENCY: Environmental Protection Agency (EPA).

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

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

DATES: Comments must be received on or before June 20, 2018.

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

[[Page 23248]]

delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

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

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

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

II. What action is the Agency taking?

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

Amended Tolerances for Inerts

    PP IN-11085. (EPA-HQ-OPP-2018-0150). Sci Reg., Inc. 12733 
Director's Loop, Woodbridge, VA 22191 on behalf of Bayer CropScience 
Biologics GmbH, requests to amend an exemption from the requirement of 
a tolerance in 40 CFR 180.920 for residues of the titanium dioxide (CAS 
Reg. No. 13463-67-7) when used as an inert ingredient (carrier) in 
pesticide formulations applied to growing crops. The petitioner 
believes no analytical method is needed because it is not required for 
an exemption from the requirement of a tolerance. Contact: RD.

Amended Tolerances for Non-Inerts

    PP 7F8650. (EPA-HQ-OPP-2018-0030). Makhteshim Agan of North America 
(d/b/a ADAMA, 3120 Highlands Blvd., Suite 100, Raleigh, NC 27604), 
requests to amend the tolerances in 40 CFR 180.680 for residues of the 
nematicide, fluensulfone and its metabolite BSA expressed as 
fluensulfone equivalents, in or on Berry, low growing, subgroup 13-07G 
at 0.5 parts per million (ppm); Brassica, head and stem, subgroup 5A at 
1.5 ppm; Brassica, leafy greens, subgroup 5B at 20 ppm; Potato, chips 
at 2 (ppm); Potato, granules/flakes at 2 ppm; Tomato, paste at 1.5ppm; 
Vegetables, cucurbits, group 9 at 0.7 ppm; Vegetables, fruiting, group 
8-10 at 0.7 ppm; Vegetables, leafy, except Brassica, group 4 at 4 ppm; 
Vegetables, leaves of root and tuber, group 2, except sugar beet at 50 
ppm; Vegetables, root, except sugar beet, subgroup 1B at 4 ppm; and 
Vegetables, tuberous and corm, subgroup 1C at 0.8 ppm. The LC-MS/MS 
methods are used to measure and evaluate the chemical fluensulfone plus 
its metabolite 3,4,4-trifluoro-but-3-ene-1-sulfonic acid (BSA) 
expressed as fluensulfone equivalents. Contact: RD

New Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11097. (EPA-HQ-OPP-2018-0151). Nalco Water, an Ecolab 
Company, 1601 W Diehl Road,

[[Page 23249]]

