[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Notices]
[Pages 6524-6526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3224]


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ENVIRONMENTAL PROTECTION AGENCY
[PF-698; FRL-5585-4]


Englehard Corporation; Pesticide Tolerance Petition Filing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing.

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SUMMARY: This notice announces the initial filing of a pesticide 
petition proposing a temporary exemption from the requirement of a 
tolerance for residues of kaolin in or on apples, apricots, bananas, 
beans, cane berries, citrus fruits, corn, cotton, cucurbits, grapes, 
nuts, ornamentals, peaches, peanuts, pears, peppers, potatoes, seed 
crops, soybean, small grains, strawberries, sugar beets, and tomatoes. 
The summary was prepared by the petitioner, Engelhard Corporation.

DATES: Comments, identified by the docket control number [PF-698], must 
be received on or before March 14, 1997.

ADDRESSES: By mail, submit written comments 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 comments to: Crystal Mall #2, 
Room 1132, 1921 Jefferson Davis Highway, Arlington, VA.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect in 5.1 file format or ASCII file 
format. All comments and data in electronic form must be identified by 
the docket control number [PF-698]. Electronic comments on this notice 
may be filed online at many Federal Depository Libraries. Additional 
information on electronic submissions can be found in Unit II. of this 
document.
    Information submitted as comments concerning this notice may be 
claimed confidential by marking any part or all of that information as 
``Confidential Business Information'' (CBI). CBI should not be 
submitted through e-mail. Information marked as CBI 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 Room 1132 at the 
address given above, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail, Sheryl Reilly, Regulatory 
Action Leader, (PM 90), Biopesticides and Pollution Prevention Division 
(7501W), Office of Pesticide Programs, Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. Office location, telephone 
number, and e-mail address: Crystal Station #1, 5th Floor, 2800 Crystal 
Drive, Arlington, VA, 703-308-8265, e-mail: 
[email protected].
SUPPLEMENTARY INFORMATION: EPA has received a pesticide petition [PP-
7G4793] from Engelhard Corporation, 101 Wood Ave., Iselin, NJ 08830. 
The petition proposes, pursuant to section 408 of the Federal Food, 
Drug and Cosmetic Act (FFDCA), 21 U.S.C. 346a, to amend 40 CFR part 180 
to establish a temporary exemption from the requirement of a tolerance 
for residues of the biochemical pesticide kaolin in or on the raw 
agricultural commodities apples, apricots, bananas, beans, cane 
berries, citrus fruits, corn, cotton, cucurbits, grapes, nuts, 
ornamentals, peaches, peanuts, pears, peppers, potatoes, seed crops, 
soybean, small grains, strawberries, sugar beets, and tomatoes. EPA has 
determined that the petition contains data or information regarding the 
elements set forth in section 408(d)(2) of the FFDCA; however, EPA has 
not fully evaluated the sufficiency of the submitted data at this time 
or whether the data supports

[[Page 6525]]

granting of the petition. Additional data may be needed before EPA 
rules on the petition. As required by section 408(d) of the FFDCA, as 
recently amended by the Food Quality Protection Act (FQPA) Pub. L. 104-
170, Engelhard Corporation included in the petition a summary of the 
petition and authorization for the summary to be published in the 
Federal Register in a notice of receipt of the petition. The summary 
represents the views of Engelhard Corporation; EPA, as mentioned above, 
is in the process of evaluating the petition. As required by section 
408(d)(3) of the FFDCA, EPA is including the summary as a part of this 
notice of filing. EPA may have made minor edits to the summary for the 
purpose of clarity.

I. Petition Summary

A. Proposed Use Practices

     The proposed experimental program will be conducted in the states 
of Alabama, Arizona, California, Florida, Georgia, Idaho, Maryland, 
Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, 
Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Virgin 
Islands, Virginia, Washington, and West Virginia. Crops to be treated 
are apples, apricots, bananas, beans, cane berries, citrus fruits, 
corn, cotton, cucurbits, grapes, nuts, ornamentals, peaches, peanuts, 
pears, peppers, potatoes, seed crops, soybean, small grains, 
strawberries, sugar beets, and tomatoes. Treatment is made shortly 
after leaf or plant emergence and applied to crops at 7 to 10-day 
intervals. Treatment will not be applied within 10 days of harvest. 
Dosage rates are 10 to 100 lbs of the formulated kaolin per acre and 
are applied with standard commercial spray equipment. The first year 
target pests are aphids, apple scab, codling moth, fireblight, leaf 
hoppers, and pear psylla. The second year target pests are aphid 
complex, apple scab, armyworm, bacteria spot, bollworms, citrus canker, 
citrus rust, codling moth, Colorado potato beetle, cotton flea hopper, 
European and spotted red mite, fabrea leaf spot, early and late blight, 
fireblight, flyspeck, Japanese beetle, leaf hopper complex, leaf 
rollers, mealybug, mildews, phylloxera, pear psylla, pear rust mites, 
Pierce's Disease, rots, scales, tarnish plant bug, thrips, wheat stem-
saw fly, and whitefly.

