[Federal Register Volume 60, Number 117 (Monday, June 19, 1995)]
[Rules and Regulations]
[Pages 32094-32097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14911]
[[Page 32093]]
_______________________________________________________________________
Part V
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 152, et al.
Pesticides; Technical Amendments; Final Rule
Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules
and Regulations
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[[Page 32094]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 152, 153, 156, 157, 162, 165, 172, 180, 185, 186
[OPP-00409; FRL-4955-1]
Pesticides; Technical Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is revising its pesticide regulations by removing
obsolete, superseded, expired and otherwise unnecessary sections from
various parts of its regulations. These technical amendments will
simplify and condense the regulations, and reduce regulatory burdens,
without loss of health and environmental protection. EPA is also making
associated revisions to cross-references reflecting the deletion of
regulations. This final rule is a technical amendment for which notice
and comment are unnecessary.
DATES: These amendments are effective August 18, 1995.
FOR FURTHER INFORMATION CONTACT: Jean M. Frane, Policy and Special
Projects Staff (7501C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Office
location, telephone number and e-mail address: Rm. 1113, CM #2, 1921
Jefferson Davis Highway, Arlington, VA., (703) 305-5944,
[email protected].
SUPPLEMENTARY INFORMATION
I. Background
On March 16, 1995, President Clinton announced a new initiative
under which EPA (and other Agencies) would review all existing
regulations. The Regulatory Reinvention initiative is intended to
identify opportunities for streamlining, simplifying, reducing
reporting and recordkeeping burdens, and promoting partnerships and
stakeholder involvement in EPA regulation review.
As a result of the President's Regulatory Reinvention review, EPA
has reviewed each of its pesticide regulations and identified
provisions that should be removed, revised, or evaluated further for
streamlining and simplification. This final rule accomplishes a number
of changes, primarily deletions, that do not require notice and comment
under the Administrative Procedure Act (APA). This is the first in a
series of notices intended to accomplish the goals of the Regulatory
Reinvention initiative. Other modifications to regulations will be
proposed for notice and comment at a later date. In addition, a number
of pesticide regulations are being evaluated further for more
significant and far-reaching streamlining opportunities, including
evaluating the requirements of the underlying programs themselves as
reflected in regulations. Elsewhere in today's Federal Register, EPA is
issuing additional regulatory revisions under other statutes
administered by the Agency.
II. Pesticide Regulations
EPA regulates pesticides under the authority of two statutes, the
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which
regulates the sale, distribution and use of pesticides in the United
States, and the Federal Food, Drug and Cosmetic Act (FFDCA), which
regulates, among other things, pesticide residues in food and feed.
Pesticide regulations administered by EPA are located in 40 CFR parts
150-189, and comprise approximately 525 pages in the Code of Federal
Regulations.
A. The Federal Insecticide, Fungicide and Rodenticide Act
Because FIFRA is a licensing statute, its regulations are, in
significant part, procedural in nature. They describe how pesticide
registrants and other persons must interact with EPA to obtain and
maintain permission to market and use pesticides without causing
unreasonable adverse effects on man or the environment, and the
policies that EPA will use in administering these licensing programs.
Substantive requirements affecting pesticide sale, distribution or use,
for the most part, are not issued in regulatory form, but are
incorporated into the registration and other licensing decisions that
EPA makes. Because most of its regulations are procedural, EPA believes
that few pesticide regulations under FIFRA can be removed or
substantially modified without interfering with efficient
administration of the programs they describe. Similarly, many of the
recordkeeping and reporting burdens associated with these regulations
are necessary simply for pesticide producers, registrants and others to
deal with EPA in licensing matters.
B. The Federal Food, Drug and Cosmetic Act
By contrast, the FFDCA broadly requires EPA to regulate pesticide
residues in food and feed, to ensure that the American public is
protected against harmful residues in its food supply. Although some
procedural regulations are necessary to administer the program (a
petition process, together with an administrative hearing process), the
bulk of regulations issued under the FFDCA consist of individual
tolerances, exemptions or other clearances of pesticide chemicals in
various foods and feeds. Of approximately 250 pages of regulations
devoted to the FFDCA in EPA's pesticide regulations, procedural
regulations comprise only about 20 percent. In addition, there are a
number of finding aids and indexes that catalog and cross-reference
these regulations.
