Captan, 2,4-D, Dodine, DCPA, Endothall, Fomesafen, Propyzamide,
Ethofumesate, Permethrin, Dimethipin, and Fenarimol; Proposed Tolerance
Actions
[Federal Register: June 6, 2007 (Volume 72, Number 108)]
[Proposed Rules]
[Page 31221-31237]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn07-23]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2007-0097; FRL-8122-7]
Captan, 2,4-D, Dodine, DCPA, Endothall, Fomesafen, Propyzamide, Ethofumesate,
Permethrin, Dimethipin, and Fenarimol; Proposed Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to revoke certain tolerances for captan, 2,4-
D, dodine, endothall, propyzamide, permethrin, ethofumesate and
dimethipin. Also, EPA is proposing to modify certain tolerances for
captan, 2,4-D, dodine, DCPA, endothall, propyzamide, permethrin,
ethofumesate, and fomesafen. In addition, EPA is proposing to establish
new tolerances for captan, 2,4-D, dodine, propyzamide, permethrin, and
ethofumesate. 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 the tolerance
reassessment requirements of the Federal Food, Drug, and Cosmetic Act
(FFDCA) section 408(q).
DATES: Comments must be received on or before August 6, 2007.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0097, 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 telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0097. 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 Federal 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 web
site 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.
[[Page 31222]]
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:
I. General Information
A. 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.
B. 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.
C. 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 time frames 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 final rule cannot be raised
again in any subsequent proceedings.
II. Background
A. What Action is the Agency Taking?
EPA is proposing to revoke, remove, modify, and establish specific
tolerances for residues of the fungicides captan, dodine, and
fenarimol; the herbicides 2,4-D, DCPA, endothall, propyzamide,
ethofumesate, dimethipin and fomesafen; and the insecticide permethrin
in or on the 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 the Food Quality Protection Act (FQPA). 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 1 (800)
490-9198; fax 1 (513) 489-8695; internet at http://www.epa.gov/ncepihom/
and from the National Technical Information Service (NTIS),
5285 Port Royal Road, Springfield, VA 22161; telephone 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 at
http://www.epa.gov/pesticides/reregistration/status.htm.
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. 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; and, (2) the
[[Page 31223]]
tolerance remains safe, not withstanding 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 the 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 and 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 number EPA-HQ-OPP-007-
0097 and also EPA-HQ-OPP-2005-0266 (dodine); EPA-HQ-OPP-2004-0370
(endothall); EPA-HQ-OPP-2004-0380 (dimethipin); EPA-HQ-OPP-2002-0159
(propyzamide); EPA-HQ-OPP-2004-0346 (ethofumesate); EPA-HQ-OPP-2004-
0385 (permethrin); EPA-HQ-OPP-2004-0167 (2,4-D); EPA-HQ-OPP-2004-0296
(Captan) and EPA-HQ-OPP-2002-0250 and EPA-HQ-OPP-2005-0459 (fenarimol),
then click on that docket number to view its contents.
EPA has determined that the aggregate exposures and risks are not
of concern for the above mentioned pesticide active ingredients 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 in accordance with FFDCA section
408(b)(2)(A), and 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 section 408(b)(2)(C).
These findings are discussed in detail in each RED. 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. The registrations for
these pesticide chemicals were canceled 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 domestic commodities legally
treated.
1. Captan. Tolerances are currently established for both plant and
animal commodities in 40 CFR 180.103(a) for residues of the fungicide,
captan (N-trichloromethylthio-4-cyclohexene-1,2-dicarboximide) for
preharvest and postharvest uses or combinations of such uses in or on
plant and animal commodities. This use-pattern timing related language,
preharvest and postharvest, is impractical and should be removed
because enforcement officials would rarely be able to determine the
timing of the application. Also, the Agency has determined that the
residues of concern are captan per se in plants and that the metabolite
1,2,3,6-tetrahydrophthalimide (THPI) of captan is of toxicological
concern and should be regulated in/on animal commodities along with
captan. Therefore, EPA proposes transferring the tolerance expressions
in 40 CFR 180.103(a) to (a)(1) for residues of the fungicide, captan
(N-trichloromethylthio-4-cyclohexene-1,2-dicarboximide) in or on plant
commodities retaining those plant-related tolerances and to transfer
livestock tolerances into (a)(2) for the combined residues of the
fungicide, captan (N-trichloromethylthio-4-cyclohexene-1,2-
dicarboximide) and its metabolite 1,2,3,6-tetrahydrophthalimide (THPI),
measured as THPI, in or on animal commodities. Currently, tolerances in
40 CFR 180.103(b) are for residues of captan on an interim basis for
almonds, almond hulls, beans dry, beans succulent, and potatoes. The
Agency has determined that these tolerances are no longer interim and
should be moved to 40 CFR 180.103(a)(1). Also, to conform to current
Agency practice, 40 CFR 180.103(b) should now be designated for section
18 emergency exemptions - reserved; add paragraph (c) for regional
registrations - reserved; and add paragraph (d) for indirect or
inadvertent residues - reserved. Therefore, EPA proposes that the
interim tolerances listed in 40 CFR 180.103(b) be transferred to 40 CFR
180.103(a)(1); paragraph (b) be revised to (b) section 18 emergency
exemptions - reserved; add paragraph (c) regional registrations -
reserved; and add paragraph (d) indirect or inadvertent residues - reserved.
Based on available field trial data that indicate residues of
captan as high as 0.18 parts per million (ppm) in/on almonds, 54.91 ppm
in/on almond hulls, 7 ppm in/on apricot, 18.3 ppm in/on blueberries, 36
ppm in/on cherries, 22.4 ppm in/on grapes, 10 ppm in/on nectarines, 14
ppm in/on peach, 8 ppm in/on plum, 2 ppm in/on prune, 12 ppm in/on
plum/prune juice, and 13 ppm in/on strawberries, the Agency determined
that the tolerance should be decreased to 0.25 ppm in/on almonds, 75
ppm in/on almond hulls, 10 ppm in/on apricots, 20 ppm in/on
blueberries, 50 ppm in/on cherries, 25 ppm in/on grapes, 25 ppm in/on
nectarines, 15 ppm in/on peaches, 10 ppm in/on plums and 20 ppm in/on
strawberry. The tolerance for strawberries was also decreased to
harmonize with the Codex alimentarius. Therefore, EPA proposes
decreasing tolerances in newly revised 40 CFR 180.103(a)(1) for captan
residues of concern in plants in or on almond from 2 to 0.25 ppm;
almond, hulls from 100 to 75 ppm; apricot from 50 to 10 ppm; blueberry
from 25 to 20 ppm; cherry at 100 to cherry, sweet at 50 ppm and cherry,
tart at 50 ppm; grape from 50 to 25 ppm; nectarine from 50 to 25 ppm;
peach from 50 to 15 ppm; plum, prune, fresh from 100 to 10 ppm; and
strawberry from 25 to 20 ppm.
Based on available data reflecting seed treatment use, residues of
captan were < 0.05 ppm (the level of detection) in or on dry and
succulent beans, peas and soybeans; therefore, the Agency determined
that the tolerances should be 0.05 ppm on vegetable, legume, group 6
and vegetable, foliage of legume, group 7, replacing the individual
tolerances. Therefore, EPA proposes decreasing and modifying the
individual tolerances to a crop group tolerance in newly revised 40 CFR
180.103(a)(1) for captan residues of concern in plants in/on beans,
dry, seed at 25 ppm; bean, succulent at 25 ppm; pea, dry, seed at 2
ppm; pea, succulent at 2 ppm; soybean, dry at 2 ppm; soybean, succulent
at 2 ppm to
[[Page 31224]]
vegetable, legume, group 6 at 0.05 ppm and vegetable, foliage of
legume, group 7 at 0.05 ppm.
Based on available data reflecting seed treatment use, residues of
captan were < 0.05 ppm (the level of detection) in or on garden beets,
carrots, rutabagas, potatoes, and turnips; therefore, the Agency
determined that the tolerances should be 0.05 ppm on vegetable, root
and tuber, group 1 and vegetable, leaves of root and tuber, group 2,
replacing the individual tolerances. Therefore, EPA proposes decreasing
and modifying the individual tolerances to a crop group tolerances in
newly revised 40 CFR 180.103(a)(1) for captan residues of concern in
plants in/on beet, garden, roots at 2 ppm; beet, garden, tops at 100
ppm; carrot, roots at 2 ppm; potato at 25 ppm; rutabagas (roots) at 2
ppm; turnip, greens at 2.0 ppm; turnip, roots at 2.0 ppm to vegetable,
root and tuber, group 1 at 0.05 ppm and vegetable, leaves of root and
tuber, group 2 at 0.05 ppm.
Based on available data reflecting seed treatment use, residues of
captan were < 0.05 ppm (the level of detection) in or on broccoli,
Brussels sprouts, cabbage, cauliflower, collards, kale, and mustard
greens; therefore, the Agency determined that the tolerance should be
0.05 ppm on vegetable, brassica leafy, group 5 replacing the individual
tolerances. Therefore, EPA proposes decreasing and modifying the
individual tolerances to a crop group tolerance in newly revised 40 CFR
180.103(a)(1) for captan residues of concern in plants in/on broccoli,
Brussels sprouts, cabbage, cauliflower, collards, kale, mustard greens
each at 2 ppm to vegetable, brassica leafy, group 5 at 0.05 ppm.
Based on available data reflecting seed treatment use, residues of
captan were < 0.05 ppm (the level of detection) in or on cantaloupe,
cucumber, honeydew melon, muskmelon, pumpkins, summer squash, winter
squash, and watermelons; therefore, the Agency determined that the
tolerance should be 0.05 ppm on vegetable, cucurbit group 9 replacing
the individual tolerances. Therefore, EPA proposes decreasing and
modifying the individual tolerances to a crop group tolerance in newly
revised 40 CFR 180.103(a)(1) for captan residues of concern in plants
in/on cantaloupe; cucumber; melon, honeydew; muskmelon; pumpkin;
squash, summer; squash, winter; and watermelon each at 25 ppm to
vegetable, cucurbit, group 9 at 0.05 ppm.
Based on available data reflecting seed treatment use, residues of
captan were < 0.05 ppm (the level of detection) in or on celery,
lettuce, and spinach; therefore, the Agency determined that the
tolerance should be 0.05 ppm on vegetable, leafy, except brassica,
group 4 replacing the individual tolerances. Therefore, EPA proposes
decreasing and modifying the individual tolerances to a crop group
tolerance in newly revised 40 CFR 180.103(a)(1) for captan residues of
concern in plants in/on celery at 50 ppm, lettuce at 100 ppm, and
spinach at 100 ppm to vegetable, leafy, except brassica, group 4 at 0.05 ppm.
Based on available data reflecting seed treatment use, residues of
captan were < 0.05 ppm (the level of detection) in or on eggplant,
peppers, and tomato; therefore, the Agency determined that the
tolerance should be 0.05 ppm on vegetable, fruiting, group 8 replacing
the individual tolerances. Therefore, EPA proposes decreasing and
modifying the individual tolerances to a crop group tolerance in newly
revised 40 CFR 180.103(a)(1) for captan residues of concern in plants
in/on eggplant; pepper; and tomato each at 25 ppm to vegetable,
fruiting, group 8 at 0.05 ppm.
Based on available data reflecting seed treatment use, residues of
captan were < 0.05 ppm (the level of detection) in or on bulb onion and
green onion; therefore, the Agency determined that the tolerance should
be 0.05 ppm on vegetable, bulb, group 3 replacing the individual
tolerances. Therefore, EPA proposes decreasing and modifying the
individual tolerances to a crop group tolerance in newly revised 40 CFR
180.103(a)(1) for captan residues of concern in plants in/on onion,
bulb at 25 ppm and onion, green at 50 ppm to vegetable, bulb, group 3
at 0.05 ppm.
Based on available data reflecting seed treatment use, residues of
captan were < 0.05 ppm (the level of detection) in or on corn;
therefore, the Agency determined that the tolerance should be 0.05 ppm
on grain, cereal, group 15 and grain, cereal, forage, fodder and straw,
group 16 replacing the tolerance corn, sweet, kernel plus cob with
husks removed. Therefore, EPA proposes decreasing and modifying a
tolerance to crop group tolerances in newly revised 40 CFR
180.103(a)(1) for captan residues of concern in plants in/on corn,
sweet, kernel plus cob with husks removed at 2 ppm to grain, cereal,
group 15 and grain, cereal, forage, fodder and straw, group 16 at 0.05 ppm.
The Agency has determined that tolerances for blackberry, dewberry
and raspberry each at 25 ppm should be replaced by the crop group
tolerance caneberry, subgroup 13A at 25 ppm. Therefore, EPA proposes
modifying the individual tolerances to a crop group tolerance in newly
proposed 40 CFR 180.103(a) for captan residues of concern in plants in/
on blackberry, dewberry, and raspberry each at 25 ppm to caneberry,
subgroup 13A at 25 ppm.