B. Product Identity/Chemistry

    1. Kaolin is a white, nonporous, nonswelling, natural 
aluminosilicate mineral with the chemical formula of 
Al4Si4O10(OH)8. Kaolin is one of the most highly 
divided and highly refined naturally occurring minerals. Median 
particle size of commercial products vary between 0.1-10 microns. 
Kaolin is chemically inert. Its hydrophilic surface allows kaolin to be 
easily dispersed in water at neutral pH values of 6-8. Common physical 
properties of kaolin are: platy shape, high brightness (80-95), 
specific gravity 2.58-2.63, refractive index 1.56-1.62, and Mohs 
hardness 2-3.
    2. A temporary exemption from the requirement of a tolerance is 
requested for kaolin.
    3. An analytical method for detecting and measuring the levels of 
kaolin residue are not needed because kaolin has GRAS (Generally 
Recognized as Safe) status under 21 CFR 186.1256 and is generally 
recognized as safe ``as an indirect human food ingredient with no 
limitation other than current good manufacturing practice.''

C. Mammalian Toxicological Profile

    Waivers are requested for acute toxicity, genotoxicity, 
reproductive and developmental toxicity, subchronic toxicity, and 
chronic toxicity. Kaolin is used as an indirect food additive for 
paper/paper board in wet and fatty food contact, paper/paper board dry 
food contact, adhesives, polymeric coatings, rubber articles, and 
cellophane. Kaolin is used in pharmaceuticals, tablet diluents, 
poultices, and surgical dusting powders. Kaolin is used as a cosmetic 
in face powders, face masks, and face packs. Kaolin is used in health 
products and toiletries, toothpaste, and antiperspirants. Kaolin can be 
used directly in foods as an anti-caking agent (up to 2.5%).

D. Aggregate Exposure

    1. Dietary exposure of kaolin via food or water is difficult to 
estimate due to the use of kaolin in thousands of products. Kaolin is 
an inert mineral and has no known toxicological effects.
    2. Increased non-dietary exposure of kaolin via lawn care, topical 
insect repellents, etc. will be minimal. Kaolin is already used in the 
products listed in Unit I.C. of this document. The amount of kaolin 
currently used in the U.S. pesticide industry as an inert is between 2 
million lbs. and 10 million lbs. per year.

E. Cumulative Exposure

    Kaolin has no mode of toxicity and therefore cumulative exposure is 
not applicable. Kaolin is used in thousands of products as well as 
being a naturally occurring part of the earth. Cumulative exposure is 
not possible to calculate nor is it necessary due to the non-toxic 
nature of kaolin.

F. Safety Determination

    1. For the U.S. population kaolin has no known adverse effects.
    2. For infants and children kaolin has no known adverse effects.

G. Existing Tolerances

    1. Kaolin is listed as exempt from the requirement of a tolerance 
``when used in accordance with good agricultural practice as an inert 
(or occasionally active) ingredient in pesticide formulations applied 
to growing crops or to raw agricultural commodities after harvest.''(40 
CFR 180.1001)
    2. The registrant does not know if international tolerance 
exemptions exist; however, since kaolin is commonly used as an inert in 
chemical pesticide formulations, it is assumed that such exemptions 
from the requirement of a tolerance exist.

II. Public Record

    EPA invites interested persons to submit comments on this notice of 
filing. Comments must bear a notification indicating the docket control 
number [PF-698]. All written comments filed in response to this 
petition will be available, in the Public Response and Program 
Resources Branch, at the address given below from 8:30 a.m. to 4 p.m., 
Monday through Friday, except legal holidays. A record has been 
established for this notice under docket control number [PF-698] 
(including comments and data submitted electronically as described 
below). A public version of this record, including printed, paper 
versions of electronic comments, which does not include any information 
claimed as CBI, is available for inspection from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The public record is 
located in Room 1132 of the Public Response and Program Resources 
Branch, Field Operations Division (7506C), Office of Pesticide 
Programs, Environmental Protection Agency, Crystal Mall #2, 1921 
Jefferson Davis Highway, Arlington, VA.
    Electronic comments can be sent directly to EPA at:
    [email protected]


    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. The official 
record for this notice, as well as the public version, as described 
above will be kept in paper form. Accordingly, EPA will transfer all 
comments received electronically into printed, paper form as they are 
received and will place the paper copies in the official record which

[[Page 6526]]

will also include all comments submitted directly in writing.
    The official record is the paper record maintained at the address 
in ``ADDRESSES'' at the beginning of this notice.

List of Subjects

    Environmental protection, Agricultural commodities, Pesticides and 
pests, Reporting and recordkeeping requirements.

    Dated: January 30, 1997.

Janet L. Andersen,

Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.

[FR Doc. 97-3224 Filed 2-11-97; 8:45 am]
BILLING CODE 6560-50-F