III. Technical Changes to Pesticide Regulations
EPA has identified a number of technical amendments that can be
made to its pesticide regulations at this time. For the most part,
these consist of deletions of superseded or outmoded requirements,
deletion of unnecessary material that conveys only guidance or
information, but not regulatory requirements, deletion of regulations
that are not required by law, or simple formatting changes to
consolidate and clarify requirements. These changes are described in
this Unit.
A. Part 152 - Pesticide Registration and Classification Procedures
Part 152 contains procedural regulations for registration. EPA is
modifying this part as follows:
1. Reregistration. Subpart D contains procedural requirements for
reregistration of pesticides. Shortly after these regulations were
promulgated in 1988, Congress amended FIFRA (the amended law is
commonly referred to as ``FIFRA-88''), establishing a detailed set of
requirements for reregistration. This subpart has therefore been
superseded.
2. Amendment or notification to change active ingredient source.
Section 152.85(c), promulgated in 1984, requires that registrants who
wish to change from one registered source of active ingredient to
another must submit an application for amended registration. Section
152.46(a)(4), promulgated in 1988, permits such a change by simple
notification to the Agency. EPA is clarifying these conflicting
sections by deleting the requirement in Sec. 152.85(c) for an amended
registration and retaining the notification requirement.
3. Voluntary cancellation. Section 6(f) of FIFRA-88 established new
procedures for registrants and EPA to effect voluntary cancellations of
registration. The current regulation in 40 CFR 152.138 is therefore
incomplete and no longer reflects the procedures EPA uses. Rather than
continue regulations that are incomplete, EPA is deleting parts of
these regulations, and moving still-current material on
[[Page 32095]] supplemental distributor products into Sec. 152.132.
4. Actions affecting registration. Subpart H of part 152 describes
the various types of actions that are associated with registration, and
refers readers to other parts of the regulations for elaboration of
those requirements. Since this material is largely informational and
guidance, it is not necessary in regulations and is being deleted.
5. Obsolete restricted use chemicals. Section 152.175 contains a
list of pesticides that have been restricted by regulation. These were
promulgated originally between 1978 and 1981 and a number of the
chemicals are no longer registered. EPA is deleting obsolete listings
for 16 pesticides from Sec. 152.175.
6. Intrastate pesticide products. Subpart L describes requirements
applicable to the conversion of intrastate pesticide products to
Federally-registered products. FIFRA as enacted in 1972 no longer
permitted pesticides to be registered solely by States; Federal
registration was required.
The process of converting these products began in 1972 and by 1988
was winding down. Subpart L permitted continued sale and distribution
of intrastate products until EPA could determine the acceptability of
their Federal registration. EPA believes that all intrastate products
have been converted or are no longer being marketed. Accordingly, EPA
is deleting subpart L.
B. Subpart 153 - Registration Policies and Interpretations
This part contains various non-procedural policies and
interpretations that are associated with registration. EPA is modifying
this part as follows:
1. Reporting of adverse effects information. Subpart D of part 153
(promulgated in 1985) contains a set of regulations implementing FIFRA
section 6(a)(2), describing when and how registrants must report
adverse effects information to the Agency. Although promulgated in
1985, this subpart has never been made effective, and EPA is currently
preparing to promulgate an updated adverse effects reporting rule,
which will be clearer, simpler, and contain reduced reporting
requirements. Because subpart D is not effective, and in anticipation
of a replacement regulation being issued, EPA is deleting subpart D.
2. Inert ingredients in antimicrobial products. Section 153.139
contains a list of chemicals that EPA has determined generally to be
inert (as opposed to pesticidally active) in antimicrobial products.
The listing is still valid, and EPA intends to continue to use it as
the basis for inert ingredient determinations, but EPA believes that
the list can be more efficiently updated informally by the Agency
outside of the regulations. EPA intends to maintain the list within the
Agency, and make it available as needed to registrants. Accordingly,
EPA is deleting Sec. 153.139.
