# I

EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER EPA Registration Division contact: PV Shah , Registration Division (7505P), Office of Pesticide Programs , Environmental Protection Agency, 1200 Pennsylvania Ave. , NW. , Washington , DC 20460-001; telephone number: 703-308-1846; email address: shah.pv@epa.gov


### INSTRUCTIONS: Please utilize this outline in preparing the pesticide petition. In cases where the outline element does not apply, please insert " NA-Remove" and maintain the outline. Please do not change the margins, font, or format in your pesticide petition. Simply replace the instructions that appear in green, i.e. , " [insert company name] ," with the information specific to your action. 

### TEMPLATE: BASF Corporation [EPA Petition number: XXXXX] EPA has received a pesticide petition ([XXXXX]) from BASF Corporation, 100 Park Avenue, Florham Park, NJ 07932 proposing. pursuant to section 408(d) ofthe Federal Food. Drug. and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 

### 180. (Options (pick one) I. 

### by establishing a tolerance for residues of "NA

-Remove" 2. to establish an exemption from the requirement ofa tolerance for 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2

- propenoate and ethyl 2-propenoate CASRN: 

### 85075-52-1 under 40 CFR 

### 180.960 when used as an inert ingredient as a coating for seeds and as a dust suppressant in a pesticide formulation without limitation. in or on the raw agricultural commodity ["NA-Remove" ] at [" NA-Remove" ] parts per million (ppm). " NA-Remove". EPA has determined that the petition contains data or information regarding the elements set forth in section 40R (d)(2) of FDDCA; however, EPA has not fully evaluated the sufficiency ofthe submitted data at this time or whether the data supports granting ofthe petition. Additional data may be needed before EPA rules on the petition. A. Residue Chemistry
1. 

### Plant metabolism. " NA-Remove"2



### 2. Analytical method. 

### " NA-Remove" 3. Magnitude o.fresidues. 

### "NA

-Remove" B. Toxicological Profile The d ef i niti on of a polymer is given in 40 CFR 723.250(b)

. The following exclusion criteria for identifying these low risk polymers are described in 40 CFR 723

.250(d)

. 1. 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2- ethylhexyl 2-propenoate and ethyl 2-propenoate CASRN: 85075-52-1 is a polymer as defined by 40 CFR 723.250(b)

. In addition, 2-Propenoic acid, polymer with ethenyl acetate , ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate CASRN: 85075-52-1 contains at least 3 monomer units wh i ch are covalently bound to at least one other monomer unit or other reactant and consists of a simple weight majority of the polymer mo lecules

. The monomer sequences form uninterrupted strings in the polymer and distribution of the molecular weight of the polymer is due largely to the number of monomer units in the individual molecules. 2. 2
- Propenoic acid , polymer with ethenyl acetate, ethenylbenzene , 2- ethylhexyl 2-propenoate and ethyl 2-propenoate CASRN: 85075-52-1 consists of a number average molecular weight greater than 10,000 daltons , 1

. 1 % of its oligomeric material weighing below 500 daltons and 3.6 % of its oligomeric material weighing less than 1 ,000 daltons

. 3. 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2- ethylhexyl 2-propenoate and ethyl 2-propenoate CASRN: 85075-52-1 , is not a cationi c polymer nor is it reasonably anticipated to become a cationic polymer In a natural aquatic environment. The polymer does not contain any fun ctional groups which would dissociate into a cationic moiety in water. Th e polymer does not contain a net positively charged atom(s) or associated groups of atoms covalently linked to its polymer molecule. 4. The polymer contains as an integral part of its composition the atomic elements c arbon, hydrogen, nitrogen and oxygen
. 5. The polym e r does not contain as an integral part of its composition , except as impurities, any element other than those listed in 40 CFR 723.250(d)(2)(ii). 6. The polymer is neither designed nor can it be reasonably anticipated to substantially degrade, decompose, or depolymerize

. For the purposes cf this section , degradation , decomposition , or depolymerization mean those types of chemical change that convert a polymeric substance Into simpler, smaller substances, through processes including but not limited to oxidation , hydrolysis, attack by solvents, heat, light, or microbial action

