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Start Preamble
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Final rule.
SUMMARY:
This regulation establishes exemptions from the requirement of a tolerance for residues of various fragrance components listed in Unit II of this document when used as inert ingredients in antimicrobial pesticide formulations applied to food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils when the end-use concentration does not exceed 100 parts per million (ppm). Innovative Reform Group, on behalf of The Clorox Company, submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of exemptions from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of these various fragrance components, when used in accordance with the terms of the exemptions.
DATES:
This regulation is effective March 13, 2023. Objections and requests for hearings must be received on or before May 12, 2023 and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION ).
ADDRESSES:
The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2020-0297, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room and the OPP docket is (202) 566-1744. For the latest status information on EPA/DC services, docket access, visit https://www.epa.gov/dockets.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
Daniel Rosenblatt, Registration Division (7505T), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone number: (202) 566-2875; email address: RDFRNotices@epa.gov.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY 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. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:
- Crop production (NAICS code 111).
- Animal production (NAICS code 112).
- Food manufacturing (NAICS code 311).
- Pesticide manufacturing (NAICS code 32532).
B. How can I get electronic access to other related information?
You may access a frequently updated electronic version of 40 CFR part 180 through the Office of the Federal Register's e-CFR site at https://www.ecfr.gov/current/title-40.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2020-0297 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before May 12, 2023. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b).
In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA-HQ-OPP-2020-0297, by one of the following methods:
• Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.
• Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.
• Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https://www.epa.gov/dockets/where-send-comments-epa-dockets.
Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets.
II. Petition for Exemption
In the Federal Register of June 24, 2020 (85 FR 37806) (FRL-10010-82), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 346a, announcing the filing of a pesticide petition (PP IN-11372) by Innovative Reform Group on behalf of The Clorox Company, 4900 Johnson Dr., Pleasanton, CA 94588. The petition requested that Start Printed Page 15280 40 CFR 180.940(a) be amended by establishing exemptions from the requirement of a tolerance for residues of (E)-2-Hexen-1-yl acetate (CAS Reg. No. 2497-18-9); 1,3-Nonanediol acetate (mixed esters) (CAS Reg. No. 1322-17-4); 10-Undecenal (CAS Reg. No. 112-45-8); 10-Undecenoic acid (CAS Reg. No. 112-38-9); 10-Undecenoic acid, ethyl ester (CAS Reg. No. 692-86-4); 1H-3a,7-Methanoazulen-6-ol, octahydro-3,6,8,8-tetramethyl-,[3R-(3.α,3a.β,6.α,7.β,8aα)] (CAS Reg. No. 77-53-2); 1-Hexanol, 3,5,5-trimethyl- (CAS Reg. No. 3452-97-9); 1-pentanol (CAS Reg. No. 71-41-0); 2,4-Hexadienyl isobutyrate (CAS Reg. No. 16491-24-0); 2,5,7-Octatrien-1-ol, 2,6-dimethyl0, 1-acetate (CAS Reg. No. 197098-61-6); 2,6,6-Trimethyl-1&2-cyclohexen-1-carboxaldehyde (CAS Reg. No. 432-25-7); 2,6,6-Trimethyl-1-cyclohexen-1-acetaldehyde (CAS Reg. No. 472-66-2); 2,6-Nonadien-1-ol (CAS Reg. No. 7786-44-9); 2,6-Nonadienal diethyl acetal (CAS Reg. No. 67674-36-6); 2-Cyclohexylethyl acetate (CAS Reg. No. 21722-83-8); 2-Dodecenal (CAS Reg. No. 4826-62-4); 2-Formyl-6,6-dimethylbicyclo(3.1.1)hept-2-ene (CAS Reg. No. 564-94-3); 2-Hexen-1-ol (CAS Reg. No. 2305-21-7); 2-Methyl butyl acetate (CAS Reg. No. 624-41-9); 2-Methylbutyric acid (CAS Reg. No. 116-53-0); 2-Methyloctanal (CAS Reg. No. 7786-29-0); 2-Methylpent-2-en-1-oic acid (CAS Reg. No. 3142-72-1); 2-Methyl-trans-2-butenoic acid (CAS Reg. No. 80-59-1); 2-Nonenal (CAS Reg. No. 2463-53-8); 3,7-Dimethyl-1-octanol (CAS Reg. No. 106-21-8); 3,7-Dimethyl-6-octen-1-ol (CAS Reg. No. 106-22-9); 3,7-Dimethyl-6-octenoic acid (CAS Reg. No. 502-47-6); 3-Hexen-1-ol, (3Z)- (CAS Reg. No. 928-96-1); 3-Hexen-1-ol, acetate, (3Z)- (CAS Reg. No. 3681-71-8); 3-hexenyl 2-methylbutanoate (CAS Reg. No. 10094-41-4); 3-Hexenyl formate (CAS Reg. No. 2315-09-5); 3-Methyl-2-buten-1-ol (CAS Reg. No. 556-82-1); 3-Methylbutyraldehyde (CAS Reg. No. 590-86-3); 3-Methylcrotonic acid (CAS Reg. No. 541-47-9); 4-Carvomenthenol (CAS Reg. No. 562-74-3); 4-Decenal (CAS Reg. No. 30390-50-2); 5-Octen-1-ol, (5Z)- (CAS Reg. No. 64275-73-6); 9-Decenal (CAS Reg. No. 39770-05-3); 9-Undecenal (CAS Reg. No. 143-14-6); Acetal (CAS Reg. No. 105-57-7); Acetic acid, octyl ester (CAS Reg. No. 112-14-1); Amyl butyrate (CAS Reg. No. 540-18-1); Amyl formate (CAS Reg. No. 638-49-3); Amyl hexanoate (CAS Reg. No. 540-07-8); Bois de rose oil (CAS Reg. No. 8015-77-8); Butanoic acid, 3-methyl-, 2-methylpropyl ester (CAS Reg. No. 589-59-3); Butyl 10-undecenoate (CAS Reg. No. 109-42-2); Butyl acetate (CAS Reg. No. 123-86-4); Butyl butyrate (CAS Reg. No. 109-21-7); Butyl butyryllactate (CAS Reg. No. 7492-70-8); Butyl isovalerate (CAS Reg. No. 109-19-3); Chamomile flower, Roman, oil (Anthemis nobilis L.) (CAS Reg. No. 8015-92-7); cis-3-Hexenyl isobutyrate (CAS Reg. No. 41519-23-7); cis-3-Hexenyl propionate (CAS Reg. No. 33467-74-2); cis-3-Hexenyl tiglate (CAS Reg. No. 67883-79-8); cis-α-Santalol (CAS Reg. No. 115-71-9); cis-β-Santalol (CAS Reg. No. 77-42-9); Citral (CAS Reg. No. 5392-40-5); Citral dimethyl acetal (CAS Reg. No. 7549-37-3); Citronellal (CAS Reg. No. 106-23-0); Citronelloxyacetaldehyde (CAS Reg. No. 7492-67-3); Citronellyl butyrate (CAS Reg. No. 141-16-2); Citronellyl formate (CAS Reg. No. 105-85-1); Citronellyl isobutyrate (CAS Reg. No. 97-89-2); Citronellyl propionate (CAS Reg. No. 141-14-0); Citronellyl tiglate (CAS Reg. No. 24717-85-9); Clary oil ( Salvia sclarea L.) (CAS Reg. No. 8016-63-5); Cognac oil, green (CAS Reg. No. 8016-21-5); Coriander oil ( Coriandrum sativum L.) (CAS Reg. No. 8008-52-4); Decanoic acid, 4-hydroxy-4-methyl-,γ.