[Federal Register Volume 59, Number 17 (Wednesday, January 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1619]


[[Page Unknown]]

[Federal Register: January 26, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300293A; FRL-4740-7]
RIN 2070-AB78

 

Orthoarsenic Acid; Revocation of Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document revokes the tolerance in 40 CFR 180.180 for 
residues of the pesticide orthoarsenic acid (commonly known as arsenic 
acid) in or on the raw agricultural commodity cottonseed. EPA is 
initiating this action because all registered uses of arsenic acid on 
cotton have been canceled.
EFFECTIVE DATE: This regulation becomes effective January 26, 1994.

ADDRESSES: Written objections or hearing requests, identified by the 
document control number, [OPP-300293A], may be submitted to: Hearing 
Clerk (1900), Environmental Protection Agency, Rm. 3708, 401 M St., 
SW., Washington, DC 20460. A copy of any objections and hearing 
requests filed with the Hearing Clerk should be identified by the 
document control number and submitted 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 copy of objections and hearing 
requests to: Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 
22202. Fees accompanying objections shall be labeled ``Tolerance 
Petition Fees'' and forwarded to: EPA Headquarters Accounting 
Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M, Pittsburgh, 
PA 15251.

FOR FURTHER INFORMATION CONTACT: By mail: Ann Sibold, Special Review 
and Reregistration Division (7508W), Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. Office location and telephone 
number: Special Review Branch, Crystal Station #1, 3rd Floor, 
Arlington, VA 22202, Telephone: (703)-308-8033.
SUPPLEMENTARY INFORMATION: In the Federal Register of September 22, 
1993 (58 FR 49267), EPA issued a proposal to revoke the tolerance for 
arsenic acid on cottonseed because the use of arsenic acid on cotton 
was voluntarily canceled. A previous notice in the Federal Register of 
May 6, 1993 (58 FR 26975) had acknowledged that existing stocks of Elf 
Atochem North America and Voluntary Purchasing Groups arsenic acid 
products could be sold until October 31, 1993, and applied by end users 
until December 31, 1993. Because use will continue through the end of 
1993, all treated raw cottonseed may not clear processing mills and 
feed markets until July 1, 1995. Therefore, to effect the revocation, 
EPA proposed to establish an expiration date for the tolerance of July 
1, 1995. EPA predicts there will be an insignificant or no economic 
impact from revoking this tolerance because EPA is allowing ample time 
for legally treated commodities, i.e., treated prior to December 31, 
1993, to pass through the channels of trade.
    EPA believes that arsenic acid is not used on cotton grown in other 
countries and imported into the United States. Once the tolerance for 
arsenic acid on cottonseed is revoked, it will be unlawful to import 
into the United States any cottonseed treated with arsenic acid.
    After legally treated cottonseed has cleared the market, residues 
of arsenic acid resulting from pesticide application are not expected 
to be detected. Therefore, action levels to cover residues of arsenic 
acid from past uses of the pesticide will not be recommended.
    No public comments or requests for referral to an advisory 
committee were received in response to the proposed rule. Therefore, 
based on the information considered by the Agency and discussed in 
detail in the September 22, 1993 proposal and in this final rule, the 
Agency is hereby revising 40 CFR 180.180 for residues of orthoarsenic 
acid to stipulate that the 4-ppm tolerance for orthoarsenic acid in or 
on cottonseed expires on July 1, 1995.
    Any person adversely affected by this regulation revoking the 
tolerance may, within 30 days after publication of this document in the 
Federal Register, file written objections and/or a request for a 
hearing with the Hearing Clerk, at the address given above (40 CFR 
178.20). A copy of any objections and hearing requests filed with the 
Hearing Clerk should be submitted to the OPP docket for this 
rulemaking. The objections submitted must specify the provisions of the 
regulation deemed objectionable and the grounds for the objections (40 
CFR 178.25). Each objection must be accompanied by the fee prescribed 
by 40 CFR 180.33(i). If a hearing is requested, the objections must 
include a statement of the factual issue(s) on which a hearing is 
requested, the requestor's contentions on each such issue, and a 
summary of any evidence relied upon by the objector (40 CFR 178.27). A 
request for a hearing will be granted if the Administrator determines 
that the material submitted shows the following: There is a genuine and 
substantial issue of fact; there is a reasonable possibility that 
available evidence identified by the requestor would, if established, 
resolve one or more issues in favor of the requestor, taking into 
account uncontested claims or facts to the contrary; and resolution of 
the factual issue(s) in the manner sought by the requestor would be 
adequate to justify the action requested (40 CFR 178.32).

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 entitlements, 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.
    The Agency believes that the domestic use of arsenic acid is 
limited and will end this year with the voluntary cancellation and 
termination of the provision for sale and use of existing stocks. 
Further, its use, if any, on imported commodities is insignificant. 
Since the tolerance is being revoked 18 months after the last legal 
domestic use on cotton, impacts are expected to be minimal.
    For those reasons, pursuant to the terms of this Executive Order, 
EPA has determined that this rule is not ``significant'' and is 
therefore not subject to OMB review.

Regulatory Flexibility Act

    This rulemaking 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 a significant economic 
impact on a substantial number of small businesses, small governments, 
or small organizations. The reasons for this conclusion are discussed 
in the September 22, 1993 proposal.

List of Subjects in 40 CFR Part 180

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

Dated: January 11, 1994.

Victor J. Kimm,
Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

    Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

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

    Authority: 21 U.S.C. 346a and 371.

    2. By revising Sec. 180.180 to read as follows:


Sec. 180.180   Orthoarsenic acid.

    A tolerance that expires on July 1, 1995, of 4 parts per million of 
combined As2O3 is established for residues of the defoliant 
orthoarsenic acid in or on the raw agricultural commodity cottonseed.

[FR Doc. 94-1619 Filed 1-25-94; 8:45 am]
BILLING CODE 6560-50-F