Proposed Tolerance Actions: Benfluralin, Carbaryl, Diazinon, etc.
Federal Register: May 21, 2008 (Volume 73, Number 99)
Proposed Rules
Page 29456-29471
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr21my08-21
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180
EPA-HQ-OPP-2007-1170; FRL-8362-1
Benfluralin, Carbaryl, Diazinon, Dicrotophos, Fluometuron,
Formetanate Hydrochloride, Glyphosate, Metolachlor, Napropamide,
Norflurazon, Pyrazon, and Tau-Fluvalinate; Proposed Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to revoke certain tolerances for the herbicides benfluralin and napropamide and the insecticides carbaryl and diazinon. Also, EPA is proposing to modify certain tolerances for the herbicides fluometuron, glyphosate, norflurazon, and pyrazon and the insecticides carbaryl, diazinon, dicrotophos, formetanate hydrochloride, and tau-fluvalinate. In addition, EPA is proposing to establish new tolerances for the herbicides fluometuron, glyphosate, metolachlor, and pyrazon and the insecticides carbaryl and formetanate hydrochloride. The regulatory actions proposed in this document are in follow-up to the Agency's reregistration program under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment program under the Federal Food, Drug, and Cosmetic Act
(FFDCA) section 408(q).
DATES: Comments must be received on or before July 21, 2008.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-1170, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is (703) 305-5805.
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Instructions: Direct your comments to docket ID number EPA-HQ-OPP- 2007-1170. EPA's policy is that all comments received will be included in the docket without change and may be made available on-line at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or e- mail. The regulations.gov website is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e- mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov website to view the docket index or access available documents.
Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at http:// www.regulations.gov, or, if only available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Jane Smith, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave, NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0048; e-mail address: smith.jane-scott@epa.gov.
SUPPLEMENTARY INFORMATION:
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General Information
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Does this Action Apply to Me?
You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in Unit II.A. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.
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What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket.
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 submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, Federal Register date and page number). ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used. v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified.
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What Can I do if I Wish the Agency to Maintain a Tolerance that the
Agency Proposes to Revoke?
This proposed rule provides a comment period of 60 days for any person to state an interest in retaining a tolerance proposed for revocation. If EPA receives a comment within the 60-day period to that effect, EPA will not proceed to revoke the tolerance immediately.
However, EPA will take steps to ensure the submission of any needed supporting data and will issue an order in the Federal Register under
FFDCA section 408(f), if needed. The order would specify data needed and the timeframes for its submission, and would require that within 90 days some person or persons notify EPA that they will submit the data.
If the data are not submitted as required in the order, EPA will take appropriate action under FFDCA.
EPA issues a final rule after considering comments that are submitted in response to this proposed rule. In addition to submitting comments in response to this proposal, you may also submit an objection at the time of the final rule. If you fail to file an objection to the final rule within the time period specified, you will have waived the right to raise any issues resolved in the final rule. After the specified time, issues resolved in the
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final rule cannot be raised again in any subsequent proceedings.
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Background
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What Action is the Agency Taking?
EPA is proposing to revoke, modify, and establish specific tolerances for residues of the herbicides benfluralin, fluometuron, glyphosate, metolachlor, napropamide, norflurazon, and pyrazon; and the insecticides carbaryl, diazinon, dicrotophos, formetanate hydrochloride, and tau-fluvalinate in or on commodities listed in the regulatory text.
EPA is proposing these tolerance actions to implement the tolerance recommendations made during the reregistration and tolerance reassessment processes (including follow-up on canceled or additional uses of pesticides). As part of these processes, EPA is required to determine whether each of the amended tolerances meets the safety standard of FFDCA. The safety finding determination of ``reasonable certainty of no harm'' is discussed in detail in each Reregistration
Eligibility Decision (RED) and Report of the Food Quality Protection
Act (FQPA) Tolerance Reassessment Progress and Risk Management Decision
(TRED) for the active ingredient. REDs and TREDs recommend the implementation of certain tolerance actions, including modifications to reflect current use patterns, meet safety findings, and change commodity names and groupings in accordance with new EPA policy.
Printed copies of many REDs and TREDs may be obtained from EPA's
National Service Center for Environmental Publications (EPA/NSCEP),
P.O. Box 42419, Cincinnati, OH 45242-2419, telephone number: 1-800-490- 9198; fax number: 1-513-489-8695; Internet at http://www.epa.gov/ ncepihom and from the National Technical Information Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161, telephone number: 1-800- 553-6847 or (703) 605-6000; Internet at http://www.ntis.gov. Electronic copies of REDs and TREDs are available on the Internet http:// www.epa.gov/pesticides/reregistration/status.htm for benfluralin, carbaryl, diazinon, dicrotophos, fluometuron, formetanate hydrochloride, glyphosate, metolachlor, napropamide, norflurazon, pyrazon, and tau-fluvalinate.
The selection of an individual tolerance level is based on crop field residue studies designed to produce the maximum residues under the existing or proposed product label. Generally, the level selected for a tolerance is a value slightly above the maximum residue found in such studies, provided that the tolerance is safe. The evaluation of whether a tolerance is safe is a separate inquiry. EPA recommends the raising of a tolerance when data show that: 1. Lawful use (sometimes through a label change) may result in a higher residue level on the commodity. 2. The tolerance remains safe, notwithstanding increased residue level allowed under the tolerance.
