99-2553. Notice of Filing; Pesticide Petitions  

  • [Federal Register Volume 64, Number 22 (Wednesday, February 3, 1999)]
    [Notices]
    [Pages 5273-5277]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-2553]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    [PF-851; FRL-6052-1]
    
    
    Notice of Filing; Pesticide Petitions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice.
    
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    SUMMARY: This notice announces the initial filing of pesticide 
    petitions proposing the establishment of regulations for residues of 
    certain
    
    [[Page 5274]]
    
    pesticide chemicals in or on various food commodities.
    
    DATES: Comments, identified by the docket control number PF-851, must 
    be received on or before March 5, 1999.
    
    ADDRESSES: By mail submit written comments to: Information and Records 
    Integrity Branch, Public Information and Services Divison (7502C), 
    Office of Pesticides Programs, Environmental Protection Agency, 401 M 
    St., SW., Washington, DC 20460. In person bring comments to: Rm. 119, 
    CM #2, 1921 Jefferson Davis Highway, Arlington, VA.
        Comments and data may also be submitted electronically by following 
    the instructions under ``SUPPLEMENTARY INFORMATION.'' No confidential 
    business information should be submitted through e-mail.
        Information submitted as a comment concerning this document may be 
    claimed confidential by marking any part or all of that information as 
    ``Confidential Business Information'' (CBI). CBI should not be 
    submitted through e-mail. Information marked as CBI will not be 
    disclosed except in accordance with procedures set forth in 40 CFR part 
    2. A copy of the comment that does not contain CBI must be submitted 
    for inclusion in the public record. Information not marked confidential 
    may be disclosed publicly by EPA without prior notice. All written 
    comments will be available for public inspection in Rm. 119 at the 
    address given above, from 8:30 a.m. to 4 p.m., Monday through Friday, 
    excluding legal holidays.
    
    FOR FURTHER INFORMATION CONTACT: Marshall Swindell, Antimicrobial 
    Division (7510C), Office of Pesticide Programs, Environmental 
    Protection Agency, 401 M St., SW, Washington, DC 20460. Office 
    location, telephone number, and e-mail address:, Crystal Mall #2, 1921 
    Jefferson Davis Highway, Arlington, VA 22202, (703) 308-6411; e-
    mail:swindell.marshall @epamail.epa.gov.
    SUPPLEMENTARY INFORMATION: EPA has received pesticide petitions as 
    follows proposing the establishment and/or amendment of regulations for 
    residues of certain pesticide chemicals in or on various food 
    commodities under section 408 of the Federal Food, Drug, and Comestic 
    Act (FFDCA), 21 U.S.C. 346a. EPA has determined that this petition 
    contains data or information regarding the elements set forth in 
    section 408(d)(2); however, EPA has not fully evaluated the sufficiency 
    of the submitted data at this time or whether the data supports 
    granting of the petition. Additional data may be needed before EPA 
    rules on the petition.
        The official record for this notice of filing, as well as the 
    public version, has been established for this notice of filing under 
    docket control number [PF-851] (including comments and data submitted 
    electronically as described below). A public version of this record, 
    including printed, paper versions of electronic comments, which does 
    not include any information claimed as CBI, is available for inspection 
    from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
    holidays. The official record is located at the address in 
    ``ADDRESSES'' at the beginning of this document.
        Electronic comments can be sent directly to EPA at:
        opp-docket@epamail.epa.gov
    
    
        Electronic comments must be submitted as an ASCII file avoiding the 
    use of special characters and any form of encryption. Comment and data 
    will also be accepted on disks in Wordperfect 5.1/6.1 file format or 
    ASCII file format. All comments and data in electronic form must be 
    identified by the docket control number (PF-851) and appropriate 
    petition number. Electronic comments on this notice may be filed online 
    at many Federal Depository Libraries.
    
    List of Subjects
    
        Environmental protection, Agricultural commodities, Food additives, 
    Feed additives, Pesticides and pests, Reporting and recordkeeping 
    requirements.
    
        Dated: January 13, 1999.
    
    Frank Sanders,
    
    Director, Antimicrobial Division, Office of Pesticide Programs.
    
    Summary of Petition
    
        The petitioner's summary of the pesticide petition is printed below 
    as required by section 408(d)(3) of the FFDCA. The summary of the 
    petition was prepared by the petitioner and represents the views of the 
    petitioner. EPA is publishing the petition summaries verbatim without 
    editing them in any way. The petition summary announces the 
    availability of a description of the analytical methods available to 
    EPA for the detection and measurement of the pesticide chemical 
    residues or an explanation of why no such method is needed.
    
