# i

EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR
PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: [ PV Shah (703

- 308

- 1846) ]

INSTRUCTIONS: Please utilize this outline in prepari ng 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:

[ Momentive Performance Materials ]

[ IN

- 10784 ]

EPA has received a pesticide petition ( [ IN

- 10784 ] ) from [ Momentive

Performance Materials ]
, [ headquartered at 260 Hudson River Rd., Waterford, NY
12188 ] proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180. 860 to establish an exemption from the requirement of a tolerance for [ acrylic a cid, butyl acrylate, styrene copolymer , CAS# 25586

- 20

- 3 , Mn 5200 ] in or on all raw agricultural commodities when used as an inert ingredient as a sticker / adjuvant in pesticide formulations . EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted d a ta at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. R esidue Chemistry

1. Plant metabolism. [ NA

- Remove based on the fact that this information is not required for the establishment of a tolerance exemption.]

2. Analytical method. [ NA

- Remove based on the fact that this information is not required for the establishment of a tolerance exemption.]

3. Magnitude of residues. [ NA

- Remove based on the fact that this information is not required for the establishment of a tolerance exemption.]

B. Toxicological Profile

1. Acute toxicity. [ EPA has established criteri a which identify categories of polymers that present low risk. These criteria ( listed at 40 CFR 723.250)2

identify properties which generally limit a polymer’s ability to cause adverse toxicological effects. No mammalian toxicity is anticipated for polyme rs meeting the polymer exemption criteria. Therefore we believe that establishment of an exemption from the requirements of a tolerance is justified.

A crylic acid, butyl acrylate, styrene copolymer meets the definition of a polymer given in 40 CFR 723.2 50(b) and meets the following criteria that are used to identify low

- risk polymers:

a. The polymer is not a cationic polymer nor is it reasonably anticipated to become a cationic polymer in a natural aquatic environment. b. The polymer does contain as an integral part of its composition the atomic elements carbon, hydrogen, and oxygen. c. The polymer 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). d. The polymer is neither designed nor can it be reasonably anticipated to substantially degrade, decompose, or depolymerize. e. The polymer is manufactured or imported from monomers and/or reactants that are already included on the TSCA Chemical Substance Inventory.
f. The polymer is not a water absorbing polymer with a num ber average molecular weight (M
n ) greater than or equal to 10,000 daltons. g. The polymer does not contain fluorine. h. The polymer’s number average MW of 5200 is greater than 1,000 and less than 10, 000 daltons. The polymer contains less than 10% oligomeric material below MW 500 and less than 25% oligomeric material below MW 1,000. ]

2. Genotoxicty. [ NA

- Remove based on the fact that this polymer meets the 40

CFR 723.250 criteria that are used to id entify low

- risk polymers.]

3. Reproductive and developmental toxicity. [ NA

- Remove based on the fact that this polymer meets the 40 CFR 723.250 criteria that are used to identify low

- risk polymers.]

4. Subchronic toxicity. [ NA

- Remove based on the fact t hat this polymer meets the 40 CFR 723.250 criteria that are used to identify low

- risk polymers.]

5. Chronic toxicity. [ NA

- Remove based on the fact that this polymer meets the 40 CFR 723.250 criteria that are used to identify low

- risk polymers.]

6. Anim al metabolism. [ NA

- Remove based on the fact that this polymer meets the 40 CFR 723.250 criteria that are used to identify low

- risk polymers.]

7. Metabolite toxicology

. [ NA

- Remove based on the fact that this polymer

meets the 40 CFR 723.250 criteria that are used to identify low

- risk polymers.]3

8. Endocrine disruption

. [ NA

- Remove based on the fact that this polymer meets the 40 CFR 723.250 criteria that are used to identify low

- risk polymers.]

C. Aggregate Exposure

1. Dietary exposure. [ NA

- Remove base d on the fact that this polymer meets the 40 CFR 723.250 criteria that are used to identify low

- risk polymers.]

i. Food. [ NA

- Remove based on the fact that this polymer meets the 40 CFR 723.250 criteria that are used to identify low

- risk polymers.]

ii. Drinking water

. [ NA

- Remove based on the fact that this polymer meets the 40 CFR 723.250 criteria that are used to identify low

- risk polymers.]

2. Non

- dietary exposure

. [ NA

- Remove based on the fact that this polymer

meets the 40 CFR 723.250 criteria that are used to identify low

- risk polymers.]

D. Cumulative Effects [ NA

- Remove based on the fact that this polymer meets the 40 CFR 723.250 criteria that are used to identify low

- risk polymers.]

E. Safety Determination

1. U.S. population. [ NA

- Remove based on the fact that this polymer meets the 40 CFR 723.250 criteria that are used to identify low

- risk polymers.]

2. Infants and children

. [ NA

- Remove based on the fact that this polymer meets the 40 CFR 723.250 criteria that are used to identify low

- risk po lymers.]

F. International Tolerances

[ Momentive Performance Materials is not aware of any tolerances assigned by any other countries.]