In REDs, Chapter IV on ``Risk management, Reregistration, and Tolerance reassessment'' typically describes the regulatory position, FQPA assessment, cumulative safety determination, determination of safety for U.S. general population, and safety for infants and children. In particular, the human health risk assessment document which supports the RED describes risk exposure estimates and whether the Agency has concerns. In TREDs, the Agency discusses its evaluation of the dietary risk associated with the active ingredient and whether it can determine that there is a reasonable certainty (with appropriate mitigation) that no harm to any population subgroup will result from aggregate exposure.
EPA also seeks to harmonize tolerances with international standards set by the Codex Alimentarius Commission, as described in Unit III.
Explanations for proposed modifications in tolerances can be found in the RED and TRED document and in more detail in the Residue
Chemistry Chapter document which supports the RED and TRED. Copies of the Residue Chemistry Chapter documents are found in the Administrative
Record electronically. Electronic copies are available through EPA's electronic public docket and comment system, regulations.gov at http:// www.regulations.gov. You may search for docket ID number EPA-HQ-OPP- 2007-1170 and/or Benfluralin (EPA-HQ-OPP-2004-0210), Fluometuron (EPA-
HQ-OPP-2004-0372), Formetanate Hydrochloride (EPA-HQ-OPP-2004-0032),
Metolachlor (EPA-HQ-OPP-2007-0045), Napropamide (EPA-HQ-OPP-2004-0162),
Pyrazon (EPA-HQ-OPP-2004-0381), and Tau-Fluvalinate (EPA-HQ-OPP-2005- 0230) then click on that docket ID number to view its contents.
EPA has determined that the aggregate exposures and risks are not of concern for the pesticide active ingredients mentioned in this unit based upon the data identified in the RED or TRED which lists the submitted studies that the Agency found acceptable.
EPA has found that the tolerances that are proposed in this document to be modified, are safe; i.e., that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residues, in accordance with FFDCA section 408(b)(2)(C). (Note that changes to tolerance nomenclature do not constitute modifications of tolerances). These findings are discussed in detail in each RED or TRED. The references are available for inspection as described in this document under
SUPPLEMENTARY INFORMATION.
In addition, EPA is proposing to revoke certain specific tolerances because either they are no longer needed or are associated with food uses that are no longer registered under FIFRA. Those instances where registrations were canceled were because the registrant failed to pay the required maintenance fee and/or the registrant voluntarily requested cancellation of one or more registered uses of the pesticide.
It is EPA's general practice to propose revocation of those tolerances for residues of pesticide active ingredients on crop uses for which there are no active registrations under FIFRA, unless any person in comments on the proposal indicates a need for the tolerance to cover residues in or on imported commodities or legally treated domestic commodities. 1. Benfluralin. The use of benfluralin on peanuts was voluntarily canceled on June 25, 2003 (68 FR 37811)(FRL-7312-5); therefore, the
Agency has determined that the tolerance on peanuts should be revoked.
The Agency is also revising commodity terminology to conform to current practice by removing the ``N'' for negligible residues associated with the tolerances and changing the heading in 40 CFR 180.208 to the common chemical name, benfluralin. Therefore, EPA proposes revoking the tolerance in 40 CFR 180.208(a) for residues of benfluralin (N-Butyl-N- ethyl-[alpha][alpha][alpha]-trifluoro-2,6-dinitro-p-toluidine) in/on peanuts at 0.05(N); deleting the ``(N)'' for all the tolerance entries; and changing the heading in 40 CFR 180.208 to benfluralin.
Currently, there are no Codex MRLs in place for benfluralin. 2. Carbaryl. Currently tolerances on raw agricultural food commodities are established for residues of carbaryl, including its hydrolysis product 1-naphthol calculated as 1-naphthyl N- methylcarbamate. The Agency has determined that the hydrolysis product, 1-naphthol calculated as 1-naphthyl N-methylcarbamate does not contribute significantly to the residues and has considerably less potential as a cholinesterase inhibitor; therefore, the
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residue of concern for plants should be the parent compound, carbaryl, only. Additionally, the Agency determined that the regulated residues of concern in/on livestock (meat and milk) should be expanded to also include the free and conjugated residues of carbaryl: 5,6-dihydro-5,6- dihydroxy carbaryl, and 5-methoxy-6-hydroxy carbaryl. Consequently, 40
CFR 180.169(a)(3) and (a)(4) are not required. Therefore, EPA proposes revising the tolerance expressions for raw agricultural commodities in 40 CFR 180.169(a)(1) to regulate residues of the insecticide carbaryl
(1-naphthyl N-methylcarbamate) and revising the tolerance expressions for livestock (meat and milk) in 40 CFR 180.169(a)(2) to regulate the residues of the insecticide carbaryl (1-naphthyl N-methylcarbamate) including its metabolites 1-naphthol (naphthyl-sulfate), 5,6- dihydrodihydroxycarbaryl and 5,6-dihydrodihydroxy naphthol, calculated as 1-naphthyl N-methylcarbamate and the free and conjugated residues of carbaryl: 5.6-dihydro-5,6-dihydroxy carbaryl, and 5-methoxy-6-hydroxy carbaryl; transferring the tolerances in 40 CFR 180.169(a)(3) to 40 CFR 180.169(a)(2); transfering tolerances in 40 CFR 180.169(a)(4) to 40 CFR 180.169(a)(1) and removing 40 CFR 180.169(a)(3) and (a)(4).
