UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, DC 20460 

OFFICE OF CHEMICAL SAFETY 

AND POLLUTION PREVENTION 

MEMORANDUM 

Date: 

Subject: 

From: 

To: 

November 18, 2015 

Implementation Guidance for Phase IV of Crop Group Revisions Rulemaking 

Don Wilbur, Chemistry Science Advisory Counci I (ChemSAC) {')_ u-L \\-1 g *';;;-

Health Effects Division (HED) 

Dana Vogel, Division Director 

Jess Rowland, Associate Division Director 

In a series of rulemakings, the Office of Pesticide Programs is revising the pesticide crop group 

regulations that allow the establishment of tolerances for groups of related commodities. 

Implementation of the fourth phase ofthese revisions will require more planning and effort, because 

of the re-structuring of crop subgroups and the movement of several commodities to have different 

representative commodities. The ChemSAC is providing the following guidance to coincide with the 

implementation of these new crop groups: 

Overview of the Fourth Phase of Crop Group Revisions 

This rulemaking establishes five crop groups in 40 CFR § 180.41: Leafy Vegetable Crop Group 4-16; 

Brassica Head and Stem Vegetable Crop Group 5-16; Stalk, Stem, and Leaf Petiole Vegetable Crop 

Group 22; Tropical and Subtropical Fruit, Edible Peel, Crop Group 23 ; and Tropical and Subtropical 

Fruit, Inedible Peel, Crop Group 24. As part of this rulemaking, ChemSAC has revised the current 

subgroup structure and has determined that several commodities in Crop Groups 4 and 5 are better 

represented by different commodities. Additionally, ChemSAC notes that the approved 

representative commodities for Crop Groups 23 and 24 supersede the Reviewer's Guide that was 

previously used by HED in order to establish individual tolerances for several tropical and 

subtropical fruit commodities based on data extrapolations. A detailed account of the changes 

effected by the Phase IV rulemaking will be available in the public docket, available at 

www.regulations.gov: EPA-HQ-OPP-2006-0766. 

Revisions to Existing Leafy and Brassica Vegetable Subgroups 

Though there have been three previous phases of crop group revisions, the fourth phase represents 

the first time that revisions to crop groups include significant crop subgroup re-structuring and 

movement of individual commodities to have new representative commodities. Phase IV 

significantly re-structures the existing Crop Groups 4 and 5 to create new Crop Groups 4-16, 5-16 

and Subgroup 228. Crop Group 4-16 will have the same representative commodities as Crop 

Subgroups 4A (lettuce and spinach) and 58 (mustard greens); Crop Group 5-16 will have the same 

representative commodities as Crop Subgroup SA (cabbage, broccoli and cauliflower); and Crop 

Group 22 will have the same representative commodities as Crop Subgroup 4B (celery) and a new 

representative commodity, asparagus. 

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ChemSAC has also determined that several commodities in Crop Groups 4 and S are better 

represented by a different commodity or commodities. As a result, Swiss chard (Subgroup 48 

member represented by celery) will move to Subgroup 4-16A (represented by lettuces and spinach). 

Arugula, garden cress and upland cress (Subgroup 4A members represented by lettuces and spinach), 

as well as Chinese broccoli (Subgroup SA member represented by cabbage, and broccoli or 

cauliflower) will move to Subgroup 4-168 (represented by mustard greens). Celtuce and Florence 

fennel (Subgroup 48 members represented by celery), as well as kohlrabi (Subgroup SA member 

represented by cabbage, and broccoli or cauliflower) will move to Subgroup 22A (represented by 

asparagus). A visual representation of these changes is available as an attachment 1

• Once the rule is 

finalized, EPA will utilize the new subgroup structure to establish tolerances. These changes do not 

mean that EPA believes that previously-established tolerances based on Crop Groups 4 or Swill 

underestimate residues; rather, the ChemSAC has determined the revisions represent an updated 

"best fit" for crop group members and representatives based upon review of the best available 

sctence. 

