[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Rules and Regulations]
[Pages 20178-20185]
[FR Doc No: 2020-06160]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2018-0208; FRL-10006-28-Region 6]

Air Plan Approval; Oklahoma; Updates to the General SIP and New
Source Review Permitting Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving identified portions
of revisions to the State Implementation Plan (SIP) for Oklahoma
submitted by the State of Oklahoma designee by letters dated May 16,
1994; July 26, 2010; January 8, 2018; May 16, 2018; and December 19,
2018, and as clarified by letter dated May 16, 2018. This action
addresses submitted revisions to the Oklahoma SIP pertaining to the
incorporation by reference of federal requirements, updates to the
general SIP provisions, and updates to the New Source Review (NSR)
permit programs to address public notice and modeling requirements,
including certain statutory provisions.

DATES: This rule is effective on May 11, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2018-0208. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through https://www.regulations.gov or
in hard copy at the EPA Region 6 Office, 1201 Elm Street, Suite 500,
Dallas, Texas 75270.

FOR FURTHER INFORMATION CONTACT: Adina Wiley, EPA Region 6 Office, Air
Permits Section, 1201 Elm Street, Suite 500, Dallas, TX 75270, 214-665-
2115<EMAIL_ADDRESS>To inspect the hard copy materials, please
schedule an appointment with Ms. Adina Wiley or Mr. Bill Deese at 214-
665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our
December 3, 2019 proposal (84 FR 66103). In that document we proposed
to approve revisions to the Oklahoma SIP submitted on May 16, 1994;
July 26, 2010; January 8, 2018; May 16, 2018; and December 19, 2018,
and as clarified by letter dated May 16, 2018. The revisions include
the incorporation by reference dates for federal requirements and
updates to the NSR Prevention of Significant Deterioration (PSD) and
Nonattainment NSR permitting programs to maintain consistency with
federal requirements. Our proposal included an analysis of these
provisions and made a preliminary determination that the revisions were
developed in accordance with the CAA and EPA's regulations, policy, and
guidance for SIP development and NSR permitting.
    We received one relevant comment on our proposed approval; the
comment and our response are presented below.

II. Response to Comments

    Comment: The commenter stated that the EPA needs to be clearer when
it is approving regulations into the SIP, especially when acting on
multiple SIP submittals at once. As an example, the commenter noted
that the EPA appears to be trying to approve the January 8, 2018, and
December 19, 2018 versions of Oklahoma Administrative Code (OAC)
252:100, Subchapter 2 and Appendix Q, both of which incorporate by
reference federal rules as of a date certain. The commenter maintained
that the EPA cannot approve both versions simultaneously, because the
SIP can only incorporate by reference one version of the federal rules
at a time. The commenter asserted that the EPA must find all instances
of overlapping rules in all the SIP submissions and only approve one.
Once the EPA decides which of the overlapping rules should be approved
(i.e., which submission is more recent), the commenter stated that the
EPA must then disapprove the older versions of the rule as moot. The
commenter concluded that the EPA approval of multiple overlapping SIPs
would simply confuse the public.
    Response: We agree with the commenter that action on multiple SIP
submittals in a single rulemaking can present unique challenges;
however, we present the following discussion in order to clarify our
action and ensure the commenter, as well as the public, that we are
approving only one version of each State regulation addressed by this
action, as identified in the amendatory language included below. The
Technical Support Document (TSD) associated with this rulemaking
identifies each time the State regulatory section has been revised and
submitted by Oklahoma as a proposed SIP revision. For each submission,
our TSD provides a line-by-line evaluation of whether the submitted
revision is approvable under federal requirements. Where a section has
been revised multiple times, our TSD will show these multiple
submissions side-by-side with a corresponding evaluation as to the
approvability of the revisions. The amendatory language included in
this final rule revises the Oklahoma SIP at 40 CFR 52.1920 based on the
analysis presented in our TSD and the December 3, 2019 proposal. For
example, the table at 40 CFR 52.1920(c) titled ``EPA Approved Oklahoma
Regulations'' identifies each component of the Oklahoma SIP by the
state citation, name of the section, state effective date, date and
citation of EPA's final approval, and any comments pertinent to that
section. Finally, the commenter is incorrect in stating that the EPA
must disapprove older versions of the submitted rules as moot. As
demonstrated in the TSD, the sequential Oklahoma regulations build on
the earlier revisions. To disapprove older submittals as moot would be
contrary to the State's intended rulemaking. No changes have been made
as a result of this comment.

III. Final Action

    We are approving the following as revisions to the Oklahoma SIP:
     Removal of Regulation 3.8, adopted on March 30, 1994,
submitted May 16, 1994;
     New OAC 252:100-8-36.1, Public Participation, adopted on
April 28, 2006, effective on June 15, 2006, submitted July 16, 2010;
     Submitted on January 8, 2018:
    [cir] Revisions to OAC 252:100-1-3, Definitions, adopted on June
13, 2017 and effective September 15, 2017;
    [cir] Revisions to OAC 252:100-2-3 and Appendix Q for Incorporation
by Reference, adopted on June 13, 2017 and effective September 15,
2017;
    [cir] Revisions to OAC 252:100-8-31, Definitions, adopted on June
13, 2017 and effective September 15, 2017;
    [cir] Revisions to OAC 252:100-8-33, Exemptions, adopted on June
13, 2017 and effective September 15, 2017;
    [cir] Revisions to OAC 252:100-8-35, Air quality impact evaluation,
adopted on June 13, 2017 and effective September 15, 2017; and
    [cir] Revisions to OAC 252:100-8-51.1, Emissions reductions and
offsets, adopted on June 13, 2017 and effective September 15, 2017.
     Submitted on May 16, 2018:
    [cir] Revisions to OAC 252:4-1-2, Definitions, adopted on June 9,
2016, effective September 15, 2016;
    [cir] Revisions to OAC 252:4-1-3, Organization, adopted on April
25, 2013, effective July 1, 2013, and revisions adopted on June 9,
2016, effective September 15, 2016;
    [cir] Revisions to OAC 252:4-1-5, Availability of a record, adopted
on May 6, 2005, effective June 15, 2005, and revisions adopted on April
25, 2013, effective July 1, 2013;
    [cir] Revisions to OAC 252:4-1-6, Administrative fees, adopted on
May 6, 2005, effective June 15, 2005;
    [cir] Revisions to OAC 252:4-3-1, Meetings, adopted on March 27,
2007, effective June 15, 2007;
    [cir] Revisions to OAC 252:4-7-5, Fees and fee refunds, adopted on
June 13, 2017, effective September 15, 2017;
    [cir] Revisions to OAC 252:4-7-13, Notices, adopted on March 25,
2003, effective June 1, 2003, except for OAC 252:4-7-13(g)(4); and
revisions adopted June 13, 2017, effective September 15, 2017;
    [cir] Revisions to OAC 252:4-7-15, Permit issuance or denial,
adopted on May 28, 2002, effective June 1, 2002, and revisions adopted
April 25, 2013, effective July 1, 2013;
    [cir] Revisions to OAC 252:4-7-18, Pre-issuance permit review and
correction, adopted April 25, 2013, effective July 1, 2013;
    [cir] New OAC 252:4-7-20, Agency review of final permit decision,
adopted April 25, 2013, effective July 1, 2013;
    [cir] Revisions to OAC 252:4-7-32, Air quality applications--Tier
I, adopted March 25, 2003, effective June 1, 2003;
    [cir] Revisions to OAC 252:4-7-33, Air quality applications--Tier
II, adopted March 25, 2003, effective June 1, 2003, except for OAC
252:4-7-33(c)(4);
    [cir] Revisions to OAC 252:4-9-32, Individual proceedings filed by
others, as adopted on May 1, 2009, effective July 1, 2009 and revisions
adopted April 25, 2013, effective July 1, 2013;
    [cir] Revisions to OAC 252:4-9-51, In general, adopted on March 24,
2004, effective June 1, 2004;
    [cir] Revisions to OAC 252:4-9-52, Individual proceedings, adopted
on March 24, 2004, effective June 1, 2004;
    [cir] New OAC 252:4-17, Electronic Reporting, sections OAC 252:4-
17-1--OAC 252:4-17-7, adopted April 27, 2007, effective June 15, 2017;
    [cir] Revisions to OAC 252:4-17-2, Definitions, adopted June 9,
2016, effective September 15, 2016;
    [cir] Revisions to OAC 252:4-17-4, Electronic signature agreement,
adopted