Based on the available field trial data and food processing that indicate residues of carbaryl are as high as 10.6 ppm in/on apple wet pomace (in which residues concentrate at 1.3x), 9.55 ppm in/on aspirated grain fractions (7.4x), 8.09 ppm in/on citrus oil (2.4x), 7.94 ppm in/on raisins (1.4x), and 11 ppm rice hulls (2.4x), the Agency has determined tolerances should be established in/on apple, wet pomace at 15 ppm; grain, aspirated fractions at 70 ppm; citrus, oil at 20 ppm; grape, raisin at 12 ppm; and rice, hulls at 30 ppm. Based on the available field trial data that indicate residues of carbaryl are as high as 0.5 ppm in/on sugar beet roots and 30 ppm in/on sorghum grain stover, the Agency determined that tolerances should be established for beet, sugar, roots at 0.5 ppm and sorghum, grain, stover at 30 ppm.
Therefore, EPA proposes establishing tolerances in 40 CFR 180.169(a)(1) as proposed for carbaryl residues of concern in/on apple, wet pomace at 15 ppm; grain, aspirated fractions at 70 ppm; citrus, oil at 20 ppm; grape, raisin at 12 ppm; rice, hulls at 30 ppm; beet, sugar, roots at 0.5 ppm; and sorghum, grain, stover at 30 ppm.
The Agency has determined that many of the existing carbaryl tolerances on individual commodities should be reassigned as crop group/subgroup tolerances because the Agency has the field trial residue data and/or tolerances in place for the representative commodities required to establish the corresponding crop group tolerances. Specifically, based on available field trial data that indicate residues of carbaryl do not exceed 0.1 ppm in/on almonds, chestnuts, hazelnuts, and pecans, the Agency determined that the tolerance should be decreased to 0.1 ppm in/on nut, tree group 14, except walnuts replacing the individual tolerances. Based on available field trial data that indicate residues of carbaryl do not exceed 2 ppm in/on the roots of garden beet, carrot, horseradish, parsnip, radish, rutabaga, and salsify, the Agency determined that the tolerance should be decreased to 2 ppm in/on vegetable, root and tuber, group 1, except sugar beet and sweet potato replacing the individual tolerances. Based on available field trial data that indicate residues of carbaryl do not exceed 3 ppm in/on blueberry, the Agency determined that tolerance should be decreased to 3 ppm in/on bushberry subgroup 13-07B replacing the individual tolerance. Based on available field trial data that indicate residues of carbaryl do not exceed 5 ppm in/on eggplant, tomatoes and peppers, the Agency determined that tolerance should be decreased to 5 ppm in/on vegetable, fruiting, group 8 replacing the individual tolerances. Therefore, EPA proposes decreasing and revising the individual tolerances to crop group tolerances in newly revised 40
CFR 180.169 (a)(1) for residues of the insecticide carbaryl in/on
``almond, chestnut, hazelnut, and pecan from 1 ppm to nut, tree group 14, except walnut at 0.1 ppm''; ``beet, garden, roots; carrot, roots; parsnip; radish; rutabaga; salsify, roots; and turnip, roots from 5 ppm, and horseradish from 10 ppm to vegetable, root and tuber, group 1, except sugar beet and sweet potato at 2 ppm;'' blueberry from 10 ppm to bushberry subgroup 13-07B at 3 ppm; and eggplant, pepper, and tomato from 10 ppm to vegetable, fruiting, group 8 at 5 ppm.
Based on available field trial data that indicate residues of carbaryl do not exceed 1.0 ppm in/on bean, cowpea, and lentil seed; the
Agency determined that the tolerance should be decreased to 1.0 ppm on pea and bean, dried shelled, except soybean, subgroup 6C replacing the individual tolerances. Based on available field trial data that indicated residues of carbaryl do not exceed 60 ppm in/on cowpea forage, cowpea hay and field pea vines; the Agency determined the tolerance should be decreased to 60 ppm on vegetable, foliage of legume, group 7 replacing the individual tolerances. Based on available field trial data that indicate residues of carbaryl do not exceed 3 ppm in/on cucumber, melon, pumpkin, summer squash, and winter squash; the
Agency determined that the tolerance should be decreased to 3 ppm on vegetable, cucurbit, group 9 replacing the individual tolerances. Based on available field trial data that indicate residues of carbaryl do not exceed 3 ppm in/on celery and Swiss chard; the Agency determined that the tolerance should be decreased to 3 ppm on leaf petioles subgroup 4B replacing the individual tolerances. Therefore, EPA proposes decreasing and revising tolerances in 180.169(a)(1) as proposed for carbaryl residues of concern in /on ``bean and lentil, seed from 10 ppm and cowpea from 5 ppm to pea and bean, dried shelled, except soybean, subgroup 6C at 1.0 ppm;'' cowpea, forage; cowpea, hay; and pea, field, vines from 100 ppm to vegetable, foliage of legume, group 7 at 60 ppm: cucumber; melon; pumpkin; squash, summer; and squash, winter from 10 ppm to vegetable, cucurbit, group 9 at 3 ppm; and celery from 10 ppm and Swiss chard from 12 ppm to leaf petioles subgroup 4B at 3 ppm.
