[Federal Register Volume 59, Number 17 (Wednesday, January 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1619]
[[Page Unknown]]
[Federal Register: January 26, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300293A; FRL-4740-7]
RIN 2070-AB78
Orthoarsenic Acid; Revocation of Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document revokes the tolerance in 40 CFR 180.180 for
residues of the pesticide orthoarsenic acid (commonly known as arsenic
acid) in or on the raw agricultural commodity cottonseed. EPA is
initiating this action because all registered uses of arsenic acid on
cotton have been canceled.
EFFECTIVE DATE: This regulation becomes effective January 26, 1994.
ADDRESSES: Written objections or hearing requests, identified by the
document control number, [OPP-300293A], may be submitted to: Hearing
Clerk (1900), Environmental Protection Agency, Rm. 3708, 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
requests 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: Ann Sibold, Special Review
and Reregistration Division (7508W), Environmental Protection Agency,
401 M St., SW., Washington, DC 20460. Office location and telephone
number: Special Review Branch, Crystal Station #1, 3rd Floor,
Arlington, VA 22202, Telephone: (703)-308-8033.
SUPPLEMENTARY INFORMATION: In the Federal Register of September 22,
1993 (58 FR 49267), EPA issued a proposal to revoke the tolerance for
arsenic acid on cottonseed because the use of arsenic acid on cotton
was voluntarily canceled. A previous notice in the Federal Register of
May 6, 1993 (58 FR 26975) had acknowledged that existing stocks of Elf
Atochem North America and Voluntary Purchasing Groups arsenic acid
products could be sold until October 31, 1993, and applied by end users
until December 31, 1993. Because use will continue through the end of
1993, all treated raw cottonseed may not clear processing mills and
feed markets until July 1, 1995. Therefore, to effect the revocation,
EPA proposed to establish an expiration date for the tolerance of July
1, 1995. EPA predicts there will be an insignificant or no economic
impact from revoking this tolerance because EPA is allowing ample time
for legally treated commodities, i.e., treated prior to December 31,
1993, to pass through the channels of trade.
EPA believes that arsenic acid is not used on cotton grown in other
countries and imported into the United States. Once the tolerance for
arsenic acid on cottonseed is revoked, it will be unlawful to import
into the United States any cottonseed treated with arsenic acid.
After legally treated cottonseed has cleared the market, residues
of arsenic acid resulting from pesticide application are not expected
to be detected. Therefore, action levels to cover residues of arsenic
acid from past uses of the pesticide will not be recommended.
No public comments or requests for referral to an advisory
committee were received in response to the proposed rule. Therefore,
based on the information considered by the Agency and discussed in
detail in the September 22, 1993 proposal and in this final rule, the
Agency is hereby revising 40 CFR 180.180 for residues of orthoarsenic
acid to stipulate that the 4-ppm tolerance for orthoarsenic acid in or
on cottonseed expires on July 1, 1995.
Any person adversely affected by this regulation revoking the
tolerance may, within 30 days after publication of this document in the
Federal Register, file written objections and/or a request for a
hearing with the Hearing Clerk, at the address given above (40 CFR
178.20). A copy of any objections and 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 each such issue, 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 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).
Executive Order 12866
Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency
must determine whether the regulatory action is ``significant'' and
therefore subject to all the requirements of the Executive Order (i.e.,
Regulatory Impact Analysis, review by the Office of Management and
Budget (OMB)). Under section 3(f), the order defines ``significant'' as
those actions likely to lead to 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 known 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 entitlements, 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.
The Agency believes that the domestic use of arsenic acid is
limited and will end this year with the voluntary cancellation and
termination of the provision for sale and use of existing stocks.
Further, its use, if any, on imported commodities is insignificant.
Since the tolerance is being revoked 18 months after the last legal
domestic use on cotton, impacts are expected to be minimal.
For those reasons, pursuant to the terms of this Executive Order,
EPA has determined that this rule is not ``significant'' and is
therefore not subject to OMB review.
Regulatory Flexibility Act
This rulemaking has been reviewed under the Regulatory Flexibility
Act of 1980 (Pub. L. 96-354, 94 Stat. 1164; 5 U.S.C. 601 et seq.), and
it has been determined that it will not have a significant economic
impact on a substantial number of small businesses, small governments,
or small organizations. The reasons for this conclusion are discussed
in the September 22, 1993 proposal.
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: January 11, 1994.
Victor J. Kimm,
Acting Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
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. By revising Sec. 180.180 to read as follows:
Sec. 180.180 Orthoarsenic acid.
A tolerance that expires on July 1, 1995, of 4 parts per million of
combined As2O3 is established for residues of the defoliant
orthoarsenic acid in or on the raw agricultural commodity cottonseed.
[FR Doc. 94-1619 Filed 1-25-94; 8:45 am]
BILLING CODE 6560-50-F