June 9, 2016, effective September 15, 2016;
    [cir] Letter to Ms. Anne Idsal, Regional Administrator, EPA Region
6, dated May 16, 2018 regarding ``Clarification of PSD Public
Participation Procedures under 2017 Revisions to the Oklahoma State
Implementation Plan (SIP)'';
    [cir] Definitions of ``Process Meeting'' and ``Response to
Comments'' at 27A Oklahoma Statutes (O.S.) 2-14-103 added July 1, 1994,
and last modified and effective November 1, 2015;
    [cir] The provisions for notification to an affected state at 27A
O.S. 2-5-112(E) added May 15, 1992, and last modified and effective
June 3, 2004;
    [cir] 27A O.S. 2-14-301, 2-14-302, and 2-14-303 added and in effect
July 1, 1996;
    [cir] 27A O.S. 2-14-304 added July 1, 1996, and last modified and
effective May 9, 2002;
    [cir] Definition of ``Record'' at 51 O.S. 24A.3, added November 1,
1985, and last modified and effective November 1, 2014;
    [cir] The requirement to maintain, and the description of the
contents of the rulemaking record at 75 O.S. 302(B) promulgated in 1963
and last modified and effective November 1, 1998;
    [cir] The process for adoption, amendment or revocation of a rule
at 75 O.S. 303 promulgated in 1963 and last modified and affective
November 1, 2013; and
    [cir] Definition of ``Meeting'' at 25 O.S. 304(2) added October 1,
1977, and last modified and effective in 2010.
     Submitted December 19, 2018:
    [cir] Revisions to OAC 252:100-2-3 and Appendix Q adopted on June
18, 2018 and effective September 15, 2018; and
    [cir] Revisions to OAC 252:100-8-35, Air quality impact evaluation,
adopted on June 18, 2018 and effective September 15, 2018.
    The EPA finds that the provisions in OAC 252:4-1-1, 4-1-2, 4-1-3,
4-1-4, 4-1-5, 4-1-6, 4-1-7, 4-1-8, and 4-1-9, and OAC 252:100-5-1, 5-
1.1 and 5-2.2 are applicable to the entirety of the Oklahoma SIP and
the amendatory language table at 40 CFR 52.1920(c) is modified to
reflect this finding. Additionally, the EPA is removing the
disapprovals listed in 40 CFR 52.1922(b)(2), (b)(3), (b)(4), and (c),
because the state has submitted appropriate revisions to the SIP to
correct the disapprovals.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference the
revisions to the Oklahoma regulations as described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 6 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the SIP, have been incorporated by reference by the
EPA into that plan, are fully federally enforceable under sections 110
and 113 of the CAA as of the effective date of the final rulemaking of
EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action 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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 9, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 19, 2020.
Kenley McQueen,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart LL--Oklahoma

0
2. In Sec.  52.1920:
0
a. In paragraph (c), amend the table titled ``EPA Approved Oklahoma
Regulations'' by:
0
i. Removing the entries for Regulation ``3.8'', ``3.8(a)'', ``3.8(b)'',
and ``3.8(c)'';
0
ii. Adding entries for ``52:4-7-20'', ``252:4-17-1'', ``252:4-17-2'',
``252:4-17-3'', ``252:4-17-4'', ``252:4-17-5'', ``252:4-17-6'',
``252:4-17-7'', ``252:100-8-36.1''; and
0
iii. Revising the entries for ``252:4-1-1''; ``252:4-1-2''; ``252:4-1-
3''; ``252:4-1-4''; ``252:4-1-5''; ``252:4-1-6''; ``252:4-1-7'';
``252:4-1-8''; ``252:4-1-9''; ``252:4-3-1''; ``252:4-7-5''; ``252:4-7-
13''; ``252-4-7-15''; ``252:4-7-18''; ``252:4-7-32''; ``252:4-7-33'';
``252:4-9-32''; ``252:4-9-51''; ``252:4-9-52''; ``252:100-1-3'';
``252:100-2-3''; ``252:100-5-1''; ``252:100-5-1.1''; ``252:100-5-2.2'';
``252:100-8-31''; ``252:100-8-33''; ``252:100-8-35''; ``252:100-8-
51.1''; and ``252:100, Appendix Q''.
0
b. In paragraph (e),
0
i. Amend the table titled ``EPA-Approved Nonregulatory Provisions and
Quasi-Regulatory Measures in the Oklahoma SIP'' by adding an entry for:
``Letter to Ms. Anne Idsal, Regional Administrator, EPA Region 6, dated
May 16, 2018 regarding ``Clarification of PSD Public Participation
Procedures under 2017 Revisions to the Oklahoma State Implementation
Plan''.''
0
ii. Amend the second table titled ``EPA Approved Statutes in the
Oklahoma SIP'' by adding entries for ``25 O.S. 304(2)'', ``27A O.S. 2-
5-112(E)'', ``2-14-103, O.S. 2-14-301'', ``2-14-302'', ``2-14-303'',
``2-14-304''; ``51 O.S. 24A.3'', ``75 O.S. 302(B)'', and ``75 O.S.
303''.
    The additions and revisions read as follows:

Sec.  52.1920   Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Oklahoma Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                  OKLAHOMA ADMINISTRATIVE CODE, TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY
----------------------------------------------------------------------------------------------------------------
                             Chapter 4 (OAC 252:4). Rules of Practice and Procedure
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 1. General Provisions
----------------------------------------------------------------------------------------------------------------
252:4-1-1........................  Purpose and               6/11/2001  4/10/2020, [Insert
                                    authority.                           Federal Register
                                                                         citation].
252:4-1-2........................  Definitions........       9/15/2016  4/10/2020, [Insert   ...................
                                                                         Federal Register
                                                                         citation].
252:4-1-3........................  Organization.......       9/15/2016  4/10/2020, [Insert   ...................
                                                                         Federal Register
                                                                         citation].
252:4-1-4........................  Office location and       6/11/2001  4/10/2020, [Insert   ...................
                                    hours;                               Federal Register
                                    communications.                      citation].
252:4-1-5........................  Availability of a          7/1/2013  4/10/2020, [Insert   ...................
                                    record.                              Federal Register
                                                                         citation].
252:4-1-6........................  Administrative fees       6/15/2005  4/10/2020, [Insert   ...................
                                                                         Federal Register
                                                                         citation].
252:4-1-7........................  Fee credits for           6/11/2001  4/10/2020, [Insert   ...................
                                    regulatory fees.                     Federal Register
                                                                         citation].
252:4-1-8........................  Board and councils.       6/11/2001  4/10/2020, [Insert   ...................
                                                                         Federal Register
                                                                         citation].
252:4-1-9........................  Severability.......       6/11/2001  4/10/2020, [Insert   ...................
                                                                         Federal Register
                                                                         citation].
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 3. Meetings and Public Forums
----------------------------------------------------------------------------------------------------------------
252:4-3-1........................  Meetings...........       6/15/2007  4/10/2020, [Insert
                                                                         Federal Register
                                                                         citation].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                   Subchapter 7. Environmental Permit Process
----------------------------------------------------------------------------------------------------------------
                                               Part 1. The Process
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
252:4-7-5........................  Fees and fee              9/15/2017  4/10/2020, [Insert   Applicable to minor
                                    refunds.                             Federal Register     NSR permitting
                                                                         citation].           under OAC 252:100-
                                                                                7 and major NSR
                                                                                permitting under
                                                                                OAC 252:100-8.

                                                  * * * * * * *
252:4-7-13.......................  Notices............       9/15/2017  4/10/2020, [Insert   The SIP does NOT
                                                                         Federal Register     include (e), (f),
                                                                         citation].           or (g)(4).
                                                                                Applicable to
                                                                                minor NSR
                                                                                permitting under
                                                                                OAC 252:100-7 and
                                                                                major NSR
                                                                                permitting under
                                                                                OAC 252:100-8.

                                                  * * * * * * *
252:4-7-15.......................  Permit issuance or         7/1/2013  4/10/2020, [Insert   Applicable to minor
                                    denial.                              Federal Register     NSR permitting
                                                                         citation].           under OAC 252:100-
                                                                                7 and major NSR
                                                                                permitting under
                                                                                OAC 252:100-8.

                                                  * * * * * * *
252:4-7-18.......................  Pre-issuance permit        7/1/2013  4/10/2020, [Insert   Applicable to minor
                                    review and                           Federal Register     NSR permitting
                                    correction.                          citation].           under OAC 252:100-
                                                                                7 and major NSR
                                                                                permitting under
                                                                                OAC 252:100-8.

                                                  * * * * * * *
252:4-7-20.......................  Agency review of           7/1/2013  4/10/2020, [Insert   ...................
                                    final permit                         Federal Register
                                    decision.                            citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Part 3. Air Quality Division Tiers and Time Lines
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
252:4-7-32.......................  Air quality                6/1/2003  4/10/2020, [Insert   Applicable to minor
                                    applications--Tier                   Federal Register     NSR permitting
                                    I.                                   citation].           under OAC 252:100-
                                                                                7.
                                                                                The SIP does NOT
                                                                                include (a), (b),
                                                                                or (c)(1).
252:4-7-33.......................  Air quality                6/1/2003  4/10/2020, [Insert   The SIP does NOT
                                    applications--Tier                   Federal Register     include (c)(4).
                                    II.                                  citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 9. Administrative Proceedings
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                         Part 3. Individual Proceedings
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
252:4-9-32.......................  Individual                 7/1/2013  4/10/2020, [Insert
                                    proceedings filed                    Federal Register
                                    by others.                           citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  Part 5. Air Quality Advisory Council Hearings
----------------------------------------------------------------------------------------------------------------
252:4-9-51.......................  In general.........        6/1/2004  4/10/2020, [Insert
                                                                         Federal Register
                                                                         citation].
252:4-9-52.......................  Individual                 6/1/2004  4/10/2020, [Insert   ...................
                                    proceedings.                         Federal Register
                                                                         citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Subchapter 17. Electronic Reporting
----------------------------------------------------------------------------------------------------------------
252:4-17-1.......................  Purpose, authority        6/15/2007  4/10/2020, [Insert
                                    and applicability.                   Federal Register
                                                                         citation].

