WORLD TRADE  
ORGANIZATION  G/SPS/N/USA/952/Add.11 
15 August 2007  
 (07-3450) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
 
NOTIFICATION  
 
Addendum
 
 
 
The following communication, received on 7 Augus t 2007, is being circulated at the request 
of the Delegation of the United States . 
 
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 Bromoxynil, Diclofop-methyl, Dicofol, Diquat, Etridiazole, et al.; Tolerance Actions
 
 By means of this rule:  
 EPA is following-up on the proposed rule of 4 August 2004, which included a proposal to 
remove the small fruit tolerance for residues of paraquat by proposing to revise that crop group tolerance (an obsolete nomenclature) into multiple tolerance definitions that would cover commodity 
uses previously associated with small fruit.  Becau se multiple tolerances (berry group 13, cranberry, 
grape, and strawberry) have been established to  cover the small fruit uses, EPA is following-up by 
revoking the tolerance on fruit, small in this final rule. 
  In addition, EPA is acting on proposals to combine specific existing tolerances into group 
tolerances for residues of paraquat in or on fru it, pome, group 11, fruit,  stone, group 12, and 
vegetable, brassica, leafy, group 5; and thereby rem ove those individual tolerances.  Because these 
group tolerances have been established, EPA is fo llowing-up by revoking the tolerances in on apple; 
pear; apricot; cherry; nectarine; peach; plum, prune, fresh; broccoli; cabbage; cabbage, chinese; 
cauliflower; and collards in this final rule.  In a ddition, EPA is correcting the commodity terminology 
for the group 5 tolerance from vegetable, Brassica leaf y, group 5 to vegetable, brassica, leafy, group 
5, which was the group name proposed on 4 August 2004.  
EPA is following-up on the proposed rule of 4 August 2004, which included proposals to 
increase the tolerances for alfalfa forage, birdsfoot trefoil forage, and clover forage from 5.0 ppm to 
75.0 ppm and combine them under the terminology animal feed, nongrass, group 18, forage and 
increase alfalfa hay, birdsfoot trefoil hay, and clover hay from 5.0 ppm to 210.0 ppm and combine 
them under the terminology animal feed, nongrass, group 18, hay.  Because these group tolerances 
have been established, EPA is following-up by  revoking the individual tolerances in 40 CFR 
180.205(a) on alfalfa, birdsfoot trefoil, and clover.  
EPA is maintaining the tolerance on soybean, seed  at 0.7 ppm, and the Agency is revoking the 
tolerance on soybean at 0.05 ppm.  The reason for taking this action is because such action has no practical impact on the use of or exposure to the pe sticide active ingredient, paraquat, in or on that 
commodity; i.e., the use is covered by the existi ng tolerance on soybean, seed at 0.7 ppm, which the 
Agency considers to be at the appropriate level. G/SPS/N/USA/952/Add.11 
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Also, in the final rule of 6 September 2006, EPA inadvertently did not revoke the individual 
tolerances on bean, snap, succulent at 0.05 ppm, when it established the tolerance on vegetable, 
legume, edible podded, subgroup 6A at 0.05 ppm; bean , lima, succulent and pea, succulent, both at 
0.05 ppm, when it established the tolerance on p ea and bean, succulent shelled, subgroup 6B at 
0.05 ppm; and bean, dry, seed and pea, dry, seed, bot h at 0.3 ppm, when it established the tolerance on 
pea and bean, dried shelled, except soybean, subgr oup 6C, except guar bean.  In order to provide 
notice and comment, the Agency intends to addr ess proposing the revocation of these individual 
tolerances in 40 CFR 180.205 for b ean, snap, succulent; bean, lima, succulent; pea, succulent; bean, 
dry, seed; and pea, dry, seed in a future publication in the Federal Register. 
 
 Moreover, in the final rule of 6 Septembe r 2006, EPA established a tolerance on nut, tree, 
group 14 at 0.05 ppm, but should have revised the ex isting tolerance at 0.05 ppm on nut to nut, tree, 
group 14 (a nomenclature change that is current Ag ency practice). Also, EPA established a tolerance 
on vegetable, cucurbit, group 9 at 0.05 ppm, but should have revised the existing tolerance at 
0.05 ppm on cucurbits to vegetable, cucurbit, group 9 (a nomenclature change that is current Agency 
practice).  Consequently, since the uses are covere d by other tolerances, the duplicate tolerances on 
cucurbits and nut are no longer needed and shoul d be revoked. In order to provide notice and 
comment, the Agency intends to address proposing th e revocation of the tolerances on cucurbits and 
nut in a future publication in the Federal Register.  
 Finally, in the final rule of 6 September 2006, EPA established tolerances that were not 
proposed on 4 August 2006.  These include barley hay; cotton, gin byproducts; ginger; grain, 
aspirated fractions; okra; and wheat hay; and in creased the tolerances on cotton, undelinted seed, 
onion, dry bulb (and revised it to onion, bulb); and wheat grain.  
 EPA is revoking the tolerance on "mint, hay, spent" because it is no longer recognized as a 
raw agricultural commodity, and therefore the tolera nce is no longer needed.  Also, EPA is removing 
the "(N)" designation from all entries to conform to current Agency administrative practice ("N" 
designation means negligible residues), and revisi ng the commodity terminology "fruit, citrus" to 
"fruit, citrus, group 10", and redefining the comm odity terminology for "bean, forage" to "cowpea, 
forage" and "bean, hay" to "cowpea, hay".  Howeve r, EPA will not revoke the tolerance on mint, hay 
because the Agency incorrec tly based its revocation in the paraquat RED on mint hay no longer being 
a raw agricultural commodity.  While "mint hay" is  an obsolete commodity terminology, it should be 
revised to peppermint, tops and spearmint, tops, wh ich EPA will address in a future publication in the 
Federal Register.  
 EPA is revising the commodity terminologies fo r "grass, pasture" to "grass, forage" and 
increasing the tolerance from 5 ppm to 90.0 ppm; and "g rass, range" to "grass, hay" and increasing the 
tolerance from 5 ppm to 40.0 ppm.   EPA is establishing a tolerance for "pineapple, process residue" at 0.25 ppm.  
 Based on a reassessed sugarcane tolerance of 0.5 ppm and sugarcane processing data that 
indicate an average concentration factor of 5.5x in blackstrap molasses, the Agency determined that a 
tolerance should be established for sugarcane molass es at 3.0 ppm.  Therefore, EPA is establishing a 
tolerance in 40 CFR 180.205(a) for "s ugarcane, molasses" at 3.0 ppm. 
 
