
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Rules and Regulations]
[Pages 95886-95890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31211]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2016-0007 and EPA-HQ-OPP-2016-0008; FRL-9950-40]


Isobutyl Acetate and Isobutyric Acid; Exemption From the 
Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes exemptions from the requirement of 
a tolerance for residues of isobutyl acetate (CAS Reg. No. 110-19-0) 
and isobutyric acid (CAS Reg. No. 79-31-2) when used as inert 
ingredients (solvent) in pesticide formulations applied to growing 
crops and raw agricultural commodities after harvest. Technology 
Sciences Group Inc. on behalf of Jeneil Biosurfactant Company submitted 
a petition to EPA under the Federal Food, Drug, and Cosmetic Act 
(FFDCA), requesting establishment of these exemptions from the 
requirement of a tolerance. This regulation eliminates the need to 
establish maximum permissible levels for residues of isobutyl acetate 
and isobutyric acid.

DATES: This regulation is effective December 29, 2016. Objections and 
requests for hearings must be received on or before February 27, 2017, 
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 dockets for this action, identified by docket 
identification (ID) numbers EPA-HQ-OPP-2016-0007 and EPA-HQ-OPP-2016-
0008, are available at http://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 is (202) 566-1744, and the 
telephone number for the OPP Docket is (703) 305-5805. Please review 
the visitor instructions and additional information about the docket 
available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington,

[[Page 95887]]

DC 20460-0001; main telephone number: (703) 305-7090; email address: 
RDFRNotices@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
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 Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, 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-2016-0007 or EPA-HQ-OPP-2016-0008 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 February 27, 2017. 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-2016-0007 or EPA-HQ-
OPP-2016-0008, by one of the following methods:
     Federal eRulemaking Portal: http://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 http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of April 25, 2016 (81 FR 24044) (FRL-9944-
86), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 
346a, announcing the filing of a pesticide petition (IN-10846 for 
isobutyl acetate; IN-10852 for isobutyric acetate) by Technology 
Sciences Group Inc., (1150 18th Street NW., Suite 1000, Washington, DC 
20036) on behalf of Jeneil Biosurfactant Company (400 N. Dekora Woods 
Blvd. Saukville, WI 53080). The petition requested that 40 CFR 180.910 
be amended by establishing exemptions from the requirement of a 
tolerance for residues of isobutyl acetate (CAS Reg. No. 110-19-0) and 
isobutyric acid (CAS Reg. No. 79-31-2) when used as inert ingredients 
(solvent) in pesticide formulations applied to growing crops and to raw 
agricultural commodities after harvest. That document referenced the 
summaries of the petitions prepared by Technology Sciences Group Inc. 
on behalf of Jeneil Biosurfactant Company, the petitioner, which is 
available in the docket, http://www.regulations.gov. A comment was 
received on the notice of filing concerning petition #IN-10846. EPA's 
response to this comment is discussed in Unit V.B.

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(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. . . .''
    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 appreciable risks 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.

[[Page 95888]]