-lactone (CAS Reg. No. 7011-83-8); Decyl acetate (CAS Reg. No. 112-17-4); Diethyl sebacate (CAS Reg. No. 110-40-7); Diethyl tartrate (CAS Reg. No. 87-91-2); Dimethylcyclohex-3-ene-1-carbaldehyde (CAS Reg. No. 27939-60-2); DL-Tartaric acid (CAS Reg. No. 133-37-9); Ethyl 2-hexylacetoacetate (CAS Reg. No. 29214-60-6); Ethyl 2-methyl-3-pentenoate (CAS Reg. No. 1617-23-8); Ethyl 2-methylbutyrate (CAS Reg. No. 7452-79-1); Ethyl 2-methylpentanoate (CAS Reg. No. 39255-32-8); Ethyl 3-hydroxybutyrate (CAS Reg. No. 5405-41-4); Ethyl formate (CAS Reg. No. 109-94-4); Ethyl isovalerate (CAS Reg. No. 108-64-5); ethyl lactate (CAS Reg. No. 97-64-3); Ethyl levulinate (CAS Reg. No. 539-88-8); Ethyl propionate (CAS Reg. No. 105-37-3); Ethyl tiglate (CAS Reg. No. 5837-78-5); Farnesol (CAS Reg. No. 4602-84-0); Farnesyl acetate (CAS Reg. No. 29548-30-9); gamma-Valerolactone (CAS Reg. No. 108-29-2); Geranic acid (CAS Reg. No. 459-80-3); Geraniol (CAS Reg. No. 106-24-1); Geranyl butyrate (CAS Reg. No. 106-29-6); Geranyl formate (CAS Reg. No. 105-86-2); Geranyl isobutyrate (CAS Reg. No. 2345-26-8); Geranyl propionate (CAS Reg. No. 105-90-8); Geranyl tiglate (CAS Reg. No. 7785-33-3); Helichrysum leaf oil ( Helichrysum angustifolium) (CAS Reg. No. 8023-95-8); Heptyl acetate (CAS Reg. No. 112-06-1); Hexadecanoic acid (CAS Reg. No. 57-10-3); Hexadecanoic acid, ethyl ester (CAS Reg. No. 628-97-7); Hexyl 2-methylbutanoate (CAS Reg. No. 10032-15-2); Hexyl octanoate (CAS Reg. No. 1117-55-1); Hydroxycitronellal dimethyl acetal (CAS Reg. No. 141-92-4); Hyssop oil (Hyssopus officinalis L.) (CAS Reg. No. 8006-83-5); Isoamyl acetate (CAS Reg. No. 123-92-2); Isoamyl alcohol (CAS Reg. No. 123-51-3); Isoamyl isovalerate (CAS Reg. No. 659-70-1); Isoamyl propionate (CAS Reg. No. 105-68-0); Isobutyl 2-butenoate (CAS Reg. No. 589-66-2); Isobutyl angelate (CAS Reg. No. 7779-81-9); Isobutyl butyrate (CAS Reg. No. 539-90-2); Isobutyraldehyde (CAS Reg. No. 78-84-2); Isobutyric acid (CAS Reg. No. 79-31-2); Isovaleric acid (CAS Reg. No. 503-74-2); Jasmine lactone (CAS Reg. No. 25524-95-2); laevo-Bornyl acetate (CAS Reg. No. 5655-61-8); Lauryl acetate (CAS Reg. No. 112-66-3); Levulinic acid (CAS Reg. No. 123-76-2); Linalool (CAS Reg. No. 78-70-6); Linalool acetate (CAS Reg. No. 115-95-7); Linalyl formate (CAS Reg. No. 115-99-1); Linalyl hexanoate (CAS Reg. No. 7779-23-9); Linalyl isobutyrate (CAS Reg. No. 78-35-3); Linalyl isovalerate (CAS Reg. No. 1118-27-0); Linalyl propionate (CAS Reg. No. 144-39-8); Linoleic acid (CAS Reg. No. 60-33-3); Linoleic acid, methyl ester (CAS Reg. No. 112-63-0); Lovage oil ( Levisticum officinale Koch) (CAS Reg. No. 8016-31-7); Methyl 2-methylbutyrate (CAS Reg. No. 868-57-5); Methyl 3,7-dimethyl-6-octenoate (CAS Reg. No. 2270-60-2); Methyl 3-nonenoate (CAS Reg. No. 13481-87-3); Methyl butyrate (CAS Reg. No. 623-42-7); Methyl hexanoate (CAS Reg. No. 106-70-7); Methyl linolenate (CAS Reg. No. 301-00-8); Methyl octanoate (CAS Reg. No. 111-11-5); Methyl tetradecanoate (CAS Reg. No. 124-10-7); Methyl undec-10-enoate (CAS Reg. No. 111-81-9); Musk ambrette (CAS Reg. No. 123-69-3); n-Butyl 2-methylbutyrate (CAS Reg. No. 15706-73-7); Nerolidiol (CAS Reg. No. 142-50-7); Neryl acetate (CAS Reg. No. 141-12-8); Neryl formate (CAS Reg. No. 2142-94-1); Nonyl acetate (CAS Reg. No. 143-13-5); Octadecanoic acid (CAS Reg. No. 57-11-4); Oil of citronella (CAS Reg. No. 8000-29-1); Oils, geranium (CAS Reg. No. 8000-46-2); Oils, lavender (CAS Reg. No. 8000-28-0); Oils, lemon, terpene-free (CAS Reg. No. 68648-39-5); Oils, palmarosa (CAS Reg. No. 8014-19-5); Oleic acid (CAS Reg. No. 112-80-1); Oleic acid, ethyl ester (CAS Reg. No. 111-62-6); Oleyl alcohol (CAS Reg. No. 143-28-2); Orange flower water absolute (CAS Reg. No. 8030-28-2); Oxacycloheptadec-10-ene-2-one (CAS Reg. No. 28645-51-4); p-α,α-Trimethylbenzyl alcohol (CAS Reg. No. 1197-01-9); Petitgrain Paraguay oil (CAS Reg. No. 8016-44-2 Start Printed Page 15281 (NEW CAS Reg. No. 8014-17-3); p-Mentha-1,8-dien-7-ol (CAS Reg. No. 536-59-4); p-Mentha-1,8-dien-7-yl acetate (CAS Reg. No. 15111-96-3); Propanoic acid (CAS Reg. No. 79-09-4); Propylene glycol (CAS Reg. No. 57-55-6); Pyruvic acid (CAS Reg. No. 127-17-3); Sandalwood yellow oil ( Santalum album L.) (CAS Reg. No. 8006-87-9); Santalol (CAS Reg. No. 11031-45-1); Sclareol (CAS Reg. No. 515-03-7); Spike lavender oil (Lavandula spp.) (CAS Reg. No. 8016-78-2); Tartaric acid (CAS Reg. No. 87-69-4); Terpinyl acetate (Isomer mixture) (CAS Reg. No. 8007-35-0); Tetradecanoic acid, ethyl ester (CAS Reg. No. 124-06-1); Tetrahydrogeranial (CAS Reg. No. 5988-91-0); trans-3-Heptenyl 2-methylpropanoate (CAS Reg. No. 67801-45-0); Violet leaves absolute (Viola odorata L.) (CAS Reg. No. 90147-36-7); α,α-Dimethylphenethyl alcohol (CAS Reg. No. 100-86-7); α-Terpinyl propionate (CAS Reg. No. 80-27-3); γ-Butyrolactone (CAS Reg. No. 96-48-0); γ-Dodecalactone (CAS Reg. No. 2305-05-7); δ-Dodecalactone (CAS Reg. No. 713-95-1); δ-Octalactone (CAS Reg. No. 698-76-0); ε-Decalactone (CAS Reg. No. 5579-78-2); ω-6-Hexadecenlactone (CAS Reg. No. 7779-50-2); when used as inert ingredients (fragrance components) in pesticide formulations applied to food contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment with end-use concentrations not to exceed 100 ppm. That document referenced a summary of the petition prepared by Innovative Reform Group on behalf of The Clorox Company, which is available in the docket, https://www.regulations.gov. There were no comments received in response to the notice of filing.
