PMEP Home Page --> Pesticide Active Ingredient Information --> Insecticides and Miticides --> Insecticides, A to B --> Boric Acid --> Boric Acid - Proposed Tolerance Exemption 6/93

Boric Acid - 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.
------------------------------------------------------------

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]