arsenic acid Revocation of Tolerance 1/94
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
Orthoarsenic Acid; Revocation of Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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,
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,
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
Dated: January 11, 1994.
Victor J. Kimm,
Acting Assistant Administrator for Prevention, Pesticides and
Therefore, 40 CFR part 180 is amended as follows:
1. The authority citation for part 180 continues to read
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
[FR Doc. 94-1619 Filed 1-25-94; 8:45 am]