[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15677]


[Federal Register: June 28, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300351; FRL-4873-7]
RIN No. 2070-AC18


Poly(Oxyethylene/Oxypropylene) Monoalkyl(C6-C10)Ether-
Sodium Fumarate Adduct; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes that an exemption from the requirement 
of a tolerance be established for residues of poly(oxyethylene/
oxypropylene) monoalkyl(C6-C10)ether-sodium fumarate adduct 
(CAS Reg. No. 102900-02-7) when used as an inert ingredient 
(surfactant) in pesticide formulations applied to growing crops or to 
raw agricultural commodities after harvest under 40 CFR 180.1001(c). 
This proposed regulation was requested by Olin Corp.

DATES: Comments, identified by the document control number, [OPP-
300351], must be received on or before July 28, 1994.

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). Information so marked 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 will be included in the public docket by EPA without prior 
notice. The public docket is available for inspection in Rm. 1132, at 
the address given above, from 8 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Tina Levine, Registration 
Support Branch, Registration Division (7505W), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: 2800 Crystal Drive, 
Arlington, VA 22202, (703)-308-8393.

SUPPLEMENTARY INFORMATION: Olin Corp., 350 Knotter Drive, P.O. Box 586, 
Cheshire, CT 06410-0586, submitted pesticide petition (PP) 4E4325 to 
EPA requesting that the Administrator, pursuant to section 408(e) of 
the Federal Food, Drug, and Cosmetic Act (FFDCA) (21 U.S.C. 346a(e)), 
propose to amend 40 CFR 180.1001(c) by establishing an exemption from 
the requirement of a tolerance for residues of poly(oxyethylene/
oxypropylene) monoalkyl(C6-C10)ether-sodium fumarate adduct 
(CAS Reg. No. 102900-02-7) when used as an inert ingredient 
(surfactant) in pesticide formulations applied to growing crops or to 
raw agricultural commodities after harvest under 40 CFR 180.1001(c).
    Inert ingredients are all ingredients that are not active 
ingredients as defined in 40 CFR 153.125, and include, but are not 
limited to, the following types of ingredients (except when they have a 
pesticidal efficacy of their own): solvents such as alcohols and 
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty 
acids; carriers such as clay and diatomaceous earth; thickeners such as 
carrageenan and modified cellulose; wetting, spreading, and dispersing 
agents; propellants in aerosol dispensers; microencapsulating agents; 
and emulsifiers. The term ``inert'' is not intended to imply 
nontoxicity; the ingredient may or may not be chemically active.
    The data submitted in the petition and other relevant material have 
been evaluated. As part of the EPA policy statement on inert 
ingredients published in the Federal Register of April 22, 1987 (52 FR 
13305), the Agency set forth a list of studies which would generally be 
used to evaluate the risks posed by the presence of an inert ingredient 
in a pesticide formulation. However, where it can be determined without 
that data that the inert ingredient will present minimal or no risk, 
the Agency generally does not require some or all of the listed studies 
to rule on the proposed tolerance or exemption from the requirement of 
a tolerance for an inert ingredient. The Agency has decided that no 
data, in addition to that described below, for poly(oxyethylene/
oxypropylene) monoalkyl(C6-C10)ether-sodium fumarate adduct 
will need to be submitted. The rationale for this decision is described 
below:
    In the case of certain chemical substances that are defined as 
``polymers,'' the Agency has established a set of criteria which 
identify categories of polymers that present low risk. These criteria 
(described in 40 CFR 723.250) identify polymers that are relatively 
unreactive and stable compared to other chemical substances as well as 
polymers that typically are not readily absorbed. These properties 
generally limit a polymer's ability to cause adverse effects. In 
addition, these criteria exclude polymers about which little is known. 
The Agency believes that polymers meeting the criteria noted above will 
present minimal or no risk. Poly(oxyethylene/oxypropylene) 
monoalkyl(C6-C10)ether-sodium fumarate adduct conforms to the 
definition of a polymer given in 40 CFR 723.250(b)(11) and meets the 
following criteria that are used to identify low-risk polymers:
    1. The minimum number-average molecular weight of poly(oxyethylene/
oxypropylene) monoalkyl(C6-C10)ether-sodium fumerate adduct 
is 1,900. Substances with molecular weights greater than 400 generally 
are not absorbed through the intact skin, and substances with molecular 
