[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Proposed Rules]
[Pages 82998-83000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28117]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2020-0053; FRL-10016-93]


Receipt of Several Pesticide Petitions Filed for Residues of 
Pesticide Chemicals in or on Various Commodities (October 2020)

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 January 20, 2021.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number and the pesticide petitions (PP) of interest as shown in 
the body of this document, by one of the following methods:
    <bullet> 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.
    <bullet> Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
20460-0001.
    <bullet> 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.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is closed to visitors with 
limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marietta Echeverria, Registration 
Division (RD) (7505P), main telephone number: (703) 305-7090, email 
address: <a href="/cdn-cgi/l/email-protection#beecfaf8ecf0d1cad7dddbcdfedbcedf90d9d1c8"><span class="__cf_email__" data-cfemail="b6e4f2f0e4f8d9c2dfd5d3c5f6d3c6d798d1d9c0">[email protected]</span></a>; or Charles Smith, Biopesticides and 
Pollution Prevention Division (BPPD) (7511P), main telephone number: 
(703) 305-7090, email address: <a href="/cdn-cgi/l/email-protection#de9c8e8e9a988c90b1aab7bdbbad9ebbaebff0b9b1a8"><span class="__cf_email__" data-cfemail="420012120604100c2d362b212731022732236c252d34">[email protected]</span></a>. The mailing 
address for the contact person is: Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001.

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:
    <bullet> Crop production (NAICS code 111).
    <bullet> Animal production (NAICS code 112).
    <bullet> Food manufacturing (NAICS code 311).
    <bullet> Pesticide manufacturing (NAICS code 32532).

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

[[Page 82999]]

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 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 this 
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 this rulemaking. The docket 
for these 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.

A. Ameded Tolerances for Non-Inerts

    PP 0E8859. (EPA-HQ-OPP-2020-0498). Interregional Research Project 
No. 4 (IR-4), Rutgers, The State University of New Jersey, 500 College 
Road East, Suite 201W, Princeton, NJ 08540, proposes upon establishment 
of tolerances referenced in this document under ``New Tolerances'' for 
PP 0E8859, to remove existing tolerances in 40 CFR 180.473 for residues 
of the herbicide, glufosinate ammonium, determined by measuring the sum 
of glufosinate ammonium, butanoic acid, 2-amino-4-
(hydroxymethylphosphinyl) monoammonium salt, and its metabolites, 2-
(acetylamino)-4-(hydroxymethyl phosphinyl)butanoic acid, and 3-
(hydroxymethylphosphinyl)propanoic acid, expressed as 2-amino-4-
(hydroxymethylphosphinyl)butanoic acid equivalents in or on Apple at 
0.05 ppm; bushberry subgroup 13B at 0.15 ppm; canola, seed at 0.40 ppm; 
cotton, undelinted seed at 4.0 ppm; grape at 0.05 ppm; juneberry at 
0.10 ppm; lingonberry at 0.10 ppm; olive at 0.50 ppm; pistachio at 0.10 
ppm; potato at 0.80 ppm; and salal at 0.10 ppm. Contact: RD.

B. New Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11376. (EPA-HQ-OPP-2020-0531). UPL NA Inc., 630 Freedom 
Business Center, Suite 402 King of Prussia, PA 19406, requests to 
establish an exemption from the requirement of a tolerance in 40 CFR 
part 180.910 for residues of Zinc Stearate (CAS Reg No. 557-05-1) when 
used as a pesticide inert ingredient in pesticide formulations applied 
pre- and post-harvest and not to exceed 6% by weight of the 
formulation. 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-11384. (EPA-HQ-OPP-2020-0450) Spring Regulatory Sciences, 
on behalf of BASF Corporation, 100 Park Avenue, Florham Park, New 
Jersey 07932, requests to establish an exemption from the requirement 
of a tolerance for residues of pyrrolo[3,4-c]pyrrole-1,4-dione, 3,6-
bis(4-chlorophenyl)-2,5-dihydro- (CAS Reg. No. 84632-65-5), when used 
as an inert ingredient in pesticide formulations 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.

