95-1853. Urea-Formaldehyde Copolymer; Tolerance Exemption  

  • [Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
    [Proposed Rules]
    [Pages 5155-5157]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-1853]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 180
    
    [OPP-300377; FRL-4928-5]
    RIN 2070-AB78
    
    
    Urea-Formaldehyde Copolymer; Tolerance Exemption
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Proposed rule.
    
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    SUMMARY: This document proposes to expand the current exemption from 
    the requirement of a tolerance for residues of urea-formaldehyde 
    copolymer (CAS Reg. No. 9011-05-6), when used as an inert ingredient in 
    pesticide formulations applied to growing crops only under 40 CFR 
    180.1001(d) to include uses as a solid diluent, filler and/or carrier 
    and to modify the minimum molecular weight from 30,000 to 20,000. Ciba-
    Geigy Corp. requested this proposed regulation.
    
    DATES: Written comments, identified by the document control number 
    [OPP-300377], must be received on or before February 27, 1995.
    
    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, deliver comments to: Rm. 1132, CM #2, 
    1921 Jefferson Davis Hwy., Arlington, VA 22202.
        Information submitted as a comment concerning this document may be 
    claimed confidential by marking any part or all of that information as 
    ``Confidential Business Information'' (CBI). Information so marked will 
    not be disclosed except in accordance with procedures set forth in 40 
    CFR part 2. A copy of the comment that does not [[Page 5156]] contain 
    CBI must be submitted for inclusion in the public record. Information 
    not marked confidential will be included in the public docket by EPA 
    without prior notice. All written comments will be available for public 
    inspection in Rm. 1132 at the address given above, from 8 a.m. to 4 
    p.m., Monday through Friday, excluding legal holidays.
    
    FOR FURTHER INFORMATION CONTACT: By mail: Connie Welch, Registration 
    Support Branch, Registration Division (7505W), Environmental Protection 
    Agency, 401 M St., SW., Washington, DC 20460. Office location and 
    telephone number: 2800 Crystal Drive, North Tower, 6th Floor, 
    Arlington, VA 22202, (703)-308-8470.
    
