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borax Proposed Tolerance Exemption 6/93

Boric Acid and its Salts, Borax (Sodium Borate Decahydrate), 

Disodium Octaborate Tetrahydrate, Boric Oxide (Boric Anhydride), 

Sodium Borate and Sodium Metaborate; Tolerance Exemptions 



AGENCY: Environmental Protection Agency (EPA). 



ACTION: Proposed rule. 

.

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SUMMARY: This document proposes that an exemption from the requirement 

of a tolerance be established for residues of boric acid and 

its salts, borax (sodium borate decahydrate), disodium octaborate 

tetrahydrate, boric oxide (boric anhydride), sodium borate, 

and sodium metaborate, in or on raw agricultural commodities 

when used as an active ingredient in insecticides, herbicides, 

or fungicides preharvest or postharvest in accordance with good 

agricultural practices. This proposed regulation was requested 

by Bushwacker Associates, Galveston, TX. The proposed tolerance 

exemption would supersede the tolerances for boron established 

under 40 CFR 180.271; therefore, this document also proposes 

to remove . 180.271.



DATES: Written comments, identified by the document control 

number, [OPP-300287], must be received on or before July 30, 

1993. 



ADDRESSES: By mail, submit comments to: Public Docket and Freedom 

of Information Section, Field Operations Division (H7506C), 

Office of Pesticide Programs, Environmental Protection Agency, 

401 M St., SW., Washington, DC 20460. In person, bring comments 

to: Rm. 1128, 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 may be 

disclosed publicly by EPA without prior notice. All written 

comments will be available for public inspection in Rm. 1128 

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, Robert A. Forrest, 

Product Manager (PM 14), Registration Division (H7505C), Office 

of Pesticide Programs, Environmental Protection Agency, 401 

M St., SW., Washington, DC 20460. Office location and telephone 

number: Rm. 219, CM #2, 1921 Jefferson Davis Hwy., Arlington, 

VA, (703)-305-6600.



SUPPLEMENTARY INFORMATION: Bushwacker Associates, Inc., Division 

of Bethurum Research & Development, Inc., P.O. Box 3436, Galveston, 

TX 77552, submitted pesticide petition (PP) 2F4132 requesting 

that the Administrator, pursuant to section 408(e) of the Federal 

Food, Drug, and Cosmetic Act, 21 U.S.C. 346a(e), propose to 

amend 40 CFR part 180 by establishing an exemption from the 

requirement of a tolerance for residues of boric acid and its 

salts, borax (sodium borate decahydrate), disodium octaborate 

tetrahydrate, boric oxide (boric anhydride), sodium borate, 

and sodium metaborate in or on raw agricultural commodities 

when used as an active ingredient in insecticides, herbicides, 

or fungicides preharvest or postharvest in accordance with good 

agricultural practices.



   The data submitted in the petition and other relevant material 

have been evaluated. The pesticide is considered useful for 

the purpose for which the exemption is sought.

   The petition requested that an exemption from the requirement 

of a tolerance be established as a result of the use of boric 

acid as a fire ant control bait in agricultural areas. The product 

is to be applied as a broadcast via ground or air at a rate 

of 0.5 lb ai/acre. A second application may be made 5 days after 

initial treatment.

   Boron occurs naturally in water, fruits, vegetables, and 

forage crops, and is an essential nutrient for plants. In pears 

and strawberries the levels may reach 160 ppm, and in red cabbage 

occasionally as high as 200 to 300 ppm. The increment of added 

boron residues resulting from pesticide use of boric acid and 

the boron-containing salts is insignificant compared to levels 

of naturally occurring boron in citrus and cottonseeed. For 

example, lemons average 1 ppm incremental boron due to treatment, 

compared with 2.5 ppm boron which is endogenous. 

   Based on a review of the toxicology data it has been determined 

that even with an increase of exposure there would be no increase 

in hazard because boric acid and its salts are benign.

   Based upon the above information and review of its use, EPA 

has found that, when used in accordance with good agricultural 

practice, this active ingredient is useful and a tolerance is 

not necessry to protect the public health. Therefore, EPA proposes 

that the exemption from the requirement of a tolerance be established 

as set forth below, and as the tolerance exemption would supersede 

tolerances for boron established under 40 CFR 180.271, it is 

also proposed that . 180.271 be removed.

   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 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 Federal Food, Drug, 

and Cosmetic Act. 

   Interested persons are invited to submit written comments 

on the proposed regulations. Comments must bear a notation indicating 

the document control number, [OPP-300287]. All written comments 

filed in response to this petition will be available in the 

Public Information 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 3 of Executive Order 12291.

   Pursuant to the requirements 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 a significant 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 Subjects in 40 CFR Part 180



   Administrative practice and procedure, Agricultural commodities, 

Pesticides and pests.



   Dated: June 17, 1993.





Lawrence E. Culleen, 

Acting Director, Registration Division, Office of Pesticide 

Programs.

   Therefore, it is proposed that 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. 





. 180.271    [Removed]



   2. In subpart C, . 180.271 Boron; tolerances for residues 

is removed. 

   3. In subpart D, by adding new . 180.1121, to read as follows:



. 180.1121   Boric acid and its salts, borax (sodium borate 

decahydrate), disodium octaborate tetrahydrate, boric oxide 

(boric anhydride), sodium borate and sodium metaborate; exemption 

from the requirement of a tolerance. 



   An exemption from the requirement of a tolerance is established 

for residues of the pesticidal chemical boric acid and its salts, 

borax (sodium borate decahydrate), disodium octaborate tetrahydrate, 

boric oxide (boric anhydride), sodium borate and sodium metaborate, 

in or on raw agricultural commodities when used as an active 

ingredient in insecticides, herbicides, or fungicides preharvest 

or postharvest in accordance with good agricultural practices. 



[FR Doc. 93-15415 Filed 6-29-93; 8:45 am]