[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Notices]
[Pages 14646-14648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04059]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2024-0041; FRL-11698-01-OCSPP]


Pesticides; Proposed Removal of Polytetrafluoroethylene From List 
of Approved Inert Ingredients for Pesticide Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
remove polytetrafluoroethylene (CAS No. 9002-84-0) from the current 
list of inert ingredients approved for use in food use and nonfood use 
pesticide products because this inert ingredient has been identified as 
a per- and polyfluoroalkyl substance (PFAS) that is no longer used in 
any registered pesticide product.

DATES: Comments must be received on or before March 29, 2024.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2024-0041, online at https://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. Additional instructions on 
commenting or visiting the docket, along with more information about 
dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Registration Division 
(7505T), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone 
number: (202) 566-1030; email address: <a href="/cdn-cgi/l/email-protection#386a7c7e6a76574c515b5d4b785d4859165f574e"><span class="__cf_email__" data-cfemail="d88a9c9e8a96b7acb1bbbdab98bda8b9f6bfb7ae">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

[[Page 14647]]

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you engage in 
activities related to the registration of pesticide products, including 
but not limited to, the use of approved inert ingredients in registered 
pesticide products. 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> Entities engaging in the formulation and preparation of 
agricultural and household pest control chemicals or pesticide and 
other agricultural and household pest control chemicals or inert 
manufacturers and those who make proprietary inert ingredient 
formulations or pesticide and other agricultural chemical manufacturing 
generally (NAICS code 325320).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult either person listed under FOR 
FURTHER INFORMATION CONTACT.

B. What is the Agency's authority for taking this action?

    This action is issued under the authority of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136-136y.

C. What action is the Agency taking?

    EPA is considering removing from the inert ingredient list the 
chemical polytetrafluoroethylene (CAS No. 9002-84-0), also known as 
Teflon[supreg]. All pesticide products that initially used 
polytetrafluoroethylene as an inert ingredient have been cancelled or 
reformulated to no longer contain polytetrafluoroethylene. EPA believes 
it is appropriate to remove polytetrafluoroethylene from the inert 
ingredient list to prevent the introduction of this PFAS into new 
pesticide formulations without additional EPA review.

D. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit CBI information to EPA through 
email or https://www.regulations.gov. If you wish to include CBI in 
your comment, please follow the applicable instructions at https://www.epa.gov/dockets/commenting-epa-dockets#rules and clearly mark the 
information that you claim to be CBI. 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 https://www.epa.gov/dockets/comments.html.

II. Background

A. What are inert ingredients?

    Most pesticide products contain substances in addition to the 
active ingredient(s) that are referred to as inert ingredients or 
sometimes as ``other ingredients.'' An inert ingredient generally is 
any substance (or group of similar substances) other than an active 
ingredient that is intentionally included in a pesticide product. 
Examples of inert ingredients include emulsifiers, solvents, carriers, 
aerosol propellants, fragrances, and dyes. Additional information about 
inert ingredients, including requirements, guidance and the InertFinder 
tool, can be accessed at https://www.epa.gov/pesticideregistration/inert-ingredients-regulation.

B. What is the approved list of inert ingredients?

    EPA maintains a list of approved inert ingredients, available at 
https://ordspub.epa.gov/ords/pesticides/f?p=INERTFINDER:1::::1::. Inert 
ingredients that are on the approved list do not need further approval 
prior to inclusion in a pesticide formulation. However, applications 
for registration of individual formulations containing approved inert 
ingredients are subject to data requirements in 40 CFR part 158, 
regardless of whether the inert ingredient is on the approved list. If 
an application for registration of a pesticide product includes inert 
ingredients not on the approved list, the inert ingredient requires 
approval under section 3 of FIFRA, 7 U.S.C. 136a, and payment of a fee 
in accordance with section 33 of FIFRA, 7 U.S.C. 136w-8.

III. EPA's Proposed Action

A. Why is EPA considering this action?

    PFAS are synthetic organic compounds that do not occur naturally in 
the environment but have widespread use in commerce. The strong carbon-
fluorine bonds of PFAS make some of them resistant to degradation and 
thus highly persistent in the environment. Some PFAS have been detected 
in wildlife and in humans, indicating that at least some PFAS have the 
ability to bioaccumulate. Thus, exposure to PFAS is an urgent public 
health and environmental issue in the United States. As part of its 
strategic roadmap to address risks posed by PFAS (https://www.epa.gov/system/files/documents/2021-10/pfas-roadmap_final-508.pdf), EPA 
identified some specific actions to further the Agency's directives to 
research, restrict, and remediate PFAS.
    As part of the ``whole-of-agency'' approach to reduce PFAS use and 
releases, EPA has reviewed the Agency's list of chemical substances 
that have been approved for use as inert ingredients in pesticide 
products to determine whether any of these inert ingredients are PFAS. 
Based on that review, EPA is proposing to remove 
polytetrafluoroethylene (CAS No. 9002-84-0) from the current list of 
inert ingredients approved for use in food and nonfood pesticide 
products because it is a PFAS, and it is no longer used in currently 
registered pesticide products. This includes the revocation of the 
tolerance exemption for polytetrafluoroethylene under 40 CFR 180.960.

B. What effect would this action have?

    Once an inert ingredient is removed from the list, any proposed 
future use of the inert ingredient would need to be supported by data 
provided to and reviewed by the EPA as part of a new inert ingredient 
submission request. The type of data needed to evaluate a new inert 
ingredient may include, among others, studies to evaluate potential 
carcinogenicity, adverse reproductive effects, developmental toxicity, 
genotoxicity as well as environmental effects associated with any 
chemical substance that is persistent or bioaccumulative. Information 
regarding the inert ingredient approval process may be found at https://www.epa.gov/pesticide-registration/guidance-documents-inert-ingredients.
    EPA suggests that pesticide registrants review their records to 
ensure that the chemical substance, listed by chemical name and 
Chemical Abstracts Service Registry Number (CAS No.), in the docket for 
this action is no longer used as an inert ingredient in their 
registered pesticide products. While EPA has endeavored to carefully 
review its records, if a pesticide registrant is aware of a registered 
product containing polytetrafluoroethylene, that registrant should 
contact the Agency directly, using the contact listed under FOR FURTHER 
INFORMATION CONTACT.
    Similarly, producers of proprietary mixtures currently approved for 
use as inert ingredients in pesticide products should also review their 
records to ensure that the chemical substance listed in the docket for 
this action is, in fact, not currently used in their proprietary 
mixtures.

[[Page 14648]]

    After the close of the comment period, EPA will consider all 
comments received and determine an appropriate final action.

    Dated: February 22, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2024-04059 Filed 2-27-24; 8:45 am]
BILLING CODE 6560-50-P


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