    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 isobutyl acetate and isobutyric 
acid including exposure resulting from the exemption established by 
this action. EPA's assessment of exposures and risks associated with 
isobutyl acetate and isobutyric acid 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 isobutyl acetate and isobutyric acid 
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.
    Only acute toxicity data are available on isobutyric acid and no 
data are available on isobutyl acetate. However, upon ingestion, 
isobutyl acetate is rapidly and completely hydrolyzed to isobutanol and 
acetic acid. Isobutyric acid is a metabolic product of isobutanol.
    Isobutanol is metabolized by alcohol dehydrogenase to form 
isobutyric acid via conversion to isobutyraldehyde. Therefore, toxicity 
data on isobutanol are considered suitable to assess repeated exposure 
to isobutyl acetate and isobutyric acid. Since acetic acid is currently 
exempted from tolerance under 40 CFR 180.910 without limitation, this 
risk assessment focuses on toxicity data available on isobutanol.
    The acute oral and dermal toxicities are low for isobutyric acid. 
Isobutyric acid has an acute oral lethal dose (LD50) >= 
2,230 milligram/kilogram (mg/kg) in rats and rabbits. The acute dermal 
LD50 = 475 mg/kg in rabbits. The acute inhalation 
LC50 > 9.59 milligram/liter (mg/L) in rats. It is corrosive 
to the eye and skin in rabbits. Isobutyric acid is not a dermal 
sensitizer in rabbits. Isobutanol has an acute oral LD50 >= 
2,830 mg/kg in rats. The acute dermal acute LD50 >= 2,000 
mg/kg in rabbits. The acute inhalation LC50 > 6,000 parts 
per million (ppm) (approximately equivalent to 6,000 mg/L) in rats. 
Isobutanol is severely irritating to the eye and minimally to 
moderately irritating to the skin in rabbits.
    Based on the subchronic data available, isobutanol is not toxic up 
to the limit dose of 1,000 milligram/kilogram/day (mg/kg/day). In a 90-
day oral toxicity study via gavage in rats, hypo-activity, ataxia and 
salivation were observed at 1,000 mg/kg/day of isobutanol. In another 
90-day oral toxicity study with isobutanol via drinking water in rats, 
no adverse effects were observed at doses up to 16,000 ppm 
(approximately 1,450 mg/kg/day), the highest dose tested (HDT). The 
study conducted via drinking water in rats is considered more relevant 
to human exposure and therefore more reflective of potential human 
toxicity.
    In developmental toxicity studies with isobutanol via inhalation in 
rats and rabbits, neither maternal nor developmental toxicity is seen 
at doses up to 10,000 mg/m\3\ (approximately 3,060 mg/kg/day), the HDT 
in both studies and above the limit dose of 1,000 mg/kg/day.
    Similarly, no adverse effects are observed in a two-generation 
reproductive study with isobutanol via inhalation in rats at doses up 
to 2,500 ppm (approximately 2,326 mg/kg/day).
    Carcinogenicity studies with isobutyl acetate, isobutyric acid or 
isobutanol are not available. However, a chronic toxicity study in rats 
treated with isobutantol in drinking water for 53-56 weeks did not show 
any evidence of toxicity or tumors at doses as high as 200 mg/kg/day. 
In addition, no toxicity is observed in other studies at doses below 
1,450 mg/kg/day with isobutanol. Moreover, mutagenicity studies are 
negative with isobutanol and isobutyric acid. An Ames test, unscheduled 
DNA synthesis and mouse lymphoma assay are negative when tested with 
isobutyric acid. The Ames test, mouse lymphoma, Comet and micronucleus 
assays are negative when tested with isobutanol. Therefore, isobutyl 
acetate and isobutyric acid are not expected to be carcinogenic.
    A neurotoxicity screening battery with isobutanol via the 
inhalation route of exposure in rats was available for review. Also, 
neurotoxicity endpoints were evaluated in an acute toxicity study in 
rats with isobutanol via the inhalation route of exposure. No adverse 
effects were observed in the functional observational battery, motor 
activity, schedule control operant behavior or neuropathology at doses 
up to 1,500 ppm (approximately 1,408 mg/kg/day) and 2,500 ppm 
(approximately 2,326 mg/kg/day) in rats in the neurotoxicity screening 
battery and acute toxicity studies, respectively. EPA concluded that 
isobutyl acetate and isobutyric acid are not expected to be neurotoxic.
    Immunotoxicity studies with isobutyric acid and isobutanol are 
available for review. Mouse cell-mediated immune response is not 
modulated by isobutyric acid in a host-resistant assay using Listeria 
monocytogenes. Humoral immunity is unaffected in mice as measured by 
the antibody plaque-forming cell response to sheep erythrocytes. Also, 
a lymphocyte mitogenesis test with isobutanol showed mitogenic activity 
is not inhibited in stimulated B and T cells from mouse spleen. 
Therefore, isobutyl acetate and isobutyric acid are not expected to be 
immunotoxic.
    Metabolism studies are not available for isobutyl acetate. Limited 
data are available on isobutyric acid and isobutanol. A metabolism 
study with a single dose of isobutyric acid via gavage in rats showed 
that it is rapidly metabolized and the majority eliminated as expired 
CO2. Less than 1.0% of the dose is found in feces and 3.21-
4.61% in urine. A metabolism study with isobutanol via gavage in 
rabbits showed that it is rapidly metabolized. 0.5% is excreted in the 
urine or exhaled air. Identified metabolites are isobutyraldehyde, 
isobutyric acid, and isovaleric acid. There is no concern for the 
metabolites isobutyraldehyde and isovaleric acid as they will be 
conjungated and excreted.