252:4-17-2.......................  Definitions........       9/15/2016  4/10/2020, [Insert
                                                                         Federal Register
                                                                         citation].
252:4-17-3.......................  Use of electronic         6/15/2007  4/10/2020, [Insert
                                    document receiving                   Federal Register
                                    system.                              citation].
252:4-17-4.......................  Electronic                9/15/2016  4/10/2020, [Insert
                                    signature                            Federal Register
                                    agreement.                           citation].
252:4-17-5.......................  Valid electronic          6/15/2007  4/10/2020, [Insert
                                    signature.                           Federal Register
                                                                         citation].
252:4-17-6.......................  Effect of                 6/15/2007  4/10/2020, [Insert
                                    electronic                           Federal Register
                                    signature.                           citation].
252:4-17-7.......................  Enforcement........       6/15/2007  4/10/2020, [Insert   ...................
                                                                         Federal Register
                                                                         citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Chapter 100 (OAC 252:100). Air Pollution Control
----------------------------------------------------------------------------------------------------------------
                                        Subchapter 1. General Provisions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
252:100-1-3......................  Definitions........       9/15/2017  4/10/2020, [Insert
                                                                         Federal Register
                                                                         citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 2. Incorporation by Reference
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
252:100-2-3......................  Incorporation by          9/15/2018  4/10/2020, [Insert
                                    reference.                           Federal Register
                                                                         citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                    Subchapter 5. Registration, Emission Inventory and Annual Operating Fees
----------------------------------------------------------------------------------------------------------------
252:100-5-1......................  Purpose............       6/11/2001  4/10/2020, [Insert
                                                                         Federal Register
                                                                         citation].
252:100-5-1.1....................  Definitions........       6/15/2007  4/10/2020, [Insert
                                                                         Federal Register
                                                                         citation].

                                                  * * * * * * *
252:100-5-2.2....................  Annual operating          6/11/2001  4/10/2020, [Insert   ...................
                                    fees.                                Federal Register
                                                                         citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Subchapter 8. Permits for Part 70 Sources
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
             Part 7. Prevention of Significant Deterioration (PSD) Requirements for Attainment Areas
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
252:100-8-31.....................  Definitions........       9/15/2017  4/10/2020, [Insert
                                                                         Federal Register
                                                                         citation].

                                                  * * * * * * *
252:100-8-33.....................  Exemptions.........       9/15/2017  4/10/2020, [Insert   ...................
                                                                         Federal Register
                                                                         citation].

                                                  * * * * * * *
252:100-8-35.....................  Air quality impact        9/15/2018  4/10/2020, [Insert
                                    evaluation.                          Federal Register
                                                                         citation].

                                                  * * * * * * *
252:100-8-36.1...................  Public                    6/15/2006  4/10/2020, [Insert
                                    participation.                       Federal Register
                                                                         citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                               Part 9. Major Sources Affecting Nonattainment Areas
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
252:100-8-51.1...................  Emission reductions       9/15/2017  4/10/2020, [Insert
                                    and offsets.                         Federal Register
                                                                         citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Appendices for OAC 252: Chapter 100
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
252:100, Appendix Q..............  Incorporation by          9/15/2018  4/10/2020, [Insert   SIP only includes
                                    reference.                           Federal Register     specified portions
                                                                         citation].           of 40 CFR parts
                                                                                50, 51, and 98, as
                                                                                referenced in
                                                                                252:100, Appendix
                                                                                Q.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

             EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
                                        Applicable
      Name of SIP provision           geographic or          State       EPA  approval date      Explanation
                                    nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Letter to Ms. Anne Idsal,          Statewide..........      05/16/2018  4/10/2020, [Insert
 Regional Administrator, EPA                                             Federal Register
 Region 6, dated May 16, 2018                                            citation].
 regarding ``Clarification of PSD
 Public Participation Procedures
 under 2017 Revisions to the
 Oklahoma State Implementation
 Plan''.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

                                    EPA Approved Statutes in the Oklahoma SIP
----------------------------------------------------------------------------------------------------------------
                                                           State
        State citation             Title/subject      effective date    EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
25 O.S. 304(2)...............  Oklahoma Open               8/27/2010  4/10/2020, [Insert    SIP only includes
                                Meetings Act.                          Federal Register      the definition of
                                                                       citation].            ``Meeting''.
27A O.S. 2-5-112(E)..........  Oklahoma Clean Air           6/3/2004  4/10/2020, [Insert    SIP only includes
                                Act; Implementation                    Federal Register      the provisions for
                                of Comprehensive                       citation].            notification to an
                                Permitting Program.                                          affected state.
27A O.S. 2-14-103............  Uniform Environmental       11/1/2015  4/10/2020, [Insert    SIP only includes
                                Permitting Act;                        Federal Register      definitions of
                                Definitions.                           citation].            ``Process Meeting''
                                                                                and ``Response to
                                                                                Comments''.
27A O.S. 2-14-301............  Uniform Environmental        7/1/1996  4/10/2020, [Insert
                                Permitting Act;                        Federal Register
                                Notice.                                citation].
27A O.S. 2-14-302............  Uniform Environmental        7/1/1996  4/10/2020, [Insert
                                Permitting Act;                        Federal Register
                                Preparation of Draft                   citation].
                                Denial or Permit.
27A O.S. 2-14-303............  Uniform Environmental        7/1/1996  4/10/2020, [Insert
                                Permitting Act;                        Federal Register
                                Formal Public                          citation].
                                Meeting.
27A O.S. 2-14-304............  Uniform Environmental        5/9/2002  4/10/2020, [Insert
                                Permitting Act;                        Federal Register
                                Draft Permits or                       citation].
                                Denials for Tier
                                Applications.

51 O.S. 24A.3................  Oklahoma Open Records       11/1/2014  4/10/2020, [Insert    SIP only includes
                                Act; Definitions.                      Federal Register      the definition of
                                                                       citation].            ``Record''.
75 O.S. 302(B)...............  Administrative              11/1/1998  4/10/2020, [Insert    SIP only includes
                                Procedures Act;                        Federal Register      the requirement to
                                Promulgation of                        citation].            maintain, and the
                                certain rules--                                              description of the
                                Public inspection of                                         contents of the
                                rules, orders,                                               rulemaking record.
                                decision and
                                opinions--Rulemaking
                                record--Prohibited
                                actions--Violations.
75 O.S. 303..................  Administrative              11/1/2013  4/10/2020, [Insert    SIP only includes
                                Procedures Act;                        Federal Register      the process for
                                Adoption, amendment                    citation].            adoption, amendment
                                or revocation of                                             or revocation of a
                                rule.                                                        rule.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. In Sec.  52.1922 revise paragraph (b) and remove paragraph (c).
    The revision reads as follows:

Sec.  52.1922  Approval status.

* * * * *
    (b) The EPA is disapproving the following severable portions of the
February 6, 2012, Oklahoma SIP submittal:
    (1) Revisions establishing Minor New Source Review Greenhouse Gas
(GHG) permitting requirements at OAC 252:100-7-2.1 as submitted on
February 6, 2012.
    (2) [Reserved].
* * * * *
[FR Doc. 2020-06160 Filed 4-9-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Notices]
[Pages 21078-21080]
[FR Doc No: 2011-9073]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64286; File No. SR-Phlx-2011-50]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Singly Listed and Multiply Listed Indexes

April 8, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on April 8, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change as described in Items I, II, and III below,
which Items have been prepared by the Exchange. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's Fee Schedule to
discontinue assessing an Options Surcharge Fee for RMN.\3\
---------------------------------------------------------------------------

    \3\ RMN represents options on the one-tenth value Russell
2000[supreg] Index (the ``Reduced Value Russell Index'' or ``RMN'').
---------------------------------------------------------------------------

    The Exchange also proposes to remove specific symbol references to
certain indexes in the title of Section II of the Exchange's Fee
Schedule captioned, ``Equity Options Fees (Includes options overlying
equities, ETFs, ETNs, HOLDRS, BKX, RUT, RMN, MNX, NDX which are
Multiply Listed)'' and instead substitute the word ``indexes.'' The
Exchange proposes to make other conforming changes in the Fee Schedule.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqtrader.com/micro.aspx?id=PHLXfilings, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed

any comments it received on the proposed rule change. The text of these
statements may be examined at the places specified in Item IV below.
The Exchange has prepared summaries, set forth in sections A, B, and C
below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to discontinue assessing
an Options Surcharge for RMN because that index is no longer Multiply
Listed and the license fee costs would be absorbed in the fees assessed
on Singly Listed products.\4\ The Exchange currently assesses an
Options Surcharge for RUT,\5\ RMN, MNX \6\ and NDX \7\ of $.15 per
contract for Specialists, ROTs, SQTs \8\ and RSQTs,\9\ Broker Dealers
and Firms. The Exchange will continue to assess an Options Surcharge
for RUT, MNX, NDX and BKX.
---------------------------------------------------------------------------

