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
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.
. 180.119 [Removed]
2. By removing . 180.119 EPN; tolerances for residues.
[FR Doc. 93-13576 Filed 6-8-93; 8:45 am]