Based on available data reflecting seed treatment use, residues of
captan were < 0.05 ppm (the level of detection) in or on cottonseed;
dill seed; flax seed; grass forage; grass, hay; non-grass animal feeds
group 18; okra; peanuts; peanut hay; rapeseed; rapeseed forage;
safflower seed; sesame seed; and sunflower seed; therefore, the Agency
determined that the tolerances should each be 0.05 ppm. Tolerances for
flax straw and sunflower forage are no longer necessary because these
commodities are not considered significant feed items in accordance
with ``Table 1.--Raw Agricultural and Processed Commodities and
Feedstuffs Derived from Crops'' which is found in Residue Chemistry
Test Guidelines OPPTS 860.1000 dated August 1996, available at
http://www.epa.gov/opptsfrs/publications/OPPTS Harmonized/860 Residue
Chemistry Test Guidelines/Series. Therefore, EPA is proposing to
establish tolerances in 40 CFR 180.103(a)(1) for captan residues of
concern in or on dill, seed at 0.05 ppm; flax, seed at 0.05 ppm; grass,
forage at 0.05 ppm; grass, hay at 0.05 ppm; animal feed, nongrass,
group 18 at 0.05 ppm; okra at 0.05 ppm; peanut at 0.05 ppm; peanut, hay
at 0.05 ppm; rapeseed, seed at 0.05 ppm; rapeseed, forage at 0.05 ppm;
safflower, seed at 0.05 ppm; sesame, seed at 0.05 ppm; and sunflower,
seed at 0.05 ppm and decrease cotton, undelinted seed from 2 to 0.05 ppm.
Based on the livestock dietary burden from wet apple pomace and
animal feed commodities from seed treatments, the maximum theoretical
dietary burden of captan residues of concern for dairy cattle is 17.27
ppm and beef cattle is 27.72 ppm. Using the results of the 30 ppm
feeding level from the animal feeding study, the expected residue
levels are 0.11 ppm in fat; 0.25 ppm in kidney (meat byproducts); 0.18
ppm in muscle; and 0.06 ppm in milk. Based on these data, the Agency
has determined that the tolerances in cattle, goat, horse, hog and
sheep should be: 0.20 ppm in meat; 0.30 ppm in meat byproducts; 0.15
ppm in fat; and 0.10 ppm in milk (where sheep meat, fat and meat
byproducts tolerances reflect the text in the tolerance reassessment of
the RED versus the table C which is not accurate). Therefore, EPA
proposes increasing the tolerances in newly revised 40 CFR
180.103(a)(2) for the combined residues of the fungicide, captan (N-
trichloromethylthio-4-cyclohexene-1,2-dicarboximide) and its metabolite
1,2,3,6-
[[Page 31225]]
tetrahydrophthalimide (THPI) in or on cattle, fat from 0.05 to 0.15
ppm; cattle, meat from 0.05 to 0.20 ppm; cattle, meat byproducts from
0.05 to 0.30 ppm; hog, fat from 0.05 to 0.15 ppm; hog, meat from 0.05
to 0.20 ppm; hog, meat byproducts from 0.05 to 0.30 ppm and proposes
establishing tolerances in newly revised 40 CFR 180.103(a)(2) in/on
goat, fat at 0.15 ppm; goat, meat at 0.20 ppm; goat, meat byproducts at
0.30 ppm; horse, fat at 0.15 ppm; horse, meat at 0.20 ppm; horse, meat
byproducts at 0.30 ppm; milk at 0.10 ppm; sheep, fat at 0.15 ppm;
sheep, meat at 0.20 ppm; and sheep, meat byproducts at 0.30 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 last registered use of captan on mangoes was canceled in 1998;
therefore, the tolerance is no longer needed. Therefore, EPA is
proposing to revoke the existing tolerance for mango at 50 ppm in newly
revised 40 CFR 180.103(a)(1).
The proposed tolerance actions herein for captan, to implement the
recommendations of the captan RED, reflect use patterns in the U.S.
which support a different tolerance than the Codex level on almonds,
cucumbers, nectarines, raspberries, and tomatoes, because of
differences in good agricultural practices. However, compatibility
exists for apples and pears will exist between the proposed reassessed
U.S. tolerances and Codex MRLs for captan residues in or on
blueberries, peaches, potatoes, and strawberries.
2. 2,4-D. Currently, tolerances for residues of 2,4-D in or on
plant raw agricultural commodities fish and potable water are currently
expressed in terms of 2,4-D (2,4-dichlorophenoxyacetic acid) in 40
CFR180.142(a)(1-2, 4-7 and 9-13). The residues are regulated depending
on the use pattern, the form of the 2,4-D formulation applied (e.g.,
acid, salts), timing of treatment (preharvest or postharvest) and some
commodities are covered by two or more tolerances (e.g., citrus). This
use-pattern related language is impractical and should be removed for
three reasons:
i. 2,4-D in the acid form as well as the sodium salt, four amine
salts, and three esters upon contact with water and/or hydrolytic
enzymes are converted to a single common moiety, 2,4-D (anion or acid
depending on the pH) which is the pesticidally active component serving
as the basis for the tolerance regulation. Consequently, the available
tolerance enforcement methodology cannot distinguish between which form
of the pesticidally active component was applied.
ii. If 2,4-D residues were detected in a commodity, enforcement
officials would rarely be able to determine who applied the pesticide,
when, or for what purpose.
iii. If the 2,4-D concentration were to fall between two tolerance
levels for the same commodity, the Agency would not know whether the
sample was violative.
Therefore, EPA is proposing to subsume the lower tolerances in the
higher existing tolerances, delete use-pattern related language (e.g.,
timing and formulation), and revise the tolerances in 40 CFR
180.142(a)(1-2, 4-7 and 9-13) into 40 CFR 180.142(a) for residues of
the herbicide, plant regulator, and fungicide 2,4-D (2,4-
dichlorophenoxyacetic acid), both free and conjugated, determined as
the acid and delete the paragraphs designations (1-2, 4-7, and 9-13).
The available field trial data indicate residues of 2,4-D are as
high as 1.39 ppm in or on wheat grain. The wheat grain data are
translated to support tolerances for barley, millet, oats and rye
grain. Based on these data, the Agency determined that the tolerance
should be increased to 2.0 ppm on wheat, barley, millet, oats and rye
grain. Based on available field trial data that indicate residues of
2,4-D as high as 24.9 ppm and 40.9 ppm in or on wheat forage and wheat
straw, respectively, which is also translated to millet, oats and rye
forage and millet straw, the Agency determined that the tolerances
should be increased to 25 ppm in/on wheat, millet, oats, and rye forage
and 50 ppm in/on millet straw. Based on available field trial data that
indicate residues of 2,4-D as high as 49.8 ppm in/on corn stover; 0.053
ppm in/on hops; 0.31 ppm in/on potatoes; < 0.01 ppm in/on strawberry;
and 0.485 ppm in/on rice, the Agency determined that the tolerances
should be increased to 50 ppm in/on corn, stover; 0.2 ppm in/on hop;
0.4 in/on potato; 0.01 ppm in/on strawberry; and 0.5 ppm in/on rice,
grain. EPA is also revising commodity terminology to conform to current
Agency practice. Therefore, EPA is proposing to increase and revise
tolerances in newly revised 40 CFR 180.142(a) for the combined 2,4-D
residues of concern in or on barley, grain from 0.5 to 2.0 ppm; millet,
grain from 0.5 to 2.0 ppm; oat, grain from 0.5 to 2.0 ppm; rye, grain
from 0.5 to 2.0 ppm; wheat, grain from 0.5 to 2.0 ppm; millet, straw
from 20 to 25 ppm; millet, forage from 20 to 25 ppm; oat, forage from
20 to 25 ppm; rye, forage 20 to 25 ppm; wheat, forage from 20 to 25
ppm; rice grain from 0.1 to 0.5 ppm; corn, stover from 20 to 50 ppm;
hop from 0.05 to 0.2 ppm; potato from 0.2 to 0.4 ppm; and strawberry
from 0.05 to 0.1 ppm and revise corn, stover to corn, field, stover;
corn, pop, stover; and corn, sweet, stover; and revise hop to hop,
dried cones. 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 data on field corn, pop corn, and
sweet corn that indicate residues of 2,4-D as high as 5.2 ppm in/on
corn forage, < 0.05 ppm in/on corn fresh, sweet, kernel plus cob with
husks removed, and 0.038 ppm in/on corn grain, the Agency determined
that the tolerances should be decreased to 6.0 ppm, 0.05 ppm, and 0.05
ppm, respectively. Based on available field trial data that indicate
residues of 2,4-D as high as 0.07 ppm in/on fish, 0.079 ppm in/on
grapefruits, 0.24 ppm in/on oranges, and 2.5 ppm in/on lemons, the
Agency determined that the tolerances should be decreased to 0.10 ppm
in/on fish and to 3.0 ppm in/on fruit, citrus, group 10. Based on
available field trial data that indicate residues of 2,4-D as high as
< 0.01 ppm in/on apples and pears, the Agency determined that the
tolerance should be decreased to 0.1 ppm in/on fruit, pome, group 11
replacing the individual tolerances for apple, pear, and quince. Based
on available field trial data that indicate residues of 2,4-D as high
as < 0.05 ppm in/on cherries, < 0.01 ppm in/on peaches, and < 0.01 ppm in/
on plums, the Agency determined that the tolerance should be decreased
to 0.1 ppm in/on fruit, stone group 12 replacing the individual
tolerance for apricots. Based on available field trial data that
indicate residues of 2,4-D as high as < 0.05 ppm in/on pistachio; < 0.1
in/on grapes; 358 ppm in/on grass, pasture and rangeland; 8.83 ppm in/
on rice, straw; 0.162 ppm in/on sorghum, forage; 0.012 ppm in/on
sorghum, grain; 0.17 ppm in/on sorghum, grain, stover; 0.015 ppm in/on
sugarcane; and 0.105 ppm in/on sugarcane, molasses, the Agency
determined that the tolerances should be decreased to 0.05 ppm in/on
pistachio; 0.1 ppm in/on grape; 300 ppm in/on grass, hay; 360 ppm in/on
grass, pasture and grass, rangeland; 10 ppm in/on rice, straw; 0.2 ppm
in/on sorghum, forage; 0.2 ppm in/on sorghum, grain; 0.2 ppm in/on
sorghum, grain, stover; 0.05 ppm in/on sugarcane; and 0.2 ppm in/on
sugarcane, molasses. EPA is also revising commodity terminology to
conform to current
[[Page 31226]]
Agency practice. Therefore, EPA is proposing to decrease and revise
tolerances in newly revised 40 CFR 180.142(a) for the combined 2,4-D
residues of concern in or on corn, forage from 20 to corn, field,
forage; and corn, sweet, forage at 6.0; corn, fresh, sweet, kernel plus
cob with husks removed at 0.5 to corn, sweet, kernel plus cob with
husks removed at 0.05 ppm; corn, grain at 0.5 to corn, field, grain at
0.05 ppm and corn, pop, grain at 0.05 ppm; fish, 1.0 to 0.10 ppm;
fruit, citrus at 5 ppm to fruit, citrus, group 10 at 3.0 ppm; fruit,
pome at 0.1 and apple, pear, and quince at 5 ppm to fruit, pome, group
11 at 0.1 ppm; apricot at 5 ppm and fruit, stone at 0.2 ppm to fruit,
stone, group 12 at 0.1 ppm; pistachio at 0.05 ppm; grape from 0.5 to
0.1 ppm; grass, pasture and grass, rangeland from 1,000 ppm to grass,
forage at 360 ppm; rice, straw from 20 to 10 ppm; sorghum, forage from
20 to sorghum, grain, forage at 0.2 ppm; sorghum, grain from 0.5 to
sorghum, grain, grain at 0.2 ppm; sorghum, grain, stover from 20 to 0.2
ppm; sugarcane, cane from 2 ppm to 0.05 ppm; and sugarcane, molasses
from 5 to 0.2 ppm.
Based on available field trial data that indicate residues of 2,4-D
as high as 0.106 ppm in cranberry, < 0.05 ppm in low bush (berries), and
0.011 ppm in high bush (berries), the Agency has determined the
tolerance should be revised to 0.2 ppm in/on berry, group 14 in place
of the individual tolerances. These tolerances are also being
maintained to cover inadvertent or indirect residues that may occur.
Therefore, EPA proposes revising the tolerances in newly revised 40 CFR
180.142(a) for the combined 2,4-D residues of concern in or on
blueberry at 0.1 ppm, cranberry at 0.5 ppm, raspberry at 0.1 ppm and
small fruit at 0.1(N) to berry, group 14 at 0.2 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.