    SUPPLEMENTARY INFORMATION: Ciba Geigy Corp., P.O. Box 18300, 
    Greensboro, NC 27419-8300, submitted pesticide petition (PP) 4E04423 to 
    EPA requesting that the Administrator, pursuant to section 408(e) of 
    the Federal Food Drug, and Cosmetic Act (FFDCA) (21 U.S.C. 346 a(e)), 
    propose to amend 40 CFR 180.1001(d) by revising the existing exemption 
    from the requirement of a tolerance for residues of urea-formaldehyde 
    copolymer (CAS Reg. No. 9011-056), when used as an inert ingredient 
    (encapsulating agent) in pesticide formulations applied to growing 
    crops only. The petitioner seeks to expand the use of urea-formaldehyde 
    copolymer to include solid diluent, filler, and carrier and to revise 
    the minimum number-average molecular weight from 30,000 to 20,000.
        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 to imply nontoxicity; the 
    ingredient may or may not be chemically active.
        The data submitted in the petition and other relevant material have 
    been evaluated. As part of the EPA policy statement on inert 
    ingredients published in the Federal Register of April 22, 1987 (52 FR 
    13305), the Agency set forth a list of studies which would generally be 
    used to evaluate the risks posed by the presence of an inert ingredient 
    in a pesticide formulation. However, where it can be determined without 
    that data that the inert ingredient will present minimal or no risk, 
    the Agency generally does not require some or all of the listed studies 
    to rule on the proposed tolerance or exemption from the requirement of 
    a tolerance for an inert ingredient. The Agency has decided that no 
    data, in addition to that described below, for urea-formaldehyde 
    copolymer will need to be submitted. The rationale for this decision is 
    described below.
        In the case of certain chemical substances that are defined as 
    ``polymers,'' the Agency has established a set of criteria which 
    identify categories of polymers that present low risk. These criteria 
    (described in 40 CFR 723.250) identify polymers that are relatively 
    unreactive and stable compared to other chemical substances as well as 
    polymers that typically are not readily absorbed. These properties 
    generally limit a polymer's ability to cause adverse effects. In 
    addition, these criteria exclude polymers about which little is known. 
    The Agency believes that polymers meeting the criteria noted above will 
    present minimal or no risk. Urea-formaldehyde copolymer conforms to the 
    definition of a polymer given in 40 CFR 723.250(b)(11) and meets the 
    following criteria that are used to identify low-risk polymers.
        1. The minimum number-average molecular weight of urea-formaldehyde 
    copolymer is 20,000. Substances with molecular weights greater than 400 
    generally are not absorbed through the intact skin, and substances with 
    molecular weights greater than 1,000 generally are not absorbed through 
    the intact gastrointestinal tract. Chemicals not absorbed through skin 
    or GI tract generally are incapable of eliciting a toxic response.
        2. Urea-formaldehyde copolymer is not a cationic polymer, nor is it 
    reasonably expected to become a cationic polymer in a natural aquatic 
    environment.
        3. Urea-formaldehyde copolymer does not contain less than 32.0 
    percent by weight of the atomic element carbon.
        4. Urea-formaldehyde copolymer contains as an integral part of its 
    coposition the atomic elements carbon, hydrogen, nitrogen, and oxygen.
        5. Urea-formaldehyde copolymer does not contain as an integral part 
    of its composition, except as impurities, any elements other than those 
    listed in 40 CFR 723.250(d)(3)(ii).
        6. Urea-formaldehyde copolymer is not a biopolymer, a synthetic 
    equivalent of a biopolymer, or a dervative or modification of a 
    biopolymer that is substantially intact.
        7. Urea-formaldehyde copolymer is not manufactured from reactants 
    containing, other than impurities, halogen atoms or cyano groups.
        8. Urea-formaldehyde copolymer does not contain a reactive 
    functional group that is intended or reasonably expected to undergo 
    further reaction.
        9. Urea-formaldehyde copolymer is neither designed nor reasonably 
    expected to substantially degrade, decompose, or depolymerize.
        Based on the information above and review of its use, EPA has found 
    that, when used in accordance with good agricultural practice, this 
    ingredient is useful and a tolerance is not necessary to protect the 
    public health. Therefore, EPA proposes that the exemption from the 
    requirement of a tolerance be established as set forth below.
        Any person who has registered or submitted an application for 
    registration of a pesticide, under the Federal Insecticide, Fungicide, 
    and Rodenticide Act (FIFRA) as amended, that contains any of the 
    ingredients listed herein, may request within 30 days after the 
    publication of this document in the Federal Register that this 
    rulemaking proposal be referred to an Advisory Committee in accordance 
    with section 408(e) of the FFDCA.
        Interested persons are invited to submit written comments on the 
    proposed regulation. Comments must bear a notation indicating the 
    document control number, [OPP-300377]. All written comments filed in 
    response to this petition will be available in the Public Response and 
    Program Resources Branch, at the address given above, from 8 a.m. to 4 
    p.m., Monday through Friday, except legal holidays.
        The Office of Management and Budget has exempted this rule from the 
    requirements of section 2 of Executive Order 12866.
        Pursuant to the requirement 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 an 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 Subject in 40 CFR Part 180
    
        Environmental protection, Administrative practice and procedure, 
    Agricultural commodities, Pesticides and pests, Reporting and 
    recordkeeping requirements.
    
    [[Page 5157]] Dated: January 13, 1995.
    
    Stephen L. Johnson
    Director, Registration Division, Office of Pesticide Programs.
    
        Therefore, it is proposed that 40 CFR part 180 be 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(d) is amended in the table therein by revising 
    the inert ingredient ``Urea-formaldehyde copolymer'', to read as 
    follows:
    
    
    Sec. 180.1001   Exemptions from the requirement of a tolerance.
    
    * * * * *
        (d) *  *  *
    
    ------------------------------------------------------------------------
         Inert ingredient            Limits                   Uses          
    ------------------------------------------------------------------------
                                                                            
             *                 *                 *                 *        
              *                 *                 *                         
    Urea-formaldehyde            ................  Encapsulating agent,     
     copolymer (CAS Reg. No.                        solid diluent, filler,  
     9011-05-6); minimum                            carrier.                
     number average molecular                                               
     weight 20,000.                                                         
                                                                            
             *                 *                 *                 *        
              *                 *                 *                         
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    * * * * *
    
    [FR Doc. 95-1853 Filed 1-25-95; 8:45 am]
    BILLING CODE 6560-50-F
    
    

Document Information

Published:
01/26/1995
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
95-1853
Dates:
Written comments, identified by the document control number [OPP-300377], must be received on or before February 27, 1995.
Pages:
5155-5157 (3 pages)
Docket Numbers:
OPP-300377, FRL-4928-5
RINs:
2070-AB78
PDF File:
95-1853.pdf
CFR: (1)
40 CFR 180.1001