III. Inert Ingredient Definition
Inert ingredients are all ingredients that are not active ingredients as defined in 40 CFR 153.125 and include, but are not limited to, the following types of ingredients (except when they have a pesticidal efficacy of their own): solvents such as alcohols and hydrocarbons; surfactants such as polyoxyethylene polymers and fatty acids; carriers such as clay and diatomaceous earth; thickeners such as carrageenan and modified cellulose; wetting, spreading, and dispersing agents; propellants in aerosol dispensers; microencapsulating agents; and emulsifiers. The term “inert” is not intended to imply nontoxicity; the ingredient may or may not be chemically active. Generally, EPA has exempted inert ingredients from the requirement of a tolerance based on the low toxicity of the individual inert ingredients.
IV. Aggregate Risk Assessment and Determination of Safety
Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an exemption from the requirement for a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(c)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings but does not include occupational exposure. When making a safety determination for an exemption for the requirement of a tolerance, FFDCA section 408(c)(2)(B) directs EPA to consider the considerations in section 408(b)(2)(C) and (D). Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .” Section 408(b)(2)(D) lists other factors for EPA's consideration in making safety determinations, e.g., the validity, completeness, and reliability of available data, nature of toxic effects, available information concerning the cumulative effects of the pesticide chemical and other substances with a common mechanism of toxicity, and available information concerning aggregate exposure levels to the pesticide chemical and other related substances, among other factors.
EPA establishes exemptions from the requirement of a tolerance only in those cases where it can be clearly demonstrated that the risks from aggregate exposure to pesticide chemical residues under reasonably foreseeable circumstances will pose no harm to human health. In order to determine the risks from aggregate exposure to pesticide inert ingredients, the Agency considers the toxicity of the inert in conjunction with possible exposure to residues of the inert ingredient through food, drinking water, and through other exposures that occur as a result of pesticide use in residential settings. If EPA is able to determine that a finite tolerance is not necessary to ensure that there is a reasonable certainty that no harm will result from aggregate exposure to the inert ingredient, an exemption from the requirement of a tolerance may be established.
Consistent with FFDCA section 408(c)(2)(A), and the factors specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure for the various fragrance components identified in Unit II of this document, including exposure resulting from the exemptions established by this action. EPA's assessment of exposures and risks associated with these various fragrance components follows.
A. Toxicological Profile
EPA has evaluated the available toxicity data and considered their validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. Specific information on the studies received and the nature of the adverse effects caused by the various fragrance components identified in Unit II, as well as the no-observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies, are discussed in this unit.
The Agency assessed these fragrance components via the Threshold of Toxicological Concern (TTC) approach as outlined by the European Food Safety Authority (EFSA) in their 2019 guidance document on the use of TTC in food safety assessment. Information regarding the database of studies and chemicals used to derive TTCs are reviewed therein. The TTC approach has been used by the Joint Expert Committee on Food Additives of the United Nations' (U.N.) Food and Agriculture Organization and the World Health Organization (JECFA), the former Scientific Committee on Food of the European Commission, the European Medicines Agency, and EFSA.
Information from JECFA reports as well as predictive toxicology using the Organisation for Economic Co-operation and Development (OECD) Quantitative Structure-Activity Relationships (QSAR) Toolbox was used to confirm that the fragrances listed in Unit II have low carcinogenic potential and are thus good candidates for the application of the TTC method. Although 27 chemicals had in silico carcinogenicity alerts, Start Printed Page 15282 JECFA concluded and EPA concurs that all fragrances listed in Unit II have low carcinogenic potential, based on in vitro and/or in vivo genotoxicity studies available on the chemical or structurally related chemicals. Therefore, the TTC method can be applied to these fragrances.
TTCs are derived from a conservative and rigorous approach to establish generic threshold values for human exposure at which a very low probability of adverse effects is likely. By comparing a range of compounds by Cramer Class (classes I, II, and III which correspond to the probability of low, moderate and high toxicity) and NOEL (no-observed-effect-level), fifth percentile NOELs were established for each Cramer Class as “Human Exposure Thresholds”. These values were 3, 0.91 and 0.15 mg/kg/day for classes I, II, and III, respectively.
B. Toxicological Points of Departure/Levels of Concern
Once a pesticide's toxicological profile is determined, EPA identifies toxicological points of departure (POD) and levels of concern to use in evaluating the risk posed by human exposure to the pesticide. For hazards that have a threshold below which there is no appreciable risk, the toxicological POD is used as the basis for derivation of reference values for risk assessment. PODs are developed based on a careful analysis of the doses in each toxicological study to determine the dose at which no adverse effects are observed (the NOAEL) and the lowest dose at which adverse effects of concern are identified (the LOAEL). Uncertainty/safety factors are used in conjunction with the POD to calculate a safe exposure level—generally referred to as a population-adjusted dose (PAD) or a reference dose (RfD)—and a safe margin of exposure (MOE). For non-threshold risks, the Agency assumes that any amount of exposure will lead to some degree of risk. Thus, the Agency estimates risk in terms of the probability of an occurrence of the adverse effect expected in a lifetime. For more information on the general principles EPA uses in risk characterization and a complete description of the risk assessment process, see https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/overview-risk-assessment-pesticide-program.
The human exposure threshold value for threshold ( i.e., non-cancer) risks is based upon Cramer structural class. All of the fragrance components listed in Unit II are in Cramer Class I, which is defined as chemicals of simple structure and efficient modes of metabolism, suggesting low oral toxicity. Therefore, the NOEL of 3 mg/kg/day is selected as the point of departure for all exposure scenarios assessed (chronic dietary, incidental oral, dermal and inhalation exposures).
C. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary exposure to the fragrance components listed in Unit II ( e.g., ingesting foods that come in contact with surfaces treated with pesticide formulations containing these fragrance components, and drinking water exposures), EPA considered exposure under the proposed exemptions from the requirement of a tolerance.
The dietary assessment for food contact sanitizer solutions calculated the Daily Dietary Dose (DDD) and the Estimated Daily Intake (EDI). The assessment considered application rates, residual solution or quantity of solution remaining on the treated surface without rinsing with potable water, surface area of the treated surface which comes into contact with food, pesticide migration fraction, and body weight. These assumptions are based on U.S. Food and Drug Administration guidelines.
