UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460      

	OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION

	

  SEQ CHAPTER \h \r 1 MEMORANDUM

  SEQ CHAPTER \h \r 1 

DATE:	March 6, 2015, updated April 23, 2015

SUBJECT:	ChemSAC Review of Public Comments on Tolerance Crop Grouping
Program IV.
(http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPP-2006-0766-0054
).  

FROM:	Bernard A. Schneider, Ph.D., Senior Plant Physiologist

Chemistry and Exposure Branch  

Health Effects Division (7509P)  

TO:	Julie VanAlstine, Chairperson HED Chemistry Science Advisory Council
(ChemSAC) and Members

	Jennifer Selwyn, and Monica Le, and Susan Wong, Health Canada, PMRA

	Barbara Madden, Minor Use Officer, RD (7505P)

cc: 	IR-4 Project, Bill Barney, Jerry Baron, Dan Kunkel, Debbie
Carpenter, Van Starner 

ACTION REQUESTED:

	The Public comments for the proposed Crop Grouping Program Phase IV
have been received and were discussed at a meeting between HED, RD,
FEAD, and PMRA on March 4, 2015.  There were three comments that the
group wanted ChemSAC to review for the docket.  Phase IV includes the
following five crop groups:  Leafy vegetable crop group 4-16; Brassica
head and stem crop group 5-16; Stalk, stem, and leaf petiole crop group
22; Tropical and subtropical fruit, edible peel crop group 23; and
Tropical and subtropical fruit, inedible peel crop group 24.  Once these
comments have been reviewed by ChemSAC the Crop grouping workgroup will
prepare the final rule.  

Review of the Public Comments for the Crop Group Rule Phase IV that will
be addressed during the final rule (All of the comments can be found in
the docket
http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPP-2006-0766-0054

And   (  HYPERLINK
"http://www.regulations.gov/#!searchResults;rpp=25;po=0;s=EPA-HQ-OPP-200
6-0766;dct=FR%252BPR%252BN%252BO%252BPS" 
http://www.regulations.gov/#!searchResults;rpp=25;po=0;s=EPA-HQ-OPP-2006
-0766;dct=FR%252BPR%252BN%252BO%252BPS ) 

Public Comment:

1) The Crop Grouping Petition- Tropical and Subtropical Fruit, Edible
Peel, Group 23, Volume 1 of 2, page 14 (EPA-HQ-OPP-2006-0766-0062)
proposed one crop definitions for guava that included many closely
related species and varieties. However in the ChemSAC Review of the
Analysis of the USDA IR-4 Crop Grouping Proposal to Establish a New Crop
Group 23 Tropical and Subtropical Fruit- Edible Peel
(EPA-HQ-OPP-2006-0766-0062), this definition was recommended as not
necessary since guava is one of the proposed representative commodities
for crop subgroup 23B. However, IR-4 believes that this definition is
necessary because both fig and guava are required as representative
commodities for Crop Subgroup 23B and all of the related guava varieties
and subspecies would not be covered except with a subgroup tolerance.

HED Response:

EPA proposes to include this definition in 40CFR §180.1(g).  The
original IR-4 petition requested a guava definition since there are
several types of guava that can be grown.  Originally ChemSAC did not
think a definition was needed since guava would be one of the
representative crops.  Also the guava varieties and species are listed
in the crop group.  However, based on public comments, we are aware that
a guava definition is necessary because both fig and guava are required
as representative commodities for Crop Subgroup 23B and all of the
related guava varieties and subspecies would not be covered except with
a subgroup tolerance.  We recommend ChemSAC approve the following: 

Commodity definition for Guava

This is the guava commodity definition {40CFR180.1(g)] for the
regulation that includes many of the closely related genus (Psidium
spp.), species and varieties. 

A	B

Guava	Guava (Psidium guajava L.);  Guava, Para (Psidium acutangulum
DC.);  Guava, Brazilian (Psidium guineense Sw.); Guava, cattley (Psidium
cattleianum Sabine); Guava, Costa Rican (Psidium friedrichsthalianum (O.
Berg) Nied.); Guava, purple strawberry (Psidium cattleianum Sabine var.
cattleianum);  Guava, strawberry (Psidium cattleianum Sabine var.
littorale (Raddi) Fosberg); Guava, yellow strawberry; (Psidium
cattleianum Sabine var. cattleianum forma lucidum O. Deg.); Guayabillo
(Psidium sartorianum (O. Berg) Nied.)



Public Comment (2):

2) The National Pesticide Coordinator, Plant Protection and Quarantine,
Animal and Plant Health Inspection Service, United States Department of
Agriculture notified IR-4 after submission of The Crop Grouping Petition
- Tropical and Subtropical Fruit, Edible Peel, Group 23 of a tropical
fruit, Achachairu (Garcinia gardneriana (Planch. & Triana) Zappi), that
is now being grown in Puerto Rico and shipped to the U.S. This commodity
is similar to mangosteen (Garcinia mangostana L.) but it has an edible
peel.  1t would be appropriate to include Achachairu (Garcinia
gardneriana (Planch. & Triana) Zappi) in the Tropical and Subtropical
Fruit, Medium to large fruit, edible peel subgroup 23B.

HED Response:

	We agree that Achachairu should be a member of the Tropical and
Subtropical Fruit, Edible Peel, Group 23 and in the Tropical and
Subtropical fruit, Medium to large fruit, smooth, edible peel subgroup
23B.  As USDA APHIS indicates it is already being legally imported into
the U.S. and being a member of the crop group will help avoid tolerance
and import issues with this crop.  IR-4 also recommends including it as
a member of the edible peel tropical and subtropical fruit crop group
since it has an edible peel and is grown in Puerto Rico.  

Public Comment (3):

3)	Longan (Dimocarpus longan Lour.)  EPA proposed including longan in
Crop Subgroup 24C (Medium to large fruit, rough or hairy, inedible peel
subgroup).  Instead, longan should be included in Crop Subgroup 24A
(Small fruit, inedible peel subgroup).  Longan is similar to lychee, the
proposed representative commodity for Subgroup 24A. The fruit is similar
in size to lychee (usually slightly smaller), and the peel is sandpapery
but slightly smoother than lychee. Longan is definitely not as large as
fruit from the Annonaceae family, e.g., atemoya, cherimoya, soursop, and
sugar apple; nor pineapple, breadfruit, durian and jackfruit

HED Response:

After reviewing the data from USDA IR-4, Hawaii, and Florida Extension
Service, we agree to move longan from the Crop Subgroup 24C (Medium to
large fruit, rough or hairy, inedible peel subgroup) to the Crop
Subgroup 24A (Small fruit, inedible peel subgroup).  Lychee is the
representative commodity for this subgroup. 

Other public comments involved subgroup terminology changes for the
tropical’s as well as some very favorable comments for this
regulation.  These can be found at 

http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPP-2006-0766-0054

and   (  HYPERLINK
"http://www.regulations.gov/#!searchResults;rpp=25;po=0;s=EPA-HQ-OPP-200
6-0766;dct=FR%252BPR%252BN%252BO%252BPS" 
http://www.regulations.gov/#!searchResults;rpp=25;po=0;s=EPA-HQ-OPP-2006
-0766;dct=FR%252BPR%252BN%252BO%252BPS 

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