    1. Ecolab Inc.
    
     9F5038
    
        EPA has received a pesticide petition (9F5038) from Ecolab Inc., 
    370 Wabasha Street N., St. Paul, MN 55102, proposing pursuant to 
    section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
    U.S.C. 346a(d), to amend 40 CFR part 180 to establish an exemption from 
    the requirement of a tolerance for the residues of hydrogen peroxide in 
    or on all foods when the residues are the result of the lawful 
    application of a food contact surface sanitizer containing hydrogen 
    peroxide up to 1,100 ppm as a sanitizing solution in food handling 
    establishments.
        Pursuant to section 408(d)(2)(A)(i) of the FFDCA, as amended, 
    Ecolab Inc. has submitted the following summary of information, data, 
    and arguments in support of their pesticide petition. This summary was 
    prepared by Ecolab Inc. and EPA has not fully evaluated the merits of 
    the pesticide petition. The summary may have been edited by EPA if the 
    terminology used was unclear, the summary contained extraneous 
    material, or the summary unintentionally made the reader conclude that 
    the findings reflected EPA's position and not the position of the 
    petitioner.
    
    A. Product Name and Proposed Use Practices
    
        The request is to exempt from the requirement of a tolerance, 
    residues of hydrogen peroxide in or on all food when such residues 
    result from the lawful use of hydrogen peroxide as a component in a 
    food contact surface sanitizer.
        The residues which do remain are not of toxicological significance.
    
    B. Product Identity/Chemistry
    
        1. Identity of the pesticide and corresponding residues. Residues 
    of hydrogen peroxide are not expected because hydrogen peroxide reacts 
    immediately on contact with materials such as food, reducing agents and 
    catalysts and is degraded to moieties which present no toxicological 
    concern (Reregistration Eligibility Decision, Peroxy Compounds, U.S. 
    EPA. EPA 738-R-93-030, the ``1993 RED''). The ultimate degradation 
    products of hydrogen peroxide are water and oxygen (1993 RED). The 
    degradation products of hydrogen peroxide are not of toxicological 
    concern.
        2. Magnitude of residue and method used to determine the hydrogen 
    peroxide residue. Not applicable.
        3. A statement of why an analytical method for detecting and 
    measuring the hydrogen peroxide levels of the pesticide residue are not 
    needed. Because this petition is a request for an exemption and 
    residues are not expected on food from use of hydrogen peroxide as a 
    component of a food
    
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    contact surface sanitizer on food contact surfaces.
    
    C. Mammalian Toxicological Profile
    
         Based on the current body of toxicological literature available, 
    adverse effects are not expected when used in the proposed manner.
    
