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arsenic acid Revocation of Tolerance 1/94

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 . 180.180 to read as follows:

 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]