### 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 ofCrop Group Revisions Rulemaking
Don Wilbur, Chemistry Science Advisory CounciI (ChemSAC) {')_

# u-L \\-1 g 

## *';;;- Health Effects Division (HED)
Dana Vogel, Division Director Jess Rowland, Associate Division Director
In a series ofrulemakings, the Office ofPesticide Programs is revising the pesticide crop group regulations that allow the establishment oftolerances for groups ofrelated commodities. Implementation ofthe fourth phase ofthese revisions will require more planning and effort, because ofthe re-structuring ofcrop subgroups and the movement of several commodities to have different representative commodities

. The ChemSAC is providing the following guidance to coincide with the implementation ofthese new crop groups: Overview ofthe Fourth Phase ofCrop 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 LeafPetiole 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 ofthis 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 ofthe 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 ofcrop 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. Page 1 

### of4ChemSAC 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 ofthese 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 ofthe 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 Sto Groups 4-16, S-16 and 22 have been re-named or clarified during the review ofcommodity 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 ofCrop 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 ofcrop 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 ofa 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 ofthe 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). Page 2 of 4subgroup tolerance rather than maintaining an asparagus tolerance and establishing additional individual, displaced tolerances will allow for streamlining ofprocesses 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, pluspomegranate 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,pluspomegranate 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 

### L

ychee- 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 andguava Passionfruit jaboticaba; waxjambu; 

### 23A)- Waxjambu, 

### (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 

### (Citrusfruits- Grapefruit, lemons, limes, oranges, tangelos, citrus citron, kumquats, white sapote 

### (Casimiroa spp.) and other cultivars and/or hybrids ofthese)

. Based on the Guide, EPA previously established several tolerances for white sapote based on the extrapolation ofcitrus 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 4that 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, ifa 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 ofCrop Subgroup 4-168 Watercress will become a member ofCrop Group 4-16, in Subgroup 4-168 and represented by mustard greens . The EPA has reviewed the requirement ofa chemical-specific watercress aquatic dissipation study, as outlined 

### 40 C FR §180

. 158

. 1300- Environmental Fate. Because ofthe limited acreage ofwatercress grown in the U

.S. , EPA has determined that it will waive the requirement ofa 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 (PFAM).

4 11/3/2015

. Attachment. Existing Tropical Fruit Tolerances as a Result of Creation of New Crop Groups under Phase IV (Groups 23, 24). Page 4 of 4