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diethylene glycol Proposed Tolerance Exemption 4/94

40 CFR PART 180



[OPP-300338; FRL-4777-5]



RIN No. 2070-AC18



Diethylene Glycol; Tolerance Exemption



AGENCY: Environmental Protection Agency (EPA). 



ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the current exemption 

from the requirement of a tolerance for residues of diethylene 

glycol by expanding its use as an inert ingredient, to read 

``deactivator, adjuvant for formulations used before crop emerges 

from the soil.'' Texaco Chemical Co. requested this regulation.



DATES: Comments, identified by the document control number [OPP-

300338], must be received on or before June 9, 1994. 



ADDRESSES: By mail, submit written comments to: Public Response 

and Program Resources Branch, Field Operations Division (7506C), 

Office of Pesticide Programs, Environmental Protection Agency, 

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

to: Rm. 1128, Crystal Mall, Bldg. #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 will 

be included in the public docket by the EPA without prior notice. 

The public docket is 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: Tina Levine, Registration 

Support Branch, Registration Division (7505W), Office of Pesticide 

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

DC 20460. Office location and telephone number: 2800 Crystal 

Drive, North Tower, Arlington, VA 22202, (703)-308-8393.



SUPPLEMENTARY INFORMATION: Texaco Chemical Co., P.O. Box 27707, 

Houston, TX 77227-7707, has submitted pesticide petition (PP) 

2E4191 to EPA requesting that the Administrator, pursuant to 

section 408(e) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 

21 U.S.C. 346a(e), propose to amend 40 CFR 180.1001(d) by amending 

the current exemption from the requirement of a tolerance for 

residues of diethylene glycol by expanding its use as an inert 

ingredient, to read ``deactivator, adjuvant for formulations 

used before crop emerges from the soil.''



   Inert ingredients are all ingredients that are not active 

ingredients as defined in 40 CFR 153.125, and include, but are 

not limited to, the following types of ingredients (except when 

they have a pesticidal efficacy of their own): solvents such 

as alcohols and hydrocarbons; surfactants such as polyoxyethylene 

polymers and fatty acids; carriers such as clay and diatomaceous 

earth; thickeners such as carrageenan and modified cellulose; 

wetting, spreading, and dispersing agents; propellants in aerosol 

dispensers; microencapsulating agents; and emulsifiers. The 

term ``inert'' is not intended to imply nontoxicity; the ingredient 

may or may not be chemically active.

   The data submitted in the petition and other relevant material 

have been evaluated. As part of the EPA policy statement on 

inert ingredients published in the Federal Register of April 

22, 1987 (52 FR 13305), the Agency established data requirements 

which will be used to evaluate the risks posed by the presence 

of an inert ingredient in a pesticide formulation. Exemptions 

from some or all of the requirements may be granted if it can 

be determined that the inert ingredient will present minimal 

or no risk. 

   The Agency has decided that the data normally required to 

support a proposed tolerance exemption for diethylene glycol 

will not need to be submitted because the addition of the adjuvant 

use in pesticide formulations applied to preemergent crops only 

will not significantly increase exposure to this inert ingredient. 

EPA has found that, when used in accordance with good agricultural 

practice, this ingredient does not pose a risk to human health 

or the environment. 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, which 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 FFDCA.

   Interested persons are invited to submit written comments 

on the proposed regulation. Comments must bear a notation indicating 

the document control number, [OPP-300338]. All written comments 

filed in response to this petition will be available in the 

Public Response and Program Resources 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 12866.

   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, Recording and 

recordkeeping requirements.



Dated: April 27, 1994.





Stephanie R. Irene, 

Acting Director, Registration Division, Office of Pesticide 

Programs.

   Therefore, it is proposed that 40 CFR 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 180.1001(d) is amended by adding and alphabetically 

inserting the inert ingredient, to read as follows: 



sec 180.1001   Exemptions from the requirement of a tolerance.

*     *     *     *     *     

   (d) * * *





                                                                                                            

                                                                                                            

---------------------------------------+-------------------------+------------------------------------------

           Inert ingredients           |          Limits         |                  Uses                    

---------------------------------------+-------------------------+------------------------------------------

                                       |                         |                                          

                                       |                         |                                          

               *              *              *              *              *              *              *  

Diethylene glycol.....................   .......................   Deactivator, adjuvant for formulations   

                                       |                         |  used before crop emerges from soil.     

                                                                                                            

               *              *              *              *              *              *              *  

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[FR Doc. 94-11195 Filed 5-9-94; 8:45 am]