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Pesticide Chemicals; Various Tolerance Actions
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 29, 1996 (Volume 61, Number 104)]
[Proposed Rules]
[Page 26861-26863]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29my96-31]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 180, 185 and 186
[OPP-300408; FRL-4992-5]
RIN 2070-AC18
Pesticide Chemicals; Various Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA proposes to revoke tolerances established for residues of
13 pesticide chemicals in or on certain raw agricultural commodities
(RACs) and processed foods. EPA is initiating this action because there
are no current registrations associated with these food uses. The
applicable registrations for these pesticide uses have been canceled
because of nonpayment of maintenance fees, or by company request.
DATES: Written comments, identified by the document control number
[OPP-300408], must be received on or before July 29, 1996.
ADDRESSES: By mail, submit written comments to: Public Response and
Program Resources Branch, Field Operations Division (7506C), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. In person, bring comments to: Rm. 1132, CM #2,
1921 Jefferson Davis Hwy., Arlington, VA 22202. Information submitted
as a comment concerning this document may be claimed confidential by
marking any part or all of that information as ``Confidential Business
Information'' (CBI). CBI should not be submitted through e-mail.
Information marked as CBI will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. A copy of the comment that
does not contain CBI must be submitted for inclusion in the public
record. Information not marked confidential may be disclosed publicly
by EPA without prior notice. All written comments will be available for
public inspection in Rm. 1132 at the address given above, from 8 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays.
Comments and data may also be submitted electronically by sending
electronic mail (e-mail) to: opp docket@epamail.epa.gov. Electronic
comments must be submitted as an ASCII file avoiding the use of special
characters and any form of encryption. Comments and data will also be
accepted on disks in WordPerfect in 5.1 file format or ASCII file
format. All comments and data in electronic form must be identified by
the docket number. [OPP-300408]. No Confidential Business Information
(CBI) should be submitted through e-mail. Electronic comments on this
proposed rule may be filed online at many Federal Depository Libraries.
Additional information on electronic submission can be found below in
this document.
FOR FURTHER INFORMATION CONTACT: By mail: Owen F. Beeder, Registration
Division (7505W), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St. SW., Washington, DC 20460. Office location
and telephone number: Sixth Floor, Crystal Station #1, 2800 Jefferson
Davis Highway, Arlington, VA 22202, (703)-308-8351; e-mail:
beeder.owen@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: This document proposes the revocation of
tolerances and food and feed additive regulations (tolerances)
established under sections 408 and 409 of the Federal Food, Drug, and
Cosmetic Act (FFDCA) (21 U.S.C. 346a and 348) for residues of the
herbicides dalapon, diphenamid, sesone, fluchloralin and metobromuron;
the fungicides basic zinc sulfate, glyodin, hexachlorophene and manam;
the insecticide hydrogen cyanide; the plant regulators DNOC and
metachlorphenprop; and the food additive ethyl formate, in or on raw
agricultural commodities (RACs), processed foods, and feeds. EPA is
initiating this action because all registered uses of these pesticide
chemicals in or on RACs and processed foods have been canceled. The
registrations for these pesticide chemicals were canceled because the
registrant failed to pay the required maintenance fee and/or the
registrant voluntarily canceled all registered uses of the pesticide.
Because there are no current food use registrations for any of these 13
pesticide chemicals, EPA proposes to revoke the tolerance and food
additive and feed additive regulations for these pesticide chemicals. A
tolerance, food additive, or feed additive regulation is not generally
necessary for a pesticide chemical that is not registered for a
particular food use. The Agency is not recommending the establishment
of action levels in place of these regulations. Since there are no food
use registrations associated with these tolerances-hence, no legal use
in the United States-and since these pesticides are either not
persistent, or sufficient time has elapsed since their prior use for
residues to dissipate, residues should not appear in any domestically
produced commodities.
Because there no current food use registrations for any of these 13
pesticide chemicals EPA proposes to immediately revoke the tolerances
for all of the pesticides listed above with the exception of dalapon,
diphenamid, glyodin, and DNOC and its sodium salt.
Although no usages in 1992 have been found for the herbicides
dalapon and diphenamid, the fungicide glyodin, and the plant regulater
DNOC and its sodium salt, and their registered products were canceled
over three years ago (except for DNOC, for which the last product was
canceled in February 1993), each of these chemicals still had small
domestic usages on certain crops as late as 1994 and 1995. EPA has
therefore decided to delay the revocation of dalapon, diphenamid,
glyodin and DNOC until May 1, 1999, instead of immediately to allow
domestic growers who may still have stocks on hand to use up their
supplies and permit any treated raw commodities and products processed
from such commodities to move through marketing channels, and,
therefore, result in little or no domestic impacts. EPA is effecting
this delayed revocation by including an expiration date in the tolerance.