.3
7. The polymer is manufactured or imported from monomers and/or reactants that are already included on the TSCA Chemical Substance Inventory or manufactured under an applicable TSCA section 5 exemption. 8. The polymer is not a water absorbing polymer with a number average molecular weight (MW) greater than or equal to 1 ,000 daltons

. Additionally, the polymer, 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate CASRN: 85075-52-1, also meets as required the following exemption criteria specifi ed in 40 CFR 723

.250(e). The polymer is not designed to be a wate rabsorbing polymer that is capable of absorbing its weight of water

. Thus, 2-Propenoic acid , polymer with ethenyl acetate, ethenylbenzene , 2- ethylhexy12-propenoate and ethyl 2-propenoate CASRN: 85075-52-1 meets all the criteria for a polymer to be considered low risk under 40 CFR 723.250. Based on its conformance to th e above criteria , no mammalian toxicity is anticipated from dietary, inhalation , or dermal exposure to 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene , 2-ethylhexyl 2-propenoate and ethyl 2-propenoate CASRN : 85075-52-1. 

### C. Aggregate Exposure For the purposes of assessing potential exposure under this exemption, 2- Propenoic acid , polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2- propenoate and ethyl 2-propenoate CASRN : 85075-52-1 could be present in all raw and processed agricultural commodities and drinking water, and that nonoccupational non-dietary exposure was possible

. The number average MW of 2- Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2- propenoate and ethyl 2-propenoate CASRN: 85075-52-1 is greater than 10,000 daltons

. Generally, a polymer of this size would be poorly absorbed through the intact gastrointestinal tract or through intact human skin. Since 2-Propenoic acid, polymer with ethenyl acetate , ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate CASRN: 85075-52-1 conforms to the criteria that Identify a low risk polymer, there are no concerns for risks associated with any potential exposure scenarios that are reasonably foreseeable. Therefore a tolerance is not necessary to protect the public health

. 

### D. Cumulative Effects Secti on 408 (b)(2)(D)(v) of FFDCA req u ires t hat , w h en conside ri ng w heth ar to establis h , m odify , o r revoke a t ol e ran ce o r tol era n ce exempti o n , " ava il ab le i nformat ion" conce r n in g the c umul ative effects of a parti cu lar c hem ica l 's

**esi t•~s**  and " othe r su bstances t hat h ave a common mech an ism of tox icity" , must be con s i de red. At t his t im e, ava ilab le data to determ i n e w h eth e r 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate CASRN: 85075-52-1 h as a co mm o n m echanism of t oxicity witt) ot he r s ubsta n ces is not available

.4 Since 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2- ethylhexyl 2-propenoate and ethyl 2-propenoate CASRN: 85075-52-1 meets the definition of a low concern polymer, 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate CASRN: 85075-52-1 is not expected to show any cumulative effects.


### E
. Safety Determination 1. 

### U.S. population. Based on the conformance to the criteria used to identify a low risk polymer, there is a reasonable certainty of no harm to the U.S. population , including infants and children , from aggregate exposure to residues of 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate CASRN: 85075-52-1. 

### 2.lnfants and children. Section 408 of the FFDCA provides that EPA shall apply an additional tenfold 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 data base unless EPA concludes that a different margin of safety will be safe for infants and children. Due to the expected low toxicity of 2-Propenoic acid, polymer with ethenyl acetate, ethenyl benzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate CASRN: 85075-52-1, based on the polymer meeting the definition of a low risk polymer under 40 CFR 723.250 a safety factor analysis to assess the risk is not necessary. For the same reasons the additional tenfold safety factor is unnecessary.


### F. 

### lntemational Tolerances There are no CODEX maximum residue limits established for 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate CASRN: 85075-52-1 in or on crops or commodities at this time.
G. Other Considerations 1

. Endocrine Disruptors: There is no available evidence that

**2-Propenoi~** acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2- propenoate and ethyl 2-propenoate CASRN: 85075-52-1 is an endocrine disruptor.