 On 21 September 2001, EPA published a final rule  in the Federal Register which in 40 CFR 
180.205(a) established tolerances for "corn, field, stov er" and "corn, pop, stove r" at 10.0 ppm; "corn, 
field, grain" and "corn, pop, grain" at 0.1 ppm ; and "corn, field, forage" at 3.0 ppm; based on 
proposed tolerances in petition 5F1625 submitted by Zeneca Ag. Products and to harmonize corn, 
field, grain and corn, pop, grain with the Codex MRL of 0.1 ppm for maize.  In the September 2001  G/SPS/N/USA/952/Add.11 
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  final rule, EPA also stated that in the food a dditive petition 5H5088, Zeneca had proposed a food 
additive tolerance for "corn flour" at 0.1 ppm which was subsequently withdrawn since EPA 
determined that the tolerance for co rn, field, grain at 0.1 ppm is adequate to cover residues in corn 
flour.  
 EPA is revising commodity terminologies from "cor n, fresh (inc. sweet corn), kernel plus cob 
with husks removed" to "corn, sweet, kernel pl us cob with husks removed", and "guar bean" to 
"guar".   In the proposed rule of 4 August 2004, EPA stated  that peanut hay is no longer considered to 
be a significant livestock feed commodity.  In fact, peanut hay is considered by the Agency to be a 
significant livestock feed item as shown at www.epa.gov/opptsfrs/OPPTS_Harmonized/860_Residue_Che mistry_Test_Guidelines/Series/ in the 
Residue Chemistry Test Guidelines OPPTS 860.1000 Tabl e 1.  Therefore, the Agency will not revoke 
the tolerance but rather will maintain the tolera nce level at 0.5 ppm in 40 CFR 180.205, which is 
consistent with the paraquat RED.  
  This regulation is effective 30 October 2007.  Objections and requests for hearings must be 
received on or before 1 October 2007, and may be identified by docket number EPA-HQ-OPP-2004-
0154.  
 The full text of this addendum (Final  Rule) can be found at the address below. 
 Federal Register:  1 August 2007 (Volume 72,  Number 147) Rules and Regulations Page 
41913-41931;  http://www.epa.gov/fedrgstr/EPA- PEST/2007/August/Day -01/p14895.htm  
  This action is subsequent to a notice publishe d in the Federal Register 4 August 2004, in 
which the Agency announced prop osed changes to tolerances for paraquat, among other pesticide 
agents.     One comment was received in regards to paraquat from Syngenta Crop Protection. On 9 September 2004, Syngenta Crop Protection Inc. requested that the Agency consider the inclusion of commodities from berries group 13 in its proposed revision of the small fruit group tolerance for 
paraquat into individual tolerances for cranberry a nd grape.  Syngenta stated that berry data was 
submitted years ago and berry uses appear on ac tive registrations for paraquat dichloride. 
  The Agency’s response is as follows:  EPA pr oposed to revise the crop group tolerance for 
small fruit but inadvertently proposed to revi se that group into individual tolerances only for 
cranberry and grape, and maintain these tolerances  at 0.05 ppm.  However, the old terminology of 
"small fruit" not only includes cranberry and grap e, but also blackberry, blueberry, boysenberry, 
currant, dewberry, elderberry, gooseberry, huckleb erry, loganberry, raspberry, strawberry, and 
youngberry.  In 40 CFR 180.41, berry group 13 includes blackberry (blackberry includes boysenberry, dewberry, and youngberry), blueberry, currant, el derberry, gooseberry, huckleberry, loganberry, and 
raspberry. Consequently, revising small fruit into th e individual tolerances for cranberry, grape, and 
strawberry, as well as maintaining a tolerance on berry group 13, would cover the commodity uses 
under the old terminology of small fruit.  
This notice can be found at:  Federal Regi ster:  4 August 2004 (Volume 69, Number 149) 
Proposed Rules Page 47051-47068;  http://www.epa.gov/fedrgstr /EPA-PEST/2004/August/Day-
04/p17508.htm  
  G/SPS/N/USA/952/Add.11 
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  United States SPS National Notification Authority, US DA Foreign Agricultural Service, International 
Regulations and Standards Division (IRSD), Stop 1027, Washington D.C. 20250;  Tel:  +(1 202) 720-
1301;  Fax:  +(1 202) 690-0677;  E-ma il:  us.spsenquirypoint@fas.usda.gov 
 
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