2. From non-dietary exposure. The term “residential exposure” is used in this document to refer to non-occupational, non-dietary exposure ( e.g., textiles (clothing and diapers), carpets, swimming pools, and hard surface disinfection on walls, floors, tables).
The fragrance components listed in Unit II may be used as inert ingredients in products that are registered for specific uses that may result in residential exposure, such as pesticides used in and around the home. The Agency conducted a conservative assessment of potential residential exposure by assessing various fragrance components in disinfectant-type uses (indoor scenarios). The Agency's assessment of adult residential exposure combines high-end dermal and inhalation handler exposure from indoor hard surface, wiping, and aerosol spray uses. The Agency's assessment of children's residential exposure includes total post-application exposures associated with contact with treated indoor surfaces (dermal and hand-to-mouth exposures).
3. Cumulative effects from substances with a common mechanism of toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider “available information” concerning the cumulative effects of a particular pesticide's residues and “other substances that have a common mechanism of toxicity.”
Based on the lack of toxicity in the available database, EPA has not found the fragrance components listed in Unit II to share a common mechanism of toxicity with any other substances, nor do they appear to produce a toxic metabolite produced by other substances. For the purposes of the tolerance exemptions established in this rule, therefore, EPA has assumed that the fragrance components listed in Unit II do not have common mechanisms of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's website at https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides.
D. Additional Safety Factor for the Protection of Infants and Children
Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an additional tenfold (10X) margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the Food Quality Protection Act (FQPA) Safety Factor (SF). In applying this provision, EPA either retains the default value of 10X, or uses a different additional safety factor when reliable data available to EPA support the choice of a different factor.
The FQPA SF has been reduced to 1X in this risk assessment because clear NOELs and LOELs were established in the studies used to derive the endpoints (which included developmental and reproductive toxicity studies), maternal and developmental-specific 5th percentile NOELs indicate low potential for offspring susceptibility, and the conservative assumptions made in the exposure assessment are unlikely to underestimate risk.
E. Aggregate Risks and Determination of Safety
EPA determines whether acute and chronic dietary pesticide exposures are safe by comparing aggregate exposure estimates to the acute PAD (aPAD) and chronic PAD (cPAD). For linear cancer risks, EPA calculates the lifetime probability of acquiring cancer given the Start Printed Page 15283 estimated aggregate exposure. Short-, intermediate-, and chronic-term risks are evaluated by comparing the estimated aggregate food, water, and residential exposure to the appropriate PODs to ensure that an adequate MOE exists.
1. Acute aggregate risk. An acute aggregate risk assessment takes into account acute exposure estimates from dietary consumption of food and drinking water. No adverse effects resulting from a single oral exposure were identified and no acute dietary endpoint was selected for any of the fragrance components listed in Unit II. Therefore, these fragrance components are not expected to pose an acute risk.
2. Short-term aggregate risk. Short-term aggregate exposure takes into account short-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level). For residential handler short-term exposure scenarios, MOEs ranged from 140 to 2,500, while for residential post-application exposure scenarios, MOEs ranged from 380 to 7,400. These MOEs are greater than the level of concern (LOC) of 100 and therefore are not of concern. The short-term aggregate MOE is 109 for adults and 135 for children, which are greater than the LOC of 100 and therefore are not of concern.
3. Intermediate-term risk. Intermediate-term aggregate exposure takes into account intermediate-term residential exposure plus chronic exposure to food and water (considered to be a background exposure level). An intermediate-term adverse effect was identified; however, the fragrance components listed in Unit II are not currently used as an inert ingredient in pesticide products that are registered for any use patterns that would result in intermediate-term residential exposure. Because there is no intermediate-term residential exposure and chronic dietary exposure has already been assessed under the appropriately protective cPAD (which is at least as protective as the POD used to assess intermediate-term risk), no further assessment of intermediate-term risk is necessary, and EPA relies on the chronic dietary risk assessment for evaluating intermediate-term risk for these fragrance components.
4. Chronic aggregate risk. Using the exposure assumptions described in this unit for chronic exposure, EPA has concluded that chronic exposure to the fragrance components listed in Unit II from food and water will utilize 19% of the cPAD for the U.S. population and 48% of the cPAD for children 1 to 2 years old, the population group receiving the greatest exposure. Chronic residential exposure to residues of these fragrance components is not expected. Therefore, the chronic aggregate risk is equal to the chronic dietary exposure for children 1 t o2 years old (48% of the PAD).
5. Aggregate cancer risk for U.S. population. There is low concern for genotoxicity/carcinogenicity in humans for the fragrance components listed in Unit II of this document. Therefore, the assessment under the TTC value for non-cancer risks is protective for all risks, including carcinogenicity.
6. Determination of safety. Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, or to infants and children, from aggregate exposure to residues of the fragrance components listed in Unit II.
V. Other Considerations
Analytical Enforcement Methodology
An analytical method is not required for enforcement purposes since the Agency is not establishing a numerical tolerance for residues of the fragrance components listed in Unit II of this document in or on any food commodities. EPA is establishing limitations on the amount of these fragrance components that may be used in antimicrobial pesticide formulations. These limitations will be enforced through the pesticide registration process under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), 7 U.S.C. 136 et seq. EPA will not register any pesticide formulation for food use that contains these fragrance components in excess of 100 ppm in the final pesticide formulation.
VI. Conclusions
Therefore, exemptions from the requirement of a tolerance are established for residues of the various fragrance components listed in Unit II of this document when used as inert ingredients (fragrance components) in pesticide formulations applied to food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils with an end-use concentration not to exceed 100 ppm under 40 CFR 180.940(a).
VII. Statutory and Executive Order Reviews
This action establishes exemptions from the requirement of a tolerance under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled “Regulatory Planning and Review” (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001), or Executive Order 13045, entitled “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (59 FR 7629, February 16, 1994).
Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the exemptions in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply.
This action directly regulates growers, food processors, food handlers, and food retailers, not States or Tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or Tribal governments, on the relationship between the National Government and the States or Tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian Tribes. Thus, the Agency has determined that Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), and Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section Start Printed Page 15284 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note).
VIII. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register . This action is not a “major rule” as defined by 5 U.S.C. 804(2).
Start List of SubjectsList of Subjects in 40 CFR Part 180
- Environmental protection
- Administrative practice and procedure
- Agricultural commodities
- Pesticides and pests
- Reporting and recordkeeping requirements
Dated: February 17, 2023.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, for the reasons stated in the preamble, EPA is amending 40 CFR chapter I as follows:
Start PartPART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD
End Part Start Amendment Part1. The authority citation for part 180 continues to read as follows:
End Amendment Part Start Amendment Part2. Section 180.940 is amended by adding in alphabetical order the following inert ingredients to table 1 to paragraph (a):
End Amendment Part Start Amendment Parta. Acetal.
End Amendment Part Start Amendment Partb. Acetic acid, octyl ester.
End Amendment Part Start Amendment Partc. Amyl butyrate.
End Amendment Part Start Amendment Partd. Amyl formate.
End Amendment Part Start Amendment Parte. Amyl hexanoate.
End Amendment Part Start Amendment Partf. Bois de rose oil.
End Amendment Part Start Amendment Partg. Butanoic acid, 3-methyl-, 2-methylpropyl ester.
End Amendment Part Start Amendment Parth. Butyl acetate.