    D. Aggregate Exposure
    
        1. Dietary exposure--i. Food. There are no established U.S. food 
    tolerances for hydrogen peroxide. The U.S. EPA established an exemption 
    from the requirement of a tolerance for residues of the antimicrobial 
    pesticide hydrogen peroxide, in or on raw agricultural commodities, in 
    processed commodities, when such residues result from the lawful use of 
    hydrogen peroxide as an antimicrobial agent on fruits, vegetables, tree 
    nuts, cereal grains, herbs, and spices up to 120 ppm. According to the 
    1993 RED, hydrogen peroxide is used in dairy/cheese processing plants, 
    on food-processing equipment and in pasteurizers in breweries, wineries 
    and beverage plants. While some contact may occur between treated 
    equipment and food, no residues are expected since only trace amounts 
    would come in contact with food having contacted treated equipment and 
    the compound degrades rapidly in air and in contact with organic 
    materials to oxygen and water. In addition, hydrogen peroxide may be 
    safely used on food-processing equipment, utensils, and other food-
    contact articles according to the Food and Drug Administration (FDA) 
    (21 CFR 178.1010, Sanitizing Solutions).
        Dietary exposure from these uses is possible; however, hydrogen 
    peroxide reacts instantly upon contact with materials such as food and 
    degrades to moieties which present no toxicological concern. The 
    addition to dietary aggregate exposure of hydrogen peroxide as 
    described in this petition is expected to be zero.
        ii.  Drinking water. There is no concern about the potential for 
    transfer of hydrogen peroxide residues (both the parent compound and 
    any degradates) to human drinking water because the use sites for 
    hydrogen peroxide listed in the 1993 RED include indoor food, indoor 
    non-food, indoor medical, and indoor residential. Hydrogen peroxide is 
    approved for use as an antimicrobial agent on fruits, vegetables, tree 
    nuts, cereal grain, herbs, and spices. It is unlikely that residues 
    from these uses or the proposed use will transfer hydrogen peroxide 
    residues (both the parent and any degradates) to any sources of human 
    drinking water. In addition, the degradation products of hydrogen 
    peroxide in aqueous solutions are water and oxygen. These degradation 
    products are not of toxicological concern.
        Because of the physical chemistry of this pesticide, it is unlikely 
    that any States are conducting water monitoring programs for hydrogen 
    peroxide.
        iii. Non-dietary exposure. The estimated non-occupational exposure 
    to hydrogen peroxide has been evaluated based on its proposed use 
    pattern.
        According to the 1993 RED, the compound, in the form of a soluble 
    concentrate/liquid, is used in industrial and commercial settings.
        Hydrogen peroxide use in homes is medicinal and exposures are 
    expected to be infrequent and at extremely short duration as a topical 
    antimicrobial agent or a mouthwash.
        Hydrogen peroxide is highly reactive and short-lived because of the 
    inherent instability of the peroxide bond (O-O bond) and, because the 
    peroxide bond is weak, transformation to water and oxygen is very 
    highly favored thermodynamically (1993 RED). The degradation products 
    of hydrogen peroxide in aqueous solutions are water and oxygen. The 
    degradation products of hydrogen peroxide are not of toxicological 
    concern.
        The potential for significant non-occupational exposure under the 
    use proposed in this petition to the general population (including 
    infants and children) is unlikely. Hydrogen peroxide is proposed in 
    this petition to be used only at commercial establishments (including 
    farms) and is not to be used in or around the home.
    
    E. Cumulative Exposure
    
        When used as proposed, hydrogen peroxide decomposes quickly; there 
    is no reasonable expectation that residues of these compounds will 
    remain in human food items in accordance with 40 CFR 180.3. The mode of 
    action of this pesticide is oxidation. Other chemicals that may share a 
    similar mode of action are peroxyacetic acid and potassium 
    peroxymonosulfate sulfate as listed in the 1993 RED. Combining 
    exposures to these compounds could be appropriate; however, each 
    degrades rapidly (due to the peroxy bond, the O-O bond) into compounds 
    that are not toxicologically significant (including water, oxygen, and 
    carbon dioxide).
    
    F. Safety Determination
    
        1.  U.S. population. Hydrogen peroxide naturally degrades to water 
    and oxygen which would not pose a health risk to the U.S. general 
    population. These degradation products are not of toxicological 
    concern.
        2. Infants and children. Hydrogen peroxide naturally degrades to 
    water and oxygen which would not pose a health risk to the U.S. 
    population subgroup of infants and children. These degradation products 
    are not of toxicological concern. Residues are not expected on food 
    from use of hydrogen peroxide as a component of a food contact surface 
    sanitizer on food contact surfaces. The residues do not bioaccumulate 
    in livestock and/or poultry that consume treated feedstuffs because 
    hydrogen peroxide is highly reactive and short-lived due to the 
    inherent instability of the peroxide bond (O-O bond). Because the 
    peroxide bond is weak, transformation to water and oxygen is very 
    highly favored thermodynamically (1993 RED). The degradation products 
    of hydrogen peroxide are water and oxygen. Therefore, exposure of the 
    pesticide chemical (from the use proposed in this petition) to the U.S. 
    general population should not occur.
    
    G. Effects on the Immune and Endocrine Systems
    
        Hydrogen peroxide is not structurally similar to any known chemical 
    capable of producing adverse effect on the endocrine system.
    
    H. International Tolerances
    
        The petitioner understands that there are no current established 
    Maximum Residue Levels (MRLs) for hydrogen peroxide.
    