Based on available field trial data that indicate residues of 2,4-D
as high as 0.098 ppm in/on almond hulls; 1.48 ppm in on corn aspirated
grain fractions (AGF) and 36.3 ppm in/on wheat AGF; 40.9 ppm in/on
wheat straw, 3.88 ppm in/on wheat bran, and 1.40 ppm in/on rice, hulls;
< 0.01 ppm in/on soybean forage; 1.13 ppm in/on soybean hay; and < 0.01
ppm in/on soybean seeds, the Agency determined that tolerances should
be established in/on almond, hulls at 0.1 ppm; grain, aspirated
fractions 40 ppm; wheat, straw at 50 ppm (and translating the wheat
straw data to barley, oat, and rye); barley, straw at 50 ppm; oat,
straw at 50 ppm; rye, straw at 50 ppm; wheat, bran at 4.0 ppm (and
translating the wheat bran data to barley and rye) barley, bran at 4.0
ppm; rye, bran at 4.0 ppm; rice, hulls at 2.0 ppm; soybean, forage at
0.02 ppm; soybean, hay at 2.0 ppm; and soybean, seed at 0.02 ppm.
Therefore, EPA is proposing to establish the tolerances in newly
revised 40 CFR 180.142(a) for the combined 2,4-D residues of concern in
or on almond, hulls at 0.1 ppm; barley, bran at 4.0 ppm; barley, straw
at 50 ppm; grain, aspirated fractions at 40 ppm; oat, straw at 50 ppm;
rice, hulls at 2.0 ppm; rye, bran at 4.0 ppm; rye, straw at 50 ppm;
soybean, hay at 2.0 ppm; soybean, forage at 0.02 ppm; soybean, seed at
0.02 ppm; wheat, bran at 4.0 ppm; and wheat, straw at 50 ppm.
In addition, tolerances for residues in food products of animal
origin are currently expressed in terms of 2,4-D and/or its metabolite
2,4-dichlorophenol (2,4-DCP) in 40 CFR 180.142(a)(8). The Agency has
determined that the metabolite, 2,4-DCP, is not of concern for either
the tolerance expression or for risk assessment at the minute levels
expected in livestock tissues and considering the likely lower toxicity
of 2,4-DCP compared to 2,4-D. Consequently, the regulated residues of
2,4-D are now the same for plants, shellfish, fish, and foods of animal
origin. Therefore, EPA is proposing to change the residues of concern,
transfer the foods of animal origin tolerances in 40 CFR 180.142(a)(8)
into 40 CFR 180.142(a) for the combined 2,4-D residues of concern and
delete paragraph (a)(8).
Ruminant feeding data at an exaggerated level (1.7x) show that 2,4-
D residues are as high as 0.51 ppm in fat, 0.24 ppm in meat, 0.2 ppm in
liver, 6.48 ppm in kidney, and 0.07 ppm in milk. These studies also
showed that 2,4-D is rapidly excreted from animals. Based on the rapid
excretion and residue levels on the last day of dosing in feeding
studies, the Agency has determined that the 2,4-D tolerance in milk may
be decreased to 0.05 ppm and to 0.3 ppm in the fat of cattle, goats,
horses, and sheep. The tolerances should be increased to 4.0 ppm in the
kidneys of cattle, goats, horses, and sheep and to 0.3 ppm in the meat
and meat byproducts of cattle, goats, horses, and sheep. Therefore, EPA
is proposing to increase tolerances in newly revised 40 CFR 180.142(a)
for the combined 2,4-D residues of concern in or on cattle, kidney from
2 to 4.0 ppm; goat, kidney from 2 to 4.0 ppm; horse, kidney from 2 to
4.0 ppm; and sheep, kidney from 2 to 4.0 ppm; cattle, meat from 0.2 to
0.3 ppm; goats, meat from 0.2 to 0.3 ppm; horses, meat from 0.2 to 0.3
ppm; sheep, meat from 0.2 to 0.3 ppm; cattle, meat byproducts, except
kidney from 0.2 to 0.3 ppm; goats, meat byproducts, except kidney from
0.2 to 0.3 ppm; horses, meat byproducts, except kidney from 0.2 to 0.3
ppm; and sheep, meat byproducts, except kidney from 0.2 to 0.3 ppm;
cattle, fat from 0.2 to 0.3 ppm; goat, fat from 0.2 to 0.3 ppm; horse,
fat from 0.2 to 0.3 ppm; sheep, fat from 0.2 to 0.3 ppm; and decrease
milk from 0.1 to 0.05 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 results of a 2,4-D poultry metabolism study, there is
no reasonable expectation of finite residues in poultry tissues and
eggs (Category 3 of 40 CFR 180.6(a)(3)) when 2,4-D is applied according
to registered use directions. Therefore, the Agency determined that
tolerances for residues of 2,4-D in poultry commodities are not needed.
In addition, as the lowest feeding level for cattle was 940x the
maximum theoretical dietary burden for swine, the maximum expected
residues in hog tissues would be 0.007 ppm (kidney). Accordingly, there
is no reasonable expectation of finite residues in hog commodities
(Category 3 of 40 CFR 180.6(a)(3)); therefore, the Agency has
determined tolerances associated with hog tissues are no longer needed
and should be revoked. Therefore, EPA is proposing to revoke the
tolerances in newly revised 40 CFR 180.142(a) for 2,4-D residues of
concern in or on egg at 0.05 ppm; hog, fat; hog, meat; and hog, meat
byproducts, except kidney at 0.2 ppm; hog, kidney at 2 ppm; and poultry
at 0.05 ppm.
Tolerances listed in 40 CFR 180.142(a)(3) are currently established
for negligible residues of 2,4-D in irrigated crops from application of
its dimethylamine salt in the western United States (U.S.).
Specifically, the tolerances on fruit, citrus; fruit, pome; fruit,
stone; grain, crop; root crop vegetables; grass, forage; hop; small
fruit (newly termed berry, group 14) and nut each at 0.1(N) ppm in 40
CFR 180.142(a)(3) have existing tolerances in newly revised 40 CFR
180.142(a) which are high enough to cover any inadvertent residues on
these commodities. The tolerances associated with commodities that do
not receive direct treatment of 2,4-D in 40 CFR 180.142(a)(3)--avocado;
cotton, undelinted seed; cucurbits; grain, crop; leafy vegetables;
legume forage; root crop vegetables; seed and pod
[[Page 31227]]
vegetables; and vegetable, fruiting each at 0.1(N) should be
transferred to 40 CFR 180.142(d) as they cover inadvertent and indirect
residues. Therefore, EPA is proposing that commodities and tolerances
in 40 CFR 180.142(a)(3) that are duplicative of commodities and
tolerances in newly revised 40 CFR 180.142(a) be removed from 40 CFR
180.142 (a)(3). EPA is also proposing that the remaining commodities
and tolerance combinations in 40 CFR 180.142(a)(3) (avocado; cotton,
undelinted seed; cucurbits; grain, crop; leafy vegetables; legume
forage; root crop vegetables; seed and pod vegetables; and vegetable,
fruiting each at 0.1(N)) be transferred in 40 CFR 180.142(d) for
inadvertent or indirect residues of the herbicide, plant regulator, and
fungicide 2,4-D (2,4-dichlorophenoxyacetic acid), both free and
conjugated, determined as the acid and delete 40 CFR 180.142(a)(3).
The available irrigated crop residue data for leafy vegetables and
legume, forage had maximum residue levels of 0.33 ppm and 0.15 ppm,
respectively; therefore, the Agency has determined the tolerances
should be increased from 0.1(N) to 0.4 ppm and 0.2 ppm, respectively.
The available residue data for inadvertent residue levels on the
remaining crops (avocado, cotton, cucurbits, bulbs in the root crop
vegetables, seed and pod vegetables and fruiting vegetables) do not
exceed the level of quantitation of 0.05 ppm and two times the level of
quantitation for direct uses on the root and tubers of the root crop
vegetables; therefore, the Agency determined the tolerances should be
decreased to 0.05 ppm. Based on the available irrigation data, the
resulting direct and inadvertent residues are expected to be < =0.1 ppm
in/on the bulbs in the root crop vegetables; therefore, the Agency has
determined the tolerance level and terminology should be at 0.5 ppm in/
on vegetable, bulb, group 3, 0.1 ppm in/on vegetable, root and tuber,
except potato, group 1 and vegetable, leaves of root and tuber, except
potato, group 2. EPA is also proposing to revise commodity terminology
and removing the ``(N)'' designation for negligible residues to conform
to current Agency practice. Therefore, EPA is proposing to revise and
modify tolerances in 40 CFR 180.142(d) for the combined 2,4-D residues
of concern by decreasing and revising avocado from 0.1 (N) to 0.05 ppm;
cotton, undelinted seed from 0.1(N) to 0.05 ppm; cucurbits at 0.1(N) to
vegetable, cucurbit, group 9 at 0.05 ppm; root crop vegetables at 0.1
(N) to vegetable, bulb, group 3 at 0.05 ppm; vegetable, fruiting at
0.1(N) to vegetable, fruiting, group 8 at 0.05 ppm; vegetable, seed and
pod at 0.1 (N) to vegetable, legume, group 6 at 0.05 ppm, okra at 0.05
ppm and dill, seed at 0.05 ppm; increasing and revising legume forage
at 0.1(N) to vegetable, foliage of legume, group 7 at 0.2 ppm and
animal feed, nongrass, group 18 at 0.2 ppm; vegetable, leafy at 0.1(N)
to vegetable, brassica leafy, group 5 at 0.4 ppm and vegetable, leafy,
except brassica, group 4 at 0.4 ppm; and in 40 CFR 180.142(a) further
revise the tolerance vegetable, root at 0.1(N) to vegetable, root and
tuber, except potato, group 1; and vegetable, leaves of root and tuber,
except potato, group 2 at 0.1 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 data that indicate residues of 2,4-D
as high as < 0.05 ppm in/on wild rice in Minnesota, the Agency has
determined that a regional tolerance should be established at 0.05 ppm
in/on rice, wild, grain. Therefore, EPA proposes removing the expired
(12/31/05) section 18 emergency exemption in/on wild rice at 0.1 ppm in
40 CFR 180.142(b), reserving the paragraph, and establishing a regional
tolerance in 40 CFR 180.142(c) for residues of the herbicide, plant
regulator, and fungicide 2,4-D (2,4-dichlorophenoxyacetic acid), both
free and conjugated, determined as the acid, in/on rice, wild, grain at
0.05 ppm.
Currently, there is a tolerance for residues of 2,4-D in potable
water at 0.1(N) ppm in 40 CFR 180.142(a). Pesticide residues in water
are now under the purview of EPA's Office of Water where a maximum
contaminant level of 0.07 ppm has been established for 2,4-D in
drinking water. Sugarcane bagasse is no longer considered a significant
animal feed item; therefore, the Agency has determined the tolerance on
sugarcane bagasse is no longer needed and should be revoked. Based on
available field trial data that indicate residues of 2,4-D as high as
0.095 ppm, < 0.05 ppm, and 0.16 ppm in/on filberts, pecans, and almonds,
respectively, the Agency has determined the tolerance should be
maintained at 0.2 ppm in/on nuts. EPA is also revising commodity
terminology to conform to current Agency practice. Therefore, EPA
proposes revoking the potable water tolerance at 0.01(N) ppm and
sugarcane bagasse at 5 ppm in newly revised 40 CFR 180.142(a), and
revising the tolerance in 180.142(a) in/on nut to nut, tree, group 14.
There are tolerances listed in newly revised 40 CFR 180.142(a)
(formerly 40 CFR 180.142(a)(6)) that regulate ``crops in paragraph (c)
of this section at 1.0 ppm'' and ``crops groupings in paragraph (c) of
this section at 1.0 ppm'' that should be removed because tolerances in
newly recodified 40 CFR 180.142(a) and (d) will be sufficient to cover
inadvertent residues in irrigated crops to which these tolerances
originally referred. Tolerances also exist in newly revised 40 CFR
180.142(a) (formerly 40 CFR 180.142(a)(12) and 13)) as follows; ``2 ppm
in the milled fractions (except flour) derived from barley, oats, rye,
and wheat to be ingested as food or be converted to food'' and ``2 ppm
in the milled fractions derived from barley, oats, rye, and wheat to be
ingested as animal feed or converted into animal feed'' should be
removed because tolerances for direct and inadvertent residues of 2,4-D
in barley, rye and wheat bran are newly established in newly revised 40
CFR 180.142(a) and tolerances in other small grain processed products
are not necessary as residues do not concentrate upon processing.
Therefore, EPA is proposing to remove the tolerances in newly revised
40 CFR 180.142(a) ``crops in paragraph (c) of this section at 1.0
ppm''; ``crops groupings in paragraph (c) of this section at 1.0 ppm'';
``2 ppm in the milled fractions (except flour) derived from barley,
oats, rye, and wheat to be ingested as food or be converted to food'';
and ``2 ppm in the milled fractions derived from barley, oats, rye, and
wheat to be ingested as animal feed or converted into animal feed.''
The proposed tolerance actions herein for 2,4-D, to implement the
recommendations of the 2,4-D RED, reflect use patterns in the U.S.
which support a different tolerance than the Codex level on berries;
citrus; meat byproducts; grass hay and fodder; corn forage and fodder;
meat; pome fruits; potato; rice, grain; sorghum grain; soybeans; and
wheat straw because of differences in good agricultural practices.
However, compatibility currently exists or will exist between the
proposed reassessed U.S. tolerances and Codex MRLs for 2,4-D residues
in or on corn grain, rice straw, rye grain, sorghum forage, stone
fruits, sugarcane, sweet corn, tree nuts, and wheat grain.