The tolerances, food additive and feed additive regulations listed
in 40 CFR part 180 being proposed for revocation are as follows:
Sec. 180.102 (sesone), Sec. 180.124 (glyodin), Sec. 180.130 (hydrogen
cyanide), Sec. 180.150 (dalapon), Sec. 180.161 (manganous
dimethyldithiocarbamate (manam)), Sec. 180.230 (diphenamid),
Sec. 180.244 (basic zinc sulfate), Sec. 180.250 (metobromuron),
Sec. 180.302 (hexachlorophene), Sec. 180.325 2-(m-Chlorophenoxy)
propionic acid (metachlorphenprop), Sec. 180.344 (4,6-dinitro-o-cresol)
(DNOC), and its sodium salt, Sec. 180.363 (fluchloralin), Sec. 185.2900
(ethyl formate), Sec. 185.1500 (dalapon), and Sec. 186.1500 (dalapon).
Any person who has registered or submitted an application for
registration of a pesticide, under the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA) as amended, which contains any of the
ingredients listed herein, may request within 30 days after publication
of this document in the Federal Register that this rulemaking proposal
be referred to an Advisory Committee in accordance with section 408(e)
of the Federal Food, Drug, and Cosmetic Act (FFDCA).
Interested persons are invited to submit written comments on the
proposed regulation. Further, EPA is soliciting comments from anyone
adversely affected by revocation of these tolerances, exemption from
tolerance, food additive and feed additive regulations. EPA requests
that anyone
[[Page 26862]]
adversely affected by these revocations submit information pertaining
to why and provide specific information as follows: 1. Are there any
existing stocks of the chemical? 2. If so, how much? 3. When will the
stocks be depleted? 4. How long would the commodities treated with
these chemicals be in the channels of trade? 5. Would residues on any
of these pesticide chemicals be present in or on commodities grown in
foreign countries and imported into the United States? Comments must
bear a notation indicating the document control number, [OPP-300408].
All written comments filed in response to this document will be
available for public inspection in the Public Response Section, at the
Virginia address given above, from 8:00 a.m. to 4:30 p.m., Monday
through Friday, except legal holidays.
A record has been established for this rulemaking under docket
number [OPP-300408] (including comments and data submitted
electronically as described below). A public version of this record,
including printed, paper versions of electronic comments, which does
not include any information claimed as CBI, is available for inspection
from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The public record is located in Rm. 1132 of the Public
Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
Electronic comments can be sent directly to EPA at:
opp Docket@epamail.epa.gov
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer all comments received electronically into printed,
paper form as they are received and will place the paper copies in the
official rulemaking record which will also include all comments
submitted directly in writing. The official rulemking record is the
paper record maintained at the address in ``ADDRESSES'' at the
beginning of this document.
Regulatory Assessment Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency
must determine whether the regulatory action is ``significant'' and
therefore subject to all the requirements of the Executive Order (i.e.,
Regulatory Impact Analysis, review by the Office of Management and
Budget (OMB)). Under section 3(f), the order defines ``significant'' as
those actions likely to lead to a rule (1) having an annual effect on
the economy of $100 million or more, or adversely and materially
affecting a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local or tribal
governments or communities (also known as ``economically
significant''); (2) creating serious inconsistency or otherwise
interfering with an action taken or planned by another agency; (3)
materially altering the budgetary impacts of entitlement, grants, user
fees, or loan programs; or (4) raising novel legal or policy issues
arising out of legal mandates, the President's priorities, or the
principles set forth in this Executive Order.
Pursuant to the terms of this Executive Order, it has been
determined that this rule is not a ``significant regulatory action''
because it does not meet any of the regulatory-significance criteria
listed above.
B. Regulatory Flexibility Act
This proposed rule has been reviewed under the Regulatory
Flexibility Act of 1980 (Pub. L. 96-354; 94 Stat. 1164, 5 U.S.C. 601 et
seq.) and it has been determined that it will not have an economic
impact on any small businesses, governments, or organizations.
Accordingly, I certify that this proposed rule does not require a
separate regulatory flexibility analysis under the Regulatory
Flexibility Act.