End Amendment Part Start Amendment Parti. Butyl butyrate.
End Amendment Part Start Amendment Partj. Butyl butyryllactate.
End Amendment Part Start Amendment Partk. Butyl isovalerate.
End Amendment Part Start Amendment Partl. n-Butyl 2-methylbutyrate.
End Amendment Part Start Amendment Partm. Butyl 10-undecenoate.
End Amendment Part Start Amendment Partn. γ-Butyrolactone.
End Amendment Part Start Amendment Parto. 4-Carvomenthenol.
End Amendment Part Start Amendment Partp. Chamomile flower, Roman, oil (Anthemis nobilis L.).
End Amendment Part Start Amendment Partq. Citral dimethyl acetal.
End Amendment Part Start Amendment Partr. Citronellal.
End Amendment Part Start Amendment Parts. Citronelloxyacetaldehyde.
End Amendment Part Start Amendment Partt. Citronellyl butyrate.
End Amendment Part Start Amendment Partu. Citronellyl formate.
End Amendment Part Start Amendment Partv. Citronellyl isobutyrate.
End Amendment Part Start Amendment Partw. Citronellyl propionate.
End Amendment Part Start Amendment Partx. Citronellyl tiglate.
End Amendment Part Start Amendment Party. Clary oil (Salvia sclarea L.).
End Amendment Part Start Amendment Partz. Cognac oil, green.
End Amendment Part Start Amendment Partaa. Coriander oil (Coriandrum sativum L.).
End Amendment Part Start Amendment Partbb. 2-Cyclohexylethyl acetate.
End Amendment Part Start Amendment Partcc. ε-Decalactone.
End Amendment Part Start Amendment Partdd. Decanoic acid, 4-hydroxy-4-methyl-γ-lactone.
End Amendment Part Start Amendment Partee. 4-Decenal.
End Amendment Part Start Amendment Partff. 9-Decenal.
End Amendment Part Start Amendment Partgg. Decyl acetate.
End Amendment Part Start Amendment Parthh. Diethyl sebacate.
End Amendment Part Start Amendment Partii. Diethyl tartrate.
End Amendment Part Start Amendment Partjj. 3,7-Dimethyl-6-octenoic acid.
End Amendment Part Start Amendment Partkk. Dimethylcyclohex-3-ene-1-carbaldehyde.
End Amendment Part Start Amendment Partll. α,α-Dimethylphenethyl alcohol.
End Amendment Part Start Amendment Partmm. γ-Dodecalactone.
End Amendment Part Start Amendment Partnn. δ-Dodecalactone.
End Amendment Part Start Amendment Partoo. 2-Dodecenal.
End Amendment Part Start Amendment Partpp. Ethyl formate.
End Amendment Part Start Amendment Partqq. Ethyl 2-hexylacetoacetate.
End Amendment Part Start Amendment Partrr. Ethyl 3-hydroxybutyrate.
End Amendment Part Start Amendment Partss. Ethyl isovalerate.
End Amendment Part Start Amendment Parttt. Ethyl levulinate.
End Amendment Part Start Amendment Partuu. Ethyl 2-methyl-3-pentenoate.
End Amendment Part Start Amendment Partvv. Ethyl 2-methylpentanoate.
End Amendment Part Start Amendment Partww. Ethyl propionate.
End Amendment Part Start Amendment Partxx. Ethyl tiglate.
End Amendment Part Start Amendment Partyy. Farnesol.
End Amendment Part Start Amendment Partzz. Farnesyl acetate.
End Amendment Part Start Amendment Partaaa. 2-Formyl-6,6-dimethylbicyclo(3.1.1)hept-2-ene.
End Amendment Part Start Amendment Partbbb. Geranic acid.
End Amendment Part Start Amendment Partccc. Geraniol.
End Amendment Part Start Amendment Partddd. Geranyl butyrate.
End Amendment Part Start Amendment Parteee. Geranyl formate.
End Amendment Part Start Amendment Partfff. Geranyl isobutyrate.
End Amendment Part Start Amendment Partggg. Geranyl propionate.
End Amendment Part Start Amendment Parthhh. Geranyl tiglate.
End Amendment Part Start Amendment Partiii. Helichrysum leaf oil (Helichrysum angustifolium).
End Amendment Part Start Amendment Partjjj. trans-3-Heptenyl 2-methylpropanoate.
End Amendment Part Start Amendment Partkkk. Heptyl acetate.
End Amendment Part Start Amendment Partlll. Hexadecanoic acid.
End Amendment Part Start Amendment Partmmm. Hexadecanoic acid, ethyl ester.
End Amendment Part Start Amendment Partnnn. ω-6-Hexadecenlactone.
End Amendment Part Start Amendment Partooo. 2,4-Hexadienyl isobutyrate.
End Amendment Part Start Amendment Partppp. 1-Hexanol, 3,5,5-trimethyl-.
End Amendment Part Start Amendment Partqqq. 2-Hexen-1-ol.
End Amendment Part Start Amendment Partrrr. 3-Hexen-1-ol, (3Z)-.
End Amendment Part Start Amendment Partsss. (E)-2-Hexen-1-yl acetate.
End Amendment Part Start Amendment Partttt. cis-3-Hexenyl isobutyrate.
End Amendment Part Start Amendment Partuuu. cis-3-Hexenyl propionate.
End Amendment Part Start Amendment Partvvv. cis-3-Hexenyl tiglate.
End Amendment Part Start Amendment Partwww. 3-Hexenyl formate.
End Amendment Part Start Amendment Partxxx. Hexyl 2-methylbutanoate.
End Amendment Part Start Amendment Partyyy. Hexyl octanoate.
End Amendment Part Start Amendment Partzzz. Hydroxycitronellal dimethyl acetal.
End Amendment Part Start Amendment Partaaaa. Hyssop oil (Hyssopus officinalis L.).
End Amendment Part Start Amendment Partbbbb. Isoamyl isovalerate.
End Amendment Part Start Amendment Partcccc. Isoamyl propionate.
End Amendment Part Start Amendment Partdddd. Isobutyl angelate.
End Amendment Part Start Amendment Parteeee. Isobutyl 2-butenoate.
End Amendment Part Start Amendment Partffff. Isobutyl butyrate.
End Amendment Part Start Amendment Partgggg. Isobutyraldehyde.
End Amendment Part Start Amendment Parthhhh. Isobutyric acid.
End Amendment Part Start Amendment Partiiii. Isovaleric acid.
End Amendment Part Start Amendment Partjjjj. Jasmine lactone.
End Amendment Part Start Amendment Partkkkk. laevo-Bornyl acetate.
End Amendment Part Start Amendment Partllll. Lauryl acetate.
End Amendment Part Start Amendment Partmmmm. Levulinic acid.
End Amendment Part Start Amendment Partnnnn. Linalool acetate.
End Amendment Part Start Amendment Partoooo. Linalyl formate.
End Amendment Part Start Amendment Partpppp. Linalyl hexanoate.
End Amendment Part Start Amendment Partqqqq. Linalyl isobutyrate.
End Amendment Part Start Amendment Partrrrr. Linalyl isovalerate.
End Amendment Part Start Amendment Partssss. Linalyl propionate.
End Amendment Part Start Amendment Parttttt. Linoleic acid, methyl ester.
End Amendment Part Start Amendment Partuuuu. Lovage oil (Levisticum officinale Koch).