3. Dodine. Based on available field trial data that indicate
residues of dodine as high as 2.2 ppm in/on cherries and to harmonize
with the Codex MRL of 3 ppm, the Agency has determined that the
tolerance should be decreased to 3.0 ppm on cherry, sweet and cherry,
tart. Therefore, EPA
[[Page 31228]]
proposes decreasing the tolerance in 40 CFR 180.172(a) for residues of
dodine in or on cherry, sweet from 5.0 to 3.0 ppm and cherry, tart from
5.0 to 3.0 ppm.
Based on the available apple field trial and processing data that
indicate residues of dodine are as high as 2.58 ppm in/on apples and a
concentration factor of 5.13x in apple pomace (wet), the Agency has
determined that a tolerance should be established in/on apple, wet
pomace at 15.0 ppm. Therefore, EPA proposes establishing a tolerance in
40 CFR 180.172(a) for residues of dodine in/on apple, wet pomace at 15.0 ppm.
Based on the results of the dodine animal metabolism study, there
is no reasonable expectation of finite residues in animal tissues or
milk (category 3 of 40 CFR 180.6(a)(3)); therefore, the Agency has
determined that the tolerances for milk and meat are no longer needed
and should be revoked. In the RED, a tolerance for plum was recommended
at 5 ppm; however, there are no longer any uses in/on plums so the
tolerance is not being established. Additionally, use of dodine on
spinach is no longer a registered use, the Agency has determined the
regional tolerance for spinach at 12.0 ppm should be revoked.
Therefore, EPA is proposing to revoke tolerances in 40 CFR 180.172(a)
for residues of dodine in/on meat and milk at 0 ppm and 40 CFR
180.172(b) for residues of dodine in/on spinach at 12.0 ppm and reserve
and redesignate paragraph (b) as paragraph (c) for tolerances with
regional registrations.
In order to conform to the adopted format in the CFR for 40 CFR
part 180, EPA proposes revising 40 CFR 180.172 by adding paragraph (b)
section 18 emergency exemptions--reserved; and paragraph (d) for
indirect and inadvertent residues--reserved.
Compatibility of U.S. tolerances and Codex MRLs exist for dodine
residues in/on apples, pears, and peaches and will exist between the
proposed reassessed U.S. tolerances and Codex MRLs in or on sweet and
tart cherries.
4. DCPA. There are currently no registered uses for DCPA on corn,
lettuce, rutabaga and soybean; however, the tolerances are being
retained to cover any inadvertent residues from the rotation of crops
to previously DCPA treated fields/crops (1998 RED page 23). EPA is also
revising commodity terminology to conform to current Agency practice.
Therefore, EPA is proposing to transfer and revise tolerances in 40 CFR
180.185(a) to 40 CFR 180.185(d) for the combined inadvertent residues
of the herbicide dimethyl tetrachloroterephthalate (DCPA) and its
metabolites monomethyl tetrachloroterephthalate acid (MTP) and
terachlorophthalic acid (TCP) (calculated as DCPA) in or on corn,
field, forage; corn, field stover; corn, pop, forage; corn, pop,
stover; corn, sweet, forage; corn, sweet, stover at 0.4 ppm; corn,
grain (including pop and field) at 0.05 ppm to corn, pop, grain at 0.05
ppm and corn, field, grain at 0.05 ppm; corn, sweet, kernel plus cob
with husks removed at 0.05 ppm; lettuce at 2 ppm to 2.0 ppm; rutabagas
at 2 ppm to rutabaga at 2.0 ppm; and soybean at 2 ppm to 2.0 ppm.
Currently, the tolerances for basil, fresh leaves and basil, dried
leaves are 20.0 ppm and 5.0 ppm, respectively, as published August 20,
2004 (69 FR 51571) (FRL-7673-6), and were intended for inadvertent
residues rather than direct use tolerances. These tolerances should be
corrected, switching the tolerance levels to basil, fresh leaves at 5.0
ppm and basil, dried leaves at 20.0 ppm and designated as inadvertent
residue tolerances. Therefore, EPA is proposing to correct and transfer
the tolerances in 40 CFR 180.185(a) to 40 CFR 180.185(d) for the
combined inadvertent residues of the herbicide DCPA and its metabolites
MTP and TCP (calculated as DCPA) in or on basil, fresh leaves from 20.0
to 5.0 ppm and basil, dried leaves from 5.0 to 20.0 ppm.
The tolerances for celeriac, chicory, chive, coriander, dill,
marjoram, parsley, radicchio, and oriental radish as published August
20, 2004 (69 FR 51571) (FRL-7673-6), were tolerances intended to cover
inadvertent residues rather than direct use residues. Therefore, EPA is
proposing to transfer the tolerances in 40 CFR 180.185(a) to 40
CFR180.185(d) for the combined inadvertent residues of the herbicide
DCPA and its metabolites MTP and TCP (calculated as DCPA) in or on
celeriac at 2.0 ppm; chicory, roots at 2.0 ppm; chicory, tops at 5.0
ppm; chive at 5.0 ppm; coriander, leaves at 5.0 ppm; dill at 5.0 ppm;
marjoram at 5.0 ppm; parsley, leaves at 5.0 ppm; parsley, dried leaves
at 20.0 ppm; radicchio at 5.0 ppm; and radish, oriental at 2.0 ppm.
There are currently no registered uses for DCPA in or on beans
(field, mung and succulent), cotton, cucumbers, eggplants, peppers,
blackeyed peas, potatoes, squash (winter and summer), sweet potatoes,
turnips, leafy brassica vegetables and yams as published August 20,
2004 (69 FR 51571) (FRL-7673-6). However, the tolerances are being
retained to cover any inadvertent residues from rotation of crops to
previously DCPA treated fields/crops. EPA is also revising commodity
terminology to conform to current Agency practice. Therefore, EPA is
proposing to revise and transfer tolerances in 40 CFR 180.185(a) to 40
CFR 180.185(d) for the combined inadvertent residues of the herbicide
DCPA and its metabolites MTP and TCP (calculated as DCPA) in or on
bean, field, dry to bean, dry; bean, mung, seed at 2 ppm; bean, snap,
succulent at 2 ppm; cotton, undelinted seed at 0.2 ppm; cucumber at 1.0
ppm; eggplant at 1.0 ppm; pepper at 2 ppm; pimento at 2 ppm; potato at
2 ppm; squash, summer at 1.0 ppm; squash, winter at 1 ppm; pea,
blackeyed to pea, blackeyed, seed; radish, oriental to radish,
oriental, roots and radish, oriental, tops; sweet potato, roots to
sweet potato; turnip to turnip, roots; turnip, greens to turnip, tops;
vegetable, brassica, leafy, group 5 at 5 ppm; and yam, true, tuber at 2 ppm.
In addition, EPA is proposing to revise commodity terminology and
tolerances to conform to current Agency practice in 40 CFR 180.185(a)
for the combined residues of the herbicide DCPA and its metabolites MTP
and TCP (calculated as DCPA) in or on melon, honeydew to muskmelon; and
onion to onion, bulb.
The are no registered uses for upland cress; therefore, the
tolerance is no longer appropriate. Therefore, EPA is proposing to
revoke the tolerance in 40 CFR 180.185(a) in/on cress, upland at 5 ppm.
Currently, there are no Codex MRLs in place for DCPA.
5. Endothall. Tolerances are currently established for rice, grain
and rice, straw at 0.05(N) ppm. The ``N'' indicating negligible
residues should be deleted in accordance with current Agency practice
in 40 CFR 180.293 for the endothall residues of concern in or on rice,
grain from 0.05(N) ppm to 0.05 ppm and rice, straw from 0.05(N) ppm to 0.05 ppm.
There is currently an interim tolerance established in 40 CFR
180.293(a)(2) for endothall residues of concern for potable water at
0.2 ppm. EPA's Office of Pesticide Programs no longer regulates
pesticides in water by establishing tolerances, but rather by EPA's
Office of Water where an appropriate Maximum Concentration Level has
been established. Therefore, EPA is proposing to revoke the interim
tolerance of 0.2 ppm in 40 CFR 180.293 (a)(2) and redesignating 40 CFR
180.293 (a)(1) and (a)(2) as 40 CFR 180.293(a).
EPA is proposing to revise commodity terminology to conform to
current Agency practice in newly revised 40 CFR 180.293(a) from hop to
hop, dried cones.
[[Page 31229]]
Currently, there are no Codex MRLs in place for endothall.
6. Propyzamide (or pronamide). Currently, 40 CFR 180.317(a)
regulates the combined residues of the herbicide propyzamide and its
metabolites (containing the 3,5-dichlorobenzoyl moiety calculated as
3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide) and in 40 CFR
180.317(b) only the parent, propyzamide is regulated in error. The
Agency has determined the residues for regulation should be corrected
in 40 CFR 180.317(b) to include the metabolites. Therefore, EPA
proposes correcting the regulatory expression in 40 CFR 180.317(b) to
regulate the combined residues of the herbicide propyzamide and its
metabolites (containing the 3,5-dichlorobenzoyl moiety calculated as
3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide).
Based on the available field trial data that indicate the combined
residues of propyzamide are less than the level of detection (0.01 ppm)
in or on artichokes, the Agency determined that the tolerance should be
decreased to 0.01 ppm. Therefore, EPA proposes decreasing the tolerance
in 40 CFR 180.317(a) for the combined residues of the herbicide
propyzamide and its metabolites (containing the 3,5-dichlorobenzoyl
moiety calculated as 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide)
in or on artichoke, globe from 0.1 to 0.01 ppm.
In a residue study, two groups of lactating cows were fed alfalfa
hay containing 20 to 40 ppm field-aged propyzamide residues for 3 weeks
resulting in residues in fat tissues ranging from < 0.01 to 0.48 ppm.
Based on linear extrapolation of the maximum residues observed in the
study and the maximum theoretical dietary burden, the Agency determined
that the cattle, goat, hog, horse, and sheep fat tolerances should be
raised from 0.02 to 0.20 ppm. Therefore, EPA proposes increasing the
tolerances in 40 CFR 180.317(a) for the combined residues of the
herbicide propyzamide and its metabolites (containing the 3,5-
dichlorobenzoyl moiety calculated as 3,5-dichloro-N-(1,1-dimethyl-2-
propynyl)benzamide) in or on cattle, fat from 0.02 to 0.20 ppm; goat,
fat from 0.02 to 0.20 ppm; hog, fat from 0.02 to 0.20 ppm; horse, fat
from 0.02 ppm to 0.20 ppm; and sheep, fat from 0.02 to 0.20 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.
Tolerances are typically not established for poultry kidneys,
consequently, the associated tolerance is not necessary and the Agency
determined that the tolerance for poultry, kidney at 0.2 ppm should be
revoked. Concomitant with revoking the poultry, kidney tolerance, the
tolerance for poultry, meat byproducts (except kidney, liver) should be
revised to poultry, meat byproducts, except liver. Therefore, EPA
proposes revoking the tolerance in 40 CFR 180.317(a) for the combined
propyzamide residues of concern in or on poultry, kidney and revising
the tolerance poultry, meat byproducts, (except kidney, liver) to
poultry, meat byproducts, except liver.
Based on available confined accumulation in rotational crops data
that indicate residues of propyzamide and its metabolites are as high
as 0.10 ppm in wheat forage; 0.038 ppm in wheat, grain, and 0.181 ppm
in wheat, straw, the Agency determined that tolerances for inadvertent
or indirect residues should be established in/on cereal, grain, forage
at 0.6 ppm; cereal, grain, hay at 0.2 ppm; and cereal, grain, straw at
0.3 ppm. Therefore, EPA proposes establishing tolerances in 40 CFR
180.317(d) for the combined residues of the herbicide propyzamide and
its metabolites (containing the 3,5-dichlorobenzoyl moiety calculated
as 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide) in or on grain,
cereal, forage, group 16 at 0.6 ppm; grain, cereal, hay, group 16 at
0.2 ppm; and grain, cereal, straw, group 16 at 0.3 ppm.
Based on the available field trial data that indicate the combined
residues of propyzamide are as high as 8.68 ppm in/on alfalfa seed, the
Agency determined that a tolerance should be established in/on alfalfa,
seed at 10.0 ppm. Therefore, EPA is proposing to establish tolerances
in 40 CFR 180.317(a) for the combined propyzamide residues of concern
in/on alfalfa, seed at 10.0 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.
EPA is also revising commodity terminology to conform to current
Agency practice. Therefore, EPA proposes modifying a tolerance in 40
CFR 180.317(a) in/on lettuce to lettuce, head; fruit, stone to fruit,
stone group 12; nongrass animal feeds to animal feed, nongrass, group
18; radicchio, greens (tops) to radicchio; cattle, meat byproducts,
except kidney, liver; goat, meat byproducts, except kidney, liver; hog,
meat byproducts, except kidney, liver; horse, meat byproducts, except
kidney, liver; sheep, meat byproducts, except kidney, liver to cattle,
meat byproducts, except kidney and liver; goat, meat byproducts, except
kidney and liver; hog, meat byproducts, except kidney and liver; horse,
meat byproducts, except kidney and liver; and sheep, meat byproducts,
except kidney and liver and in 40 CFR 180.317(c) in/on pea, dried,
winter to pea, field, seed.