3. Coloration of pesticides. Subpart H addresses the circumstances
when pesticide products must be colored or discolored. The individual
pesticides listed in this subpart (arsenicals and fluosilicate
compounds) are no longer registered and not sold for pesticide use.
Accordingly, EPA is deleting four sections in this subpart requiring
coloration or discoloration of individual pesticide products. EPA is
also revising Sec. 153.140 to delete references to the coloration
system. EPA will retain Sec. 153.155 which requires that seed treatment
products be colored with an EPA-approved dye to avoid the possibility
that treated seeds may be inadvertently used as animal feed.
4. Devices. Subpart M contains a listing of FIFRA requirements
pertaining to pesticide devices. Although not required to be
registered, devices are subject to a variety of requirements, such as
labeling, and compliance activities such as recordkeeping and
registration of establishments. This section simply refers the reader
to those requirements in FIFRA and the regulations that apply to
devices. Even though individually these requirements are stated
elsewhere, EPA believes that the compilation of requirements in a
single location is useful to the regulated industry. EPA is
transferring the material, however, into part 152 as subpart Z.
C. Part 157 - Packaging Requirements for Pesticides and Devices
This part, promulgated in 1986, consists solely of requirements for
child-resistant packaging at this time. EPA is removing Sec. 157.39,
which stated the compliance date for the rule, now past.
D. Part 165 - Regulations for the Acceptance of Certain Pesticides and
Recommended Procedures for the Disposal and Storage of Pesticides and
Pesticide Containers
This part, promulgated in 1974, addresses two discrete topics.
Subpart B contains regulations under which EPA was required to accept
for disposal pesticides that were both suspended and canceled.
Subsequent to promulgation, FIFRA-88 transferred to pesticide
registrants the responsibility for such disposal. EPA has completed the
disposal of all pesticides for which it was responsible under these
regulations and subpart B is no longer needed. Subparts C and D contain
recommended procedures for storage and disposal of pesticides and
containers. These subparts were superseded by the passage of the
Resource Conservation and Recovery Act in 1976. Moreover, FIFRA section
19 contains new authority for EPA in the area of pesticide storage and
disposal, and regulations under current section 19 have been proposed
that would replace part 165. Accordingly, EPA is deleting part 165.
E. Part 172 - Experimental Use Permits
This part describes the procedures for applying for and obtaining
an experimental use permit under FIFRA section 5. The holder of an
experimental use permit is required by Sec. 172.8 to submit quarterly
progress reports on his or her experimental work, and a final report.
EPA finds that the quarterly progress reports are not needed, and
rarely used by the Agency, and is deleting the requirement for such
reports contained in Sec. 172.8(b)(1). The final report, however,
required by Sec. 172.8(b)(2) is being retained: the information
required in the final report is used to evaluate the experimental
program and the data generated during the program are used in future
determinations on the registrability of the pesticide.
F. Parts 180, 185, and 186 - Pesticide Tolerances
These three parts contain listings of individual tolerances for raw
foods, processed foods, and processed animal feeds, respectively. Some
of these tolerances are time-limited and have expired. EPA is deleting
expired time-limited tolerances from various regulations in these
parts.
IV. Effect of Deletion of Regulations
The removal or modification of these regulatory provisions from the
Code of Federal Regulations is not intended to affect the status of any
civil or criminal actions initiated prior to June 19, 1995, or which
may be initiated in the future to redress violations of the rules that
occurred when the rules were still legally in effect.
V. Good Cause Exemption From Notice and Comment Rulemaking
Procedures
The Administrative Procedure Act generally requires agencies to
provide prior notice and opportunity for public comments before issuing
a final rule. Rules are exempt from the requirement [[Page 32096]] if
the agency finds for good cause that notice and comment are
unnecessary. For the reasons discussed in Unit III of this preamble,
EPA has determined that providing prior notice and opportunity for
comment on the modification or deletion from the CFR of these rules is
unnecessary.
VI. Regulatory Assessment Requirements
A. Executive Order 12866
Under Executive Order 12866, 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 section of the economy,
productivity, competition, jobs, the environmental, 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 (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.