Based on available field trial data that indicate residues of carbaryl as high as 75 ppm on the tops/greens of garden beets, salsify and turnips; the Agency determined that the tolerance should be increased to 75 ppm in/on vegetable, leaves of root and tuber, group 2, except sugar beet tops replacing the individual tolerances. Based on available field trial data that indicate residues of carbaryl as high at 2 ppm in/on on potatoes, the Agency has determined the tolerance should be increased to 2 ppm in/on vegetable, root and tuber, group 1, except sugar beet and sweet potato replacing the individual tolerance on potato. Therefore, EPA proposes increasing and revising the individual tolerances to crop group tolerances in 40 CFR 180.169 (a)(1) as proposed for carbaryl residues of concern in/on ``beet, garden, tops and turnip, greens from 12 ppm and salsify, tops from 10 ppm to vegetable, leaves of root and tuber, group 2 except sugar beet tops at 75 ppm;'' and ``potato from 0.2(N) ppm to vegetable, root and tuber, group 1, except sugar beet and sweet potato at 2 ppm.'' The Agency determined that the increased tolerances are safe; i.e. there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue.
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Based on livestock feeding studies and estimating a maximum dietary burden, residues of carbaryl do not exceed 0.5 ppm in fat, 1 ppm in milk, 1 ppm in meat, and 3 ppm in meat byproducts of cattle, goats, hog, horses, and sheep, the Agency has determined the tolerances should be increased to 0.5 ppm in fat, 1 ppm in milk, 1 ppm in meat, and 3 ppm in meat byproducts of cattle, goats, hog, horses, and sheep. Because of the increased tolerances on livestock meat byproducts at 3 ppm cover livestock liver and kidney residues, separate tolerances for livestock liver and kidney at 1 ppm are no longer needed. Therefore, EPA proposes increasing and removing tolerances in 40 CFR 180.169(a)(2) as proposed for the combined carbaryl residues of concern in/on cattle, goat, hog, horse and sheep fat from 0.1 to 0.5 ppm; cattle, goat, hog, horse and sheep meat from 0.1 to 1.0 ppm; cattle, goat, hog, horse and sheep meat byproducts from 0.1 to 3.0 ppm; and milk from 0.3 to 1.0 ppm; and remove the tolerances in/on cattle, goat, swine, horse and sheep liver and kidney at 1 ppm. The Agency determined that the increased tolerances are safe; i.e. there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue.
Based on available field trial residue data that indicate residues do not exceed 50 ppm in/on alfalfa, 75 ppm in/on alfalfa hay, 5 ppm in/ on bananas, 25 ppm in/on sugar beet tops, 50 ppm in/on clover forage, 70 ppm in/on clover hay, 0.1 ppm on sweet corn including field and pop corn grains, 20 ppm in/on field corn stover, 20 ppm in/on pop corn stover, 30 ppm in/on field corn forage, 3 ppm in/on cranberry, 0.5 ppm in/on flax seed, 15 ppm in/on grass hay, 1 ppm in/on millet proso grain
(translating from wheat grain), 20 ppm in/on millet proso straw
(translating from wheat straw), 4 ppm in/on okra, 0.05 ppm in/on peanut, 20 ppm in/on peanut hay, 0.1 ppm in/on pistachio, 5 ppm in/on prickly pear cactus fruit, 60 ppm in/on rice straw, 30 ppm in/on sorghum grain forage, 0.5 ppm in/on soybeans, 15 ppm in/on soybean forage and hay, 4 ppm in/on strawberry, 0.5 ppm in/on sunflower seed, 15 ppm in/on trefoil forage, 25 ppm in/on trefoil hay, 1 ppm in/on wheat grain, 30 in/on wheat hay (which should include 30 ppm in/on wheat forage) and 20 ppm in/on wheat straw, the Agency determined that the tolerances should be decreased to these residue levels that are not exceeded for each of these commodities. Field trial residue data also indicates that separate tolerances should be established for corn, field, grain at 0.02 ppm, corn, pop at 0.02 ppm, and wheat, forage at 30 ppm. The Agency is also revising commodity terminology to conform to current practice. Therefore, EPA proposes decreasing, establishing, and revising the tolerances in 40 CFR 180.169(a)(1) as proposed for carbaryl residues of concern in/on alfalfa from 100 to 50 ppm; alfalfa, hay from 100 to 75 ppm; banana from 10 to 5 ppm; beet, sugar, tops from 100 to 25 ppm; clover from 100 to clover, forage at 50 ppm; clover, hay from 100 to 70 ppm; ``corn, sweet, kernel plus cob with husks removed'' from 5 to 0.1 ppm; corn, stover at 100 ppm to corn, field, stover at 20 ppm and corn, pop, stover at 20 ppm; corn, forage at 100 ppm to corn, field, forage at 30 ppm; cranberry from 10 to 3 ppm; flax, seed from 5 to 0.5 ppm; grass, hay from 100 to 15 ppm; millet, proso, grain from 3 to 1 ppm; millet, proso, straw from 100 to 20 ppm; okra from 10 to 4 ppm; peanut from 5 to 0.05 ppm; peanut, hay from 100 to 20 ppm; pistachio from 1 to 0.1 ppm; prickly pear cactus, fruit from 12 ppm to cactus, fruit at 5 ppm; rice, straw from 100 to 60 ppm; sorghum, forage from 100 to sorghum, grain, forage at 30 ppm; soybean from 5 to soybean, seed at 0.5 ppm; soybean, forage from 100 to 15 ppm; soybean, hay from 100 to 15 ppm; strawberry from 10 to 4 ppm; sunflower, seed from 1 to 0.5 ppm; trefoil, forage from 100 to 15 ppm; trefoil, hay from 100 to 25 ppm; wheat, grain from 3 to 1 ppm; wheat, hay from 100 to 30; wheat, straw from 100 to 20 ppm, and establishing corn, field, grain at 0.02; corn, pop, grain at 0.02 ppm; and wheat, forage at 30 ppm.