    \4\ RMN recently became a Singly Listed index option. The
Exchange assesses higher fees for Singly Listed options as there are
increased costs associated with those products.
    \5\ RUT represents the options on the Russell 2000[reg] Index
(the ``Full Value Russell Index'' or ``RUT'').
    \6\ MNX represents options on the one-tenth value of the Nasdaq
100 Index traded under the symbol MNX (``MNX'').
    \7\ NDX represents options on the Nasdaq 100 Index traded under
the symbol NDX (``NDX'').
    \8\ An SQT is defined in Exchange Rule 1014(b)(ii)(A) as an ROT
who has received permission from the Exchange to generate and submit
option quotations electronically in options to which such SQT is
assigned.
    \9\ A RSQT is defined Exchange Rule in 1014(b)(ii)(B) as an ROT
that is a member or member organization with no physical trading
floor presence who has received permission from the Exchange to
generate and submit option quotations electronically in options to
which such RSQT has been assigned. An RSQT may only submit such
quotations electronically from off the floor of the Exchange.
---------------------------------------------------------------------------

    The purpose of this rule change is also to make the title of
Section II of the Fee Schedule more general to address when a
particular option switches from a Multiply Listed to a Singly Listed
product. Specifically, the Exchange is amending Section II of the Fee
Schedule, titled ``Equity Options Fees (Includes options overlying
equities, ETFs, ETNs, HOLDRS, BKX, RUT, RMN, MNX, NDX which are
Multiply Listed)'' to ``Equity Options Fees (Includes options overlying
equities, ETFs, ETNs, indexes and HOLDRS, which are Multiply Listed).''
The Exchange is proposing to remove specific references to certain
index symbols, namely BKX,\10\ RUT, RMN, MNX and NDX, in the heading
and instead use the broader term ``indexes'' in order to account for a
circumstance where one of these named index options becomes Singly
Listed.\11\ The broader term ``indexes'' would clarify that only index
options that are Multiply Listed would be assessed the fees in Section
II. Index options that are Singly Listed options would continue to be
assessed the fees in Section III, which applies to options overlying
currencies, equities, ETFs, ETNs, indexes and HOLDRs not listed on
another exchange.
---------------------------------------------------------------------------

    \10\ BKX represents the KBW Bank Index.
    \11\ RMN recently became a Singly Listed index option. This
proposed amendment would remove RMN from Section II of the Fee
Schedule as well as the other specifically named index symbols and
instead refer to indexes generally.
---------------------------------------------------------------------------

    The Exchange is proposing to make this change in the Preface
Section of the Fee Schedule as well as references to Section II fees in
Section IV, titled ``PIXL Pricing.''
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \12\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \13\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members and other persons using its
facilities.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that it is reasonable to not assess an
Options Surcharge on RMN, a Singly Listed index option, because the
license costs, which are recouped by the Options Surcharge Fee, are
absorbed in the higher fees assessed to Singly Listed index options.
    The Exchange believes that it is reasonable to remove the specific
references to certain index symbols and instead insert the reference to
``indexes'' because the reference to the category of products is
consistent with the remainder of the Fee Schedule \14\ and more
accurately describes the category of products applicable to Section II
of the Fee Schedule.
---------------------------------------------------------------------------

    \14\ See Section III of the Fee Schedule titled ``Singly Listed
Options (Includes options overlying currencies, equities, ETFs,
ETNs, indexes and HOLDRS not listed on another exchange), where the
broader term ``indexes'' is utilized.
---------------------------------------------------------------------------

    The Exchange believes that the proposals to not assess an Options
Surcharge on RMN and remove specific references to index symbols and
insert the reference to ``indexes'' are equitable because these
proposals would uniformly apply to members and member organizations
trading Singly Listed and Multiply Listed products.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\15\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2011-50 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2011-50. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's

Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the
submission, all subsequent amendments, all written statements with
respect to the proposed rule change that are filed with the Commission,
and all written communications relating to the proposed rule change
between the Commission and any person, other than those that may be
withheld from the public in accordance with the provisions of 5 U.S.C.
552, will be available for Web site viewing and printing in the
Commission's Public Reference Room, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of the filing also will be available for inspection and
copying at the principal office of the Exchange. All comments received
will be posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-Phlx-2011-50 and should be submitted on
or before May 5, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy Ahn,
Deputy Secretary.
[FR Doc. 2011-9073 Filed 4-13-11; 8:45 am]
BILLING CODE 8011-01-P


  SEQ CHAPTER \h \r 1

	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

MEMORANDUM

Date:		27-May-2009

Subject:	Spinetoram.  Application of Spinetoram to Date, Pomegranate,
Pineapple, Spice (subgroup 19B; except black pepper), Hop, Tree Nuts
(crop group 14), and Pistachio.  Summary of Analytical Chemistry and
Residue Data.

PC Code:  110008	DP Barcodes:  D358160

Decision No.:  401004	Registration No.:  62719-541 and 62719-545

Petition No.:  8E7450	Regulatory Action:  Section 3 Registration and
Label Amendment

Risk Assessment Type:  not applicable	Case No.:  not applicable

TXR No.:  not applicable	CAS No.:  187166-40-1 and 187166-15-0

MRID No:  none	40 CFR:  180.635

From:		Tom Bloem, Chemist

			Health Effects Division/Risk Assessment Branch 1 (HED/RAB1; 7509P)

Through:	George F. Kramer, Ph.D., Senior Chemist

			HED/RAB1 (7509P)

To:			Daniel Rosenblatt (RM 05)

			Registration Division (7505P)

The Interregional Research Project Number 4 (IR-4) requested a Section 3
registration for application of spinetoram to date, pomegranate,
pineapple, spice (subgroup 19B; except black pepper), and hop and a
label amendment for pistachio and tree nuts (crop group 14).  The
petitioner is also proposing the establishment of the following
tolerances for the combined residues of XDE-175-J, XDE-175-L, ND-J, NF-J
(see attachment 1 for structures and names):  almond, hulls - 9.0 ppm;
nut, tree, group 14 - 0.08 ppm; pistachio - 0.08 ppm; date - 0.1 ppm;
pomegranate - 0.3 ppm; pineapple - 0.02 ppm; pineapple, processed waste
- 0.08 ppm; spice, subgroup 19B, except black pepper - 1.7 ppm; and hop,
dried cones - 22 ppm.

Executive Summary

Background:  Spinetoram (XDE-175) is a multicomponent tetracyclic
macrolide developed for the control of lepidopterous larvae, leafminers,
and thrips on a variety of crops.  It consists of two closely related
active ingredients, XDE-175-J and XDE-175-L, present in an approximate
3:1 ratio (J:L; see attachment 1 for structures).  Spinetoram is a
fermentation product of Saccharopolyspora spinosa and is an analogue of
the insecticide spinosad (PC code 110003); its mode of action is
disruption of nicotinic/gamma amino butyric acid (GABA)-gated chloride
channels.  The petitioner is requesting a Section 3 registration for
application of spinetoram to date, pomegranate, pineapple, spice
(subgroup 19B; except black pepper), and hop and a label amendment for
tree nuts (crop group 14) and pistachio.

Application Scenarios:  The petitioner submitted supplemental labeling
for Delegate WG™ (water dispersible granule; 25% ai; EPA Reg. No.
62719-541) and Radiant™ SC (soluble concentrate; 1 lb ai/gal; EPA Reg.
No. 62719-545).  Table 3 is a summary of the proposed application
scenarios.  The petitioner should submit a revised Section B specifying
a 7-day retreatment (RTI) for dates (Delegate WG™ (25% ai; EPA Reg.
No. 62719-541)) and 30-day plant-back interval (PBI) for all non-labeled
crops following application to spices (subgroup 19B, except black
pepper; Radiant™ SC (1 lb ai/gal; EPA Reg. No. 62719-545)).

Nature of the Residue - Plants:  The petitioner submitted turnip, apple,
and lettuce metabolism studies conducted with spinetoram (XDE-175-J and
XDE-175-L) uniformly labeled throughout the macrolide ring.  Based on
these data, it appears that three metabolic pathways are responsible for
the breakdown of spinetoram in plants.  One pathway involves changes to
the N-demethyl moiety on the forosamine sugar to give the N-demethyl
(<1-20% total radioactive residue (TRR)) and N-formyl (<1-17% TRR)
metabolites (see attachment 2 for structures).  Due to the presence of
these metabolites in the 0-day preharvest interval (PHI) samples, it is
thought that these changes may be the result primarily of photolysis.
The second pathway involves cleavage of the macrolide ring system at one
or more positions, ultimately resulting in a complex residue mixture
consisting of numerous components (≤89% TRR).  The third pathway
involves changes to the rhamnose sugar of XDE-175-J only, producing the
3-O-deethyl (≤4% TRR) and C9-pseudoaglycone metabolites (apple fruit
only; ≤4% TRR) or cleavage of the forosamine sugar to yield
C17-pseudoaglycone-175-J (turnip tops only; <1% TRR).  All of the
forosamine-altered metabolites and rhamnose-altered metabolites were
subject to breakdown via the second pathway, which is the reason that
the second pathway ultimately predominated in the residue profile for
both test materials.  It is presumed that XDE-175-L also underwent
degradation by the third pathway, but was degraded too quickly via the
second pathway to enable detection of any metabolites.