C. New Tolerance Exemptions From Non-Inerts (Except PIPS)

    PP 9F8816. (EPA-HQ-OPP-2020-0495). AFS32321 Crop Protection, Inc., 
P.O. Box 14069, Research Triangle Park, NC 27709, requests to establish 
an exemption from the requirement of a tolerance in 40 CFR part 180 for 
residues of the bactericide and fungicide Bacillus subtilis strain 
AFS032321 in or on all food commodities. The petitioner believes no 
analytical method is needed because it expects that, when Bacillus 
subtilis strain AFS032321 is used as proposed, residues that are of 
toxicological concern would not result. Contact: BPPD.

D. New Tolerances for Non-Inerts

    1. PP 9E8820. (EPA-HQ-OPP-2020-0424). Nichino America, Inc., 4550 
Linden Hill Road Suite 501, Wilmington, DE 19808, requests to establish 
a tolerance in 40 CFR part 180 for residues of the fungicide, 
isoprothiolane (Diisopropyl 1,3-dithiolan-2-ylidenemalonate)] in or on 
the raw agricultural commodity Banana at 1 parts per million (ppm); 
rice, bran, at 30 ppm; rice, husked, at 6 ppm; and rice, polished at 
1.5 ppm. The analytical methodology column liquid chromatography-mass 
spectrometry (LC-MS) is used to measure and evaluate the chemical 
isoprothiolane. Contact: RD.
    2. PP 0E8849. EPA-HQ-OPP-2020-0538. BASF Corporation, 26 Davis 
Drive, P.O. Box 13528, Research Triangle Park, NC 22709-3528, requests 
to establish a tolerance in 40 CFR part 180 for residues of the 
fungicide, mefentrifluconazole in or on banana at 1.5 ppm and coffee at 
0.4 ppm. The analytical method L0076/09 (liquid chromatography, mass/
mass detector (LC/MS/MS) and external standardization) is used to 
measure and evaluate the chemical mefentrifluconazole. Contact: RD.
    3. PP 0E8859. (EPA-HQ-OPP-2020-0498). Interregional Research 
Project No. 4 (IR-4), Rutgers, The State University of New Jersey, 500 
College Road East, Suite 201W, Princeton, NJ 08540, requests to 
establish tolerances in 40 CFR part 180.473 for residues of the 
herbicide, glufosinate ammonium, determined by measuring the sum of 
glufosinate ammonium, butanoic acid, 2-amino-4-
(hydroxymethylphosphinyl) monoammonium salt, and its metabolites, 2-
(acetylamino)-4-(hydroxymethyl phosphinyl)butanoic acid, and 3-
(hydroxymethylphosphinyl)propanoic acid, expressed as 2-amino-4-
(hydroxymethylphosphinyl)butanoic acid equivalents in or on Avocado at 
0.03 (ppm) bushberry subgroup 13-07B at 0.15 ppm; cottonseed subgroup 
20C at 4 ppm; fig at 0.07 ppm; fig, dried at 0.2 ppm; fruit, small, 
vine climbing, except fuzzy kiwifruit, subgroup 13-07F at 0.05 ppm; 
hop, dried cones at 0.9 ppm; melon subgroup 9A at 0.08 ppm, pepper/
eggplant 8-10B at 0.08 ppm; rapeseed subgroup 20A at 0.4 ppm; squash/
cucumber subgroup 9B at 0.15 ppm; tomato, paste at 0.11 ppm; tomato 
subgroup 8-10A at 0.06 ppm; tropical and subtropical, small fruit, 
edible peel, subgroup 23A at 0.5 ppm and vegetable, tuberous and corm, 
subgroup 1C at 0.8 ppm. The high-performance liquid chromatography-
electrospray

[[Page 83000]]