ChemSAC notes that several commodities (edible-leaved chrysanthemum, vine spinach, cavalo 

broccoli, Chinese mustard cabbage, and mustard spinach) that appear to be removed in the transition 

from the current Crop Groups 4 and S to Groups 4-16, S-16 and 22 have been re-named or clarified 

during the review of commodity nomenclature. Edible-leaved chrysanthemum is another common 

name for garland chrysanthemum; vine spinach has been re-named Malabar spinach; mustard 

spinach is one of several common names for mustard greens; cavalo broccoli is the same species as 

cauliflower; and Chinese mustard cabbage is not a distinct crop, but rather refers to various leafy 

non-heading Brassica greens. 

Conversions of Crop Group 4 or S to the new crop groups may result in individual commodities that 

are displaced. An attachment2 provides a descriptive account for the conversion of crop groups and 

subgroups by active ingredient, and captures those displaced individual commodity tolerances that 

may be established when a crop group conversion is requested or when an active ingredient goes 

through registration review. The attachment will allow a path forward for registrants to request a crop 

group conversion as well as how HED should implement these conversions during the course of 

review. This information will ensure that previously-established tolerances associated with phase 

four revisions are not inadvertently lost during crop group conversion requests. The attachment 

further allows for the establishment of a tolerance for Stalk and Stem Vegetable Subgroup 22A for 

specific cases where a tolerance was previously established on asparagus and individual tolerances 

would otherwise be established on one or more displaced commodities that will be members of the 

subgroup (kohlrabi, celtuce or Florence fennel). In these specific cases, the EPA may also convert the 

individual tolerances for asparagus to Stalk and Stem Vegetable Subgroup 22A, instead of 

establishing individual tolerances for kohlrabi, celtuce or Florence fennel. Asparagus is the 

representative commodity for Subgroup 22A, and allowing a path where EPA may establish the 

1 08/22/2015. Attachment. Visual Summary of Crop Group Phase IV Revisions- Changes from Groups 4 and 5 to 

Groups 4-16, 5-16 and 22. 

2 11/3/2015. Attachment. Crop Group Conversion Plan for Existing Tolerances as a Result of Creation of New Crop 

Groups under Phase IV (4-16, 5-16, and 22). 

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subgroup tolerance rather than maintaining an asparagus tolerance and establishing additional 

individual, displaced tolerances will allow for streamlining of processes in appropriate cases. 

The Reviewer's Guide 

Historically, individual tolerances for several tropical and subtropical commodities have been 

established based upon commodity definitions and residue data extrapolations used by members of 

HED and found in the Reviewer's Guide3

• Crop Groups 23 and 24 supersede this Guide, and no new 

tropical or subtropical fruit tolerances should be proposed or established from those commodity 

definitions. Rather, tolerances should be based on the representative commodities listed in 40 CFR 

§ 180.41- Crop group tables. The following table compares the Reviewer's Guide commodity 

definitions that are superseded by the new Crop Group 23 or 24 (with representative commodities in 

italics): 

Old Reviewer's Guide New Crop Subgroup Placement 

Definition 

Papaya- Papaya; black Avocado, plus pomegranate or Pineapple, plus atemoya or 

sapote; canistel; mamey banana (Subgroup 24B)- sugar apple (Subgroup 24C)-

sapote; mango; sapodilla; Papaya, black sapote, canistel, Marney sapote, sapodilla 

and star apple mango, star apple 

Avocado- Avocado; black Avocado, plus pomegranate or Pineapple, plus atemoya or 

sapote; canistel; mamey banana (Subgroup 24B)- sugar apple (Subgroup 24C)-

sapote; mango; papaya; Avocado, black sapote, Marney sapote, sapodilla 

sapodilla; and star apple. canistel, mango, papaya, star 

apple 

Lychee- Lychee; Iongan; Lychee (Subgroup 24A) *- Pineapple, plus atemoya or 

Spanish lime; rambutan; and Lychee, Iongan, Spanish lime sugar apple (Subgroup 24C)-

