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calcium hypochlorite Proposed Tolerance Exemption 7/94

40 CFR Part 180



[OPP-300353; FRL-4902-7]



RIN No. 2070-AC18



Calcium Hypochlorite; Exemption From Tolerance 



AGENCY: Environmental Protection Agency (EPA). 



ACTION: Proposed rule.

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SUMMARY: EPA proposes to establish an exemption from the requirement 

of a tolerance for residues of chlorine gas in or on grapes 

when applied as a fumigant postharvest by means of a chlorine 

generator pad in accordance with good agricultural practices. 

Chiquita Frupac requested this proposed expansion of the tolerance 

exemption.



DATES: Written comments, identified by the document control 

number, [OPP-300353], must be received on or before September 

2, 1994. 



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

of Information Section, Field Operations Division (7506C), Office 

of Pesticide Programs, Environmental Protection Agency, 401 

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

to: Rm. 1132, 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. 1132 

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: Ruth Douglas, Product 

Manager (PM) 32, Registration Division (7505C), Office of Pesticide 

Programs, Environmental Protection Agency, 401 M St., SW., Washington 

DC 20460. Office location and telephone number: Rm. 278, CM 

#2, Jefferson Davis Hwy., Arlington, VA 22202, (703) 305-7964. 



SUPPLEMENTARY INFORMATION: Under section 408(e) of the Federal 

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

to exempt from the requirement of a tolerance residues of chlorine 

gas in or on grapes when applied as a fumigant postharvest by 

means of a chlorine generator pad. The fumigation process uses 

polyethylene-lined paper pads containing calcium hypochlorite 

that are packed in grape containers during shipment. Under conditions 

of normal use, the pads are not in direct contact with the grapes. 

The moisture from inside the box and the carbon dioxide produced 

by the metabolic process of the fruit permeate the pad, activating 

the release of chlorine gas. The chlorine gas released in the 

pad diffuses through the paper and the polyethylene liner before 

depositing on the grapes. The exemption for chlorine generators 

would not apply to the use of chlorine gas during food processing 

or as a food-contact surface sanitizer since these uses are 

under the jurisdiction of the Food and Drug Administration.



   Several clearances already exist for the calcium salt of 

hypochlorite used as the precursor of the chlorine gas. Calcium 

hypochlorite is exempted from the requirement of a tolerance 

when used preharvest or postharvest in solution on all raw agricultural 

commodities (40 CFR 180.1054). Calcium hypochlorite is an approved 

inert ingredient in pesticide products when added to a formulation 

as a sanitizing and bleaching agent (40 CFR 180.1001). Calcium 

hypochlorite is cleared by the Food and Drug Administration 

when used as a rinse on food-contact surfaces (21 CFR 178.1010). 

Chlorine gas is exempted from the requirement of a tolerance 

when used preharvest or postharvest in solution on all raw agricultural 

commodities (40 CFR 180.1095).

   When added to water, chlorine gas reacts to form hypochlorous 

acid, a pesticidally active chemical which kills microorganisms 

on the surface of the commodity to which it is applied. Hypochlorous 

acid is consumed when it reacts with bacteria, fungi, and other 

organic matter. Because of the rapidity with which chlorine 

gas degrades, there is no reasonable expectation that residues 

of chlorine gas will remain in eggs, meat, milk, or poultry 

in accordance with 40 CFR 180.3. The residues that do remain 

are not of toxicological significance.

   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 necessary to protect the public health. Therefore, EPA proposes 

that the exemption from the requirement of a tolerance be established 

as set forth below.

   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-300353]. 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.

   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



   Environmental protection, Administrative practice and procedure, 

Agricultural commodities, Pesticides and pests.



Dated: July 15, 1994.





Lois Rossi,

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.



   2. Section 180.1054 is revised to read as follows: 



sec 180.1054   Calcium hypochlorite; exemptions from the requirement 

of a tolerance.



   (a) Calcium hypochlorite is exempted from the requirement 

of a tolerance when used preharvest or postharvest in solution 

on all raw agricultural commodities.

   (b) Calcium hypochlorite is exempted from the requirement 

of a tolerance in or on grapes when used as a fumigant postharvest 

by means of a chlorine generator pad.



[FR Doc. 94-18911 Filed 8-2-94; 8:45 am]