    2. Ecolab Inc.
    
     PP 9F5039
    
        EPA has received a pesticide petition (9F5039) from Ecolab Inc., 
    370 Wabasha Street, N., St. Paul, MN 55102, proposing pursuant to 
    section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 
    U.S.C. 346a(d), to amend 40 CFR part 180 to establish an exemption from 
    the requirement of a tolerance for the residues of peroxyacetic acid in 
    or on all foods when the residues are the results of the lawful 
    application of a foods contact surface sanitizer containing 
    peroxyacetic acid up to 500 ppm as a sanitizing solution in food 
    handling establishments.
        Pursuant to section 408(d)(2)(A)(i) of the FFDCA, as amended, 
    Ecolab Inc. has submitted the following summary of information, data, 
    and arguments in support of their pesticide petition. This summary was 
    prepared by Ecolab Inc. and EPA has not fully evaluated the merits of 
    the pesticide petition. The summary may have been edited by EPA if the 
    terminology used was unclear, the
    
    [[Page 5276]]
    
    summary contained extraneous material, or the summary unintentionally 
    made the reader conclude that the findings reflected EPA's position and 
    not the position of the petitioner.
    
    A. Product Name and Proposed Use Practices
    
         The request is to exempt from the requirement of a tolerance, 
    residues of peroxyacetic acid in or on all food when such residues 
    result from the lawful use of peroxyacetic acid as a component in a 
    food contact surface sanitizer.
        The residues which do remain are not of toxicological significance.
    
    B. Product Identity/Chemistry
    
        1. Identity of the pesticide and corresponding residues. Residues 
    of peroxyacetic acid are not expected on food because peroxyacetic acid 
    reacts immediately on contact with materials such as food, reducing 
    agents and catalysts and is degraded to moieties which present no 
    toxicological concern (Reregistration Eligibility Decision, Peroxy 
    Compounds, U.S. EPA. EPA 738-R-93-030). The ultimate degradation 
    products of peroxyacetic acid are acetic acid (which is generally 
    regarded as safe in food up 0.15 %, 21 CFR 184.1,005), water and 
    oxygen. The degradation products of peroxyacetic acid are not of 
    toxicological concern.
        2. Magnitude of residue and method used to determine the 
    peroxyacetic acid residue. Not Applicable.
        3. A statement of why an analytical method for detecting and 
    measuring the peroxyacetic acid levels of the pesticide residue are not 
    needed. Because this petition is a request for an exemption and 
    residues are not expected on food from use of peroxyacetic acid as a 
    component of a food contact surface sanitizer on food contact surfaces.
    
    C. Mammalian Toxicological Profile
    
         Based on the current body of toxicological literature available, 
    adverse effects are not expected when used in the proposed manner.
    
    D. Aggregate Exposure
    
        Dietary exposure--i. Food. There are no established U.S. food 
    tolerances for peroxyacetic acid. The U.S. EPA established an exemption 
    from the requirement of a tolerance for residues of the antimicrobial 
    pesticide peroxyacetic acid, in or on raw agricultural commodities, in 
    processed commodities, when such residues result from the lawful use of 
    peroxyacetic acid as an antimicrobial agent on fruits, vegetables, tree 
    nuts, cereal grains, herbs, and spices up to 100 ppm. According to the 
    1993 RED, peroxyacetic acid is used in dairy/cheese processing plants, 
    on food-processing equipment and in pasteurizers in breweries, wineries 
    and beverage plants. While some contact may occur between treated 
    equipment and food, no residues are expected since only trace amounts 
    would come in contact with food having contacted treated equipment and 
    the compound degrades rapidly in air and in contact with organic 
    materials to acetic acid (which is generally regarded as safe in food 
    up 0.15 %, see 21 CFR 184.1005), oxygen and water. In addition, 
    peroxyacetic acid may be safely used on food-processing equipment, 
    utensils, and other food-contact articles according to the Food and 
    Drug Administration (FDA) (21 CFR 178.1010, Sanitizing Solutions).
        Dietary exposure from these uses is possible; however, peroxyacetic 
    acid reacts immediately upon contact with materials such as food and 
    degrades to moieties which present no toxicological concern. The 
    addition to dietary aggregate exposure of peroxyacetic acid as 
    described in this petition is expected to be zero.
        ii. Drinking water. There is no concern about the potential for 
    transfer of peroxyacetic acid residues (both the parent compound any 
    degradates) to human drinking water because the use sites for 
    peroxyacetic acid listed in the 1993 RED include indoor food, indoor 
    non-food, indoor medical,and indoor residential. Peroxyacetic acid is 
    approved for use as an antimicrobial agent on fruits, vegetables, tree 
    nuts, cereal grain, herbs, and spices. It is essentially impossible 
    that residues from these uses or the proposed use will transfer 
    peroxyacetic acid residues (both the parent and any degradates) to any 
    sources of human drinking water. In addition, the degradation products 
    of peroxyacetic acid in aqueous solutions are acetic acid (which is 
    generally regarded as safe in food up 0.15%, see 21 CFR 184.1005), 
    water and oxygen. These degradation products are not of toxicological 
    concern.
        Because of the physical chemistry of this pesticide, it is unlikely 
    that any States are conducting water monitoring programs for 
    peroxyacetic acid.
        iii. Non-dietary exposure. The estimated non-occupational exposure 
    to peroxyacetic acid has been evaluated based on its proposed use 
    pattern.
        According to the 1993 RED, the compound, in the form of a soluble 
    concentrate/liquid, is used in industrial and commercial settings.
        Peroxyacetic acid is highly reactive and short-lived because of the 
    inherent instability of the peroxide bond (O-O bond) and, because the 
    peroxide bond is weak, transformation to acetic acid, water and oxygen 
    is very highly favored thermodynamically (1993 RED). The degradation 
    products of peroxyacetic acid in aqueous solutions are acetic acid 
    (which is generally regarded as safe in food up 0.15%, see 21 CFR 
    184.1005), water and oxygen. The degradation products of peroxyacetic 
    acid are not of toxicological concern.
        The potential for any non-occupational exposure under the use 
    proposed in this petition to the general population (including 
    children) is unlikely. Peroxyacetic acid is proposed in this petition 
    to be used only at commercial establishments (including farms) and is 
    not proposed for use in or around the home.
    