pulasan Rambutan, pulasan 

Sugar apple- Sugar apple; Pineapple, plus atemoya or sugar apple (Subgroup 24C)-

atemoya ; custard apple ; Sugar apple, atemoya, custard apple, cherimoya, ilama, soursop, 

cherimoya; ilama; soursop; biriba 

and biriba 

Guava- Guava; feijoa; Olive (Subgroup Fig and guava Passionfruit 

jaboticaba; wax jambu; 23A)- Wax jambu, (Subgroup 23B)- (Subgroup 24B)-

starfruit; passionfruit; and acerola Guava, feijoa, Passionfruit 

acerola jaboticaba, star fruit .. *The representative for these commodities remams unchanged 

Finally, white sapote was listed in the Reviewer's Guide under a proposed definition for citrus fruits 

(Citrus fruits- Grapefruit, lemons, limes, oranges, tangelos, citrus citron, kumquats, white sapote 

(Casimiroa spp.) and other cultivars and/or hybrids of these). Based on the Guide, EPA previously 

established several tolerances for white sapote based on the extrapolation of citrus data. However, 

white sapote was not included in the revised Citrus Crop Group 10-10. Instead, it was determined 

3 06/14/2006. Memorandum from Schneider, Bernard to Madden, Barbara. "Reviewer's Guide and Summary of 

HED ChemSAC Approvals for Amending Crop Group/Subgroups [40 CFR 180.41] and Commodity Definitions [40 

CFR 180.1(h)]." 

Page 3 of 4 
that white sapote should be included in Subgroup 248 and represented by avocado, plus pomegranate 

or banana. While existing white sapote tolerances can remain as established in the CFR and no 

additional data are needed to support these tolerances, EPA will no longer approve a tolerance on 

white sapote based on citrus data. Rather, the representative data for Subgroup 248 (avocado, plus 

pomegranate or banana) will be used to establish a white sapote tolerance. 

Generally, tolerances should be recommended and established based only upon the available and 

appropriate residue data. For example, if a tolerance was previously established on passionfruit based 

upon the guava definition, the passionfruit tolerance may not be used to establish a tolerance on 

Subgroup 248 because there are no actual representative passionfruit data. However, the ChemSAC 

may use discretion to evaluate specific proposals for data extrapolations on a case-by-case basis. 

Previously-established Tropical Fruit Commodity Tolerances 

The ChemSAC has reviewed data and agreed to the representative commodities for Crop Groups 23 

and 24. However, the previously-established tolerances based upon the Reviewer's Guide definitions 

should not be retroactively removed or altered because HED previously reviewed and established 

tolerances after determining that they do not underestimate residues. An attachment4 provides the 

specific tropical and subtropical fruit tolerances that were established in 40 CFR § 180 for each active 

ingredient prior to the implementation of Phase IV, based upon Reviewer's Guide definitions. 

Watercress as Member of Crop Subgroup 4-168 

Watercress will become a member of Crop Group 4-16, in Subgroup 4-168 and represented by 

mustard greens. The EPA has reviewed the requirement of a chemical-specific watercress aquatic 

dissipation study, as outlined 40 CFR §180.158.1300- Environmental Fate. Because ofthe limited 

acreage of watercress grown in the U.S., EPA has determined that it will waive the requirement of a 

chemical-specific aquatic dissipation study for watercress. The Agency is exploring the 

conservatisms needed to assess watercress for both drinking water and ecological impacts. EPA may 

conduct conservative screening-level assessments and model application scenarios to water such as 

the Tier I Rice Model (or Modified Cranberry Model), or the Tier II Pesticides in Flooded 

Application Model (PF AM). 

4 11/3/2015. Attachment. Existing Tropical Fruit Tolerances as a Result of Creation of New Crop Groups under 

Phase IV (Groups 23, 24). 

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