[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Proposed Rules]
[Pages 30202-30204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15197]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300426; FRL-5374-4]
RIN 2070-AC18
Vinyl Pyrrolidone-Acrylic Acid Copolymer; Tolerance Exemption.
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This document proposes to establish an exemption from the
requirement of a tolerance for residues of vinyl pyrrolidone-acrylic
acid copolymer when used as an inert ingredient (adhesive, dispersion
stabilizer and coating for sustained release granules) in pesticide
formulations applied to growing crops, raw agricultural commodities
after harvest, and applied to animals. This proposed regulation was
requested by International Specialty Products.
DATES: Written comments, identified by the docket number [OPP-300426],
must be received on or before July 15, 1996.
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 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 4:30 p.m., Monday through Friday, excluding
legal holidays.
Comments and data may also be submitted electronically by sending
electronic mail (e-mail) to: opp-docket@epamail.epa.gov. 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 5.1 file format or ASCII file format.
All comments and data in electronic form must be identified by the
docket number [OPP-300426]. No Confidential Business Information (CBI)
should be submitted through e-mail. Electronic comments on this
proposed rule may be filed online at many Federal Depository Libraries.
Additional information on electronic submissions can be found below in
this document.
FOR FURTHER INFORMATION CONTACT: By mail: Bipin Gandhi, 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)-308-8380, e-mail:
gandhi.bipin@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: International Specialty Products, 1361 Alps
Road, Wayne, NJ 07470, submitted pesticide petition (PP) 6E04659 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 part 180.1001(c) and (e) by establishing an
exemption from the requirement of tolerance for residues of vinyl
pyrrolidone-acrylic acid copolymer (CAS Reg. No. 28062-44-4), when used
as an inert ingredient (adhesive, dispersion stabilizer and coating for
sustained release granules) in pesticide formulations applied to
growing crops or to raw agricultural commodities after harvest, under
40 CFR 180.1001(c) and applied to animals under 40 CFR 180.1001(e).
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
[[Page 30203]]
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
vinyl pyrrolidone-acrylic acid 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. Vinyl pyrrolidone-acrylic acid copolymer
conforms to the definition of polymer given in 40 CFR 723.250(b) and
meets the following criteria that are used to identify low risk
polymers:
1. Vinyl pyrrolidone-acrylic acid copolymer is not a cationic
polymer, nor is it reasonably anticipated to become a cationic polymer
in a natural aquatic environment.
2. Vinyl pyrrolidone-acrylic acid copolymer contains as an integral
part of its composition the atomic elements carbon, hydrogen, oxygen
and nitrogen.
3. Vinyl pyrrolidone-acrylic acid 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)(2)(ii).
4. Vinyl pyrrolidone-acrylic acid copolymer is not designed, nor it
is reasonably anticipated to substantially degrade, decompose or
depolymerize.
5. Vinyl pyrrolidone-acrylic acid copolymer is not manufactured or
imported from monomers and /or other reactants that are not already
included on the TSCA Chemical Substance Inventory or manufactured under
an applicable TSCA section 5 exemption.
6. Vinyl pyrrolidone-acrylic acid copolymer contains only
carboxylic acid groups as reactive functional groups.
7. The minimum number-average molecular weight of vinyl
pyrrolidone-acrylic acid copolymer is listed as 6,900 daltons.
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 (GI) tract. Chemicals not absorbed through the skin or
GI tract generally are incapable of eliciting a toxic response.
8. Vinyl pyrrolidone-acrylic acid copolymer has a number average
molecular weight of 6,900 and contains less than 10 percent oligomeric
material below molecular weight 500 and less than 25 percent oligomeric
material below 1,000 molecular weight. Based upon the above information
and review of its use, EPA has found that, when used in accordance with
good agricultural practice, this ingredient is useful and tolerance is
not necessary to protect the public health. Therefore, EPA proposes
that the exemptions from the requirement of a tolerance be established
for this polymer 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
docket number, [OPP-300426].
A record has been established for this rulemaking under docket
number [OPP-300426] (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 a.m. to 4:30 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:
opp-Docket@epamail.epa.gov
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 rulemaking, 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 rulemaking record which also will include all comments
submitted directly in writing. The official rulemaking record is the
paper record maintained at the address in the ``ADDRESSES'' at the
beginning of this document.
The Office of Management and Budget has exempted this rule from the
requirements of section 2 of Executive Order 12866.
This action does not impose any enforceable duty, or contain any
``unfunded mandates'' as described in Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation as
specified by Executive Order 12875 (58 FR 58093, October 28, 1993),
entitled Enhancing the Intergovernmental Partnership, or special
consideration as required by Executive Order 12898 (59 FR 7629,
February 16, 1994).
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, Food additives, Pesticides and pests,
Processed foods, Reporting and recordkeeping requirements.
Dated: May 31, 1996.
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. In Sec. 180.1001, paragraphs (c) and (e), the table in each
paragraph is amended by adding alphabetically the inert ingredient
``Vinyl pyrrolidone-acrylic acid copolymer,'' to read as follows:
[[Page 30204]]
Sec. 180.1001 Exemptions from the requirement of a tolerance.
* * * * *
(c) * * *
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Inert Ingredient Limits Uses
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* * * * * * *
Vinyl pyrrolidone-acrylic acid copolymer (CAS Adhesive, dispersion stabilizer
Reg. No. 28062-44-4), minimum number average and coating for sustained
molecular weight (in amu) 6,000. release granules.
* * * * * * *
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* * * * *
(e) * * *
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Inert Ingredient Limits Uses
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* * * * * * *
Vinyl pyrrolidone-acrylic acid copolymer (CAS Adhesive, dispersion stabilizer
Reg. No. 28062-44-4), minimum number average and coating for sustained
molecular weight (in amu) 6,000. release granules.
* * * * * * *
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[FR Doc. 96-15197 Filed 6-13-96; 8:45 am]
BILLING CODE 6560-50-F
