Vinyl Acetate-Ethylene Copolymer; Tolerance Exemption

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300312A; FRL-4747-7]

RIN 2070-AB78

Vinyl Acetate-Ethylene Copolymer; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes an exemption from the requirement of

a tolerance for residues of vinyl acetate-ethylene copolymer (CAS Reg.

No. 24937-78-8) when used as an inert ingredient (component of water-

soluble film) in pesticide formulations applied to growing crops only.

This regulation was requested by Air Products and Chemicals, Inc.

EFFECTIVE DATE: This regulation becomes effective January 26, 1994.

ADDRESSES: Written objections, identified by the document control

number, [OPP-300312A], may be submitted to: Hearing Clerk (A-110),

Environmental Protection Agency, Rm. M3708, 401 M St., SW., Washington,

DC 20460. A copy of any objections and hearing requests filed with the

Hearing Clerk should be identified by the document control number and

submitted 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, bring copy of objections and hearing requests to: Rm. 1132,

CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202. Fees

accompanying objections shall be labeled ``Tolerance Petition Fees''

and forwarded to: EPA Headquarters Accounting Operations Branch, OPP

(Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251.

FOR FURTHER INFORMATION CONTACT: By mail: Connie Welch, Registration

Support Branch, Registration Division (7508W), Office of Pesticide

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

DC 20460. Office location and telephone number: Westfield Building

North, 6th Fl., 2800 Crystal Drive, Arlington, VA 22202, (703)-308-

8320.

SUPPLEMENTARY INFORMATION: In the Federal Register of November 24, 1993

(58 FR 62072), EPA issued a proposed rule giving notice that Air

Products and Chemicals, Inc., 7201 Hamilton, Blvd., Allentown, PA

18195-1501, had submitted pesticide petition (PP) 3E4275 to EPA

proposing to amend 40 CFR 180.1001(d) to establish an exemption from

the requirement of a tolerance for residues of vinyl acetate-ethylene

copolymer (CAS Reg. No. 24937-78-8) when used as an inert ingredient

(component of water-soluble film) in pesticide formulations applied to

growing crops only.

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.

There were no comments or requests for referral to an advisory

committee received in response to the proposed rule.

The data submitted with the proposal and other relevant material

have been evaluated and discussed in the proposed rule. Based on the

data and information considered, the Agency concludes that the

tolerance exemption will protect the public health. Therefore, the

tolerance exemption is established as set forth below.

Any person adversely affected by this regulation may, within 30

days after publication of this document in the Federal Register, file

written objections and/or request a hearing with the Hearing Clerk, at

the address given above (40 CFR 178.20). A copy of the objections and/

or hearing requests filed with the Hearing Clerk should be submitted to

the OPP docket for this rulemaking. 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 such issues, 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 of such 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).

Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency

must determine whether the regulatory action is ``significant'' and

therefore subject to review by the Office of Management and Budget

(OMB) and the requirements of the Executive Order. Under section 3(f),

the order defines a ``significant regulatory action'' as an action that

is likely to result in a rule (1) having an annual effect on the

economy of $100 million or more, or adversely and materially affecting

a sector of the economy, productivity, competition, jobs, the

environment, public health or safety, or State, local, or tribal

governments or communities (also referred to as ``economically

significant''); (2) creating serious inconsistency or otherwise

interfering with an action taken or planned by another agency; (3)

materially altering the budgetary impacts of entitlement, grants, user

fees, or loan programs or the rights and obligations or recipients

thereof; or (4) raising novel legal or policy issues arising out of

legal mandates, the President's priorities, or the principles set forth

in this Executive Order.

Pursuant to the terms of the Executive Order, EPA has determined

that this rule is not ``significant'' and is therefore not subject to

OMB review.

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, Reporting and

recordkeeping requirements.

Dated: January 11, 1994.

Douglas D. Campt,

Director, Office of Pesticide Programs.

Therefore, 40 CFR part 180 is 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.

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(d) * * *

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Inert ingredients Limits Uses

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Vinyl acetate-ethylene .................. Component of water-

copolymer (CAS Reg. No. soluble film.

24937-78-8); minimum

number average molecular

weight 69,000.

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[FR Doc. 94-1620 Filed 1-25-94; 8:45 am]

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