Based on the turnip, apple, and lettuce metabolism studies, HED
concluded that the residues of concern in plants are as summarized in
Table 4.  For further information concerning these conclusions, see the
HED human-health risk assessment D331741 (PV Shah et al., 10-Sep-2007).

Nature of the Residue - Livestock:  The petitioner submitted goat and
hen metabolism studies conducted with spinetoram (XDE-175-J and
XDE-175-L) uniformly labeled throughout the macrolide ring.  No
significant metabolism of spinetoram (XDE-175-J and XDE-175-L) was
observed in ruminants, as the unchanged parent molecule was the primary
residue component identified in milk and all tissue samples (26-84%
TRR).  Ruminant liver and muscle contained one unidentified metabolite
(XDE-175-J - <10% TRR; XDE-175-L - <27% TRR); ruminant liver also
contained a minor amount of ND-J and ND-L (≤2% TRR).  Parent was also
the primary residue component in all hen matrices (45-80% TRR) excluding
liver (12-13% TRR).  In hen liver, the O-deethyl (≤18% TRR) and
O-demethyl (≤20% TRR) metabolites were also observed indicating that
the metabolic pathway in hens is primarily through dealkylation of the
rhamnose sugar.

Based on the goat and hen metabolism studies, HED concluded that the
residues of concern in livestock are as summarized in Table 4.  For
further information concerning these conclusions, see the HED
human-health risk assessment D331741 (PV Shah et al., 10-Sep-2007).

toram plant metabolism studies resulted in the incorporation of
radioactivity into numerous peaks with each representing ≤3% TRR (PHI
= 0-30 days); (3) the proposed spinetoram application rates were less
than or equal to the application rates used in the spinosad field trial
studies; and (4) the spinosad and spinetoram side-by-side residue data
indicated that, in general, residues of spinetoram (combined XDE-175-J,
XDE-175-L, ND-J, NF-J) were comparable to residues of spinosad (combined
spinosyn A and D) provided the application scenarios were similar.  HED
also concluded that translation of the spinosad processing factors to
spinetoram was acceptable (D357703, T. Bloem, 28-Apr-2009). Based on
these conclusions, and since the proposed spinetoram application
scenarios are similar to that of spinosad (spinetoram application rates
≤ to spinosad; similar RTIs and PHIs), HED concludes that translation
of the spinosad residue data to spinetoram is acceptable and the
tolerances listed in Table 7 for the combined residues of XDE-175-J,
XDE-175-L, ND-J, and NF-J are appropriate.

Magnitude of the Residue - Livestock:  Based on the revised Table 1
feedstuffs (OPPTS 860.1000), the only feed item associated with the
current petition is almond hulls which are fed to only dairy cattle
(roughage; 10% of the diet; 90% dry matter).  The previously calculated
dairy cattle maximum reasonable dietary burden (MRDB) was 7.64 ppm
(D325387, T. Bloem, 12-Sep-2007) with the roughage component consisting
of wheat forage (3.50 ppm; 25% dry matter; 25% of the diet), soybean
forage (2.29 ppm; 35% dry matter; 10% of the diet), and leaves of root
and tuber vegetable (1.33 ppm; 30% dry matter; 10% of the diet).
Therefore, inclusion of almond hulls in the dietary burden calculation
instead of leaves of root and tuber vegetables results in and increase
in the dietary burden to 8.42 ppm.

HED previously reviewed a ruminant feeding study (47030801.der.wpd).
The study employed dosing with spinetoram (XDE-175-J:XDE-175-L; 3:1) at
a dietary burden of 37.85 ppm or a mixture of
XDE-175-J:XDE-175-L:ND-J:NF-J (1:0.25:1.1:1.2) at dietary burdens of
1.18 ppm, 3.69 ppm, 11.46 ppm, and 38.59 ppm.  Since the nature of the
residue in ruminants following dosing with ND-J and NF-J has not been
demonstrated, HED concludes that the results from the feeding study
which employed dosing with only parent will be used for determination of
the magnitude of the residue in ruminants.  Using these data, the
estimate residues in ruminants at the current MRDB are less than the
currently-established tolerances; therefore, the currently-established
tolerances remain appropriate.

Analytical Enforcement Method:    SEQ CHAPTER \h \r 1 Method GRM 05.03
was developed for the determination of residues of XDE-175-J, XDE-175-L,
ND-J, and NF-J in plant matrices using high-performance liquid
chromatography with positive-ion electrospray (ESI) tandem mass
spectrometry (HPLC-MS/MS).  The petitioner submitted adequate validation
data, independent laboratory validation (ILV), and radiovalidation for
method GRM 05.03; HED forwarded this method to the Biological & Economic
Analysis Division (BEAD) Analytical Chemistry Laboratory (ACL) for
petition method validation (PMV D335231, T. Bloem, 18-Jan-2007).  The
ACL determined that method GRM 05.03 is an adequate enforcement method
and HED forwarded this method to the Food and Drug Administration (FDA;
D343662, T. Bloem, 12-Sep-2007).  The limit of quantitation (LOQ) for
all analytes/matrices is 0.01 ppm.  HED concludes that this method is
acceptable for enforcement of the tolerances associated with the current
petition.

on rates (≤0.46 lb ai/acre), HED previously concluded that a 30-day
plant-back interval for all non-labeled crops was appropriate (D325387,
T. Bloem, 12-Sep-2007; D353933, T. Bloem, 28-August-2008).  Since the
proposed spice rate is 0.305 lb ai/acre, HED concludes that the spice
label should indicate that a 30-day PBI for all nonlabeled crops.  A
revised Section B is requested.

Recommendations:  Provided the petitioner submits revised Sections B and
F, HED concludes that the residue chemistry database supports an
unconditional registration and establishment of the tolerances listed in
Table 7 for the combined residues of XDE-175-J, XDE-175-L, ND-J, and
NF-J.

Summary of Residue Chemistry Deficiencies:

(Revised Section B.

(Revised Section F.

Detailed Considerations

Background

Spinetoram (XDE-175) is a multicomponent, tetracyclic macrolide
developed for use as an insect control agent on a variety of crops that
are subject to attack by lepidopterous and sucking insects.  It consists
of two closely related active ingredients, XDE-175-J and XDE-175-L,
present in an approximate 3:1 ratio (J:L).  Spinetoram is a fermentation
product of Saccharopolyspora spinosa and is an analogue of the
insecticide spinosad; its mode of action is disruption of
nicotinic/GABA-gated chloride channels.  The subject petition represents
the first food/feed use for spinetoram.  Tables 1 and 2 are summaries of
the test compound nomenclature and physical chemical properties,
respectively.

                               XDE-175-J
                        XDE-175-L

Common name	Spinetoram (mixture of XDE-175-J and XDE-175-L)

Company experimental name	XDE-175-J (TSN104472; 3’-O-ethyl 5,6-dihydro
spinosyn J; 175-J)

XDE-175-L (TSN104480; 3’-O-ethyl spinosyn L; 175-L)

IUPAC name	XDE-175-J  SEQ CHAPTER \h \r 1 :

(2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR)-13-{[(2R,5S,6R)-5-(dimethylamino)-
6-methyltetrahydro-2H-pyran-2-yl]oxy}-9-ethyl-14-methyl-7,15-dioxo-2,3,3
a,4,5,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b-octadecahydro-1H-as-indaceno
[3,2-d]oxacyclododecin-2-yl
6-deoxy-3-O-ethyl-2,4-di-O-methyl-alpha-L-mannopyranoside

XDE-175-L:

(2S,3aR,5aS,5bS,9S,13S,14R,16aS,16bS)-13-{[(2R,5S,6R)-5-(dimethylamino)-
6-methyltetrahydro-2H-pyran-2-yl]oxy}-9-ethyl-4,14-dimethyl-7,15-dioxo-2
,3,3a,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b-hexadecahydro-1H-as-indaceno
[3,2-d]oxacyclododecin-2-yl
6-deoxy-3-O-ethyl-2,4-di-O-methyl-alpha-L-mannopyranoside

CAS name	  SEQ CHAPTER \h \r 1 XDE-175-J:

1H-as-indaceno[3,2-d]oxacyclododecin-7,15-dione,
2-[(6-deoxy-3-O-ethyl-2,4-di-O-methyl-a-L-mannopyranosyl)oxy]-13-[[(2R,5
S,6R)-5-(dimethylamino)tetrahydro-6-methyl
2H-pyran-2-yl]oxy]-9-ethyl-2,3,3a,4,5,5a,5b,6,9,10,11,12,13,14,16a,16b-h
exadecahydro 14-methyl- (2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR)

XDE-175-L:

1H-as-indaceno[3,2-d]oxacyclododecin-7,15-dione,2-[(6-deoxy-3-O-ethyl-2,
4-di-O-methyl-a-L-mannopyranosyl)oxy]-13-[[(2R,5S,6R)-5-(dimethylamino)t
etrahydro-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl-2,3,3a,5a,5b,6,9,10,11,12,
13,14,16a,16b-tetradecahydro-4,14-dimethyl-
(2S,3aR,5aS,5bS,9S,13S,14R,16aS,16bS)

CAS #	XDE-175-J: 187166-40-1

XDE-175-L: 187166-15-0

End-use product/EP	GF-1587 SC Naturalyte Insect Control Product

GF-1640 WG Naturalyte Insect Control Product

Table 2:  Physicochemical Properties of Spinetoram.