End Amendment Part Start Amendment Partvvvv. p-Mentha-1,8-dien-7-ol.
End Amendment Part Start Amendment Partwwww. p-Mentha-1,8-dien-7-yl acetate.
End Amendment Part Start Amendment Partxxxx. 1H-3a,7-Methanoazulen-6-ol, octahydro-3,6,8,8-tetramethyl-,[3R-(3.α,3a.β,6.α,7.β,8aα)].
End Amendment Part Start Amendment Partyyyy. 3-Methyl-2-buten-1-ol.
End Amendment Part Start Amendment Partzzzz. 2-Methyl butyl acetate.
End Amendment Part Start Amendment Partaaaaa. 3-Methylbutyraldehyde
End Amendment Part Start Amendment Partbbbbb. Methyl butyrate.
End Amendment Part Start Amendment Partccccc. 2-Methylbutyric acid.
End Amendment Part Start Amendment Partddddd. 3-Methylcrotonic acid.
End Amendment Part Start Amendment Parteeeee. Methyl 3,7-dimethyl-6-octenoate.
End Amendment Part Start Amendment Partfffff. Methyl hexanoate.
End Amendment Part Start Amendment Partggggg. Methyl linolenate.
End Amendment Part Start Amendment Parthhhhh. Methyl 2-methylbutyrate.
End Amendment Part Start Amendment Partiiiii. Methyl 3-nonenoate.
End Amendment Part Start Amendment Partjjjjj. 2-Methyloctanal.
End Amendment Part Start Amendment Partkkkkk. Methyl octanoate.
End Amendment Part Start Amendment Partlllll. 2-Methylpent-2-en-1-oic acid.
End Amendment Part Start Amendment Partmmmmm. Methyl tetradecanoate.
End Amendment Part Start Amendment Partnnnnn. 2-Methyl-trans-2-butenoic acid.
End Amendment Part Start Amendment Partooooo. Methyl undec-10-enoate.
End Amendment Part Start Amendment Partppppp. Musk ambrette.
End Amendment Part Start Amendment Partqqqqq. Nerolidiol.
End Amendment Part Start Amendment Partrrrrr. Neryl formate.
End Amendment Part Start Amendment Partsssss. 2,6-Nonadien-1-ol.
End Amendment Part Start Amendment Partttttt. 2,6-Nonadienal diethyl acetal.
End Amendment Part Start Amendment Partuuuuu. 1,3-Nonanediol acetate (mixed esters).
End Amendment Part Start Amendment Partvvvvv. 2-Nonenal.
End Amendment Part Start Amendment Partwwwww. Nonyl acetate.
End Amendment Part Start Amendment Partxxxxx. Octadecanoic acid.
End Amendment Part Start Amendment Partyyyyy. δ-Octalactone.
End Amendment Part Start Amendment Partzzzzz. 2,5,7-Octatrien-1-ol, 2,6-dimethyl0, 1-acetate.
End Amendment Part Start Amendment Partaaaaaa. 5-Octen-1-ol, (5Z)-.
End Amendment Part Start Amendment Partbbbbbb. Oil of citronella.
End Amendment Part Start Amendment Partcccccc. Oils, geranium.
End Amendment Part Start Amendment Partdddddd. Oils, lavender.
End Amendment Part Start Amendment Parteeeeee. Oils, lemon, terpene-free.
End Amendment Part Start Amendment Partffffff. Oils, palmarosa.
End Amendment Part Start Amendment Partgggggg. Oleic acid.
End Amendment Part Start Amendment Parthhhhhh. Oleic acid, ethyl ester.
End Amendment Part Start Amendment Partiiiiii. Oleyl alcohol.
End Amendment Part Start Amendment Partjjjjjj. Orange flower water absolute.
End Amendment Part Start Amendment Partkkkkkk. Oxacycloheptadec-10-ene-2-one.
End Amendment Part Start Amendment Partllllll. 1-pentanol.
End Amendment Part Start Amendment Partmmmmmm. Petitgrain Paraguay oil.
End Amendment Part Start Amendment Partnnnnnn. Propanoic acid.
End Amendment Part Start Amendment Partoooooo. Pyruvic acid.
End Amendment Part Start Amendment Partpppppp. Sandalwood yellow oil (Santalum album L.). Start Printed Page 15285
End Amendment Part Start Amendment Partqqqqqq. Santalol.
End Amendment Part Start Amendment Partrrrrrr. cis-α-Santalol.
End Amendment Part Start Amendment Partssssss. cis-β-Santalol.
End Amendment Part Start Amendment Parttttttt. Sclareol.
End Amendment Part Start Amendment Partuuuuuu. Spike lavender oil (Lavandula spp.).
End Amendment Part Start Amendment Partvvvvvv. Tartaric acid.
End Amendment Part Start Amendment Partwwwwww. DL-Tartaric acid.
End Amendment Part Start Amendment Partxxxxxx. α-Terpinyl propionate.
End Amendment Part Start Amendment Partyyyyyy. Tetradecanoic acid, ethyl ester.
End Amendment Part Start Amendment Partzzzzzz. Tetrahydrogeranial.
End Amendment Part Start Amendment Partaaaaaaa. 2,6,6-Trimethyl-1-cyclohexen-1-acetaldehyde.
End Amendment Part Start Amendment Partbbbbbbb. 2,6,6-Trimethyl-1&2-cyclohexen-1-carboxaldehyde.
End Amendment Part Start Amendment Partccccccc. p-α,α-Trimethylbenzyl alcohol.
End Amendment Part Start Amendment Partddddddd. 9-Undecenal.
End Amendment Part Start Amendment Parteeeeeee. 10-Undecenal.
End Amendment Part Start Amendment Partfffffff. 10-Undecenoic acid.
End Amendment Part Start Amendment Partggggggg. 10-Undecenoic acid, ethyl ester.
End Amendment Part Start Amendment Parthhhhhhh. γ-Valerolactone.
End Amendment Part Start Amendment Partppppppp. Violet leaves absolute (Viola odorata L.).
