[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