Melting points	XDE-175-J: 143.4°C

XDE-175-L: 70.8°C

pH	6.46 at 23.1°C for 1% w/w aqueous solution

Density	1.1485 g/cm3 at 20°C

Water solubility (20°C)	  SEQ CHAPTER \h \r 1 XDE-175-J

10.0 mg/L in purified water

423 mg/L in pH 5 buffer

11.3 mg/L in pH 7 buffer

approx. 8 mg/L in pH 9 buffer

6.27 mg/L in pH 10 buffer

XDE-175-L

31.9 mg/L in purified water

1630 mg/L in pH 5 buffer

46.7 mg/L in pH 7 buffer

1.98 mg/L in pH 9 buffer

0.706 mg/L in pH 10 buffer

Solvent solubility (20°C)	  SEQ CHAPTER \h \r 1 Solvent
          Solubility (g/L)

Methanol                          >250

Acetone                            >250

n-Octanol                           132

Ethyl Acetate                   >250

1,2-dichloromethane        >250

Xylene                              >250

Heptane                              61.0

Vapor pressure 	XDE-175-J:   SEQ CHAPTER \h \r 1 5.3 x10-5 Pa  at 20°C,
    SEQ CHAPTER \h \r 1 6.0 x10-5 Pa  at 25°C

XDE-175-L: 2.1 x10-5 Pa at 20°C,     SEQ CHAPTER \h \r 1 4.2 x10-5 Pa
at 25°C

Dissociation constant (pKa)	XDE-175-J : pKa = 7.86

XDE-175-L : pKa = 7.59

Octanol/water partition coefficient (20°C)	  SEQ CHAPTER \h \r 1
XDE-175-J:              pH              Log Kow

                                   5                   2.44

                                   7                   4.09

                                   9                   4.22

XDE-175-L:              pH              Log Kow

                                   5                   2.94

                                   7                   4.49

                                   9                   4.82

UV/visible absorption spectrum	XDE-175-J:

		         Wavelength       Extinction coefficient

Solution		         (max, nm	       (, L/(mol*cm)

Neutral	   245	            	12200

Basic (pH 12.6)	   246	  	    	11700

Acidic (pH 1.04)         	247	             	12400

XDE-175-L:

		     Wavelength		Extinction coefficient

Solution		      (max, nm	(, L/(mol*cm)

Neutral 	243	          	11100

Basic (pH 12.6)  	244	  	11200

Acidic (pH 1.04)    	202	            	9800

	245	          	11400

OPPTS GLN 860.1200 Directions for Use

Delegate WG™ (25% ai; EPA Reg. No. 62719-541) and Radiant™ SC (1 lb
ai/gal; EPA Reg. No. 62719-545).  Table 3 is a summary of the proposed
application scenarios.  The petitioner should submit a revised Section B
specifying a 30-day PBI for all non-labeled crops following application
to spices (subgroup 19B, except black pepper; Radiant™ SC (1 lb
ai/gal; EPA Reg. No. 62719-545)).

Table 3:  Proposed Application Scenarios.

Formulation	Rate

(lb ai/acre)	No. Apps.	Max. Sea. Rate (lb ai/acre)	PHI (days)	Comments

tree nuts and pistachio

Delegate WG™ (25% ai; EPA Reg. No. 62719-541)	0.023-0.109	4	0.438	1
-7-day RTI

-crop oils may be added to the spray solution

pomegranate

Delegate WG™ (25% ai; EPA Reg. No. 62719-541)	0.062-0.109	3	0.219	1
-4-7-day RTI

date

Delegate WG™ (25% ai; EPA Reg. No. 62719-541)	0.109	4	0.305	7	-7-day
RTI

hop

Delegate WG™ (25% ai; EPA Reg. No. 62719-541)	0.039-0.063	5	0.305	1
-4-day RTI

spices (subgroup 19B; except black pepper)

Radiant™ SC (1 lb ai/gal; EPA Reg. No. 62719-545)	0.039-0.062	5	0.305
14	-10-day RTI

pineapple

Radiant™ SC (1 lb ai/gal; EPA Reg. No. 62719-545)	0.031-0.062	6	0.305
7	-7-day RTI

1  PHI = preharvest interval; RTI = retreatment interval.

860.1300 Nature of the Residue - Plants and Livestock

≤89% TRR).  The third pathway involves changes to the rhamnose sugar
of XDE-175-J only, producing the 3-O-deethyl (≤4% TRR) and
C9-pseudoaglycone metabolites (apple fruit only; ≤4% TRR) or cleavage
of the forosamine sugar to yield C17-pseudoaglycone-175-J (turnip tops
only; <1% TRR).  All of the forosamine-altered metabolites and
rhamnose-altered metabolites were subject to breakdown via the second
pathway, which is the reason that the second pathway ultimately
predominated in the residue profile for both test materials.  It is
presumed that XDE-175-L also underwent degradation by the third pathway,
but was degraded too quickly via the second pathway to enable detection
of any metabolites.

Based on the turnip, apple, and lettuce metabolism studies, HED
concluded that the residues of concern in plants are as summarized in
Table 4.  For further information concerning these conclusions, see the
HED human-health risk assessment D331741 (PV Shah et al., 10-Sep-2007).

 (≤2% TRR).  Parent was also the primary residue component in all hen
matrices (45-80% TRR) excluding liver (12-13% TRR).  In hen liver, the
O-deethyl (≤18% TRR) and O-demethyl (≤20% TRR) metabolites were also
observed indicating that the metabolic pathway in hens is primarily
through dealkylation of the rhamnose sugar.

Based on the goat and hen metabolism studies, HED concluded that the
residues of concern in livestock are as summarized in Table 4.  For
further information concerning these conclusions, see the HED
human-health risk assessment D331741 (PV Shah et al., 10-Sep-2007).

Table 4:  Residues for Tolerance Expression and Risk Assessment.

Matrix	Residues included in Risk Assessment	Residues included in
Tolerance Expression

Plants	XDE-175-J, XDE-175-L, ND-J, and NF-J	XDE-175-J, XDE-175-L, ND-J,
and NF-J

Ruminants1	XDE-175-J, XDE-175-L, ND-J, and NF-J	XDE-175-J, XDE-175-L,
ND-J, and NF-J

Hen1	XDE-175-J, XDE-175-L, ND-J, NF-J, 3'-O-deethyl-175-J,

3'-O-deethyl-175-L, and O-demethyl-175-L2	XDE-175-J, XDE-175-L, ND-J,
and NF-J

1  ND-J and NF-J were included as residues of concern in livestock due
to their presence in/on feed commodities.

2  O-demethyl-175-L is either 2’-O-demethyl-175-L or
4’-O-demethyl-175-L or a mixture of both.

OPPTS GLN 860.1340 Residue Analytical Methods

47554001.der.doc

Method GRM 05.03 was developed for the determination of residues of
XDE-175-J, XDE-175-L, ND-J, and NF-J in plant matrices using HPLC-MS/MS
(ESI).  The petitioner submitted adequate validation data, ILV, and
radiovalidation for method GRM 05.03; HED forwarded this method to BEAD
for PMV (D335231, T. Bloem, 18-Jan-2007).  The ACL determined that
method GRM 05.03 is an adequate enforcement method and HED forwarded
this method to the FDA (D343662, T. Bloem, 12-Sep-2007).  The LOQ for
all analytes/matrices is 0.01 ppm.  HED concludes that this method is
acceptable for enforcement of the tolerances associated with the current
petition.

OPPTS GLN 860.1360 Multiresidue Methods (MRMs)

XDE-175-J, XDE-175-L, ND-J, NF-J, ND-L, and NF-L were screened through
the Food and Drug Administration (FDA) Pesticide Analytical Manual (PAM)
I MRMs.  None of the test substances were found to be fluorescent using
procedures outlined in Protocol A.  All test substances were subjected
to Protocol C, modules DG1, DG5, DG13, DG17 and DG18.  Test substances
were determined to be non-chromatographable by the chosen gas
chromatography modules described in Protocol C.  Due to the poor
sensitivity of the test substances to detection by methods described in
Protocol C, no further analyses were performed by Protocols D, E or F.
Since the test substances are not acids, phenols, or substituted ureas,
analyses were not performed using Protocols B or G.  The test substances
were not detectable through FDA PAM I Protocols A and C; therefore,
these methods are unsuitable for enforcement.  The MRM results were
forwarded to the FDA (D335229, T. Bloem, 18-Jan-2007).

OPPTS GLN 860.1480 Meat, Milk, Poultry, and Eggs

Based on the revised Table 1 feedstuffs (OPPTS 860.1000), the only feed
item associated with the current petition is almond hulls which are fed
to only dairy cattle (roughage; 10% of the diet; 90% dry matter).  The
previously calculated diary cattle MRDB was 7.64 ppm (D325387, T. Bloem,
12-Sep-2007) with the roughage component consisting of wheat forage
(3.50 ppm; 25% dry matter; 25% of the diet), soybean forage (2.29 ppm;
35% dry matter; 10% of the diet), and leaves of root and tuber vegetable
(1.33 ppm; 30% dry matter; 10% of the diet).  Therefore, inclusion of
almond hulls in the dietary burden calculation instead of leaves of root
and tuber vegetables results in and increase in the dietary burden to
8.42 ppm.  Table 5 is a summary of these calculations.

