[Federal Register Volume 59, Number 148 (Wednesday, August 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18911]


[[Page Unknown]]

[Federal Register: August 3, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300353; FRL-4902-7]
RIN No. 2070-AC18

 

Calcium Hypochlorite; Exemption From Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to establish an exemption from the requirement of 
a tolerance for residues of chlorine gas in or on grapes when applied 
as a fumigant postharvest by means of a chlorine generator pad in 
accordance with good agricultural practices. Chiquita Frupac requested 
this proposed expansion of the tolerance exemption.
DATES: Written comments, identified by the document control number, 
[OPP-300353], must be received on or before September 2, 1994.

ADDRESSES: By mail, submit comments to: Public Docket and Freedom of 
Information Section, 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 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 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Ruth Douglas, Product Manager 
(PM) 32, Registration Division (7505C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington DC 20460. 
Office location and telephone number: Rm. 278, CM #2, Jefferson Davis 
Hwy., Arlington, VA 22202, (703) 305-7964.

SUPPLEMENTARY INFORMATION: Under section 408(e) of the Federal Food, 
Drug, and Cosmetic Act, 21 U.S.C. 346a(e), EPA proposes to exempt from 
the requirement of a tolerance residues of chlorine gas in or on grapes 
when applied as a fumigant postharvest by means of a chlorine generator 
pad. The fumigation process uses polyethylene-lined paper pads 
containing calcium hypochlorite that are packed in grape containers 
during shipment. Under conditions of normal use, the pads are not in 
direct contact with the grapes. The moisture from inside the box and 
the carbon dioxide produced by the metabolic process of the fruit 
permeate the pad, activating the release of chlorine gas. The chlorine 
gas released in the pad diffuses through the paper and the polyethylene 
liner before depositing on the grapes. The exemption for chlorine 
generators would not apply to the use of chlorine gas during food 
processing or as a food-contact surface sanitizer since these uses are 
under the jurisdiction of the Food and Drug Administration.
    Several clearances already exist for the calcium salt of 
hypochlorite used as the precursor of the chlorine gas. Calcium 
hypochlorite is exempted from the requirement of a tolerance when used 
preharvest or postharvest in solution on all raw agricultural 
commodities (40 CFR 180.1054). Calcium hypochlorite is an approved 
inert ingredient in pesticide products when added to a formulation as a 
sanitizing and bleaching agent (40 CFR 180.1001). Calcium hypochlorite 
is cleared by the Food and Drug Administration when used as a rinse on 
food-contact surfaces (21 CFR 178.1010). Chlorine gas is exempted from 
the requirement of a tolerance when used preharvest or postharvest in 
solution on all raw agricultural commodities (40 CFR 180.1095).
    When added to water, chlorine gas reacts to form hypochlorous acid, 
a pesticidally active chemical which kills microorganisms on the 
surface of the commodity to which it is applied. Hypochlorous acid is 
consumed when it reacts with bacteria, fungi, and other organic matter. 
Because of the rapidity with which chlorine gas degrades, there is no 
reasonable expectation that residues of chlorine gas will remain in 
eggs, meat, milk, or poultry in accordance with 40 CFR 180.3. The 
residues that do remain are not of toxicological significance.
    Based upon the above information and review of its use, EPA has 
found that, when used in accordance with good agricultural practice, 
this active 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 that 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.
    Interested persons are invited to submit written comments on the 
proposed regulations. Comments must bear a notation indicating the 
document control number, [OPP-300353]. All written comments filed in 
response to this petition will be available in the Public Information 
Branch, at the address given above, from 8 a.m. to 4 p.m., Monday 
through Friday, except legal holidays.
    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.

Dated: July 15, 1994.

Lois Rossi,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, it is proposed that 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 180.1054 is revised to read as follows:


Sec. 180.1054   Calcium hypochlorite; exemptions from the requirement 
of a tolerance.

    (a) Calcium hypochlorite is exempted from the requirement of a 
tolerance when used preharvest or postharvest in solution on all raw 
agricultural commodities.
    (b) Calcium hypochlorite is exempted from the requirement of a 
tolerance in or on grapes when used as a fumigant postharvest by means 
of a chlorine generator pad.

[FR Doc. 94-18911 Filed 8-2-94; 8:45 am]
BILLING CODE 6560-50-F