Based on the available field trial data that indicate carbaryl residues as high as 50 ppm in/on almond hulls, 15 ppm in/on asparagus, 21 ppm in/on cabbage, 215 ppm in/on sweet corn stover, 185 ppm in/on sweet corn forage, 22 ppm dandelion leaves, 22 ppm in/on parsley leaves, 15 ppm rice grain, 12 ppm in/on the representative commodities of pome fruit group 11, and 22 ppm in/on spinach, the Agency determined the tolerances should be increased to these levels. Therefore, EPA proposes increasing and revising the tolerances in 40 CFR 180.169(a)(1) as proposed for carbaryl residues of concern in/on almond, hulls from 40 to 50 ppm; asparagus from 10 to 15 ppm; cabbage from 10 to 21 ppm; corn, stover from 100 ppm to corn, sweet, stover at 215 ppm; corn, forage from 100 ppm to corn, sweet, forage at 185 ppm; dandelion, leaves from 12 to 22 ppm; parsley, leaves from 12 to 22 ppm; rice, grain from 5 to 15 ppm; fruit, pome at 10 ppm to fruit, pome, group 11 at 12 ppm; spinach from 12 to 22 ppm. The Agency determined that the increased tolerances are safe; i.e. there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue.
There are currently no active registrations with uses on cotton; therefore, the Agency has determined that tolerances for cotton, undelinted seed at 5 ppm should be revoked. Based on poultry feeding studies and the fact there are no longer direct uses on poultry and poultry houses, there is no reasonable expectation of finite residues
in accordance with 40 CFR 180.6(a)(3)
in poultry and egg; therefore, the Agency has determined that tolerances for poultry meat and fat at 5 ppm and egg at 0.5 should be revoked. In the event there may be existing stocks of products bearing labels having uses on cotton and/or direct uses on poultry and poultry houses, the tolerances on cotton, poultry and egg will be revoked on October 31, 2009. The tolerance expiration date of October 31, 2009 should allow sufficient time for end users to exhaust those existing stocks and for treated commodities to clear the channels of trade. In order to consolidate the tolerances on poultry meat, fat and egg, the Agency is transferring the carbaryl tolerance on egg entry from 40 CFR 180.319 to 40 CFR 180.169(a)(2).
Therefore, EPA proposes transferring the entry in 40 CFR 180.319 carbaryl residues of concern which corresponds with egg at 0.5 ppm to 40 CFR 180.169(a)(2) as proposed; revoking the tolerances in 40 CFR 180.169(a)(2) for carbaryl residues of concern in/on cotton, undelinted seed at 5 ppm on October 31, 2009; poultry, fat at 5 ppm on October 31, 2009; poultry, meat at 5 ppm on October 31, 2009; and newly transferred egg at 0.5 ppm on October 31, 2009; and removing the entry in 40 CFR 180.319 for carbaryl (1-naphthyl N-methylcarbamate) and its metabolite 1-naphthol, calculated as carbaryl which corresponds to egg at 0.5 ppm.
The Agency has also determined that many of the existing carbaryl tolerances on individual commodities should be reassigned as crop group/subgroup tolerances because the Agency has the field trial residue data and/or tolerances in place for the representative commodities required to establish the corresponding crop group tolerances. Based on the available field trial data that indicate residues of carbaryl do not exceed 10 ppm in/on kale and mustard greens, the Agency has determined the tolerances for kale and mustard greens should be decreased to 10 ppm and
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removed since both commodities should be covered by vegetable, brassica, leafy, group 5, except cabbage at 10 ppm tolerance.