HED previously reviewed a ruminant feeding study (47030801.der.wpd).
The study employed dosing with spinetoram (XDE-175-J:XDE-175-L; 3:1) at
a dietary burden of 37.85 ppm or a mixture of
XDE-175-J:XDE-175-L:ND-J:NF-J (1:0.25:1.1:1.2) at dietary burdens of
1.18 ppm, 3.69 ppm, 11.46 ppm, and 38.59 ppm.  Since the nature of the
residue in ruminants following dosing with ND-J and NF-J has not been
demonstrated, HED concludes that the results from the feeding study
which employed dosing with only parent will be used for determination of
the magnitude of the residue in ruminants.  Table 6 is a summary of the
magnitude of the residue in ruminants following dosing with parent at a
dietary burden of 37.85 ppm, the estimated residues at the current dairy
cattle dietary burden 8.42 ppm (0.22x the feeding study), and the
currently established ruminant tolerances.  Since the estimated residues
at the current MRDB are less than the currently-established tolerances,
HED concludes that current tolerances remain appropriate.

Table 5:  Calculation of MRDB.

Feed

Commodity	% Dry

Matter1	% Diet1	Recommended Tolerance (ppm)	Dietary

Contribution (ppm)2

Dairy Cattle

wheat forage (R)	25	25	3.5	3.50

soybean foliage (R)	35	10	8.0	2.29

almond hulls (R)	90	10	19	2.11

sorghum grain (CC)	86	40	1.0	0.47

sugar beet molasses (CC)	75	5	0.75	0.05

cottonseed (PC)	88	10	0.04	0.004

dietary burden	--	100	--	8.42

1  OPPTS 860.1000 Table 1 (August 1996).

2  dietary contribution = tolerance ( % dry matter x % diet.

3  R = roughage; CC = carbohydrate concentrate; PC = protein
concentrate.

Table 6:  Residue Data from Ruminant Feeding Study with Spinetoram
(XDE-175-J:XDE-175-L; 3:1; dietary burden of 37.85 ppm).

Matrices	Residues (ppm)1	Residue Normalized to the Dairy Cattle MRDB
(ppm)	Current Tolerance (ppm)

	XDE-175-J	XDE-175-L	ND-J	NF-J	Average Total

kidney	1.133, 0.502, 0.6330	0.612, 0.306, 0.377	0.045, 0.022, 0.060	ND,
ND, ND	1.24	0.273	0.60

liver	0.704, 0.353, 1.590	0.582, 0.264, 0.803	0.077, 0.034, 0.171	ND,
ND, (0.008)	1.54	0.339	0.85

muscle	0.343, 0.304, 0.264	0.191, 0.186, 0.151	(0.009), (0.006), 0.017
ND, ND, ND	0.50	0.110	0.20

mesenterial fat	7.411, 5.497, 6.2650	3.820, 2.871, 2.958	0.052, 0.029,
0.069	ND, ND, ND	9.67	2.127	5.5

perirenal fat	10.961, 7.255, 9.652	5.563, 3.783, 5.119	0.076, 0.034,
0.058	(0.006), ND, ND	14.18	3.120	5.5

subcutaneous fat	5.763, 3.047, 1.533	2.932, 1.645, 0.793	0.048, 0.017,
0.021	(0.004), ND, ND	5.28	1.159	5.5

composite fat	10.100, 6.359, 5.875	5.187, 3.36, 2.976	0.059, 0.034,
0.055	(0.005), ND, ND	11.35	2.497	5.5

milk (day 14)	0.492, 0.498, 0.410	0.273, 0.242, 0.199	(0.003), (0.003),
(0.004)	ND, ND, ND	0.72	0.158	0.30

milk (day 28)	0.609, 0.495, 0.642	0.316, 0.288, 0.283	(0.004), ND,
(0.008)	ND, ND, ND	0.90	0.198	0.30

cream (day 14)	1.866, 2.390, 1.826	0.974, 1.281, 0.933	(0.010), 0.010,
0.011	ND, ND, ND	3.11	0.684	milk fat - 7.5

cream (day 28)	2.964, 4.143, 4.192	1.602, 2.396, 2.132	0.026, 0.019,
0.029	0.011, ND, ND	5.87	1.291	milk fat - 7.5

skim milk (day 14)	0.051, 0.026, 0.051	0.021, 0.011, 0.022	ND, ND, ND
ND, ND, ND	0.08	0.018	0.30

skim milk (day 28)	0.045, 0.026, 0.065	0.020, 0.012, 0.028	ND, ND, ND
ND, ND, ND	0.09	0.020	0.30

1  ND = not detected (<0.003 ppm).  Residue concentration in parenthesis
indicates a value <LOQ (0.01 ppm) but ≥LOD (0.003 ppm). For total
residue calculation, 0.01 ppm was assumed for all residues <LOQ.  Note
that residues in controls were ND for all control samples except for
XDE-175-J and XDE-175-L detect in one kidney control samples at 0.0045
ppm and 0.0031 ppm.

860.1500 Crop Field Trials

47554001.der.doc

merous peaks with each representing ≤3% TRR (PHI = 0-30 days); (3) the
proposed spinetoram application rates were less than or equal to the
application rates used in the spinosad field trial studies; and (4) the
spinosad and spinetoram side-by-side residue data indicated that, in
general, residues of spinetoram (combined XDE-175-J, XDE-175-L, ND-J,
NF-J) were comparable to residues of spinosad (combined spinosyn A and
D) provided the application scenarios were similar.  The following is a
summary petitioner's proposals and HED's conclusions.

Date:  HED previously concluded that the California spinosad plum/prune
residue data (D249374, M. Doherty, 24-Jun-1999) may be used in support
of the establishment of a spinosad date tolerance (plum - 4 x 0.062-134
lb ai/acre (final two applications at the higher rate); prune - 4 x
0.219-0.468 lb ai/acre (final two applications at the higher rate); RTI
= 7 days; PHI = 7 days).  Spinosad residues (immunochemical method
(Method GRM 96.11); LOQ = 0.018 ppm) were as follows:  plum (n=12) -
<0.018, prune (fresh; n=8) - 0.04-0.08 ppm; and prune (dried; n=8) -
0.03-0.08 ppm.  Based on these data, HED recommended for the
establishment of 0.10 ppm spinosad date tolerance (D358163, T. Bloem,
27-May-2009).  Based on these conclusions, the proposed application rate
and that performed in the spinosad plum/prune field trials
(0.6-4.3x/1.5-5.1x proposed single/seasonal application rates), and
previous conclusions concerning the translation of spinosad residues to
spinetoram (see paragraph at the beginning of this section), HED
concludes that the available data support a date tolerance of 0.10 ppm
for the combined residues of XDE-175-J, XDE-1756-L, ND-J, and NF-J.  J,
and NF-J.  A revised Section F is requested.

Pomegranate:  HED previously concluded that the avocado spinosad
tolerance may be translated to pomegranate in support of application of
spinosad to pomegranate; as a result, HED recommended for the
establishment of 0.30 ppm spinosad pomegranate tolerance (D358163, T.
Bloem, 27-May-2009).  HED notes that the spinosad avocado tolerance was
translated from the spinosad citrus, stone fruit, and apple residue data
(2.1x the proposed spinetoram pomegranate application rate; RTI = 6-7
days; PHI = 1 day for citrus and 7 days for apple and stone fruit; for
discussion concerning this translation see D252416 (G. Herndon,
23-Feb-1999) and D237752 (G. Herndon, 2-Mar-1998)).  Based on these
conclusions; the proposed application rate and that performed in the
spinosad citrus, apple, and stone fruit field trials; and previous
conclusions concerning the translation of spinosad residues to
spinetoram (see paragraph at the beginning of this section); HED
concludes that the available data support a 0.30 ppm pomegranate
tolerance for the combined residues of XDE-175-J, XDE-1756-L, ND-J, and
NF-J.  A revised Section F is requested.

Pineapple:  The Agency previously reviewed spinosad pineapple residue
data and recommended for a 0.02 ppm tolerance (LOQ tolerance) for the
combined residues of spinosyn A and D (4-5 x 0.094 lb ai/acre; RTI = 6-8
days; PHI = 3 or 6-7 days; D335084, B. Hanson, 19-Sep-2007).  Based on
this conclusion; the proposed spinetoram application rate and that
performed in the spinosad pineapple field trials (1.5x/1.2-1.5x the
proposed single/seasonal application rate); and previous conclusions
concerning the translation of spinosad residues to spinetoram (see
paragraph at the beginning of this section); HED concludes that the
available data support a 0.04 ppm pineapple tolerance for the combined
residues of XDE-175-J, XDE-1756-L, ND-J, and NF-J; note that the
tolerance was increased from 0.02 ppm to 0.04 ppm to account for the
additional residues in the spinetoram tolerance expression.  A revised
Section F is requested.