Haperville, IL 60563, requests to establish an exemption from the 
requirement of a tolerance for residues of phosphonic acid, 
[[phosphonomethyl)imino]bis[2,1-
ethanediylnitrilobis(methylene)]]tetrakis-, sodium salt (CAS Reg. No. 
22042-96-2) and phosphonic acid, [[phosphonomethyl)imino]bis[2,1-
ethanediylnitrilobis(methylene)]]tetrakis-, disodium salt (CAS Reg. No. 
94987-75-4) when used as inert ingredients in antimicrobial pesticide 
formulations (food-contact surface sanitizing solutions) under 40 CFR 
180.940(a) with an end use concentration not to exceed 10,000 parts per 
million (ppm). The petitioner believes no analytical method is needed 
because it is not required for an exemption from the requirement of a 
tolerance. Contact: RD.
    2. PP IN-11101. (EPA-HQ-OPP-2018-0163). Fine Agrochemicals Ltd., c/
o SciReg, Inc., 12733 Director's Loop, Woodbridge, VA 22192, requests 
to establish an exemption from the requirement of a tolerance for 
residues of glycine betaine (CAS Reg. No. 107-43-7) when used as an 
inert ingredient in pesticide formulations applied to growing crops 
only under 40 CFR 180.920. The petitioner believes no analytical method 
is needed because it is not required for an exemption from the 
requirement of a tolerance Contact: RD.
    3. PP IN-11102. (EPA-HQ-OPP-2018-0152). Nutrenare-AG, Inc., 4740 N. 
Interstate 35 E, Waxahachie, Texas 75165, requests to establish an 
exemption from the requirement of a tolerance for residues of fulvic 
acid (CAS Reg. No. 479-66-3) when used as an inert ingredient (carrier) 
in pesticide formulations applied to growing crops and raw agricultural 
commodities after harvest under 40 CFR 180.910. The petitioner believes 
no analytical method is needed because it is not required for an 
exemption from the requirement of a tolerance. Contact: RD.
    4. PP IN-11104. (EPA-HQ-OPP-2018-0156). Spring Trading Company on 
behalf of Evonik Corporation, P.O. Box 34628, Richmond, VA 23234, 
requests to establish an exemption from the requirement of a tolerance 
for residues of butoxypolypropylene glycol (CAS Reg. No. 9003-13-8); 
oxirane, 2-methyl-, polymer with oxirane, mono-2-propen-1-yl ether (CAS 
Reg. No. 9041-33-2); poly(oxy-1,2-ethanediyl), [alpha]-acetyl-[omega]-
(2-propen-1-yloxy)- (CAS Reg. No. 27252-87-5); and poly(oxy-1,2-
ethanediyl), [alpha]-acetyl-[omega]-(2-propen-1-yloxy)- (CAS Reg. No. 
27252-80-8) when used as inert ingredients in pesticide formulations 
applied to growing crops and raw agricultural commodities after harvest 
under 40 CFR 180.910 and applied to animals under 40 CFR 180.930. The 
petitioner believes no analytical method is needed because it is not 
required for an exemption from the requirement of a tolerance. Contact: 
RD.
    5. PP IN-11111. (EPA-HQ-OPP-2018-0058). Lamberti USA, Incorporated, 
P.O. Box 1000, Hungerford TX 77448, requests to establish an exemption 
from the requirement of a tolerance for residues of 2-methyl-2-[(1-oxo-
2-propenyl)amino]-1-propanesulfonic acid monosodium salt polymer with 
2-propenoic acid, 2-methyl-, C12-16 alkyl esters (CAS Reg. No. 2115702-
24-2) with a minimum number average molecular weight (in amu) of 10,000 
when used as an inert ingredient in pesticide formulations under 40 CFR 
180.1960. The petitioner believes no analytical method is needed 
because it is not required for an exemption from the requirement of a 
tolerance Contact: RD.
    6. PP IN-11113. (EPA-HQ-OPP-2018-0157). Ecolab Inc., 655 Lone Oak 
Dr., Egan, MN 55121, requests to establish an exemption from the 
requirement of a tolerance for residues of lactic acid (CAS Reg. No. 
50-21-5) when used as an inert ingredient in antimicrobial pesticide 
formulations (food-contact surface sanitizing solutions) under 40 CFR 
180.940(a) with an end use concentration not to exceed 10,0000 parts 
per million (ppm). The petitioner believes no analytical method is 
needed because it is not required for an exemption from the requirement 
of a tolerance. Contact: RD

New Tolerance Exemptions for Non-Inerts (Except PIPS)

    1. PP 7F8620. (EPA-HQ-OPP-2014-0560). Andermatt Biocontrol AG, 
Stahlermatten 6, CH-6146 Grossdietwil, Switzerland (c/o SciReg, Inc., 
12733 Director's Loop, Woodbridge, VA 22192), requests to establish an 
exemption from the requirement of a tolerance in 40 CFR part 180 for 
residues of the fungicide Bacillus amyloliquefaciens subspecies 
plantarum strain FZB42 in or on all food commodities. The petitioner 
believes no analytical method is needed because an exemption from the 
requirement of a tolerance for residues of Bacillus amyloliquefaciens 
subspecies plantarum strain FZB42 is being requested. Contact: BPPD.
    2. PP 7F8628. (EPA-HQ-OPP-2018-0046). Bi-PA nv, Technologielaan 7, 
B-1840 Londerzeel, Belgium (c/o SciReg, Inc., 12733 Director's Loop, 
Woodbridge, VA 22192), requests to establish an exemption from the 
requirement of a tolerance in 40 CFR part 180 for residues of the 
fungicide Trichoderma atroviride strain SC1 in or on all agricultural 
commodities. The petitioner believes no analytical method is needed 
because it is applying for an exemption from the requirement of a 
tolerance and, accordingly, believes that the requirement for an 
analytical method is not applicable. Contact: BPPD.
    3. PP 8F8663. (EPA-HQ-OPP-2018-0158). Verdesian Life Sciences U.S., 
LLC, 1001 Winstead Dr., Suite 480, Cary, NC 27513, requests to 
establish an exemption from the requirement of a tolerance in 40 CFR 
part 180 for residues of the plant regulator (2S)-5-Oxopyrrolidine-2-
carboxylic Acid (L-PCA) in or on agricultural crops. The petitioner 
believes no analytical method is needed because the chemical is of low 
toxicity and a tolerance exemption is being proposed. Contact: BPPD.