Under the terms of this Executive Order, it has been determined
that this rule is not ``significant'' and is therefore not subject to
OMB review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 605(b)), EPA
has determined that this is not a significant regulation. These
amendments lessen burdens rather than add burdens; therefore review
under the RFA is not required.
C. Paperwork Reduction Act
This rule contains no information collection requirements, and,
therefore is not required to be reviewed under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
List of Subjects in 40 CFR Parts 152, 153, 156, 157, 162, 165, 172,
180, 185, 186
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Animal feeds, Food additives, Infants and
children, Intergovernmental relations, Labeling, Packaging and
containers, Pesticides and pests, Reporting and recordkeeping
requirements, Research.
Dated: June 14, 1995.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
Therefore, under the Administrator's authority, 7 U.S.C. 136 et
seq. and 21 U.S.C. 346 et seq., title 40, chapter I of the Code of
Federal Regulations, is amended as follows:
1. In part 152:
PART 152--[AMENDED]
a. The authority citation continues to read as follows:
Authority: 7 U.S.C. 136-136y; Subpart U is also issued under 31
U.S.C. 9701.
Sec. 152.1 [Amended]
b. Section 152.1 is amended by removing the last sentence.
Sec. 152.50 [Amended]
c. In Sec. 152.50, paragraph (f)(3) is amended by removing the last
sentence.
Subpart D [Removed and Reserved]
d. Subpart D, consisting of Secs. 152.60 through 152.70, is removed
and reserved.
Sec. 152.85 [Amended]
e. In Sec. 152.85, paragraph (c) is amended by removing the second
sentence.
Sec. 152.115 [Amended]
f. In Sec. 152.115(d), the words ``and Sec. 152.148'' are removed.
Sec. 152.125 [Amended]
g. In Sec. 152.125, the words ``and subpart D of part 153 of this
chapter'' are removed.
Sec. 152.132 [Amended]
Sec. 152.138 [Partially Redesignated and Removed]
h. Section Sec. 152.138 is amended by redesignating paragraph (c)
as paragraph (e) of Sec. 152.132, and by removing the remainder of
Sec. 152.138.
Subpart H [Removed and Reserved]
i. Subpart H, consisting of Secs. 152.140 through 152.159, is
removed and reserved.
Sec. 152.175 [Amended]
j. In the table in Sec. 152.175, the complete entries for
acrylonitrile, allyl alcohol, calcium cyanide, chlorfenvinphos,
cycloheximide, demeton, dioxathion, endrin, EPN, fensulfothion,
fluoracetamide/1081, hydrocyanic acid, mevinphos, monocrotophos,
phosacetim and TEPP are removed.
Subpart L [Removed and Reserved]
k. Subpart L, consisting of Secs. 152.220 through 152.230, is
removed and reserved.
Subpart Z to part 152 [Redesignated From Subpart M to Part 153]
l. Subpart Z entitled Devices, is redesignated from subpart M, part
153. Subpart Z consists of Sec. 152.500 which is redesignated from
Sec. 153.240.
2. In part 153:
PART 153--[AMENDED]
a. The authority citation is revised to read as follows:
Authority: 7 U.S.C. 136w.
Subpart D [Removed and Reserved]
b. Subpart D, consisting of Secs. 153.61 through 153.78, is removed
and reserved.
Sec. 153.125 [Amended]
c. In Sec. 153.125, by removing the parenthetical text ``(including
those listed in Sec. 153.139),'' from paragraph (b) and by removing
paragraph (c) and by redesignating paragraphs (d) and (e) as paragraphs
(c) and (d), respectively.
Secs. 153.139, 153.142, 153.145, 153.150, and 153.158 [Removed]
d. Sections 153.139, 153.142, 153.145, 153.150, and 153.158 are
removed.
e. Section 153.140 is revised to read as follows:
Sec. 153.140 General.
Section 25(c)(5) of the Act authorizes the Administrator to
prescribe regulations requiring coloration or discoloration of any
pesticide if the Administrator determines that such requirements are
feasible and necessary for the protection of health and the
environment. This subpart describes those pesticide products which must
be colored or discolored.
Subpart M to part 153 [Redesignated]
f. Subpart M and Sec. 153.240 are redesignated as Subpart Z in part
152 and Sec. 152.500, respectively.