Currently, there are no Codex MRLs in place for propyzamide.
7. Ethofumesate. Tolerances in 40 CFR 180.345(a)(1) and (a)(2) are
regulated for the combined residues of the herbicide ethofumesate (2-
ethoxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl methanesulfonate) and
its metabolites 2-hydroxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl
methanesulfonate and 2,3-dihydro-3,3-dimethyl-2-oxo-5-benzofuranyl
methanesulfonate both calculated as parent compound in/on raw
agricultural commodities for (a)(1) and in/on the processed feeds when
present as a result of application to growing crops. When the residues
of concern are the same for both processed feeds and the raw
agricultural commodities, it is administrative practice to regulate
them in the same paragraph. Therefore, EPA proposes combining the
tolerances in 40 CFR 180.345(a)(1) and (a)(2) into 40 CFR 180.345(a).
As there are presently no regulated poultry or swine feed items
associated with the registrated uses of ethofumesate, the hog fat,
meat, and meat byproduct tolerances are no longer needed. Also, based
on available field trial data that indicate residues of ethofumesate
and its regulated metabolites are as high as 0.25 ppm in/on sugar beet
roots, 3.1 ppm in/on sugar beet tops, 4.28 ppm in/on garden beet tops,
the Agency determined that the tolerances should be increased to 0.3
ppm on sugar beet roots, 4.0 ppm sugar beet tops, and 5.0 ppm in/on
garden beet tops. Therefore, EPA is proposing to revoke the tolerances
in newly revised 40 CFR 180.345(a) for the combined residues of the
herbicide ethofumesate (2-ethoxy-2,3-dihydro-3,3-dimethyl-5-
benzofuranyl methanesulfonate) and its metabolites 2-hydroxy-2,3-
dihydro-3,3-dimethyl-5-benzofuranyl methanesulfonate and 2,3-dihydro-
3,3-dimethyl-2-oxo-5-benzofuranyl methanesulfonate both calculated as
parent compound in/on hog, fat at 0.05 ppm, hog, meat at 0.05 ppm and
hog, meat byproducts at 0.05 ppm. Also, EPA proposes increasing the
tolerances in/on beet, sugar, roots from 0.1 to 0.3 ppm; beet, sugar,
tops from
[[Page 31230]]
1.00 to 4.0 ppm; beet, garden, tops from 4.0 to 5.0 ppm in newly
revised 40 CFR 180. 345(a). 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 0.5x processing factor for refined sugar and the
highest average field trial residues of 0.25 ppm in beet roots, the
expected combined ethofumesate residues of concern would be 0.125 ppm
in refined sugar; therefore, the Agency has determined the tolerance
for refined sugar should be 0.20 ppm. EPA is also modifying commodity
terminology to conform to current Agency practice. Therefore, EPA is
proposing to establish the tolerances in newly revised 40 CFR
180.345(a) for the combined residues of the herbicide ethofumesate (2-
ethoxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl methanesulfonate) and
its metabolites 2-hydroxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl
methanesulfonate and 2,3-dihydro-3,3-dimethyl-2-oxo-5-benzofuranyl
methanesulfonate both calculated as parent compound in/on beet, sugar,
refined sugar at 0.20 ppm. Also, EPA proposes modifying tolerances in
newly recodified 40 CFR 180.345(a) from sugar beet molasses to beet,
sugar, molasses.
Since publication of the RED, EPA established tolerances in 40 CFR
180.345 in/on garden beets, sugar beets and carrots.
Currently, there are no Codex MRLs in place for ethofumesate.
8. Permethrin. The tolerance on cotton, undelinted seed at 0.5 ppm
in 40 CFR 180.378(a) expired on November 15, 1997, and should be
removed from the CFR. Because the only tolerance in 40 CFR 180.378(a)
has expired, EPA proposes removing existing 40 CFR 180.378(a) in its
entirety. Currently, tolerances in 40 CFR 180.378(b) permethrin [(3-
phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropane
carboxylate], DCVA [3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropane
carboxylate], and MPBA [3-phenoxyphenyl)methanol (3-phenoxybenzoic acid)]
on plant commodities; 180.378(c) permethrin, DCVA, MPBA, and 3-
phenoxybenzoic acid (3-PBA) in/on animal commodities; and 180.378(d)
regional registrations are regulated for permethrin, DCVA and MPBA.
Based on new toxicity studies and structural (molecular level) activity
relationship (SAR) considerations, the Agency determined that residues
of concern for regulation should consist of the cis- and trans-
permethrin isomers for both plant and animal commodities. (This change
also harmonizes the residues for regulation with MRLs for Codex, Canada
and Mexico.) Consequently, the existing separation of plant tolerances
in 40 CFR 180.378(b) and animal tolerances in 180.378(c) is no longer
needed and should be combined into newly revised 40 CFR 180.378(a).
Regional tolerances in 40 CFR 180.378(d) should be transferred to
180.378(c), and newly revised paragraph (b) and (d) should be
established and reserved for section 18 emergency exemptions and
indirect or inadvertent residues, respectively, in order to conform to
current Agency practice. Therefore, EPA proposes changing the tolerance
expression and transferring tolerances in 40 CFR 180.378(b) and (c)
into 40 CFR 180.378(a) for the combined residues of the insecticide
cis- and trans-permethrin isomers [cis-(3-phenoxyphenyl)methyl 3-(2,2-
dichloroethenyl)-2,2-dimethylcyclopropane carboxylate] and [trans-(3-
phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropane
carboxylate] in/on food commodities; reserving 40 CFR 180.378(b) for
section 18 exemptions; transferring the tolerances in 40 CFR 180.378(d)
to 40 CFR 180.378 (c) tolerances with regional registrations for the
combined residues of the insecticide cis- and trans-permethrin isomers
[cis-(3-phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-
dimethylcyclopropane carboxylate] and [trans-(3-phenoxyphenyl)methyl 3-
(2,2-dichloroethenyl)-2,2-dimethylcyclopropane carboxylate] in/on food
commodities; and reserving 40 CFR 180.378(d) for indirect or
inadvertent residues.
EPA is modifying commodity terminology to conform to current Agency
administrative practice and based on available field trial data that
indicate residues of permethrin as high as 15.2 ppm in/on alfalfa
(fresh), 44.5 ppm in/on alfalfa hay, 4.0 ppm in/on globe artichokes,
0.32 ppm in/on cauliflower, 42.6 ppm in/on corn forage, 27.1 ppm in/on
field and sweet corn stover, 0.26 ppm in/on eggplant, 0.48 ppm in/on
horseradish, 4.9 ppm in/on mushrooms, 0.92 ppm in/on peaches, < 0.02 ppm
in/on pears and apples, 0.47 in/on bell peppers, 1.27 ppm in/on squash,
0.52 ppm in/on cucumbers and 1.2 ppm in/on melons (where squash,
cucumber and melon are representative of the vegetable cucurbit group
9); the Agency determined that the tolerance should be decreased to
20.0 ppm in/on alfalfa, forage; 45 ppm in/on alfalfa, hay; 5.0 ppm in/
on artichoke, globe; 0.50 ppm in/on cauliflower; 0.50 ppm in/on
eggplant; 0.5 ppm in/on horseradish; 5.0 ppm in/on mushroom; 0.50 ppm
in/on pepper, bell; 1.0 ppm in/on peach; 0.05 ppm in/on fruit, pome,
group 11 (in place of individual apple and pear tolerances); 1.50 ppm
in/on vegetable, cucurbit, group 9. The Agency also determined that the
tolerances should be decreased and separated (by field, sweet, and pop
varieties) for corn, forage; and corn, stover as follows: 50 ppm in/on
corn, field, forage; 50 ppm in/on corn, sweet, forage; 30 ppm in/on
corn, field, stover; 30 ppm in/on corn, pop, stover; and 30 ppm in/on
corn, sweet, stover. Therefore, EPA proposes decreasing and revising
tolerances in newly revised 40 CFR 180.378(a) for the combined
permethrin residues of concern in/on alfalfa, forage from 25.0 to 20
ppm; alfalfa, hay from 55.0 to 45 ppm; artichoke, globe from 10.0 to
5.0 ppm; cauliflower from 1.0 to 0.50 ppm; corn, forage from 60.0 ppm
to corn, field, forage at 50 ppm and corn, sweet, forage at 50 ppm;
corn, stover at 60.0 ppm to corn, field, stover at 30 ppm and corn,
pop, stover at 30 ppm and corn, sweet, stover at 30 ppm; eggplant from
1.0 to 0.50 ppm; horseradish from 1.0 to 0.50 ppm; mushroom from 6.0 to
5.0 ppm; pepper, bell from 1.0 to 0.5 ppm; peach from 5.0 to 1.0 ppm;
apple at 0.05 ppm and pear at 3.0 ppm to fruit, pome, group 11 at 0.05
ppm; vegetable, cucurbit, group 9 from 3.0 to 1.50 ppm.
Based on a cattle/ruminant feeding study (at 10 and 50 ppm) and the
maximum theoretical dietary burden (MTDB) of 40.3 ppm for dairy cattle,
the maximum expected residues of permethrin would be 0.088 ppm in whole
milk (2.20 ppm in milk fat), 0.064 ppm in meat, 0.88 ppm in fat, and
0.048 ppm in meat byproducts, the Agency determined the tolerances
should be 1.5 ppm for cattle, goat, horse, and sheep fat; 0.10 ppm for
cattle, goat, horse, and sheep meat; 0.10 ppm for cattle, goat, horse,
and sheep meat byproducts; and 3.0 ppm for milk, fat. A hog feeding
study is not available; however, the maximum potential residues
resulting from dietary exposure can be estimated for hogs using data
from the above ruminant feeding study. The 10 ppm feeding level in the
cattle feeding study is equivalent to 167x the MTDB for swine. The
maximum expected residues for permethrin in hogs would be < 0.01 ppm in
meat, meat byproducts, and in fat; therefore, the Agency has determined
the tolerances should be 0.05 ppm for hog fat, meat and meat
byproducts. Based on poultry feeding studies and the MTDB of 4.05 ppm
and 11 ppm for poultry, the maximum potential residues of permethrin would
[[Page 31231]]
be 0.025 ppm in eggs; < 0.01 ppm in liver; 0.009 ppm in muscle; and
0.25-0.30 ppm in fat, the Agency determined the tolerances should be
0.10 ppm for egg and 0.05 ppm for poultry meat byproducts. Therefore,
EPA proposes decreasing and modifying tolerances in newly revised 40
CFR 180.378(a) for the combined permethrin residues of concern in/on
cattle, fat from 3.0 to 1.50 ppm; cattle, meat from 0.25 to 0.10 ppm;
cattle, meat byproducts from 2.0 to 0.10 ppm; egg from 1.0 to 0.10 ppm;
goat, fat from 3.0 to 1.50 ppm; goat, meat from 0.25 to 0.10 ppm; goat,
meat byproducts from 2.0 to 0.10 ppm; hog, fat from 3.0 to 0.05 ppm;
hog, meat from 0.25 to 0.05 ppm; hog, meat byproducts from 3.0 to 0.05
ppm; horse, fat from 3.0 to 1.50 ppm; horse, meat from 0.25 to 0.10
ppm; horse, meat byproducts from 2.0 to 0.10 ppm; milk, fat (reflecting
0.25 ppm in whole milk) from 6.25 to milk, fat (reflecting 0.88 ppm in
whole milk) at 3.0 ppm; poultry, meat byproducts from 0.25 to 0.05 ppm;
sheep, fat from 3.0 to 1.50 ppm; sheep, meat from 0.25 to 0.10 ppm; and
sheep, meat byproducts from 2.0 to 0.10 ppm.
Based on available field trial data that indicate residues of
permethrin as high as 11.27 ppm in/on collards, 8.25 ppm in/on turnip
greens and 0.12 ppm in/on turnip roots, the Agency determined that the
tolerance should be decreased to 15 ppm in/on collards; 10 ppm in/on
turnip, greens; and 0.20 ppm in/on turnip, roots. Therefore, EPA
proposes decreasing and revising tolerances in newly revised 40 CFR
180.378(c) for the combined permethrin residues of concern in/on
collards from 20 to 15 ppm; turnip, greens from 20 ppm to turnip, tops
at 10 ppm; and turnip, roots from 1 to 0.20 ppm. EPA also proposes
recodifying and revising grass, range at 15 ppm in newly revised 40 CFR
180.378(a) to 40 CFR 180.378(c) as grass, hay at 15 ppm and grass,
forage at 15 ppm.