ionization/tandem mass spectrometry (LC/MS/MS) is used to measure and 
evaluate the chemical. Contact: RD.
    4. PP 0E8860. (EPA-HQ-OPP-2020-0475). The Interregional Research 
Project No. 4 (IR-4), Rutgers, The State University of New Jersey, 500 
College Road East, Suite 201 W, Princeton, NJ 08540, requests to 
establish a tolerance in 40 CFR part 180.599 for residues of the 
miticide, acequinocyl [2-(acetyloxy)-3-dodecyl-1,4-naphthalenedione] 
and its metabolite, 2-dodecyl-3-hydroxy-1,4-naphthoquinone, calculated 
as the stoichiometric equivalent of acequinocyl in or on tropical and 
subtropical, medium to large fruit, smooth, inedible peel subgroup 24B 
at 7 ppm. The high-pressure liquid chromatography (HPLC) using mass 
spectrometric (MS/MS) detection is used to measure and evaluate the 
chemical. Contact: RD.
    5. PP 0F8842. EPA-HQ-OPP-2020-0533. Meiji Seika Pharma Co., Ltd, c/
o Landis International, Inc., 3185 Madison Highway, P.O. Box 5126, 
Valdosta, GA 31603-5126, requests to establish a tolerance in 40 CFR 
part 180 for residues of the herbicide, L-glufosinate Free Acid, in or 
on apple at 0.05 ppm; beet, sugar, molasses at 5.0 ppm; beet, sugar, 
roots at 0.9 ppm; beet, sugar, tops(leaves) at 1.5 ppm; bushberry 
subgroup 13B at 0.15 ppm; canola, meal at 1.1 ppm; canola, seed at 0.40 
ppm; cattle, fat at 0.40 ppm; cattle, meal at 0.15 ppm; cattle, meat 
byproducts at 6.0 ppm; corn, field, forage at 4.0 ppm; corn, field, 
grain at 0.20 ppm; corn, field, stover at 6.0 ppm; corn, sweet, forage 
at 1.5 ppm; corn, sweet, kernels plus cob with husks removed at 0.30 
ppm; corn, sweet, stover at 6.0 ppm; cotton, gin byproducts at 15 ppm; 
cotton, undelinted seed at 4.0 ppm; egg at 0.15 ppm; fruit, citrus, 
crop group 10-10 at .15 ppm; fruit, pome, crop group 11-10 at .25 ppm; 
fruit, stone, crop group 12-12 at 0.30 ppm; goat, fat at 0.40 ppm; 
goat, meat at 0.15 ppm; goat, meat byproducts at 6.0 ppm; grape at 0.05 
ppm; hog, fat at 0.40 ppm; hog, meat at 0.15 ppm; hog, meat byproducts 
at 6.0 ppm; horse, fat at 0.40 ppm; horse, meat at 0.15 ppm; horse, 
meat byproducts at 6.0 ppm; milk at 0.15 ppm; nut, tree, crop group 14-
12 at 0.50 ppm; olive at 0.50 ppm; potato at 0.80 ppm; potato, chips at 
1.6 ppm; potato, granules/flakes at 2.0 ppm; poultry, fat at 0.15 ppm; 
poultry, meat at .15 ppm; poultry, meat byproducts at 0.60 ppm; sheep, 
fat at 0.40 ppm; sheep, meat at 0.15 ppm; sheep, meat byproducts at 6.0 
ppm; soybean at 2.0 ppm; soybean, hulls at 10.0 ppm. The analytical 
methods HRAV-5A and BK/01/99 are used to measure and evaluate the 
chemical L-glufosinate free acid. Contact: RD.
    6. PP 0F8853. (EPA-HQ-OPP-2020-0375). Syngenta Crop Protection, 
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish a 
tolerance in 40 CFR part 180 for residues of the herbicide, 
bicyclopyrone in or on banana at 0.01 ppm; broccoli at 0.01 ppm; 
garlic, bulb at 0.02 ppm; hops, dried cones at 0.04 ppm; horseradish at 
0.015 ppm; onion, bulb at 0.02 ppm; onion, green at 0.05 ppm; papaya at 
0.01 ppm; plantains at 0.01 ppm; strawberry at 0.01 ppm; sweet potato, 
roots at 0.02 ppm; timothy, forage at 0.9 ppm; timothy, hay at 1.5 ppm; 
and watermelon at 0.01 ppm. The Analytical methods GRM030.05A, 
GRM030.05B, GRM030.08A is used to measure and evaluate the chemical 
bicyclopyrone. Contact: RD.

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

    Dated: November 6, 2020.
Delores Barber,
Director, Information Technology and Resources Management Division, 
Office of Pesticide Programs.
[FR Doc. 2020-28117 Filed 12-18-20; 8:45 am]
BILLING CODE 6560-50-P


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