End Amendment PartThe additions read as follows:
Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (Food-contact surface sanitizing solutions).* * * * *(a) * * *
Table 1 to Paragraph ( a )
Pesticide chemical CAS Reg. No. Limits * * * * * * * Acetal 105-57-7 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Acetic acid, octyl ester 112-14-1 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Amyl butyrate 540-18-1 When ready for use, the end-use concentration is not to exceed 100 ppm. Amyl formate 638-49-3 When ready for use, the end-use concentration is not to exceed 100 ppm. Amyl hexanoate 540-07-8 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Bois de rose oil 8015-77-8 When ready for use, the end-use concentration is not to exceed 100 ppm. Butanoic acid, 3-methyl-, 2-methylpropyl ester 589-59-3 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Butyl acetate 123-86-4 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Butyl butyrate 109-21-7 When ready for use, the end-use concentration is not to exceed 100 ppm. Butyl butyryllactate 7492-70-8 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Butyl isovalerate 109-19-3 When ready for use, the end-use concentration is not to exceed 100 ppm. n-Butyl 2-methylbutyrate 15706-73-7 When ready for use, the end-use concentration is not to exceed 100 ppm. Butyl 10-undecenoate 109-42-2 When ready for use, the end-use concentration is not to exceed 100 ppm. γ-Butyrolactone 96-48-0 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 4-Carvomenthenol 562-74-3 When ready for use, the end-use concentration is not to exceed 100 ppm. Chamomile flower, Roman, oil (Anthemis nobilis L.) 8015-92-7 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Citral dimethyl acetal 7549-37-3 When ready for use, the end-use concentration is not to exceed 100 ppm. Citronellal 106-23-0 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Citronelloxyacetaldehyde 7492-67-3 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Citronellyl butyrate 141-16-2 When ready for use, the end-use concentration is not to exceed 100 ppm. Citronellyl formate 105-85-1 When ready for use, the end-use concentration is not to exceed 100 ppm. Citronellyl isobutyrate 97-89-2 When ready for use, the end-use concentration is not to exceed 100 ppm. Citronellyl propionate 141-14-0 When ready for use, the end-use concentration is not to exceed 100 ppm. Citronellyl tiglate 24717-85-9 When ready for use, the end-use concentration is not to exceed 100 ppm. Clary oil (Salvia sclarea L.) 8016-63-5 When ready for use, the end-use concentration is not to exceed 100 ppm. Cognac oil, green 8016-21-5 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Coriander oil (Coriandrum sativum L.) 8008-52-4 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 2-Cyclohexylethyl acetate 21722-83-8 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * ε-Decalactone 5579-78-2 When ready for use, the end-use concentration is not to exceed 100 ppm. Start Printed Page 15286 * * * * * * * Decanoic acid, 4-hydroxy-4-methyl-γ-lactone 7011-83-8 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 4-Decenal 30390-50-2 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 9-Decenal 39770-05-3 When ready for use, the end-use concentration is not to exceed 100 ppm. Decyl acetate 112-17-4 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Diethyl sebacate 110-40-7 When ready for use, the end-use concentration is not to exceed 100 ppm. Diethyl tartrate 87-91-2 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 3,7-Dimethyl-6-octenoic acid 502-47-6 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Dimethylcyclohex-3-ene-1-carbaldehyde 27939-60-2 When ready for use, the end-use concentration is not to exceed 100 ppm. α,α-Dimethylphenethyl alcohol 100-86-7 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * γ-Dodecalactone 2305-05-7 When ready for use, the end-use concentration is not to exceed 100 ppm. δ-Dodecalactone 713-95-1 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 2-Dodecenal 4826-62-4 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Ethyl formate 109-94-4 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Ethyl 2-hexylacetoacetate 29214-60-6 When ready for use, the end-use concentration is not to exceed 100 ppm. Ethyl 3-hydroxybutyrate 5405-41-4 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Ethyl isovalerate 108-64-5 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Ethyl levulinate 539-88-8 When ready for use, the end-use concentration is not to exceed 100 ppm. Ethyl 2-methyl-3-pentenoate 1617-23-8 When ready for use, the end-use concentration is not to exceed 100 ppm. Ethyl 2-methylpentanoate 39255-32-8 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Ethyl propionate 105-37-3 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Ethyl tiglate 5837-78-5 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Farnesol 4602-84-0 When ready for use, the end-use concentration is not to exceed 100 ppm. Farnesyl acetate 29548-30-9 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 2-Formyl-6,6-dimethylbicyclo(3.1.1)hept-2-ene 564-94-3 When ready for use, the end-use concentration is not to exceed 100 ppm. Geranic acid 459-80-3 When ready for use, the end-use concentration is not to exceed 100 ppm. Geraniol 106-24-1 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Geranyl butyrate 106-29-6 When ready for use, the end-use concentration is not to exceed 100 ppm. Geranyl formate 105-86-2 When ready for use, the end-use concentration is not to exceed 100 ppm. Geranyl isobutyrate 2345-26-8 When ready for use, the end-use concentration is not to exceed 100 ppm. Geranyl propionate 105-90-8 When ready for use, the end-use concentration is not to exceed 100 ppm. Geranyl tiglate 7785-33-3 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Helichrysum leaf oil (Helichrysum angustifolium) 8023-95-8 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * trans-3-Heptenyl 2-methylpropanoate 67801-45-0 When ready for use, the end-use concentration is not to exceed 100 ppm. Heptyl acetate 112-06-1 When ready for use, the end-use concentration is not to exceed 100 ppm. Start Printed Page 15287 * * * * * * * Hexadecanoic acid 57-10-3 When ready for use, the end-use concentration is not to exceed 100 ppm. Hexadecanoic acid, ethyl ester 628-97-7 When ready for use, the end-use concentration is not to exceed 100 ppm. ω-6-Hexadecenlactone 7779-50-2 When ready for use, the end-use concentration is not to exceed 100 ppm. 2,4-Hexadienyl isobutyrate 16491-24-0 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 1-Hexanol, 3,5,5-trimethyl- 3452-97-9 When ready for use, the end-use concentration is not to exceed 100 ppm. 2-Hexen-1-ol 2305-21-7 When ready for use, the end-use concentration is not to exceed 100 ppm. 3-Hexen-1-ol, (3Z)- 928-96-1 When ready for use, the end-use concentration is not to exceed 100 ppm. (E)-2-Hexen-1-yl acetate 2497-18-9 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * cis-3-Hexenyl isobutyrate 41519-23-7 When ready for use, the end-use concentration is not to exceed 100 ppm. cis-3-Hexenyl propionate 33467-74-2 When ready for use, the end-use concentration is not to exceed 100 ppm. cis-3-Hexenyl tiglate 67883-79-8 When ready for use, the end-use concentration is not to exceed 100 ppm. 3-Hexenyl formate 9/5/2315 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Hexyl 2-methylbutanoate 10032-15-2 When ready for use, the end-use concentration is not to exceed 100 ppm. Hexyl octanoate 1117-55-1 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Hydroxycitronellal dimethyl acetal 141-92-4 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Hyssop oil (Hyssopus officinalis L.) 8006-83-5 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * * * * * * * * Isoamyl isovalerate 659-70-1 When ready for use, the end-use concentration is not to exceed 100 ppm. Isoamyl propionate 105-68-0 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Isobutyl angelate 7779-81-9 When ready for use, the end-use concentration is not to exceed 100 ppm. Isobutyl 2-butenoate 589-66-2 When ready for use, the end-use concentration is not to exceed 100 ppm. Isobutyl butyrate 539-90-2 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Isobutyraldehyde 78-84-2 When ready for use, the end-use concentration is not to exceed 100 ppm. Isobutyric acid 79-31-2 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Isovaleric acid 503-74-2 When ready for use, the end-use concentration is not to exceed 100 ppm. Jasmine lactone 25524-95-2 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * laevo-Bornyl