Spice (subgroup 19B; except black pepper):  The Agency previously
reviewed spinosad dill seed residue data and recommended for a 1.7 ppm
spice (subgroup 19B; except black pepper) tolerance for the combined
residues of spinosyn A and D (3-4 x 0.156 lb ai/acre; RTI = 9-11 days;
PHI = 13-15 days; D335084, B. Hanson, 19-Sep-2007).  Based on this
conclusion; the proposed spinetoram application rate and that performed
in the spinosad dill seed field trials (2.5x/1.5-2.1x the proposed
single/seasonal application rate); and previous conclusions concerning
the translation of spinosad residues to spinetoram (see paragraph at the
beginning of this section); HED concludes that the available data
support a 1.7 ppm spice (subgroup 19B, except black pepper) tolerance
for the combined residues of XDE-175-J, XDE-1756-L, ND-J, and NF-J.

Hops:  HED previously concluded that the spinosad dried basil residue
data (5 x 0.094 lb ai/acre; RTI = 4-6 days; PHI = 1 day) may be used in
support of the establishment of a spinosad hop tolerance; based on these
data, a dried hop tolerance of 22 ppm was established for the combined
residues of spinosyn A and D (D330231, T. Bloem, 19-Jul-2006).  Based on
this conclusion; the proposed spinetoram application rate and that
performed in the spinosad basil field trials (1.5x/1.5x the proposed
single/seasonal application rate); and previous conclusions concerning
the translation of spinosad residues to spinetoram (see paragraph at the
beginning of this section); HED concludes that the available data
support a 22 ppm dried hop tolerance for the combined residues of
XDE-175-J, XDE-1756-L, ND-J, and NF-J.

Pistachio and Tree Nuts:  HED has previously reviewed tree nut residue
data and recommended for a 0.10 ppm, 0.10 ppm, and 19 ppm pistachio,
tree nut (group 14), and almond hull tolerances, respectively, for the
combined residues of spinosyn A and D (4 x 0.154-0.158 lb ai/acre; RTI =
6-7 days; PHI = 1 day; D358163, T. Bloem, 27-May-2009).  Based on this
conclusion; the proposed spinetoram application rate and that performed
in the tree nut field trials (1.4x/1.1x the proposed single/seasonal
application rate); and previous conclusions concerning the translation
of spinosad residues to spinetoram (see paragraph at the beginning of
this section); HED concludes that the available data support the
following tolerance for the combined residues of XDE-175-J, XDE-1756-L,
ND-J, and NF-J:  pistachio - 0.10 ppm; tree nut (group 14) - 0.10 ppm;
and almond, hulls - 19 ppm.  A revised Section F is requested.

OPPTS 860.1520 Processed Food and Feed

HED concluded that translation of the spinosad residue data and
tolerances to spinetoram for the numerous crops was acceptable.
However, HED requested orange and grape processing studies to verify
that the spinosad and spinetoram residues of concern were partitioning
in a similar matter during processing.  The petitioner submitted the
requested studies and HED concluded that spinosad and spinetoram
residues of concern were partitioning in a similar matter and the
spinosad processing factors may be translated to spinetoram (D357703, T.
Bloem, 28-Apr-2009).

 hé|

ha

 hé|

 hé|

 hé|

 hé|

kdú

  hé|

  hé|

' hé|

 hé|

 hé|

 hé|

 hé|

¸

É

Î

Ð

ô

õ

m

¹

&

&

&

摧糎º

&

h

h

b	@

$

b	@

h

h

h

b	@

$

$

b	@

$

$

b	@

$

b	@

$

4	”

4	”

¶

@

4	”

¶

4	”

¶

¶

&

¸ÿR

š

¸ÿR

š

¸ÿR

š

¸ÿR

š

h

h

h

h

h

h

h

, based on the spinetoram pineapple tolerance of 0.04 ppm, HED
recommends for a pineapple process residue tolerance of 0.15 ppm for the
combined residues of XDE-175-J, XDE-175-L, ND-J, and NF-J.

rotational crop data and the proposed application rates (≤0.46 lb
ai/acre), HED previously concluded that a 30-day plant-back interval for
all non-labeled crops was appropriate (D325387, T. Bloem, 12-Sep-2007;
D353933, T. Bloem, 28-August-2008).  Since the proposed spice rate is
0.305 lb ai/acre, HED concludes that the spice label should indicate
that a 30-day PBI for all nonlabeled crops.  A revised Section B is
requested.

860.1550 Proposed Tolerances

Table 7 is a summary of the proposed and HED-recommended tolerances for
the combined residues of XDE-175-J, XDE-175-L, ND-J, and NF-J (a revised
Section F is requested).  Codex, Canada, and Mexico do not have
spinetoram MRLs for the requested crops; therefore, harmonization is not
an issue.

Table 7:  Tolerance Summary.

Proposed	HED-Recommended

Commodity Definition	Tolerance (ppm)1	Commodity Definition	Tolerance
(ppm)1

almond, hulls	9.0	almond, hulls	19

nut, tree, group 14	0.08	nut, tree, group 14	0.10

pistachio	0.08	pistachio	0.10

date	0.1	date	0.10

pomegranate	0.3	pomegranate	0.30

pineapple

ee	0.02	pineapple	0.04

pineapple, process residue	0.08	pineapple, process residue	0.15

spice, subgroup 19B, except black pepper	1.7	spice, subgroup 19B, except
black pepper	1.7

hog, dried cones	22	hog, dried cones	22

1  Proposed and recommended tolerance expression for the combined
residues of XDE-175-J, XDE-175-L, ND-J, and NF-J.

Attachment 1:  IRLS Sheet.

Attachment 2:  Structures.

  SEQ CHAPTER \h \r 1 RDI:  RAB1 Chemists (13-May-2009)

T. Bloem:S10945:Potomac Yard 1:703-605-0217:7509P:RAB1

Attachment 1:  IRLS Sheet.

INTERNATIONAL RESIDUE LIMIT STATUS

Chemical Name:  XDE-175-J  SEQ CHAPTER \h \r 1 :

(2R,3aR,5aR,5bS,9S,13S,14R,16aS,16bR)-13-{[(2R,5S,6R)-5-(dimethylamino)-
6-methyltetrahydro-2H-pyran-2-yl]oxy}-9-ethyl-14-methyl-7,15-dioxo-2,3,3
a,4,5,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b-octadecahydro-1H-as-indaceno
[3,2-d]oxacyclododecin-2-yl
6-deoxy-3-O-ethyl-2,4-di-O-methyl-alpha-L-mannopyranoside; XDE-175-L:

(2S,3aR,5aS,5bS,9S,13S,14R,16aS,16bS)-13-{[(2R,5S,6R)-5-(dimethylamino)-
6-methyltetrahydro-2H-pyran-2-yl]oxy}-9-ethyl-4,14-dimethyl-7,15-dioxo-2
,3,3a,5a,5b,6,7,9,10,11,12,13,14,15,16a,16b-hexadecahydro-1H-as-indaceno
[3,2-d]oxacyclododecin-2-yl
6-deoxy-3-O-ethyl-2,4-di-O-methyl-alpha-L-mannopyranoside; 	Common Name:
 spinetoram

	( Proposed tolerance

( Reevaluated tolerance

X Other:  HED recommended	Date:  11-May-2009

Codex Status (Maximum Residue Limits)	U. S. Tolerances

( No Codex proposal step 6 or above

√ No Codex proposal step 6 or above for the crops requested	Petition
Number:  8E7450

DP Barcode:

Other Identifier:

Residue definition (step 8/CXL):

Definition of the residue for compliance with MRLs: Spinetoram

Definition of the residue for estimation of dietary intake: Spinetoram
and N-demethyl and N-formyl metabolites of the major

spinetoram component. 	Reviewer/Branch:  Tom Bloem

	Residue definition:  XDE-175-J, XDE-175-L, ND-J; NF-J

Crop (s)	MRL (mg/kg)	Crop(s) 	Tolerance (ppm)

almond, hulls	19

nut, tree, group 14	0.10

pistachio	0.10

date	0.10

pomegranate	0.30

pineapple	0.04

pineapple, process residue	0.15

spice, subgroup 19B, except black pepper	1.7

hog, dried cones	22

Limits for Canada	Limits for Mexico

( No Limits

√  No Limits for the crops requested	√ No Limits

( No Limits for the crops requested

Residue definition:  XDE-175-J; XDE-175-L; ND-J; and NF-J	Residue
definition:  N/A

Crop(s)	MRL (mg/kg)	Crop(s)	MRL (mg/kg)

	Notes/Special Instructions:  S. Funk, 05/11/2009.

Attachment 2:  Structures.

N-demethyl-175-J

N-formyl-175-J

Spinosyn A

&

᠃昀Ĵ瑹崀]Ѐ

摧㪆í

摧㪆í

摧㪆í

摧㪆í

摧㪆í

摧㪆í

摧㪆í

摧㪆í

瑹㪆í

\

kdm

4-methyl-α-L-mannopyranosyl)oxy]-13-[[(2R,5S,6R
)-5-(dimethylamino)tetrahydro-6-methyl-2H-pyran-2-yl]oxy]-9-ethyl-2,3,3a
,5a,5b,6,9,10,11,12,13,14,16a,16b-tetradecahydro-14-methyl-1H-as-indacen
o[3,2-d]oxacyclododecin-7,15-dione

Spinosyn D

Spinetoram	Summary of Analytical Chemistry and Residue Data	D358160

page   PAGE  1  of   NUMPAGES  15