[Federal Register Volume 59, Number 206 (Wednesday, October 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26470]


[[Page Unknown]]

[Federal Register: October 26, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300330C; FRL-4913-9]
RIN 2070-AB78

 

Methyl Vinyl Ether-Maleic Acid Copolymer and Methyl Vinyl Ether-
Maleic Acid Copolymer Calcium Sodium Salt; Tolerance Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document modifies the uses and categories of exemptions 
included in the recent regulation establishing an exemption from the 
requirement of a tolerance for residues of methyl vinyl ether-maleic 
acid copolymer (CAS Reg. No. 25153-40-6) and methyl vinyl ether-maleic 
acid copolymer calcium sodium salt (CAS Reg. No. 62386-95-2) in order 
to correctly list the exemptions and uses for these polymers. EPA is 
establishing exemptions from the requirement of a tolerance for 
residues of these polymers when used as inert ingredients (dispersants, 
seed-coating adhesives) in pesticide formulations applied to growing 
crops and raw agricultural commodities after harvest. International 
Specialty Products requested this regulation.

EFFECTIVE DATE: This regulation becomes effective October 26, 1994.

ADDRESSES: Written objections, identified by the document control 
number, [OPP-300330C], may be submitted to: Hearing Clerk (1900), 
Environmental Protection Agency, Rm. M3708, 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 request 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: 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, 
North Tower, Arlington, VA 22202, (703)-308-8393.

SUPPLEMENTARY INFORMATION: In the Federal Register of August 24, 1994 
(59 FR 43526), EPA issued a proposed rule that gave notice that 
International Specialty Products (ISP), 1361 Alps Rd., Wayne, NJ 07470, 
had submitted petitions (PPs 3E4260 and 3E4261) 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) and (e) by establishing an exemption from the requirement 
of a tolerance for residues of methyl vinyl ether-maleic acid copolymer 
(CAS Reg No. 25153-40-6) and methyl vinyl ether-maleic acid copolymer 
calcium sodium salt (CAS Reg. No. 62386-95-2) when used as inert 
ingredients (dispersants, seed-coating adhesives) in pesticide 
formulations applied to growing crops, raw agricultural commodities 
after harvest, or animals. For simplicity, the exemption from tolerance 
under 40 CFR 180.1001(c) was requested for the seed-coating adhesive 
use, which is only applicable to growing crops, as well as the 
dispersant use, which could include post-harvest uses. The exemption 
from tolerance under 40 CFR 180.1001(e) would apply to the use of the 
inerts as dispersants in formulations applied to animals.
    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.
    There were no comments or requests for referral to an advisory 
committee received in response to the proposed rule.
    The data submitted relevant to the proposal and other relevant 
material have been evaluated and discussed in the proposed rule. Based 
on the data and information considered, the Agency concludes that the 
tolerance exemptions will protect the public health. Therefore, the 
tolerance exemptions are established as set forth below.
    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 of 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, Reporting and 
recordkeeping requirements.

Dated: September 28, 1994.

Lois Rossi,
Acting 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. Section 180.1001 is amended in paragraph (c) in the table 
therein by revising the entry for methyl vinyl ether-maleic acid 
copolymer and adding immediately thereafter the entry for methyl vinyl 
ether-maleic acid copolymer calcium sodium salt and in paragraph (e) in 
the table therein by adding and alphabetically inserting the entry for 
methyl vinyl ether-maleic acid copolymer and revising the entry for 
methyl vinyl ether-maleic acid copolymer calcium sodium salt, to read 
as follows:


Sec. 180.1001   Exemptions from the requirement of a tolerance.

*        *        *        *        *
    (c) *  *  *

------------------------------------------------------------------------
    Inert ingredients            Limits                   Uses          
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
Methyl vinyl ether-maleic  ..................  Dispersant, seed-coating 
 acid copolymer (CAS Reg.                       adhesive                
 No. 25153-40-6), minimum                                               
 number-average molecular                                               
 weight 75,000.                                                         
Methyl vinyl ether-maleic  ..................  Dispersant, seed-coating 
 acid copolymer calcium                         adhesive                
 sodium salt (CAS Reg.                                                  
 No. 62386-95-2), minimum                                               
 number-average molecular                                               
 weight 900,000..                                                       
                                                                        
                              * * * * * * *                             
------------------------------------------------------------------------

* * * * *
    (e) * * *

------------------------------------------------------------------------
    Inert ingredients            Limits                   Uses          
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
Methyl vinyl ether-maleic  ..................  Dispersant               
 acid copolymer (CAS Reg.                                               
 No. 25153-40-6), minimum                                               
 number-average molecular                                               
 weight 75,000.                                                         
Methyl vinyl ether-maleic  ..................  Dispersant               
 acid copolymer calcium                                                 
 sodium salt (CAS Reg.                                                  
 No. 62386-95-2), minimum                                               
 number-average molecular                                               
 weight 900,000..                                                       
                                                                        
                              * * * * * * *                             
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[FR Doc. 94-26470 Filed 10-25-94; 8:45 am]
BILLING CODE 6560-50-F