Therefore, EPA proposes revising the tolerances in 40 CFR 180.169 as proposed for carbaryl residues of concern in/on apricot; cherry; nectarine; peach; plum, prune, fresh at 10 ppm to fruit, stone, group 12 at 10 ppm;'' ``blackberry, boysenberry, dewberry, loganberry, raspberry at 12 ppm to caneberry subgroup 13-07A at 12 ppm;''
``broccoli; Brussels sprouts; cabbage, Chinese; cauliflower; collards; kohlrabi; and mustard greens from 10 ppm and kale and mustard greens from 12 ppm to vegetable, brassica, leafy, group 5, except cabbage at 10 ppm;'' bean and pea (with pods) at 10 ppm to vegetable, legume, edible-podded subgroup 6A at 10 ppm; prickly pear cactus, pads to cactus, pads; sorghum, grain to sorghum, grain, grain; dill, fresh to dillweed, fresh leaves; fruit, citrus to fruit, citrus, group 10; and grass to grass, forage.
The proposed tolerance actions herein for carbaryl, to implement the recommendations of the carbaryl RED, reflect use patterns in the
U.S. which support a different tolerance than the Codex level on: pome fruit group 11; sugar beet root; vegetable, root and tuber, group 1, except sugar beet and sweet potato; field and sweet corn stover; cattle, goat, hog, horse, and sheep meat; rice grain, hulls, and straw; soybean, seed; sunflower seed; sorghum forage; tree nut group 14; wheat straw, grain, fodder and bran; because of differences in good agricultural practices. However, compatibility exists for stone fruit, and will exist based on this tolerance action for carbaryl residues in or on almond hulls; asparagus; vegetable, fruiting, group 8; cattle, goat, hog, horse, and sheep meat byproducts (including liver and kidney); field corn/maize; sweet corn; wheat germ and flour. 3. Diazinon. Based on available field trial data that indicate residues of diazinon as high as 0.16 ppm in/on apricots, cherries, nectarines, peaches and plums, the Agency determined that the tolerances should be decreased to 0.2 ppm. There are no active registrations reflecting uses on field corn; therefore the Agency determined the tolerance in/on corn, field, forage is no longer needed.
Based on available field trial data that indicate residues of diazinon are less than 0.05 ppm in/on watercress, the Agency determined that the tolerance should be decreased to 0.05 ppm. EPA is also revising the commodity terminology to conform to current Agency practice. Therefore,
EPA proposes decreasing the tolerances in 40 CFR 180.153(a)(1) for diazinon residues of concern in/on apricot from 0.5 to 0.20 ppm; cherry from 0.75 to cherry, sweet and cherry, tart at 0.2 ppm; nectarine from 0.5 to 0.2 ppm; peach from 0.7 to 0.2 ppm; plum, prune, fresh from 0.5 to 0.2 ppm; and watercress from 0.7 to 0.05 ppm; and revoking corn, field, forage at 40.0 ppm.
Because there are no food use registrations in/on olives, the
Agency has determined the tolerance is no longer needed. Also, based on available livestock studies indicating residues of diazinon in fat as high as 0.39 ppm, the Agency has determined that the tolerance in/on cattle, fat should be decreased to 0.5 ppm. Therefore, EPA proposes revoking the tolerance in 40 CFR 180.153(a)(1) for diazinon residues of concern in/on olive at 1.0 ppm and decreasing the tolerance in/on cattle fat from 0.7 ppm to 0.5 ppm.
The Agency published a cancellation order on March 6, 2002 (67 FR 10196) (FRL-6826-2) as a follow up to a January 4, 2002 notice of receipt from the end-use products registrants, requesting cancellations and amendments of their diazinon product registrations terminating all indoor uses, certain agricultural uses and certain outdoor non- agricultural uses and limiting some registrations to specific regions.
Specifically, in the cancellation order, the uses were amended for banana, cucumbers, celery, parsley, parsnips, peppers, potatoes, sweet potatoes, winter squash, summer squash, Swiss chard, and turnips (roots and greens) to regional uses. Therefore, the Agency has determined the corresponding tolerances should be transferred from permanent tolerances to regional tolerances. The uses were canceled which correspond to the tolerances on radicchio at 0.7 ppm; citrus at 0.7 ppm; sheep fat at 0.7 ppm; sheep, meat (fat basis) at 0.7 ppm; and sheep, meat byproducts (fat basis) at 0.7 ppm. Therefore, the Agency has determined that these tolerances should be revoked, except for the tolerance on kiwi which is being retained for import purposes. EPA is also revising the commodity terminology to conform to current Agency practice. Therefore, EPA proposes transferring the tolerances in 40 CFR 180.153(a)(1) to 40 CFR 180.153(c) for banana; cucumber; celery; parsley, leaves; parsnip; pepper; potato; potato, sweet; squash, summer; squash, winter; Swiss chard; turnip, roots; and turnip, greens to turnip, tops; revoking tolerances in 40 CFR 180.153(a)(1) for radicchio at 0.7 ppm; citrus at 0.7 ppm; sheep fat at 0.7 ppm; sheep, meat byproducts (fat basis) at 0.7 ppm; and sheep, meat byproducts (fat basis) at 0.7 ppm; and revising a tolerance in 40 CFR 180.153(a)(1) to add a footnote to kiwifruit that reads as follows: ``There are no domestic registrations in/on kiwifruit as of March 6, 2002.''