    E. Cumulative Exposure
    
         When used as proposed, peroxyacetic acid decomposes quickly; there 
    is no reasonable expectation that residues of these compounds will 
    remain in human food items in accordance with 40 CFR 180.3. The mode of 
    action of this pesticide is oxidation. Other chemicals that may share a 
    similar mode of action are peroxyacetic acid and potassium 
    peroxymonosulfate sulfate as listed in the 1993 RED. Combining 
    exposures to these compounds could be appropriate; however, each 
    degrades rapidly (due to the peroxy bond, the O-O bond) into compounds 
    that are not toxicologically significant (including water, oxygen, and 
    carbon dioxide).
    
    F. Safety Determination
    
        1. U.S. population. Peroxyacetic acid naturally degrades to acetic 
    acid (which is generally regarded as safe in food up 0.15%, see 21 CFR 
    184.1005), water and oxygen which would not pose a health risk to the 
    U.S. general population. These degradation products are not of 
    toxicological concern.
        2. Infants and children. Peroxyacetic acid naturally degrades to 
    acetic acid (which is generally regarded as safe in food up 0.15%, see 
    21 CFR 184.1005), water and oxygen which would not pose a health risk 
    to the U.S. population subgroup of infants and children. These 
    degradation products are not of toxicological concern. Residues of 
    peroxyacetic acid are not expected on food from use of peroxyacetic 
    acid as a component of a food contact surface sanitizer on food contact 
    surfaces. The residues do not bioaccumulate in livestock and/or poultry 
    that consume treated feedstuffs because peroxyacetic acid is highly 
    reactive and short-lived due to the inherent instability of the 
    peroxide bond (O-O bond). Because the
    
    [[Page 5277]]
    
    peroxide bond is weak, transformation to acetic acid, water and oxygen 
    is very highly favored thermodynamically (1993 RED). The degradation 
    products of peroxyacetic acid are acetic acid (which is generally 
    regarded as safe in food up 0.15%, see 21 CFR 184.1005), water and 
    oxygen. Therefore, exposure of the pesticide chemical (from the use 
    proposed in this petition) to the U.S. general population should not 
    occur.
    
    G. Effects on the Immune and Endocrine Systems
    
        Peroxyacetic acid is not structurally similar to any known chemical 
    capable of producing adverse effect on the endocrine system.
    
    H. International Tolerances
    
        The petitioner understands that there are no current established 
    Maximum Residue Levels (MRL) for peroxyacetic acid.
    [FR Doc. 99-2553 Filed 2-2-98; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
02/03/1999
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
99-2553
Dates:
Comments, identified by the docket control number PF-851, must be received on or before March 5, 1999.
Pages:
5273-5277 (5 pages)
Docket Numbers:
PF-851, FRL-6052-1
PDF File:
99-2553.pdf