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EPN Tolerance Revocation 5/93

EPN; Revocation of Tolerances 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Final rule.



SUMMARY: This document revokes the tolerances listed in 40 CFR 

180.119 for residues of the insecticide EPN (O-ethyl-O-p-nitrophenyl 

benzene thiophosphonate) in or on various raw agricultural commodities. 

EPA is initiating this action because all registered uses of 

EPN on food commodities have been canceled.

EFFECTIVE DATE: This regulation becomes effective June 9, 1993.

ADDRESSES: Written objections, identified by the document control 

number, [OPP-300250A], may be submitted to: Hearing Clerk (A-

110), Environmental Protection Agency, rm. 3708, 401 M St., 

SW., Washington, DC 20460. 

FOR FURTHER INFORMATION CONTACT: By mail: Jim Downing, Registration 

Division (H7505C), Environmental Protection Agency, 401 M St., 

SW., Washington, DC 20460. Office location and telephone number: 

Rm. 718H, CM .2, 1921 Jefferson Davis Hwy., Arlington, VA 22202, 


SUPPLEMENTARY INFORMATION: This document announces the revocation 

of all tolerances established under section 408 of the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, for residues 

of the insecticide EPN in or on various agricultural commodities. 

These tolerances are listed in 40 CFR 180.119. 

   EPA issued a proposed rule, published in the Federal Register 

of August 12, 1992 (57 FR 36043), which proposed the revocation 

of tolerances for residues of EPN in or on all the raw agricultural 

commodities listed in 40 CFR 180.119, as follows: Almonds, apples, 

apricots, beans, beets (with or without tops) or beet greens 

alone, blackberries, boysenberries, cherries, citrus fruits, 

corn, cottonseed, dewberries, grapes, lettuce, loganberries, 

nectarines, olives, peaches, pears, pecans, pineapples, plums 

(fresh prunes), quinces, raspberries, rutabagas (with or without 

tops) or rutabaga tops, soybeans, spinach, strawberries, sugar 

beets (but not sugar beet tops), tomatoes, turnips (with or 

without tops) or turnip greens, walnuts, and youngberries.

   The Agency's decision to revoke all EPN tolerances was based 

on the fact that all registrations under the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) of technical EPN and 

formulated products containing EPN had been canceled in mid-

1987 and all use of EPN was disallowed after August 31, 1988.

   Since all use of EPN was prohibited after August 31, 1988, 

EPA believes there has been adequate time for legally treated 

agricultural commodities to have gone through the channels of 

trade. EPN is not a persistent chemical; thus, there is no anticipation 

of a residue problem due to environmental contamination. Consequently, 

no action levels will be recommended to replace the tolerances 

upon their revocation.

   No public comments or requests for referral to an advisory 

committee were received in response to the notice of proposed 

rulemaking. Therefore, based on the information considered by 

the Agency and discussed in detail in the August 12, 1992 proposal 

and in this final rule, the Agency is hereby revoking all tolerances 

listed in 40 CFR 180.119 for residues of EPN.

   Any person adversely affected by this regulation revoking 

the tolerances 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). 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).

   This document has been reviewed by the Office of Management 

and Budget as required by section 3 of Executive Order 12291. 

Executive Order 12291

   As explained in the proposal published August 12, 1992, the 

Agency has determined, pursuant to the requirements of Executive 

Order 12291, that the removal of these tolerances will not cause 

adverse economic impact on significant portions of U.S. enterprises.

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 August 12, 1992 proposal.

List of Subjects in 40 CFR Part 180

   Administrative practice and procedure, Agricultural commodities, 

Pesticides and pests, Reporting and recordkeeping requirements.

   Dated: May 28, 1993.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and 

Toxic Substances.

   Therefore, 40 CFR part 180 is amended as follows: 


   1. The authority citation for part 180 continues to read 

as follows:

   Authority: 21 U.S.C. 346a and 371. 

. 180.119   [Removed]

   2. By removing . 180.119 EPN; tolerances for residues.

[FR Doc. 93-13576 Filed 6-8-93; 8:45 am]