The Agency published a cancellation order December 6, 2006 (72 FR 40874) (FRL-8139-6) which resulted in the cancellation of certain uses of diazinon in the granular, liquid and/or wettable powder formulations on a variety of commodities; however, only uses on sugar beets, sweet corn, Chinese broccoli, Chinese cabbage, Chinese mustard, Chinese radish, grapes, hops, walnuts, and mushroom houses were canceled on all registrations such that the tolerances are no longer needed. Therefore,
EPA proposes revoking the tolerances in 40 CFR 180.153 for diazinon residues of concern in/on beet, sugar, roots at 0.5 ppm; beet, sugar, tops at 10 ppm; corn, sweet, forage at 40 ppm; corn, sweet, kernel plus cob with husks removed at 0.7 ppm; grape at 0.75 ppm; hop, dried cones at 0.75 ppm; mushroom at 0.75 ppm; walnuts at 0.5 ppm; radish, oriental, roots at 0.10 ppm; and radish, oriental, tops at 0.10 ppm.
The registration for the use on almonds is only in California; therefore, the Agency has determined that the tolerance in/on almonds is a regional registration. Therefore, EPA proposes transferring the tolerance in 40 CFR 180.153(a)(1) for almond at 0.5 ppm to 40 CFR 180.153(c); correcting the citation in 40 CFR 180.153(c) from 180.1(n) to 180.1(m); and correcting the CAS number from 33-41-5 to 333-41-5.
Because field pea hay and vines are no longer recognized as raw agricultural commodities, field pea hay and vines are no longer considered to be a significant food/feed item; therefore, the associated tolerances are no longer needed. Therefore, EPA proposes revoking the tolerances in 40 CFR 180.153(a)(1) in/on pea, field, hay at 10.0 ppm and pea, field, vines at 25.0 ppm.
There are currently no registrations for food and feed handling establishment uses outlined in 40 CFR 180.153(a)(2) and 40 CFR 180.153(a)(3). Therefore, EPA proposes removing the paragraphs in 40
CFR 180.153(a)(2) and 40 CFR 180.153(a)(3).
The individual tolerances in/on blackberry, loganberry and raspberry are being consolidated under the caneberry subgroup at 0.75 ppm. EPA is revising the commodity terminology to conform to current
Agency practice. Therefore, EPA proposes revising and increasing tolerances in 40 CFR 180.153(a) for diazinon residues of concern from
``blackberry at 0.5 ppm, loganberry at
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0.75 ppm, and raspberry at 0.5 ppm to caneberry subgroup 13-07A at 0.75 ppm'' and revising endive to escarole.
The proposed tolerance actions herein for diazinon, to implement the recommendations of the diazinon RED, reflect use patterns in the
U.S. which support a different tolerance than the Codex level on some commodities because of differences in good agricultural practices.
However, compatibility exists for all of the citrus fruits, Chinese cabbage, grapes, mushrooms, olives, peaches, plums, and sheep byproducts and fat, based on the proposed reassessed U.S. tolerances implemented. 4. Dicrotophos. Based on available cotton field trial data that indicate residues of dicrotophos as high as 0.13 ppm in/on cotton seed and 1.8 ppm in/on cotton gin by products, the Agency determined that the tolerances should be increased to 0.2 ppm on cotton, undelinted seed and a tolerance should be established on cotton gin by products at 2.0 ppm. Therefore, EPA proposes increasing a tolerance in 40 CFR 180.299 for dicrotophos residues of concern in/on cotton, undelinted seed from 0.05 to 0.2 ppm and establishing a tolerance of in/on cotton gin by products at 2.0 ppm. The Agency determined that the increased tolerances are safe; i.e. there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue.
The Agency is also standardizing the subsections of the 40 CFR 180 and changing the section heading to dicrotophos. Therefore, EPA proposes revising 40 CFR 180.299 by establishing 4 subsections entitled: ``(a) General, (b) Section 18 emergency exemptions-reserved;
(c) Tolerances with regional registrations-reserved and (d) Indirect or inadvertent residues - reserved and change the heading from dimethyl phosphate of 3-hydroxy-N,Ndimethyl-cis-crotonamide to dicrotophos.''