B. Toxicological Points of Departure/Levels of Concern

    The available toxicity studies indicate that isobutanol has very 
low toxicity. The lowest NOAEL (316 mg/kg/day) in the database occurred 
in a 90-day oral toxicity study with isobutanol via gavage in rats. 
Hypo-activity, ataxia and salivation were seen at 1,000 mg/kg/day. In a 
second study conducted for 90 days with isobutanol via drinking water 
in rats, the aforementioned effects weren't seen at doses as high 1,450 
mg/kg/day. The drinking water study in rats represents a more realistic 
route for human exposure to isobutyric acid and isobutyl acetate, and 
is considered more reflective of potential toxicity. Therefore, since 
no signs of toxicity were observed at doses up to the limit dose in 
oral and inhalation toxicity studies, an endpoint of concern for risk 
assessment purposes was not identified. Since no endpoint of concern 
was identified for the acute and chronic dietary exposure assessment 
and short and intermediate dermal and inhalation exposure, a 
quantitative risk assessment

[[Page 95889]]

for isobutyric acid and isobutyl acetate is not necessary.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary 
exposure to isobutyl acetate and isobutyric acid, EPA considered 
exposure under the proposed exemption from the requirement of a 
tolerance. EPA assessed dietary exposures from isobutyl acetate and 
isobutyric acid in food as follows:
    Under this exemption from the requirement of a tolerance, residues 
of isobutyl acetate and isobutyric acid may be found on foods from 
crops that were treated with pesticide formulations containing isobutyl 
acetate and isobutyric acid. However, a quantitative dietary exposure 
assessment was not conducted since a toxicological endpoint for risk 
assessment was not identified.
    2. Dietary exposure from drinking water. Since a hazard endpoint of 
concern was not identified for the acute and chronic dietary 
assessment, a quantitative dietary exposure risk assessment for 
drinking water was not conducted, although exposures may be expected 
from use on food crops.
    3. 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, and tables).
    Isobutyl acetate and isobutyric acid may be used in pesticide 
products and non-pesticide products that may be used in and around the 
home. Based on the discussion in Unit IV.B., a quantitative residential 
exposure assessment for isobutyl acetate and isobutyric acid was not 
conducted.
    4. 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 available data, isobutyl acetate and isobutyric acid 
do not have a toxic mechanism; therefore, section 408(b)(2)(D)(v) does 
not apply.

D. Safety Factor for Infants and Children

    1. In general. 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 Safety Factor (FQPA 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.
    As part of its qualitative assessment, the Agency did not use 
safety factors for assessing risk, and no additional safety factor is 
needed for assessing risk to infants and children. Based on an 
assessment of isobutyl acetate and isobutyric acid, EPA has concluded 
that there are no toxicological endpoints of concern for the U.S. 
population, including infants and children.

E. Aggregate Risks and Determination of Safety

    Because no toxicological endpoints of concern were identified, EPA 
concludes that aggregate exposure to residues of isobutyl acetate and 
isobutyric acid will not pose a risk to the U.S. population, including 
infants and children, and that there is a reasonable certainty that no 
harm will result to the general population, or to infants and children 
from aggregate exposure to isobutyl acetate and isobutyric acid 
residues.

V. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since 
the Agency is establishing an exemption from the requirement of a 
tolerance without any numerical limitation.

B. Response to Comments

    A comment was received from a private citizen who was concerned 
about the safety and impact pesticides on food on human health. The 
Agency understands the commenter's concerns and recognizes that some 
individuals believe that no residue of pesticides should be allowed. 
However, under the existing legal framework provided by section 408 of 
the Federal Food, Drug and Cosmetic Act (FFDCA), EPA is authorized to 
establish pesticide tolerances or exemptions where persons seeking such 
tolerances or exemptions have demonstrated that the pesticide meets the 
safety standard imposed by the statute, which EPA has determined here.

VI. Conclusions

    Therefore, exemptions from the requirement of a tolerance are 
established under 40 CFR 180.910 for residues of isobutyl acetate (CAS 
Reg. No. 110-19-0) and isobutyric acid (CAS Reg. No. 79-31-2) when used 
as inert ingredients (solvent) in pesticide formulations applied to 
growing crops and raw agricultural commodities after harvest.

VII. Statutory and Executive Order Reviews

    This action establishes tolerance exemptions 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

[[Page 95890]]

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 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).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: December 16, 2016.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.


0
2. In Sec.  180.910, add alphabetically the inert ingredients to the 
table to read as follows:


Sec.  180.910  Inert ingredients used pre- and post-harvest; exemptions 
from the requirement of a tolerance.

------------------------------------------------------------------------
       Inert ingredients                Limits                Uses
------------------------------------------------------------------------
 
                              * * * * * * *
Isobutyl Acetate (CAS Reg. No.   ....................  Solvent.
 110-19-0).
Isobutyric Acid (CAS Reg. No.    ....................  Solvent.
 79-31-2).
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2016-31211 Filed 12-28-16; 8:45 am]
BILLING CODE 6560-50-P