Based on available field trial data that indicate residues of
permethrin as high as 1.24 ppm in/on asparagus, 1.76 ppm in/on
broccoli, and 3.94 ppm in/on cherries, the Agency determined that the
tolerance should be increased to 2.0 ppm in/on asparagus, 2.0 ppm in/on
broccoli, and 4.0 ppm in/on cherry. Therefore, EPA proposes increasing
and revising tolerances in newly revised 40 CFR 180.378(a) for the
combined permethrin residues of concern in/on asparagus from 1.0 to 2.0
ppm; broccoli from 1.0 to 2.0 ppm; and cherry from 3.0 to cherry, sweet
at 4.0 ppm and cherry, tart at 4.0 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.
Based on available field trial data that indicate residues of
permethrin as high as 4.0 ppm in/on celery, the Agency has determined
the individual tolerance on celery should be replaced with the leaf
petioles subgroup 4B at 5.0 ppm. Based on available data that indicate
residues of permethrin as high as 0.386 ppm in/on aspirated grain
fractions, the Agency has determined the tolerance should be
established for grain, aspirated fractions at 0.50 ppm. Therefore, EPA
proposes establishing the tolerance in newly revised 40 CFR 180.378(a)
for the combined permethrin residues of concern in/on grain, aspirated
fractions at 0.50 ppm and revising from celery to leaf petioles
subgroup 4B at 5.0 ppm.
EPA is also modifying commodity terminology to conform to current
Agency administrative practice; therefore, the Agency proposes revising
the terminology for tolerances in newly revised 40 CFR 180.378(a) for
the combined residues of the insecticide permethrin [(3-
phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropane
carboxylate] and its cis- andtrans-isomers in/on corn, grain to corn,
field, grain and corn, pop, grain; filbert to hazelnut; onion, dry bulb
to onion, bulb; garlic to garlic, bulb; and soybean to soybean, seed.
The proposed tolerance actions herein for permethrin, to implement
the recommendations of the permethrin RED, reflect use patterns in the
U.S. which support a different tolerance than the Codex level on pome
fruit, asparagus, eggplant, cherries, peaches, bell peppers, and meats
of cattle, goats, hogs, horses, sheep and poultry because of
differences in good agricultural practices and determination of
secondary residue levels in livestock commodities. However,
compatibility currently exists with potatoes and soybean seed, and will
exist between the proposed reassessed U.S. tolerances and Codex MRLs
for permethrin residues in or on broccoli, cauliflower, eggs, and horseradish.
9. Dimethipin. The available animal feeding study data reflecting
exaggerated dosing levels indicate that there is no expectation of
finite residues (category 3 of 40 CFR 180.6(a)(3)) in the fat, meat,
and meat byproducts of cattle, goats, hogs, horses, and sheep so that a
tolerance is not necessary for the fat, meat and meat byproducts of
cattle, goats, hogs, horses, and sheep and should be revoked. However,
the Agency has decided to retain the tolerances in the meat and meat
byproducts of cattle, goats, hogs, horses, and sheep solely to
harmonize with Codex MRLs. Therefore, the Agency has determined to
retain and decrease the tolerances from 0.02 to 0.01 ppm in meat and
meat byproducts of cattle, goats, hogs, horses, and sheep to harmonize
with current Codex MRLs (which were reduced from 0.02 ppm to 0.01 ppm
since publication of the RED). Therefore, EPA proposes revoking the
tolerances in 40 CFR 180.406(a) for dimethipin residues of concern in
or on cattle, fat at 0.02 ppm; goat, fat at 0.02 ppm; hog, fat at 0.02
ppm, horse, fat at 0.02 ppm and sheep fat at 0.02 ppm and decreasing
the tolerances in/on cattle, meat from 0.02 to 0.01 ppm; cattle, meat
byproducts from 0.02 to 0.01 ppm; goat, meat from 0.02 to 0.01 ppm;
goat, meat byproducts from 0.02 to 0.01 ppm; hog, meat from 0.02 to
0.01 ppm; hog, meat byproducts from 0.02 to 0.01 ppm; horse, meat from
0.02 to 0.01 ppm; horse, meat byproducts from 0.02 to 0.01 ppm; sheep,
meat from 0.02 to 0.01 ppm; and sheep, meat byproducts from 0.02 to 0.01ppm.
Tolerances are currently established on cotton, undelinted seed at
0.05 ppm and cotton, hulls at 0.7 ppm. Because the processing data for
cotton, hulls indicate an average concentration factor of 0.95x,
tolerances for cotton, hulls are not necessary since residues do not
concentrate and the tolerance for cotton, undelinted seed will cover
residues on cotton hulls. Therefore, EPA is proposing to revoke the
tolerances in 40 CFR 180.406(a) for dimethipin residues of concern in/
on cotton, hulls at 0.7 ppm.
Currently, the Codex MRLs and U.S. tolerances for dimethipin are
not harmonized in/on cotton seed and cotton seed oil because of
differences in good agricultural practices. However, the proposed
tolerance actions herein to implement the dimethipin RED will harmonize
U.S. tolerances and Codex MRLs in or on meat and meat byproducts of
cattle, goats, hogs, horses and sheep.
10. Fenarimol. Currently, the tolerance in 40 CFR 180.421(a) for
residues of fenarimol in/on apple is 0.1 ppm (September 15, 2006, 71 FR
54423) (FRL-8077-9). The Codex MRL is 0.3 ppm. EPA proposes increasing
the tolerances in 40 CFR 180.421(a) for residues of fenarimol in/on
apple from 0.1 to 0.3 ppm in order to harmonize with Codex in response
to concerns raised by the Chinese after publication of the September
15, 2006 Federal Register rulemaking. 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.
[[Page 31232]]
11. Fomesafen. Currently, the tolerance in 40 CFR 180.433(a) for
residues of fomesafen in/on bean, dry and bean, snap, succulent are
each 0.025 ppm (May 3, 2006 (71 FR 25945) (FRL-8062-6). The Canadian
MRL is 0.05 ppm bean, dry and bean, snap, succulent. EPA proposes
increasing the tolerances in 40 CFR 180.433(a) for residues of
fomesafen in/on bean, dry and bean, snap, succulent from 0.025 to 0.05
ppm in order to harmonize with the Canadian MRLs in support of North
American Free Trade Agreement (NAFTA). 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.
B. What is the Agency's Authority for Taking this Action?
A ``tolerance'' represents the maximum level for residues of
pesticide chemicals legally allowed in or on raw agricultural
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a,
as amended by the FQPA of 1996, Public Law 104-170, authorizes the
establishment of tolerances, exemptions from tolerance requirements,
modifications in tolerances, and revocation of tolerances for residues
of pesticide chemicals in or on raw agricultural commodities and
processed foods. Without a tolerance or exemption, food containing
pesticide residues is considered to be unsafe and therefore
``adulterated'' under section 402(a) of the FFDCA, 21 U.S.C. 342(a).
Such food may not be distributed in interstate commerce (21 U.S.C.
331(a)). For a food-use pesticide to be sold and distributed, the
pesticide must not only have appropriate tolerances under the FFDCA,
but also must be registered under FIFRA (7 U.S.C. 136 et seq.). Food-
use pesticides not registered in the United States must have tolerances
in order for commodities treated with those pesticides to be imported
into the United States.
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 the Food Quality Protection Act (FQPA). The safety finding
determination is discussed in detail in each post-FQPA RED and TRED for
the active ingredient. REDs and TREDs recommend the implementation of
certain tolerance actions, including modifications to reflect current
use patterns, to meet safety findings, and change commodity names and
groupings in accordance with new EPA policy. Printed and electronic
copies of the REDs and TREDs are available as provided in Unit II.A.
EPA has issued post-FQPA REDs for 2,4-D, dodine, DCPA, endothall,
ethofumesate, permethrin, and dimethipin, and TREDs for captan,
propyzamide, and fenarimol, whose REDs were both completed prior to
FQPA.\1\ REDs and TREDs contain the Agency's evaluation of the data for
these pesticides, including requirements for additional data on the
active ingredients to confirm the potential human health and
environmental risk assessments associated with current product uses,
and in REDs state conditions under which these uses and products will
be eligible for reregistration. The REDs and TREDs recommended the
establishment, modification, and/or revocation of specific tolerances.
RED and TRED recommendations such as establishing or modifying
tolerances, and in some cases revoking tolerances, are the result of
assessment under the FQPA standard of ``reasonable certainty of no
harm.'' However, tolerance revocations recommended in REDs and TREDs
that are proposed in this document do not need such assessment when the
tolerances are no longer necessary.
---------------------------------------------------------------------------
\1\ A RED for fomesafen was not needed because it was registered
after November 1, 1984 and not subject to reregistration
eligibility, and its tolerances were reassessed prior to completion
of a TRED, such that a RED for fomesafen was no longer needed
because EPA made a safety finding which reassessed its tolerances
according to FQPA standards.
---------------------------------------------------------------------------
EPA's general practice is to propose revocation of tolerances for
residues of pesticide active ingredients on crops for which FIFRA
registrations no longer exist and on which the pesticide may therefore
no longer be used in the United States. EPA has historically been
concerned that retention of tolerances that are not necessary to cover
residues in or on legally treated foods may encourage misuse of
pesticides within the United States. Nonetheless, EPA will establish
and maintain tolerances even when corresponding domestic uses are
canceled if the tolerances, which EPA refers to as ``import
tolerances,'' are necessary to allow importation into the United States
of food containing such pesticide residues. However, where there are no
imported commodities that require these import tolerances, the Agency
believes it is appropriate to revoke tolerances for unregistered
pesticides in order to prevent potential misuse.
Furthermore, as a general matter, the Agency believes that
retention of import tolerances not needed to cover any imported food
may result in unnecessary restriction on trade of pesticides and foods.
Under section 408 of the FFDCA, a tolerance may only be established or
maintained if EPA determines that the tolerance is safe based on a
number of factors, including an assessment of the aggregate exposure to
the pesticide and an assessment of the cumulative effects of such
pesticide and other substances that have a common mechanism of
toxicity. In doing so, EPA must consider potential contributions to
such exposure from all tolerances. If the cumulative risk is such that
the tolerances in aggregate are not safe, then every one of these
tolerances is potentially vulnerable to revocation. Furthermore, if
unneeded tolerances are included in the aggregate and cumulative risk
assessments, the estimated exposure to the pesticide would be inflated.
Consequently, it may be more difficult for others to obtain needed
tolerances or to register needed new uses. To avoid potential trade
restrictions, the Agency is proposing to revoke tolerances for residues
on crops uses for which FIFRA registrations no longer exist, unless
someone expresses a need for such tolerances. Through this proposed
rule, the Agency is inviting individuals who need these import
tolerances to identify themselves and the tolerances that are needed to
cover imported commodities.
Parties interested in retention of the tolerances should be aware
that additional data may be needed to support retention. These parties
should be aware that, under FFDCA section 408(f), if the Agency
determines that additional information is reasonably required to
support the continuation of a tolerance, EPA may require that parties
interested in maintaining the tolerances provide the necessary
information. If the requisite information is not submitted, EPA may
issue an order revoking the tolerance at issue.
When EPA establishes tolerances for pesticide residues in or on raw
agricultural commodities, consideration must be given to the possible
residues of those chemicals in meat, milk, poultry, and/or eggs
produced by animals that are fed agricultural products (for example,
grain or hay) containing pesticides residues (40 CFR 180.6). When
considering this possibility, EPA can conclude that:
1. Finite residues will exist in meat, milk, poultry, and/or eggs.
[[Page 31233]]
2. There is a reasonable expectation that finite residues will exist.
3. There is a reasonable expectation that finite residues will not
exist. If there is no reasonable expectation of finite pesticide
residues in or on meat, milk, poultry, or eggs, tolerances do not need
to be established for these commodities (40 CFR 180.6(b) and (c)).
EPA has evaluated certain specific meat, milk, poultry, and egg
tolerances proposed for revocation in this proposed rule and has
concluded that there is no reasonable expectation of finite pesticide
residues of concern in or on those commodities.
C. When do These Actions Become Effective?
EPA is proposing that modifications, establishment, commodity
terminology revisions, and revocation of these tolerances become
effective on the date of publication of the final rule in the Federal
Register because (1) with respect to the revocations, their associated
uses have been canceled for several years and (2) none of the other
tolerance actions proposed here are expected to result in adulterated
commodities. The Agency believes that with respect to the tolerances
proposed for revocation, treated commodities have had sufficient time
for passage through the channels of trade. However, if EPA is presented
with information that existing stocks would still be available and that
information is verified, the Agency will consider extending the
expiration date of the tolerance. If you have comments regarding
existing stocks and whether the effective date allows sufficient time
for treated commodities to clear the channels of trade, please submit
comments as described under SUPPLEMENTARY INFORMATION.
Any commodities listed in this proposal treated with the pesticides
subject to this proposal, and in the channels of trade following the
tolerance revocations, shall be subject to FFDCA section 408(1)(5), as
established by FQPA. Under this section, any residues of these
pesticides in or on such food shall not render the food adulterated so
long as it is shown to the satisfaction of the Food and Drug Administration that:
1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA,
and
2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from a tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates when the
pesticide was applied to such food.