C. Paperwork Reduction Act
This proposed regulatory action does not contain any information
collection requirements subject to review by OMB under the Paperwork
Reduction Act of 1980, 44 U.S.C. 3501 et seq.
D. Unfunded Mandates
This action does not impose any enforceable duty, or contain any
``unfunded mandates'' as described in Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation as
specified by Executive Order 12875 (58 FR 58093, October 28, 1993),
entitled Enhancing the Intergovernmental Partnership, or special
consideration as required by Executive Order 12898 (59 FR 7629,
February 16, 1994).
List of Subjects
40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and Pests Reporting and
recordkeeping requirements.
40 CFR Part 185
Environmental protection, Food Additives, Pesticides and Pests.
40 CFR Part 186
Environmental protection, Animal feeds, Pesticides and Pests.
Dated: May 15, 1996.
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, it is proposed that chapter I of title 40 of the Code of
Federal Regulations be amended as follows:
PART 180--[AMENDED]
1. In part 180:
a. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 346a and 371.
Sec. 180.102 [Removed]
b. By removing Sec. 180.102 Sesone; tolerances for residues.
c. By revising Sec. 180.124 Glyodin; tolerances for residues to
read as follows.
Sec. 180.124 Glyodin; tolerance for residues.
A time-limited tolerance of 5 parts per million, with an expiration
date of May 1, 1999, is established for the residues of the fungicide
glyodin (2-heptadecyl-2-imidazoline acetate or 2-heptadecyl-2-
imidazoline (base) in or on the following raw agricultural commodities:
apples, cherries, peaches, and pears.
Sec. 180.130 [Removed]
d. By removing Sec. 180.130 Hydrogen cyanide; tolerances for
residues.
e. By revising Sec. 180.150 Dalapon; tolerances for residues to
read as follows.
Sec. 180.150 Dalapon; tolerances for residues.
(a) A time-limited tolerance, with an expiration date of May 1,
1999, is established for residues of the herbicide dalapon (2,2-
dichloropropionic acid) resulting from application of dalapon sodium
salt or sodium-magnesium salt mixtures in or on the following raw
agricultural commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Almonds.................................................... 10
Almonds, hulls............................................. 50
Apples..................................................... 3
Apricots................................................... 1
Asparagus.................................................. 30
[[Page 26863]]
Bananas.................................................... 5
Beans...................................................... 1
Beans, straw............................................... 1
Beets, sugar (roots)....................................... 5
Beets, sugar (tops)........................................ 5
Cattle, mbyp............................................... 0.2
Cattle, meat............................................... 0.2
Coffee beans............................................... 2
Corn, ear, dried (K+C)..................................... 10
Corn, fodder............................................... 5
Corn, forage............................................... 5
Corn, fresh (including sweet K+CWHR)....................... 5
Corn, grain................................................ 10
Cottonseed................................................. 35
Cranberries................................................ 5
Eggs....................................................... 0.3
Flaxseed................................................... 75
Goats, mbyp................................................ 0.2
Goats, meat................................................ 0.2
Grapefruit................................................. 5
Grapes..................................................... 3
Grasses, pasture........................................... 10
Grasses, range............................................. 10
Hogs, mbyp................................................. 0.2
Hogs, meat................................................. 0.2
Lemons..................................................... 5
Limes...................................................... 5
Macadamia nuts............................................. 1
Milk....................................................... 0.1
Oranges.................................................... 5
Peaches.................................................... 15
Pears...................................................... 3
Peas, shelled.............................................. 15
Peas, unshelled............................................ 15
Peas, vine, with pod....................................... 15
Peas, vine, without pod.................................... 15
Pecans..................................................... 0.1
Pineapples................................................. 3
Plums...................................................... 1
Potatoes................................................... 10
Poultry, (excluding kidney)................................ 3
Poultry, kidney............................................ 9
Sheep, mbyp................................................ 0.2
Sheep, meat................................................ 0.2
Sorghum.................................................... 1
Sorghum, forage............................................ 5
Soybeans................................................... 1
Soybeans, straw............................................ 1
Sugarcane.................................................. 0.1
Tangerines................................................. 5
Walnuts.................................................... 5
------------------------------------------------------------------------
(b) A time-limited tolerance, with an expiration date of May 1,
1999, is established for residues of dalapon (2,2-dichloropropionic
acid) resulting from application of dalapon sodium-magnesium salt
mixtures to irrigation ditch banks in the western United States in or
on the following raw agricultural commodities. Where tolerances are
established at higher levels from other uses of dalapon on the subject
crops, the higher tolerance applies also to residues from the
irrigation ditch bank use.
