<RULE>
ENVIRONMENTAL PROTECTION AGENCY
<CFR>40 CFR Part 180</CFR>
<DEPDOC>[EPA-HQ-OPP-2022-0257; FRL-12388-01-OCSPP]</DEPDOC>
<SUBJECT>Pyridate; Pesticide Tolerances</SUBJECT>
<HD SOURCE="HED">AGENCY:</HD>
Environmental Protection Agency (EPA).
<HD SOURCE="HED">ACTION:</HD>
Final rule.
<SUM>
<HD SOURCE="HED">SUMMARY:</HD>
This regulation establishes tolerances for residues of pyridate in or on Pea, field, forage; Pea, field, hay; Soybean, forage; Soybean, hay; Soybean, seed; and Vegetable, legume, pulse, pea, dried shelled, subgroup 6-22F. Belchim Crop Protection US Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
</SUM>
<EFFDATE>
<HD SOURCE="HED">DATES:</HD>
This regulation is effective March 21, 2025. Objections and requests for hearings must be received on or before May 20, 2025, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the
<E T="02">SUPPLEMENTARY INFORMATION</E>
).
</EFFDATE>
<HD SOURCE="HED">ADDRESSES:</HD>
The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2022-0257, is available at
<E T="03">https://www.regulations.gov</E>
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. Please review the visitor instructions and additional information about the docket available at
<E T="03">https://www.epa.gov/dockets.</E>
<FURINF>
<HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
Charles Smith, Director, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone number: (202) 566-1030; email address:
<E T="03">RDFRNotices@epa.gov.</E>
</FURINF>
<SUPLINF>
<HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
<HD SOURCE="HD1">I. General Information</HD>
<HD SOURCE="HD2">A. Does this action apply to me?</HD>
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).
<HD SOURCE="HD2">B. How can I get electronic access to other related information?</HD>
You may access a frequently updated electronic version of EPA's tolerance regulations at 40 CFR part 180 through the Federal Register Office's e-CFR site at
<E T="03">https://www.ecfr.gov/current/title-40.</E>
<HD SOURCE="HD2">C. How can I file an objection or hearing request?</HD>
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-2022-0257 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 20, 2025. 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-2022-0257, by one of the following methods:
•
<E T="03">Federal eRulemaking Portal: https://www.regulations.gov.</E>
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.
•
<E T="03">Mail:</E>
OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.
•
<E T="03">Hand Delivery:</E>
To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at
<E T="03">https://www.epa.gov/dockets/where-send-comments-epa-dockets.</E>
Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at
<E T="03">https://www.epa.gov/dockets.</E>
<HD SOURCE="HD1">II. Summary of Petitioned-For Tolerance</HD>
In the
<E T="04">Federal Register</E>
of March 22, 2022 (87 FR 16133) (FRL-9410-11-OCSPP), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 1F8978) by Belchim Crop Protection US Corporation, 2751 Centreville Road, Suite 100, Wilmington, Delaware 19808. The petition requested that 40 CFR part 180 be amended by establishing tolerances for residues of the herbicide pyridate in or on dry peas and soybeans at 0.05 parts per million (ppm). That document referenced a summary of the petition prepared by Belchim Crop Protection US Corporation, the registrant, which is available in the docket at
<E T="03">https://www.regulations.gov.</E>
Comments were received on the notice of filing. EPA's response to these comments is discussed in Unit IV.C.
Based upon review of the data supporting the petition, EPA has revised tolerance levels and corrected commodity definitions. The registrant proposed tolerances of dry pea vines, dry pea hay, dry pea seed (dried), soybean forage, soybean hay, and soybean seed (dried) at 0.05 ppm. The proposed dry pea seed (dried) was revised to vegetable, legume, pulse, pea, dried shelled, subgroup 6-22F. The proposed dry pea vines at 0.05 ppm were revised to pea, field, forage at 2 ppm. The proposed dry pea hay at 0.05 ppm was revised to 5 ppm. The proposed soybean forage at 0.05 was revised to soybean, forage at 0.4 ppm. The proposed soybean hay at 0.05 ppm was revised to soybean, hay at 0.8 ppm, and the proposed Soybean Seed (dried) was revised to Soybean, seed. The reason for these changes is explained in Unit IV.D.
In the
<E T="04">Federal Register</E>
of October 26, 2023 (88 FR 73571) (FRL-10579-09-OCSPP), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a revised pesticide petition (PP 1F8978) by Belchim Crop Protection US Corporation. The revised petition requested that 40 CFR part 180 be amended by establishing tolerances for residues of the herbicide pyridate in or on dry pea vines, dry pea hay, dry pea seed (dried), soybean forage, soybean hay, and soybean seed (dried) at 0.05 ppm. That document referenced a revised summary of the petition prepared by Belchim Crop Protection US Corporation, the registrant, which is available in the docket at
<E T="03">https://www.regulations.gov.</E>
No comments
were received on the revised notice of filing.
<HD SOURCE="HD1">III. Aggregate Risk Assessment and Determination of Safety</HD>
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish 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(b)(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. 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. . . .”
Consistent with FFDCA section 408(b)(2)(D), and the factors specified therein, 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 pyridate, including exposure resulting from the tolerances established by this action. EPA's assessment of exposures and risks associated with pyridate follows.
In an effort to streamline its publications in the
<E T="04">Federal Register</E>
, EPA is not reprinting sections that repeat what has been previously published in tolerance rulemakings for the same pesticide chemical. Where scientific information concerning a particular chemical remains unchanged, the content of those sections would not vary between tolerance rulemakings, and EPA considers referral back to those sections as sufficient to provide an explanation of the information EPA considered in making its safety determination for the new rulemaking.
In the
<E T="04">Federal Register</E>
of May 25, 2022 (87 FR 31738) (FRL-9298-02), EPA published a final rule establishing to
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