1 **UNITED STATES ENVIRONMENTAL PROTECTION AGENCY**

**WASHINGTON, D.C. 20460 OFFICE OF CHEMICAL SAFETY AND POLLUTION**  **PREVENTION**

**MEMORANDUM DATE**  : March 6, 2015 , updated April 23, 2015 **SUBJECT** : ChemSAC Review of Public Comments on Tolerance Crop Grouping Program

IV . (http://www.regulations.gov/#!documentDetail;D=EPA - HQ - OPP - 2006 - 0766 - 0054) . **FROM** : Bernard A. Schneider, Ph.D., Senior Plant Physiologist

Chemistry

and Exposure Branch Health Effects Divis ion (7509P) **TO** : Julie VanAlstine, Chairperson HED Chemistry Science Advisory

Council (ChemSAC) and Members Jennifer Selwy

n, and Monica Le, and Susan Wong, Health Canada, PMRA Barbara Madden, Minor Use Officer, RD (7505P) cc: IR - 4 Project, Bill Barne y, Jerry Baron, Dan Kunkel, Debbie Carpenter, Van Starner **ACTION REQUESTED** : The Public comments for the proposed Crop Grouping Program Phase IV have been received and were discussed at a meeting between HED, RD, FEAD, and PMRA on March 4, 2015. There were three comments that the group wanted ChemSAC to review for the docket. Phase IV includes the following five crop groups: L eafy vegetable crop group 4 - 1 6 ; Brassica head and stem crop group 5 - 1 6 ; Stalk, stem, and leaf petiole crop group 22; Tropical and subtropical fruit, edible peel crop group 23; and Tropical and subtropical fruit, inedible peel crop group 24. Once these comments have been reviewed b y ChemSAC the Crop grouping workgroup will prepare the final rule. Review of the Public Comments for the Crop Group Rule Phase IV that will be addressed during the final rule (All of the comments can be found in the docket http://www.regulations.gov/#!documentDetail;D=EPA - HQ - OPP - 2006 - 0766 - 00542

And (http://www.regulations.gov/#!searchResults;rpp=25;po=0;s=EPA - HQ - OPP - 2006 - 0766;dct=FR%252BPR%252BN%252BO%252BPS ) **Public Comment** : 1) The Crop Grouping Petition - Tropical and Subtropical Fruit, Edible Peel, Group 23, Volume 1 of 2, page 14 (EPA - HQ - OPP - 2006 - 0766 - 0062) proposed one crop definitions for guava that included many closely related species and varieties. However in the ChemSAC Review of the Analy sis of the USDA IR - 4 Crop Grouping Proposal to Establish a New Crop Group 23 Tropical and Subtropical Fruit - Edible Peel (EPA - HQ OPP - 2006 - 0766 - 0062), this definition was recommended as not necessary since guava is one of the proposed representative commodities for crop subgroup 23B. However, IR - 4 believes that this definition is necessary because both fig and guava are required as representative commodities for Crop Subgroup 23B and all of the related guava varieties and subspecies would not be covered except with a subgroup toleranc e. **HED Response** : EPA proposes to include this definition in 40CFR § 180.1 (g). The original IR - 4 petition requested a guava definition since there are several ty pes of guava that can be grown. Originall y ChemSAC did not think a definition was needed sinc e guava would be one of the representative crops. Also the guava varieties and species are listed in the crop group. However, based on public comments, we are aware that a guava definition is necessary because both fig and guava are required as represent ative commodities for Crop Subgroup 23B and all of the related guava varieties and subspecies would not be covered except with a subgroup tolerance. We recommend ChemSAC approve the following : Commodity

definition for Guava This is the guava commodity definition {40CFR180.1(g)] for the regulation that includes many of the closel y related genus ( Psidium spp .), species and varieties. A **B** Guava Guava ( Psidium guajava L.); Guava, Para ( Psidium acutangulum DC.); Guava, Brazilian ( Psidium guineense Sw.); Guava, cattley

( Psidium cattleianum Sabine); Guava, Costa Rican (

Psidium friedrichsthalianum (O. Berg) Nied.); Guava, purple strawberry ( Psidium cattleianum Sabine var. cattleianum ); Guava, strawberry ( Psidium cattleianum Sabine var. littorale (Raddi) Fo sberg); Guava, yellow strawberry ; ( Psidium cattleianum Sabine var. cattleianum forma lucidum O. Deg.); Guayabillo (

Psidium sartorianum (O. Berg) Nied.)3

**Public Comment (2)**  : 2 ) The National Pesticide Coordinator, Plant Protection and Quarantine, Animal an d Plant Health Inspection Service, United States Department of Agriculture notified IR- 4 after submission of The Crop Grouping Petition - Tropical and Subtropical Fruit, E dible Peel, Group 2 3 of a tropical fruit, Achachairu (Garcinia gardneriana (Planch. & Triana) Zappi), that is now being grown in Puerto Rico and shipped to the U.S. This commodity is similar to mangosteen (Garcinia mangostana L. ) but it has an edible peel. 1t would be appropriate to include Achachairu (Garcinia gardneriana (Planch. & Triana) Zappi) in the Tropical and Subtropical Fruit , Medium to large fruit, edible peel subgroup 2 3 B. **HED Response** : We agree that Achachairu should be a member of the Tropical and Subtropical Fruit, E dible Peel, Group 2 3 and in the Tropical and Subtropical fruit , Medium to large fruit, smooth, edible peel subgroup 2 3 B. As USDA APHI S indicates it is already being legally

imported into the U.S. and being a member of the crop group will help avoid tolerance and import issues with this crop. IR - 4 also recommends including it as a member of the edible peel tropical and subtropical fruit crop group since it has an edible peel and is grown in Puerto Rico. **Public Comment (3** ): **3) Longan (** 

**Dimocarpus longan Lour.)**  EPA proposed including longan in Crop Subgroup 2 4C (Medium to large fruit, rough or hairy , inedible peel subgroup). Instead, longan should be included in Crop Subgroup 24A (Small fruit, inedible peel subgroup). Longan is similar to lychee, the proposed representative commodity for Subgroup 24A. The fr uit is similar in size to lychee (usually

slightly smaller), and the peel is sandpapery but slightl y smoother than lychee. Longan is definitely

not as large as fruit from the Annonaceae family , e.g., atemoya, cherimoya, soursop, and sugar apple; nor pineap ple, breadfruit, durian and jackfruit **HED Response** : After reviewing the data from USDA IR - 4, Hawaii, and Florida Extension Service, we agree to move longan from the Crop Subgroup 24C (Medium to large fruit, rough or hairy , inedible peel subgroup) to the Crop Subgroup 24A (Small fruit, inedible peel subgroup). Lychee is the representative commodity for this subgroup. Other public comments involved subgroup terminology changes for the tropical’s as well as some very

favorable comments for this regulatio n. These can be found at http://www.regulations.gov/#!documentDetail;D=EPA - HQ - OPP - 2006 - 0766 - 0054 and (http://www.regulations.g ov/#!searchResults;rpp=25;po=0;s=EPA - HQ - OPP - 2006 - 0766;dct=FR%252BPR%252BN%252BO%252BPS