III. Are the Proposed Actions Consistent with International Obligations?
The tolerance revocations in this proposal are not discriminatory
and are designed to ensure that both domestically produced and imported
foods meet the food safety standard established by the FFDCA. The same
food safety standards apply to domestically produced and imported foods.
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international MRLs established by the Codex Alimentarius
Commission, as required by section 408(b)(4) of the FFDCA. The Codex
Alimentarius is a joint U.N. Food and Agriculture Organization/World
Health Organization food standards program, and it is recognized as an
international food safety standards-setting organization in trade
agreements to which the United States is a party. EPA may establish a
tolerance that is different from a Codex MRL; however, FFDCA section
408(b)(4) requires that EPA explain the reasons for departing from the
Codex level in a notice published for public comment. EPA's effort to
harmonize with Codex MRLs is summarized in the tolerance reassessment
section of individual REDs and TREDs, and in the Residue Chemistry
document which supports the RED and TRED, as mentioned in Unit II.A.
Specific tolerance actions in this proposed rule and how they compare
to Codex MRLs (if any) are discussed in Unit II.A.
IV. Statutory and Executive Order Reviews
In this proposed rule, EPA is proposing to establish tolerances
under FFDCA section 408(e), or also modify and revoke specific
tolerances established under FFDCA section 408. The Office of
Management and Budget (OMB) has exempted these types of actions (e.g.,
establishment and modification of a tolerance and tolerance revocation
for which extraordinary circumstances do not exist) from review under
Executive Order 12866, entitled Regulatory Planning and Review (58 FR 51735,
October 4, 1993). Because this proposed rule has been exempted
from review under Executive Order 12866 due to its lack of
significance, this proposed rule is not subject to Executive Order
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use (66 FR 28355, May 22, 2001). This proposed
rule does not contain any information collections subject to OMB
approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., or impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA) (Public Law 104-4). Nor does it require any special
considerations as required by Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994); or OMB review
or any other Agency action under Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This action does not involve any
technical standards that would require Agency consideration of
voluntary consensus standards pursuant to section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law
104-113, section 12(d) (15 U.S.C. 272 note). Pursuant to the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency previously
assessed whether establishment of tolerances, exemptions from
tolerances, raising of tolerance levels, expansion of exemptions, or
revocations might significantly impact a substantial number of small
entities and concluded that, as a general matter, these actions do not
impose a significant economic impact on a substantial number of small
entities. These analyses for tolerance establishments and
modifications, and for tolerance revocations were published on May 4,
1981 (46 FR 24950) and on December 17, 1997 (62 FR 66020),
respectively, and were provided to the Chief Counsel for Advocacy of
the Small Business Administration. Taking into account this analysis,
and available information concerning the pesticides listed in this
proposed rule, the Agency hereby certifies that this proposed action
will not have a significant negative economic impact on a substantial
number of small entities. In a memorandum dated May 25, 2001, EPA
determined that eight conditions must all be satisfied in order for an
import tolerance or tolerance exemption revocation to adversely affect
a significant number of small entity importers, and that there is a
negligible joint probability of all eight conditions holding
simultaneously with respect to
[[Page 31234]]
any particular revocation. (This Agency document is available in the
docket of this proposed rule). Furthermore, for the pesticides named in
this proposed rule, the Agency knows of no extraordinary circumstances
that exist as to the present proposal that would change EPA's previous
analysis. Any comments about the Agency's determination should be
submitted to EPA along with comments on the proposal, and will be
addressed prior to issuing a final rule. In addition, the Agency has
determined that this action will not have a substantial direct effect
on States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order
13132 requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This
proposed rule directly regulates growers, food processors, food
handlers and food retailers, not States. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of section 408(n)(4) of the
FFDCA. For these same reasons, the Agency has determined that this
proposed rule does not have any ``tribal implications'' as described in
Executive Order 13175, entitled Consultation and Coordination with
Indian Tribal Governments (59 FR 22951, November 6, 2000). Executive
Order 13175, requires EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' ``Policies that
have tribal implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal Government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.'' This proposed rule
will not have substantial direct effects on tribal governments, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this proposed rule.
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: May 30, 2007.
Debra Edwards,
Director, Office of Pesticide Programs.
Therefore, it is proposed that 40 CFR chapter I be amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.103 is revised to read as follows:
Sec. 180.103 Captan; tolerances for residues.
(a)(1) General. Tolerances are established for residues of the
fungicide, captan (N-trichloromethylthio-4-cyclohexene-1,2-
dicarboximide) in or on the following commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Almond..................................................... 0.25
Almond, hulls.............................................. 75.0
Animal feed, nongrass, group 18............................ 0.05
Apple...................................................... 25.0
Apricot.................................................... 10.0
Blueberry.................................................. 20.0
Caneberry, subgroup 13A.................................... 25.0
Cherry, sweet.............................................. 50.0
Cherry, tart............................................... 50.0
Cotton, undelinted seed.................................... 0.05
Dill, seed................................................. 0.05
Flax, seed................................................. 0.05
Grape...................................................... 25.0
Grain, cereal, forage, fodder and straw, group 16.......... 0.05
Grain, cereal, group 15.................................... 0.05
Grass, forage.............................................. 0.05
Grass, hay................................................. 0.05
Nectarine.................................................. 25.0
Okra....................................................... 0.05
Peach...................................................... 15.0
Peanut..................................................... 0.05
Peanut, hay................................................ 0.05
Pear....................................................... 25.0
Plum, prune, fresh......................................... 10.0
Rapeseed, forage........................................... 0.05
Rapeseed, seed............................................. 0.05
Safflower, seed............................................ 0.05
Sesame, seed............................................... 0.05
Strawberry................................................. 20.0
Sunflower, seed........................................... 0.05
Vegetable, brassica leafy, group 5......................... 0.05
Vegetable, bulb, group 3................................... 0.05
Vegetable, cucurbit, group 9............................... 0.05
Vegetable, foliage of legume, group 7...................... 0.05
Vegetable, fruiting, group 8............................... 0.05
Vegetable, leafy, except brassica, group 4................. 0.05
Vegetable, leaves of root and tuber, group 2............... 0.05
Vegetable, legume, group 6................................. 0.05
Vegetable, root and tuber, group 1......................... 0.05
------------------------------------------------------------------------
(2) Tolerances are established for the combined residues of the
fungicide, captan (N-trichloromethylthio-4-cyclohexene-1,2-
dicarboximide) and its metabolite 1,2,3,6-tetrahydrophthalimide (THPI),
measured at THPI, in or on the following commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, fat................................................ 0.15
Cattle, meat............................................... 0.20
Cattle, meat byproducts.................................... 0.30
Goat, fat.................................................. 0.15
Goat, meat................................................. 0.20
Goat, meat byproducts...................................... 0.30
Hog, fat................................................... 0.15
Hog, meat.................................................. 0.20
Hog, meat byproducts....................................... 0.30
Horse, fat................................................. 0.15
Horse, meat................................................ 0.20
Horse, meat byproducts..................................... 0.30
Milk....................................................... 0.10
Sheep, fat................................................. 0.15
Sheep, meat................................................ 0.20
Sheep, meat byproducts..................................... 0.30
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
3. Section 180.142 is revised to read as follows:
Sec. 180.142 2, 4-D; tolerances for residues
(a) General. Tolerances are established for residues of the
herbicide, plant regulator, and fungicide 2, 4-D (2,4-
dichlorophenoxyacetic acid), both free and conjugated, determined as
the acid, in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Almond hulls............................................... 0.1
Asparagus.................................................. 5.0
Barley, bran............................................... 4.0
Barley, grain.............................................. 2.0
Barley, straw.............................................. 50
[[Page 31235]]
Berry, group 13............................................ 0.2
Cattle, fat................................................ 0.3
Cattle, kidney............................................. 4.0
Cattle, meat............................................... 0.3
Cattle, meat byproducts, except kidney..................... 0.3
Corn, field, forage........................................ 6.0
Corn, field, grain......................................... 0.05
Corn, field, stover........................................ 50
Corn, pop, grain........................................... 0.05
Corn, pop, stover.......................................... 50
Corn, sweet, forage........................................ 6.0
Corn, sweet, kernel plus cob with husks removed............ 0.05
Corn, sweet, stover........................................ 50
Fish....................................................... 0.1
Fruit, citrus, group 10.................................... 3.0
Fruit, pome, group 11...................................... 0.1
Fruit, stone, group 12..................................... 0.1
Goat, fat.................................................. 0.3
Goat, kidney............................................... 4.0
Goat, meat................................................. 0.3
Goat, meat byproducts, except kidney....................... 0.3
Grain, aspirated fractions................................. 40
Grape...................................................... 0.1
Grass, forage.............................................. 360
Grass, hay................................................. 300
Hop, dried cones........................................... 0.2
Horse, fat................................................. 0.3
Horse, kidney.............................................. 4.0
Horse, meat................................................ 0.3
Horse, meat byproducts, except kidney...................... 0.3
Millet, forage............................................. 25
Millet, grain.............................................. 2.0
Millet, straw.............................................. 50
Milk....................................................... 0.05
Nut, tree, group 14........................................ 0.2
Oat, forage................................................ 25
Oat, grain................................................. 2.0
Oat, straw................................................. 50
Pistachio.................................................. 0.05
Potato..................................................... 0.4
Rice, grain................................................ 0.5
Rice, hulls................................................ 2.0
Rice, straw................................................ 10
Rye, bran.................................................. 4.0
Rye, forage................................................ 25
Rye, grain................................................. 2.0
Rye, straw................................................. 50
Sheep, fat................................................. 0.3
Sheep, kidney.............................................. 4.0
Sheep, meat................................................ 0.3
Sheep, meat byproducts, except kidney...................... 0.3
Shellfish.................................................. 1.0
Sorghum, grain, forage..................................... 0.2
Sorghum, grain, grain...................................... 0.2
Sorghum, grain, stover..................................... 0.2
Soybean, forage............................................ 0.02
Soybean, hay............................................... 2.0
Soybean, seed.............................................. 0.02
Strawberry................................................. 0.1
Sugarcane, cane............................................ 0.05
Sugarcane, molasses........................................ 0.2
Vegetable, leaves of root and tuber, except potato, group 2 0.1
Vegetable, root and tuber, except potato, group 1.......... 0.1
Wheat, bran................................................ 4.0
Wheat, forage.............................................. 25
Wheat, grain............................................... 2.0
Wheat, straw............................................... 50
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. Tolerances with
regional registration, as defined in Sec. 180.1(m) are established for
residues of the herbicide, plant regulator, and fungicide 2, 4-D (2,4-
dichlorophenoxyacetic acid), both free and conjugated, determined as
the acid, in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Rice, wild, grain.......................................... 0.05
------------------------------------------------------------------------
(d) Indirect or inadvertent residues. Tolerances are established
for indirect or inadvertent residues of the herbicide, plant regulator,
and fungicide 2, 4-D (2,4-dichlorophenoxyacetic acid), both free and
conjugated, determined as the acid, in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Animal feed, nongrass, group 18............................ 0.2
Avocado.................................................... 0.05
Dill, seed................................................. 0.05
Cotton, undelinted seed.................................... 0.05
Okra....................................................... 0.05
Vegetable, brassica leafy, group 5......................... 0.4
Vegetable, bulb, group 3................................... 0.05
Vegetable, cucurbit, group 9............................... 0.05
Vegetable, foliage of legume, group 7...................... 0.2
Vegetable, fruiting, group 8............................... 0.05
Vegetable, leafy, except brassica, group 4................. 0.4
Vegetable, legume, group 6................................. 0.05
------------------------------------------------------------------------
4. Section 180.172 is revised to read as follows:
Sec. 180.172 Dodine; tolerances for residues.
(a) General. Tolerances are established for the fungicide dodine
(n-dodecylguanidine acetate) in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Apple...................................................... 5.0
Apple, wet pomace.......................................... 15.0
Cherry, sweet.............................................. 3.0
Cherry, tart............................................... 3.0
Peach...................................................... 5.0
Pear....................................................... 5.0
Pecan...................................................... 0.3
Strawberry................................................. 5.0
Walnut..................................................... 0.3
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
5. Section 180.185 is revised to read as follows:
Sec. 180.185 DCPA; tolerances for residues.