New Tolerances for Non-Inerts

    PP 7F8612. EPA-HQ-OPP-2018-0002. BASF Corporation, 26 Davis Drive, 
P.O. Box 13528, Research Triangle Park, North Carolina 27709-3528, 
requests to establish tolerance in 40 CFR part 180 for residues of the 
fungicide mefentrifluconazole (BAS 750 F); 2-[4-(4-chlorophenoxy)-2-
(trifluoromethyl)phenyl]-1-(1H-1,2,4-triazole-1-yl)propan-2-ol] in or 
on the following raw agricultural commodities: Almond, hulls at 4 parts 
per million (ppm); barley, hay at 15 ppm; barley, straw at 30 ppm; 
cattle, fat at 0.3 ppm; cattle, kidney at 0.2 ppm; cattle, liver at 0.5 
ppm; cattle, meat at 0.09 ppm; cattle, muscle at 0.04 ppm; cereal 
grains crop group 15, except wheat and corn at 3 ppm; cherry subgroup 
12-12A at 4 ppm; citrus, oil at 30 ppm; corn, aspirated grain fractions 
at 0.3 ppm; corn, field, grain at 0.01 ppm; corn, field, stover at 9 
ppm; corn, sweet, forage at 6 ppm; corn, sweet, grain at 0.02 ppm; 
corn, sweet, stover at 6 ppm; foliage of legume vegetables, except 
soybean, crop subgroup 7A at 20 ppm; forages of cereal grains, crop 
group 16 at 4 ppm; goat, fat at 0.3 ppm; goat, kidney at 0.2 ppm; goat, 
liver at 0.5 ppm; goat, meat at 0.09 ppm; goat, muscle at 0.04 ppm; 
grape, raisin at 4 ppm; grapefruit subgroup 10-10C at 1 ppm; horse, fat 
at 0.3 ppm; horse, kidney at 0.2 ppm; horse, liver at 0.5 ppm; horse, 
meat at 0.09 ppm; horse, muscle at 0.04 ppm; legume vegetables 
(succulent or dried) crop group 6, except lentil at 0.1 ppm; lemon/lime 
subgroup 10-10B at 2 ppm; lentil, dry at 2 ppm; milk at 0.03 ppm; 
orange subgroup 10-10A at 1 ppm;

[[Page 23250]]

peach subgroup 12-12B at 2 ppm; peanut at 0.01 ppm; peanut, hay at 30 
ppm; plum prune, fresh at 4 ppm; plum subgroup 12-12C at 2 ppm; pome 
fruit crop group 11-10 at 1.5 ppm; poultry, eggs at 0.01 ppm; poultry, 
fat at 0.01 ppm; poultry, liver at 0.01 ppm; poultry, meat at 0.01 ppm; 
poultry, muscle at 0.01 ppm; poultry, skin at 0.01 ppm; rapeseed 
subgroup 20A at 1 ppm; rice, straw at 9 ppm; sheep, fat at 0.3 ppm; 
sheep, kidney at 0.2 ppm; sheep, liver at 0.5 ppm; sheep, meat at 0.09 
ppm; sheep, muscle at 0.04 ppm; small fruit vine climbing, except fuzzy 
kiwifruit subgroup 13-07F at 1.5 ppm; sorghum, stover at 9 ppm; 
soybean, aspirated grain fractions at 5 ppm; soybean, forage at 4 ppm; 
soybean, hay at 15 ppm; soybean, seed at 0.3 ppm; sugar beet at 0.6 
ppm; sugar beet, top at 9 ppm; swine, fat at 0.01 ppm; swine, liver at 
0.01 ppm; swine, meat at 0.01 ppm; swine, skin at 0.01 ppm; tree nut 
crop group 14-12 at 0.06 ppm; tuberous and corm vegetables subgroup 1C 
at 0.02 ppm; wheat, aspirated grain fractions at 20 ppm; wheat, grain 
at 0.4 ppm; wheat, hay at 8 ppm; and wheat, straw at 30 ppm. The 
independently validated method (L0295/01, based on the QuEChERS method) 
was used for analyzing residues of BAS 750 F with appropriate 
sensitivity and selectivity in all crops and processed commodities. Two 
independently validated methods (L0272/01 and L0309/01) have been 
submitted for analyzing residues of BAS 750 F and its metabolite 
M750F022 (and conjugates) in animal commodities with appropriate 
sensitivity and selectivity, to measure and evaluate the chemical 
mefentrifluconazole. Contact: RD.

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

    Dated: May 1, 2018.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2018-10692 Filed 5-17-18; 8:45 am]
 BILLING CODE 6560-50-P