[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21102]


[[Page Unknown]]

[Federal Register: August 31, 1994]


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


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300348A; FRL-4905-4]
RIN 2070-AB78

 

Amended Tolerance Exemptions for Encapsulating Polymers

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This document amends the tolerance exemptions for three 
encapsulating polymers, poly(vinylpyrrolidone-1-eicosene), 
poly(vinylpyrrolidone-1-hexadecene), and vinylpyrrolidone-vinyl acetate 
copolymer, to remove language not directly related to the inert 
ingredient exemption and to replace the specific tolerance exemption 
listings (40 CFR 180.1104, 180.1105, and 180.1106, respectively) for 
these polymers with general listings under 40 CFR 180.1001(c). 
International Specialty Products requested these changes. The Agency is 
also amending a similar tolerance exemption for cross-linked polyurea-
type encapsulating polymer in 40 CFR 180.1001(d) to add additional 
language to specify the reaction products and to remove the specific 
tolerance exemption (40 CFR 180.1039).

EFFECTIVE DATE: This regulation becomes effective August 31, 1994.

ADDRESSES: Written objections, identified by the document control 
number [OPP-300348A], may be submitted to: Hearing Clerk (1900), 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Tina Levine, Registration Support 
Branch, Environmental Protection Agency, 401 M St., SW., Washington, DC 
20460. Office location and telephone number: 2800 Crystal Dr., 6th Fl., 
North Tower, Arlington, VA 22202, (703)-308-8393.

SUPPLEMENTARY INFORMATION: In the Federal Register of June 22, 1994 (59 
FR 32173), EPA issued a proposed rule that gave notice that 
International Specialty Products (ISP), 1361 Alps Rd., Wayne NJ 07470, 
had submitted petitions to amend the exemptions from the requirement of 
a tolerance for poly(vinylpyrrolidone-1-eicosene), pesticide petition 
(PP) 4E4307, poly(vinylpyrrolidone-1-hexadecene), PP 4E4304, and 
vinylpyrrolidone-vinyl acetate copolymer, PP 4E4306, to remove the 
specific exemptions in 40 CFR part 180 for these polymeric 
encapsulating agents and list them in 40 CFR 180.1001(c).
    In addition to the three polymers that were the subject of these 
petitions, the Agency noted that there was a similar specific exemption 
for cross-linked polyurea-type encapsulating polymer (40 CFR 180.1039) 
and proposed to amend this exemption also.
    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.
    One comment was received in response to the proposed rule. The 
commenter noted that in the Federal Register of July 21, 1993 (58 FR 
38977), EPA removed 40 CFR 180.1039 (cross-linked polyurea-type 
encapsulating polymer) and replaced it under 40 CFR 180.1001(d) (use as 
encapsulating agent). The commenter asked whether the current proposal 
was intended to replace or be used in addition to the listing finalized 
in the previous notice.
    The commenter is correct that the changes to 40 CFR 180.1039 
proposed June 22, 1994 are redundant. The changes finalized last July, 
although based on the OPPT polymer exemption, effected the desired 
outcome. However, in reviewing the comment, EPA noted several 
ommissions from the July 21, 1993 notice which are now being corrected: 
(1) The final notice did not remove 40 CFR 180.1039, and (2) the 
general listing for cross-linked polyurea did not specify the reaction 
products. As cross-linked polyurea is a general term and may refer to 
several chemicals and only the specific chemical described by 40 CFR 
180.1039 was reviewed, additional language on the reaction products has 
been added to the listing under 40 CFR 180.1001(d).
    Any person adversely affected by this regulation may, within 30 
days after publication of this document in the Federal Register, file 
written objections and/or request a hearing with the Hearing Clerk, at 
the address given above (40 CFR 178.20). A copy of the objections and/
or 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 such issues, 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 of such 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).
    Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency 
must determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines a ``significant regulatory action'' as an action that 
is likely to result in 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 referred to 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 the rights and obligations or recipients 
thereof; 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 the Executive Order, EPA has determined 
that this rule is not ``significant'' and is therefore not subject to 
OMB review. 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, Recording and 
recordkeeping requirements.

Dated: August 19, 1994.

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

    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. In Sec. 180.1001, paragraph (c) is amended in the table therein 
by adding and alphabetically inserting the following inert ingredients, 
and paragraph (d) is amended in the table therein by revising the entry 
for cross-linked polyurea-type encapsulating polymer, to read as 
follows:


Sec. 180.1001   Exemptions from the requirement of a tolerance.

* * * * *
    (c) *  *  * 

------------------------------------------------------------------------
    Inert ingredients            Limits                  Uses           
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
Poly(vinylpyrrolidone-1-   Minimum average     Dispersing agent         
 eicosene) (CAS Reg. No.    molecular weigh                             
 28211-18-9).               3,000.                                      
Poly(vinylpyrrolidone-1-   Minimum average     Dispersing agent         
 hexadecene) (CAS Reg.      molecular weight                            
 No. 63231-81-2).           4,700.                                      
                                                                        
                              * * * * * * *                             
Vinylpyrrolidone-vinyl     Minimum average     Emulsion stabilizer, film-
 acetate copolymer (CAS     molecular weight    forming agent           
 Reg. No. 25086-89-9).      6,700.                                      
                                                                        
                              * * * * * * *                             
------------------------------------------------------------------------

    (d) *  *  *

------------------------------------------------------------------------
    Inert ingredients            Limits                  Uses           
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
Cross linked polyurea-     ..................  Encapsulating agent      
 type encapsulating                                                     
 polymer formed by the                                                  
 reduction of a mixture                                                 
 of toluene diisocyanate                                                
 and polymethylene                                                      
 polyphenylisocyanate.                                                  
                                                                        
                              * * * * * * *                             
------------------------------------------------------------------------

* * * * *


Sec. 180.1039   [Removed]

    3. Section 180.1039 is removed.


Sec. 180.1104   [Removed]

    4. Section 180.1104 is removed.


Sec. 180.1105   [Removed]

    5. Section 180.1105 is removed.


Sec. 180.1106   [Removed]

    6. Section 180.1106 is removed.

[FR Doc. 94-21102 Filed 8-30-94; 8:45 am]
BILLING CODE 6560-50-F