(a) General. Tolerances for the combined residues of the herbicide
dimethyl tetrachloroterephthalate (DCPA) and its metabolites
monomethyltetrachloroterephthalate (MTP) and tetrachloroterephthalic
acid (TCP) (calculated as dimethyl tetrachloroterephthalate) are
established in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cantaloupe................................................. 1.0
Garlic..................................................... 1.0
Ginseng.................................................... 2.0
Horseradish................................................ 2.0
Muskmelon.................................................. 1.0
Onion, bulb................................................ 1.0
Strawberry................................................. 2.0
Tomato..................................................... 1.0
Watermelon................................................. 1.0
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. Tolerances with
regional registration, as defined in Sec. 180.1(m) for the combined
inadvertent residues of the herbicide dimethyl tetrachloroterephthalate
(DCPA) and its metabolites monomethyl tetrachloroterephthalate acid
(MTP) and terachlorophthalic acid (TCP) (calculated as DCPA) in or on
the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Radish, roots.............................................. 2.0
Radish, tops............................................... 15.0
------------------------------------------------------------------------
(d) Indirect or inadvertent residues. Tolerances for the combined
indirect or inadvertent residues of the herbicide dimethyl
tetrachloroterephthalate (DCPA) and its metabolites monomethyl
tetrachloroterephthalate acid (MTP) and terachlorophthalic acid (TCP)
(calculated as DCPA) in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Basil, dried leaves........................................ 20.0
Basil, fresh leaves........................................ 5.0
Bean, dry.................................................. 2.0
Bean, mung, seed........................................... 2.0
Bean, snap, succulent...................................... 2.0
Celeriac................................................... 2.0
[[Page 31236]]
Chicory, roots............................................. 2.0
Chicory, tops.............................................. 5.0
Chive...................................................... 5.0
Coriander, leaves.......................................... 5.0
Corn, field, forage........................................ 0.4
Corn, field, grain......................................... 0.05
Corn, field, stover........................................ 0.4
Corn, pop, forage.......................................... 0.4
Corn, pop, grain........................................... 0.05
Corn, pop, stover.......................................... 0.4
Corn, sweet, forage........................................ 0.4
Corn, sweet, kernel plus cob with husks removed............ 0.05
Corn, sweet, stover........................................ 0.4
Cotton, undelinted seed.................................... 0.2
Cucumber................................................... 1.0
Dill....................................................... 5.0
Eggplant................................................... 1.0
Lettuce.................................................... 2.0
Marjoram................................................... 5.0
Parsley, dried leaves...................................... 20.0
Parsley, leaves............................................ 5.0
Pea, blackeyed, seed....................................... 2.0
Pepper..................................................... 2.0
Pimento.................................................... 2.0
Potato..................................................... 2.0
Radicchio.................................................. 5.0
Radish, oriental, roots.................................... 2.0
Radish, oriental, tops..................................... 2.0
Rutabaga................................................... 2.0
Soybean.................................................... 2.0
Squash, summer............................................. 1.0
Squash, winter............................................. 1.0
Sweet potato............................................... 2.0
Turnip, roots.............................................. 2.0
Turnip, tops............................................... 5.0
Vegetable, brassica, leafy, group 5........................ 5.0
Yam, true, tuber........................................... 2.0
------------------------------------------------------------------------
6. Section 180.293 is amended by revising paragraph (a)(1) to read
as follows:
Sec. 180.293 Endothall; tolerances for residues.
(a) General. (1) Tolerances are established for the combined
residues of endothall, 7-oxabicyclo [2, 2, 1]
heptane-2, 3-dicarboxylic
acid and its monomethyl ester in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cotton, undelinted seed.................................... 0.1
Fish 0.1
Hop, dried cones........................................... 0.1
Potato..................................................... 0.1
Rice, grain................................................ 0.05
Rice, straw 0.05
------------------------------------------------------------------------
* * * * *
7. Section 180.317 is amended by revising the table in paragraph
(a), and paragraphs (b), (c), and (d), to read as follows:
Sec. 180.317 Propyzamide; tolerances for residues.
(a) General. * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Alfalfa, seed.............................................. 10.0
Animal feed, nongrass, group 18............................ 10.0
Apple...................................................... 0.1
Artichoke, globe........................................... 0.01
Blackberry................................................. 0.05
Blueberry.................................................. 0.05
Boysenberry................................................ 0.05
Cattle, fat................................................ 0.2
Cattle, kidney............................................. 0.4
Cattle, liver.............................................. 0.4
Cattle, meat............................................... 0.02
Cattle, meat byproducts, except kidney and liver........... 0.02
Egg........................................................ 0.02
Endive..................................................... 1.0
Fruit, stone, group 12..................................... 0.1
Goat, fat.................................................. 0.2
Goat, kidney............................................... 0.4
Goat, liver................................................ 0.4
Goat, meat................................................. 0.02
Goat, meat byproducts, except kidney and liver............. 0.02
Grape...................................................... 0.1
Hog, fat................................................... 0.2
Hog, kidney................................................ 0.4
Hog, liver................................................. 0.4
Hog, meat.................................................. 0.02
Hog, meat byproducts, except kidney and liver.............. 0.02
Horse, fat................................................. 0.2
Horse, kidney.............................................. 0.4
Horse, liver............................................... 0.4
Horse, meat................................................ 0.02
Horse, meat byproducts, except kidney and liver............ 0.02
Lettuce, head.............................................. 1.0
Milk....................................................... 0.02
Pear....................................................... 0.1
Poultry, fat............................................... 0.02
Poultry, liver............................................. 0.2
Poultry, meat.............................................. 0.02
Poultry, meat byproducts, except liver..................... 0.02
Radicchio.................................................. 2.0
Raspberry.................................................. 0.05
Sheep, fat................................................. 0.2
Sheep, kidney.............................................. 0.4
Sheep, liver............................................... 0.4
Sheep, meat................................................ 0.02
Sheep, meat byproducts, except kidney and liver............ 0.02
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. Time-limited tolerances are
established for the combined residues of the herbicide propyzamide and
its metabolites (containing the 3,5-dichlorobenzoyl moiety calculated
as 3,5-dichloro-N(1,1-dimethyl-2-propynyl)benzamide) in or on the
following food commodities:
------------------------------------------------------------------------
Expiration/
Commodity Parts per Revocation
million Date
------------------------------------------------------------------------
Cranberry..................................... 0.05 12/31/09
------------------------------------------------------------------------
(c) Tolerances with regional registrations. Tolerances with
regional registration, as defined in Sec. 180.1(m) are established for
the combined residues of the herbicide propyzamide and its metabolites
(containing the 3,5-dichlorobenzoyl moiety calculated as 3,5-dichloro-
N(1,1-dimethyl-2-propynyl)benzamide) in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Pea, field, seed........................................... 0.05
Rhubarb.................................................... 0.1
------------------------------------------------------------------------
(d) Indirect or inadvertent residues. Tolerances are established
for the combined indirect or inadvertent residues of the herbicide
propyzamide and its metabolites (containing the 3,5-dichlorobenzoyl
moiety calculated as 3,5-dichloro-N(1,1-dimethyl-2-propynyl)benzamide)
in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Grain, cereal, forage, group 16............................ 0.6
Grain, cereal, hay, group 16............................... 0.2
Grain, cereal, straw, group 16............................. 0.3
------------------------------------------------------------------------
8. Section 180.345 is amended by revising paragraph (a) to read as follows:
Sec. 180.345 Ethofumesate; tolerances for residues.
(a) General. Tolerances for the combined residues of the herbicide
ethofumesate (2-ethoxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl
methanesulfonate) and its metabolites 2-hydroxy-2,3-dihydro-3,3-
dimethyl-5-benzofuranyl methanesulfonate and 2,3-dihydro-3,3-dimethyl-
2-oxo-5-benzofuranyl methanesulfonate both calculated as parent
compound in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Beet, garden, roots........................................ 0.5
Beet, garden, tops......................................... 5.0
Beet, sugar, molasses...................................... 0.5
Beet, sugar, refined sugar................................. 0.2
Beet, sugar, roots......................................... 0.3
Beet, sugar, tops.......................................... 4.0
Cattle, fat................................................ 0.05
Cattle, meat............................................... 0.05
Cattle, meat byproducts.................................... 0.05
Garlic..................................................... 0.25
Goat, fat.................................................. 0.05
Goat, meat................................................. 0.05
Goat, meat byproducts...................................... 0.05
Grass, straw............................................... 1.0
Horse, fat................................................. 0.05
Horse, meat................................................ 0.05
Horse, meat byproducts..................................... 0.05
Onion, bulb................................................ 0.25
Shallot, bulb.............................................. 0.25
Shallot, fresh leaves...................................... 0.25
Sheep, fat................................................. 0.05
Sheep, meat byproducts..................................... 0.05
[[Page 31237]]
Sheep, meat 0.05
------------------------------------------------------------------------
* * * * *
9. Section 180.378 is revised to read as follows:
Sec. 180.378 Permethrin; Tolerances for residues.
(a) General. Tolerances are established for the combined residues
of the insecticide cis- and trans-permethrin isomers [cis-(3-
phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-dimethylcyclopropane
carboxylate] and [trans-(3-phenoxyphenyl)methyl 3-(2,2-
dichloroethenyl)-2,2-dimethylcyclopropane carboxylate] in/on the
following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Alfalfa, forage............................................ 20
Alfalfa, hay............................................... 45
Almond..................................................... 0.05
Almond, hulls.............................................. 20
Artichoke, globe........................................... 5.0
Asparagus.................................................. 2.0
Avocado.................................................... 1.0
Broccoli................................................... 2.0
Brussels sprouts........................................... 1.0
Cabbage.................................................... 6.0
Cattle, fat................................................ 1.5
Cattle, meat............................................... 0.10
Cattle, meat byproducts.................................... 0.10
Cauliflower................................................ 0.5
Cherry, sweet.............................................. 4.0
Cherry, tart............................................... 4.0
Corn, field, forage........................................ 50
Corn, field, grain......................................... 0.05
Corn, field, stover........................................ 30
Corn, pop, grain........................................... 0.05
Corn, pop, stover.......................................... 30
Corn, sweet, forage........................................ 50
Corn, sweet, kernel plus cob with husks removed............ 0.10
Corn, sweet, stover........................................ 30
Egg........................................................ 0.10
Eggplant................................................... 0.50
Fruit, pome, group 11...................................... 0.05
Garlic, bulb............................................... 0.10
Grain, aspirated fractions................................. 0.50
Goat, fat.................................................. 1.5
Goat, meat................................................. 0.10
Goat, meat byproducts...................................... 0.10
Hazelnut................................................... 0.05
Hog, fat................................................... 0.05
Hog, meat.................................................. 0.05
Hog, meat byproducts....................................... 0.05
Horse, fat................................................. 1.5
Horse, meat................................................ 0.10
Horse, meat byproducts..................................... 0.10
Horseradish................................................ 0.50
Kiwifruit.................................................. 2.0
Leaf petioles subgroup 4B.................................. 5.0
Lettuce, head.............................................. 20
Milk, fat (reflecting 0.88 ppm in whole milk).............. 3.0
Mushroom................................................... 5.0
Onion, bulb................................................ 0.10
Peach...................................................... 1.0
Pepper, bell............................................... 0.50
Pistachio.................................................. 0.10
Potato..................................................... 0.05
Poultry, fat............................................... 0.15
Poultry, meat.............................................. 0.05
Poultry, meat byproducts................................... 0.05
Sheep, fat................................................. 1.5
Sheep, meat................................................ 0.10
Sheep, meat byproducts..................................... 0.10
Soybean, seed.............................................. 0.05
Spinach.................................................... 20
Tomato..................................................... 2.0
Vegetable, cucurbit, group 9............................... 1.5
Vegetable, leafy, except brassica, group 4................. 20
Walnut..................................................... 0.05
Watercress................................................. 5.0
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. Tolerances with
regional registration, as defined in Sec. 180.1(m) are established for
the combined residues of the insecticide cis- and trans-permethrin
isomers [cis-(3-phenoxyphenyl)methyl 3-(2,2-dichloroethenyl)-2,2-
dimethylcyclopropane carboxylate] and [trans-(3-phenoxyphenyl)methyl 3-
(2,2-dichloroethenyl)-2,2-dimethylcyclopropane carboxylate] in/on the
following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Collards................................................... 15
Grass, forage.............................................. 15
Grass, hay................................................. 15
Papaya..................................................... 1.0
Turnip, tops............................................... 10
Turnip, roots.............................................. 0.20
------------------------------------------------------------------------
(d) Indirect or inadvertent residues. [Reserved]
10. Section 180.406 is amended by revising the table in paragraph
(a) to read as follows:
Sec. 180.406 Dimethipin; tolerances for residues
(a) General. * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cotton, undelinted seed.................................... 0.50
Cattle, meat............................................... 0.01
Cattle, meat byproducts.................................... 0.01
Goat, meat................................................. 0.01
Goat, meat byproducts...................................... 0.01
Hog, meat.................................................. 0.01
Hog, meat byproducts....................................... 0.01
Horse, meat................................................ 0.01
Horse, meat byproducts..................................... 0.01
Sheep, meat................................................ 0.01
Sheep, meat byproducts..................................... 0.01
------------------------------------------------------------------------
* * * * *
11. Section 180.421 is amended by revising the entry for ``Apple''
in the table in paragraph (a) to read as follows:
Sec. 180.421 Fenarimol; tolerances for residues
(a) General. * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Apple...................................................... 0.3
* * * * *
------------------------------------------------------------------------
* * * * *
12. Section 180.433 is amended by revising the entries for ``Bean,
dry'' and ``Bean, snap, succulent'' in the table in paragraph (a) to
read as follows:
Sec. 180.433 Fomesafen; tolerances for residues
(a) General. * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Bean, dry.................................................. 0.05
Bean, snap, succulent...................................... 0.05
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. E7-10863 Filed 6-5-07; 8:45 am]
BILLING CODE 6560-50-S
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