3. In part 156:
PART 156--[AMENDED]
a. The authority citation continues to read as follows:
Authority: 7 U.S.C. 136-136y.
Sec. 156.10 [Amended]
b. In Sec. 156.10 paragraph (a)(5) introductory text is amended by
[[Page 32097]] changing the reference to ``Sec. 153.240'' to read
``Sec. 152.500''.
4. In part 157:
PART 157--[AMENDED]
a. The authority citation is revised to read as follows:
Authority: 7 U.S.C. 136w.
Sec. 157.39 [Removed]
b. Section 157.39 is removed.
5. In part 162:
PART 162--[AMENDED]
a. The authority citation for subpart D is revised to read as
follows:
Authority: 7 U.S.C. 136v, 136w.
Sec. 162.150 [Amended]
b. In Sec. 162.150, paragraph (b) is amended by removing the third
sentence.
Sec. 162.153 [Amended]
c. In Sec. 162.153, paragraph (c)(2), the reference to ``subpart A
of this part, and of part 163 of this chapter,'' is revised to read
``part 152 of this chapter,'' and in paragraph (d) the reference to
``subpart A and of part 163'', is revised to read ``part 152 of this
chapter''.
PART 165--[REMOVED]
6. Part 165 is removed.
7. In part 172:
PART 172--[AMENDED]
a. The authority citation is revised to read as follows:
Authority: 7 U.S.C. 136c, 136w. Section 172.4 is also issued
under 31 U.S.C. 9701.
Sec. 172.8 [Amended]
b. In Sec. 172.8, paragraph (b)(1) is removed and reserved.
c. In Sec. 172.25, by revising paragraphs (g)(1) and (g)(2) to read
as follows:
Sec. 172.25 Administration of State programs.
* * * * *
(g) * * *
(1) Disposed of in accordance with a disposal plan approved as part
of the experimental program; or
(2) Returned to the permittee for storage or disposal in accordance
with the requirements of RCRA and rules there under; or
* * * * *
8. In part 180:
PART 180--[AMENDED]
a. The authority citation continues to read as follows:
Authority: 21 U.S.C. 346a and 371.
b. Section 180.115 is revised to read as follows:
Sec. 180.115 Zineb; tolerances for residues.
Tolerances for residues of the fungicide zineb (zinc ethylene
bisdithiocarbamate) in or on raw agricultural commodities are
established as follows:
------------------------------------------------------------------------
Parts Per
Commodity million Expiration date
------------------------------------------------------------------------
Grapes (wine use only)\1\.... 7 December 31, 1997
------------------------------------------------------------------------
\1\ Wine grapes grown for wine vintage years 1992 (Northern Hemisphere),
1993 (Southern Hemisphere), and earlier.
Secs. 180.246, 180.285, and 180.1005 [Removed]
c. Sections 180.246, 180.285, and 180.1005 are removed.
Sec. 180.319 [Amended]
d. In the table in Sec. 180.319, the entire entries for ``sodium
arsenite'' and ``zineb (zinc ethylene bisdithiocarbamate)'' are
removed.
Sec. 180.320 [Amended]
e. In Sec. 180.320, by removing the designation for paragraph (a)
and by removing paragraph (b).
9. In part 185:
PART 185--[AMENDED]
a. The authority citation continues to read as follows:
Authority: 21 U.S.C. 346a and 348.
Sec. 185.2275 [Removed]
b. Section 185.2275 is removed.
Sec. 185.2700 [Amended]
c. In Sec. 185.2700, by removing the designation for paragraph (a),
and by removing paragraphs (b) and (c).
10. In part 186:
PART 186--[AMENDED]
a. The authority citation continues to read as follows:
Authority: 21 U.S.C. 348.
Secs. 186.400, 186.750, 186.3415, 186.4725, and 186.5225 [Removed]
b. Sections 186.400, 186.750, 186.3415, 186.4725, and 186.5225 are
removed.
Sec. 186.2275 [Amended]
c. In Sec. 186.2275, by removing the designation for paragraph (a)
and by removing paragraph (b).
[FR Doc. 95-14911 Filed 6-16-95; 8:45 am]
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