Currently, there are no Codex MRLs in place for dicrotophos. 5. Fluometuron. Tolerances are currently established for negligible residues of the herbicide fluometuron (1,1-dimethyl-3-([alpha],
alpha
, [alpha]-trifluoro-m-tolyl)urea) in 40 CFR 180.229 for plant commodities. Based on reevaluation of the plant and animal metabolism data, the Agency determined that the regulated residues of concern in/ on plants consist of the parent compound, fluometuron, and the metabolite, trifluoromethylaniline (TFMA); and in animal tissue the regulated residues consist of the parent compound, the hydroxylated metabolites [CGA-236431 (1-(4-hydroxy-3-trifluoromethyl-phenyl)urea),
CGA-236432 (1-methyl-3-(4-hydroxy-3-trifluoromethylphenyl)urea), CGA- 13211 (1,1-dimethyl-3-(4-hydroxy-3-triflurormethylphenyl)urea)], and their conjugates (determined as TFMS). The chemical name for fluometuron should be corrected to the CAS name (N,N-dimethyl-N'-(3- trifluoromethyl)phenyl)urea) in the tolerance expression. Therefore,
EPA proposes revising the tolerance expression for plants in 40 CFR 180.229(a)(1) and 180.229(d) for the combined residues of the herbicide fluometuron (N,N-dimethyl-N'-(3-trifluoromethyl)phenyl)urea) and its metabolite trifluoromethylaniline (TFMA) determined as TFMA. EPA also proposes revising the tolerance expression for livestock in 40 CFR 180.229(a)(2) for the combined residues of the herbicide fluometuron
(N,N-dimethyl-N'-(3-trifluoromethyl)phenyl)urea), its metabolites determined as TFMA, and the hydroxylated metabolites [CGA-236431 (1-(4- hydroxy-3-trifluoromethyl-phenyl)urea), CGA-236432 (1-methyl-3-(4- hydroxy-3-trifluoromethylphenyl)urea), CGA-13211 (1,1-dimethyl-3-(4- hydroxy-3-trifluoromethylphenyl)urea)].
Based on available field trial data that indicate residues of fluometuron as high as 0.58 ppm in or on cotton and 3.1 ppm in/on cotton gin byproducts, the Agency determined that the tolerance should be increased in/on cotton, undelinted seed to 1.0 ppm and a tolerance should be established in/on cotton gin by products at 3.5 ppm.
Therefore, EPA proposes increasing the tolerance in 40 CFR 180.229(a)(1) for the combined residues of fluometuron and its metabolites of concern in/on cotton, undelinted seed from 0.1 ppm to 1.0 ppm and establishing a tolerance in 40 CFR 180.229(a)(1) in/on cotton, gin byproducts at 3.5 ppm. The Agency determined that the increased tolerances are safe; i.e. there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue.
Based on the livestock feeding studies that indicate residues of fluometuron as high as 0.041 ppm in liver; 0.0096 ppm in kidney; 0.0041 ppm in milk; and 0.0315 ppm egg, poultry meat, fat and meat byproducts, the Agency determined that tolerances should be established in cattle, goat, horse, hog, sheep and poultry meat byproducts at 0.1 ppm, in poultry meat and fat at 0.1 ppm and in milk at 0.02 ppm. Therefore, EPA proposes establishing tolerances in 40 CFR 180.229(a)(2) for the combined residues of fluometuron and its metabolites of concern in cattle, meat byproducts; egg; goat, meat byproducts; hog, meat byproducts; horse, meat byproducts; poultry, fat; poultry, meat; poultry, meat byproducts; and sheep, meat byproducts at 0.1 ppm and milk at 0.02 ppm.
Based on the available rotational crop field trial data that indicate residues of fluometuron as high as 0.46 ppm in/on cereal grains, 2.8 ppm in cereal grain forage, 5.8 ppm in/on cereal grain fodder and straw, 0.1 ppm in/on peanut, 1.7 ppm in/on soybean seed, 2.4 ppm in/on soybean forage, 2.7 ppm in/on soybean hay, the Agency determined that tolerances should be established on grain, cereal, group 15 at 0.5 ppm; grain, cereal, forage, group 16 at 3.0 ppm; grain, cereal, fodder and straw group 16 at 6.0 ppm; peanut at 0.1 ppm; peanut, hay at 4.0 ppm; soybean, seed at 2.0 ppm; soybean, forage at 3.0 ppm; and soybean, hay at 3.0 ppm for the inadvertent and indirect residues of fluometuron. Therefore, EPA proposes establishing tolerances in 40 CFR 180.229(d) for the combined residues of fluometuron and its metabolites of concern in grain, cereal, group 15 at 0.5 ppm; grain, cereal, forage, group 16 at 3.0 ppm; grain, cereal, fodder and straw, group 16 at 6.0 ppm; peanut at 0.1 ppm; peanut, hay at 4.0 ppm; soybean, seed at 2.0 ppm; soybean, forage at 3.0 ppm; and soybean, hay at 3.0 ppm.
Based on the available food processing studies that indicate residues of fluometuron as high as 0.1 ppm (concentration factor of 1.7X) in peanut meal; 0.25 ppm (3.2X) in rice hulls; and 0.38 ppm
(1.8X) in wheat milled byproducts, the Agency determined that tolerances should be established on peanut, meal at 0.2 ppm; rice, hulls at 1.0 ppm; and wheat, milled byproducts at 1.0 ppm. Therefore,
EPA proposes establishing tolerances in 40 CFR 180.229(d) for the combined residues of fluometuron and its metabolites of concern in peanut, meal at 0.2 ppm; rice, hulls at 1.0 ppm; and wheat, milled byproducts at 1.0 ppm.
Currently, there are no Codex MRLs in place for fluometuron. 6. Formetanate hydrochloride. Based on available field trial data that indicate residues of formetanate hydrochloride as high as 0.43 ppm in/on apples and pears; 0.98 ppm in/on grapefruits and oranges;
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