weights greater than 1,000 generally are not absorbed through the 
intact gastrointestinal (GI) tract. Chemicals not absorbed through skin 
or GI tract generally are incapable of eliciting a toxic response.
    2. Poly(oxyethylene/oxypropylene) monoalkyl(C6-C10)ether-
sodium fumarate adduct is not a cationic polymer, nor is it reasonably 
anticipated to become a cationic polymer in a natural aquatic 
environment.
    3. Poly(oxyethylene/oxypropylene) monoalkyl(C6-C10)ether-
sodium fumarate adduct does not contain less than 32.0 percent by 
weight of the atomic element carbon.
    4. Poly(oxyethylene/oxypropylene) monoalkyl(C6-C10)ether-
sodium fumarate adduct contains as an intergral part of its composition 
the atomic elements carbon, hydrogen, nitrogen, and oxygen.
    5. Poly(oxyethylene/oxypropylene) monoalkyl(C6-C10)ether- 
sodium fumarate adduct does not contain as an intergral part of its 
composition, except as impurities, any elements other than those listed 
in 40 CFR 723.250(d)(3)(ii).
    6. Poly(oxyethylene/oxypropylene) monoalkyl(C6-C10)ether-
sodium fumarate adduct is not a biopolymer, a synthetic equivalent of a 
biopolymer, or a derivative or a modification of a biopolymer that is 
substantially intact.
    7. Poly(oxyethylene/oxypropylene) monoalkyl(C6-C10)ether-
sodium fumarate adduct is not manufactured from reactants containing, 
other than as impurities, halogen atoms or cyano groups.
    8. Poly(oxyethylene/oxypropylene) monoalkyl(C6-C10)ether-
sodium fumarate adduct does not contain a reactive functional group 
that is intended or reasonably anticipated to undergo further reaction.
    9. Poly(oxyethylene/oxypropylene) monoalkyl(C6-C10)ether-
sodium fumarate adduct is not designed or reasonably anticipated to 
substantially degrade, decompose, or depolymerize.
    Based on the information above and review of its use, EPA has found 
that when used in accordance with good agricultural practice this 
ingredient is useful and a tolerance is not necessary to protect the 
public health. Therefore, EPA proposes that the exemption from the 
requirement of a tolerance be established as set forth below.
    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 the ingredient 
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 
FFDCA.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
document control number, [OPP-300351]. All written comments filed in 
response to this petition will be available in the Public Response and 
Program Resources Branch, at the address given above from 8 a.m. to 4 
p.m., Monday through Friday, except legal holidays.
    The Office of Management and Budget has exempted this rule from the 
requirements of section 2 of Executive Order 12866.
    Pursuant to the requirements of the Regulatory Flexibility Act 
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator 
has determined that regulations establishing new tolerances or raising 
tolerance levels or establishing exemptions from tolerance requirements 
do not have a significant economic impact on a substantial number of 
small entities. A certification statement to this effect was published 
in the Federal Register of May 4, 1981 (46 FR 24950).

List of Subjects in 40 CFR Part 180

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

Dated: June 15, 1994.

Stephen L. Johnson,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR part 180 be 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. Section 180.1001(c) is amended in the table therein by adding 
and alphabetically inserting the inert ingredients, to read as follows:


Sec. 180.1001   Exemptions from the requirement of a tolerance.

* * * * *
    (c) *  *  *

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    Inert ingredients            Limits                   Uses          
------------------------------------------------------------------------
                                                                        
                                 *******                                
Poly(oxyethylene/oxypropy  ..................  Surfactant.              
 lene) monoalkyl(C6-                                                    
 C10)ether-sodium                                                       
 fumarate adduct (CAS                                                   
 Reg. No. 102900-02-7),                                                 
 minimum number-average                                                 
 molecular weight 1,900..                                               
                                                                        
                                *******                                 
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[FR Doc. 94-15677 Filed 6-27-94; 8:45 am]
BILLING CODE 6560-50-F