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Avocados................................................... 0.2
Citrus fruits.............................................. 0.2
Cottonseed................................................. 0.2
Cucurbits.................................................. 0.5
Flaxseed................................................... 2.0
Fruits, pome............................................... 0.2
Fruits, small.............................................. 0.2
Fruits, stone.............................................. 0.2
Grain crops (exc wheat).................................... 0.5
Grasses, forage............................................ 2
Hops....................................................... 0.2
Legumes, forage............................................ 2
Nuts....................................................... 0.2
Vegetables, fruiting....................................... 0.2
Vegetables, leafy.......................................... 0.5
Vegetables, root crop...................................... 0.2
Vegetables, seed and pod................................... 0.5
Wheat...................................................... 2
------------------------------------------------------------------------
Sec. 180.161 [Removed]
f. By removing Sec. 180.161 Manganous dimethyldithio-carbamate;
tolerances for residues.
g. By revising Sec. 180.230 Diphenamid; tolerances for residues to
read as follows.
Sec. 180.230 Diphenamid; tolerances for residues.
A time-limited tolerance with an expiration date of May 1, 1999, is
established for the residues of the herbicide dipenamid (N,N,-dimethyl-
2,2-diphenylacetamide) including its desmethyl metabolite N-methyl-2,2-
diphenylacetamide in or on the raw agricultural commodities as follows:
2 parts per million in or on peanut hay and forage.
1 parts per million in or on potatoes and strawberries.
0.5 parts per million in or on peanut hulls and soybean hay and
forage.
0.2 parts per million in or on cotton forage.
0.1 parts per million (negligible residue) in or on apples,
cottonseed, fruiting vegetables, okra, peaches, peanuts, soybeans,
and sweet potatoes.
0.05 parts per million in or on (negligible residue) in meat,
fat, and meat byproducts of cattle, goats, hogs, horses, and sheep.
0.01 parts per million (negligible residue) in milk.
1.0 parts per million in or on raspberries.
Sec. 180.244 [Removed]
h. By removing Sec. 180.244 Basic zinc sulfate; tolerances for
residues.
Sec. 180.250 [Removed]
i. By removing Sec. 180.250 Metobromuron; tolerances for residues.
Sec. 180.325 [Removed]
j. By removing Sec. 180.325 2-(m-Chlorophenoxy) propionic acid;
tolerances for residues.
k. By revising Sec. 180.344 4,6-Dinitro-o-cresol and its sodium
salt; tolerance for residues to read as follows.
Sec. 180.344 4,6-dinitro-o-cresol and its sodium salt; tolerance for
residues.
A time-limited tolerance of 0.2 part per million, with an
expiration date of May 1, 1999, is established for residues of the
plant regulators 4,6-dinitro-o-cresol (DNOC) and its sodium salt in or
on the raw agricultural commodity apples from application to apple
trees at the blossom stage as a fruit-thinning agent.
Sec. 180.363 [Removed]
l. By removing Sec. 180.363 Fluchloralin; tolerances for residues.
PART 185--[AMENDED]
2. In part 185:
a. The authority citation for part 185 continues to read as follows:
Authority: 21 U.S.C. 346a and 348.
b. By revising Sec. 185.1500 Dalapon; tolerances for residues to
read as follows.
Sec. 185.1500 Dalapon; tolerances for residues.
A time-limited tolerance of 0.2 part per million, with an
expiration date of May 1, 1999, is established for the residues of the
herbicide dalapon (2,2-dichloropropionic acid) in potable water when
present therein as a result of the application of dalapon sodium-
magnesium salt mixtures to irrigation ditch banks in the western United
States.
Sec. 185.2900 [Removed]
c. By removing Sec. 185.2900 Ethyl formate; tolerances for residues.
PART 186--[AMENDED]
3. In part 186:
a. The authority citation for part 186 continues to read as follows:
Authority: 21 U.S.C. 348.
b. By revising Sec. 186.1500 Dalapon; tolerances for residues to
read as follows:
Sec. 186.1500 Dalapon; tolerances for residues.
A time-limited tolerance of 20 parts per million, with an
expiration date of May 1, 1999, is established for residues of the
herbicide dalapon (2,2-dichloropropionic acid) in dehydrated citrus
pulp for cattle feed, when present therein as a result of the
application of dalapon sodium salt or dalapon sodium-magnesium salt
mixtures during the growing of citrus fruit.
[FR Doc. 96-13442 Filed 5-28-96; 8:45 am]
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