acetate 5655-61-8 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Lauryl acetate 112-66-3 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Levulinic acid 123-76-2 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Linalool acetate 115-95-7 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Linalyl formate 115-99-1 When ready for use, the end-use concentration is not to exceed 100 ppm. Linalyl hexanoate 7779-23-9 When ready for use, the end-use concentration is not to exceed 100 ppm. Linalyl isobutyrate 78-35-3 When ready for use, the end-use concentration is not to exceed 100 ppm. Linalyl isovalerate 1118-27-0 When ready for use, the end-use concentration is not to exceed 100 ppm. Linalyl propionate 144-39-8 When ready for use, the end-use concentration is not to exceed 100 ppm. Linoleic acid, methyl ester 112-63-0 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Lovage oil (Levisticum officinale Koch) 8016-31-7 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * p-Mentha-1,8-dien-7-ol 536-59-4 When ready for use, the end-use concentration is not to exceed 100 ppm. Start Printed Page 15288 p-Mentha-1,8-dien-7-yl acetate 15111-96-3 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 1H-3a,7-Methanoazulen-6-ol, octahydro-3,6,8,8-tetramethyl-,[3R-(3.α,3a.β,6.α,7.β,8aα)] 77-53-2 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 3-Methyl-2-buten-1-ol 556-82-1 When ready for use, the end-use concentration is not to exceed 100 ppm. 2-Methyl butyl acetate 624-41-9 When ready for use, the end-use concentration is not to exceed 100 ppm. 3-Methylbutyraldehyde 590-86-3 When ready for use, the end-use concentration is not to exceed 100 ppm. Methyl butyrate 623-42-7 When ready for use, the end-use concentration is not to exceed 100 ppm. 2-Methylbutyric acid 116-53-0 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 3-Methylcrotonic acid 541-47-9 When ready for use, the end-use concentration is not to exceed 100 ppm. Methyl 3,7-dimethyl-6-octenoate 2270-60-2 When ready for use, the end-use concentration is not to exceed 100 ppm. Methyl hexanoate 106-70-7 When ready for use, the end-use concentration is not to exceed 100 ppm. Methyl linolenate 301-00-8 When ready for use, the end-use concentration is not to exceed 100 ppm. Methyl 2-methylbutyrate 868-57-5 When ready for use, the end-use concentration is not to exceed 100 ppm. Methyl 3-nonenoate 13481-87-3 When ready for use, the end-use concentration is not to exceed 100 ppm. 2-Methyloctanal 7786-29-0 When ready for use, the end-use concentration is not to exceed 100 ppm. Methyl octanoate 111-11-5 When ready for use, the end-use concentration is not to exceed 100 ppm. 2-Methylpent-2-en-1-oic acid 3142-72-1 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Methyl tetradecanoate 124-10-7 When ready for use, the end-use concentration is not to exceed 100 ppm. 2-Methyl-trans-2-butenoic acid 80-59-1 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Methyl undec-10-enoate 111-81-9 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Musk ambrette 123-69-3 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Nerolidiol 142-50-7 When ready for use, the end-use concentration is not to exceed 100 ppm. Neryl formate 2142-94-1 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 2,6-Nonadien-1-ol 7786-44-9 When ready for use, the end-use concentration is not to exceed 100 ppm. 2,6-Nonadienal diethyl acetal 67674-36-6 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 1,3-Nonanediol acetate (mixed esters) 1322-17-4 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 2-Nonenal 2463-53-8 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Nonyl acetate 143-13-5 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Octadecanoic acid 57-11-4 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * δ-Octalactone 698-76-0 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 2,5,7-Octatrien-1-ol, 2,6-dimethyl0, 1-acetate 197098-61-6 When ready for use, the end-use concentration is not to exceed 100 ppm. 5-Octen-1-ol, (5Z)- 64275-73-6 When ready for use, the end-use concentration is not to exceed 100 ppm. Oil of citronella 8000-29-1 When ready for use, the end-use concentration is not to exceed 100 ppm. Oils, geranium 8000-46-2 When ready for use, the end-use concentration is not to exceed 100 ppm. Oils, lavender 8000-28-0 When ready for use, the end-use concentration is not to exceed 100 ppm. Oils, lemon, terpene-free 68648-39-5 When ready for use, the end-use concentration is not to exceed 100 ppm. Oils, palmarosa 8014-19-5 When ready for use, the end-use concentration is not to exceed 100 ppm. Oleic acid 112-80-1 When ready for use, the end-use concentration is not to exceed 100 ppm. Oleic acid, ethyl ester 111-62-6 When ready for use, the end-use concentration is not to exceed 100 ppm. Oleyl alcohol 143-28-2 When ready for use, the end-use concentration is not to exceed 100 ppm. Orange flower water absolute 8030-28-2 When ready for use, the end-use concentration is not to exceed 100 ppm. Oxacycloheptadec-10-ene-2-one 28645-51-4 When ready for use, the end-use concentration is not to exceed 100 ppm. Start Printed Page 15289 * * * * * * * 1-pentanol 71-41-0 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Petitgrain Paraguay oil 8014-17-3 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Propanoic acid 79-09-4 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * * * * * * * * Pyruvic acid 127-17-3 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Sandalwood yellow oil (Santalum album L.) 8006-87-9 When ready for use, the end-use concentration is not to exceed 100 ppm. Santalol 11031-45-1 When ready for use, the end-use concentration is not to exceed 100 ppm. cis-α-Santalol 115-71-9 When ready for use, the end-use concentration is not to exceed 100 ppm. cis-β-Santalol 77-42-9 When ready for use, the end-use concentration is not to exceed 100 ppm. Sclareol 515-03-7 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Spike lavender oil (Lavandula spp.) 8016-78-2 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Tartaric acid 87-69-4 When ready for use, the end-use concentration is not to exceed 100 ppm. DL-Tartaric acid 133-37-9 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * α-Terpinyl propionate 80-27-3 When ready for use, the end-use concentration is not to exceed 100 ppm. Tetradecanoic acid, ethyl ester 124-06-1 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Tetrahydrogeranial 5988-91-0 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 2,6,6-Trimethyl-1-cyclohexen-1-acetaldehyde 472-66-2 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 2,6,6-Trimethyl-1&2-cyclohexen-1-carboxaldehyde 432-25-7 When ready for use, the end-use concentration is not to exceed 100 ppm. p-α,α-Trimethylbenzyl alcohol 1197-01-9 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * 9-Undecenal 143-14-6 When ready for use, the end-use concentration is not to exceed 100 ppm. 10-Undecenal 112-45-8 When ready for use, the end-use concentration is not to exceed 100 ppm. 10-Undecenoic acid 112-38-9 When ready for use, the end-use concentration is not to exceed 100 ppm. 10-Undecenoic acid, ethyl ester 692-86-4 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * γ -Valerolactone 108-29-2 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * Violet leaves absolute (Viola odorata L.) 90147-36-7 When ready for use, the end-use concentration is not to exceed 100 ppm. * * * * * * * * * * * *[FR Doc. 2023-03830 Filed 3-10-23; 8:45 am]
BILLING CODE 6560-50-P
Document Information
- Effective Date:
- 3/13/2023
- Published:
- 03/13/2023
- Department:
- Environmental Protection Agency
- Entry Type:
- Rule
- Action:
- Final rule.
- Document Number:
- 2023-03830
- Dates:
- This regulation is effective March 13, 2023. Objections and requests for hearings must be received on or before May 12, 2023 and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
- Pages:
- 15279-15289 (11 pages)
- Docket Numbers:
- EPA-HQ-OPP-2020-0297, FRL-10642-01-OCSPP
- Topics:
- Administrative practice and procedure, Agricultural commodities, Environmental protection, Pesticides and pests, Reporting and recordkeeping requirements
- PDF File:
- 2023-03830.pdf
- Supporting Documents:
- » IN-11372; Various Fragrance Components: Human Health Risk and Ecological Effects Assessment of a Food Use Pesticide Inert Ingredient
- » Innovative Reform Group (IRG) on behalf of The Clorox Company Notice of Filing Pesticide Petition to establish an exemption from the requirement of a tolerance for residues of acetal
- CFR: (1)
- 40 CFR 180.940