Tetrachlorvinphos, Terbutryn, and Etridiazole; Removals

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-3000346; FRL-4868-7]

RIN 2070-AC18

Tetrachlorvinphos, Terbutryn, and Etridiazole; Removals

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes to remove tolerances for residues of

tetrachlorvinphos (2-chloro-1-(2,4,5-trichlorophenyl) vinyl dimethyl

phosphate), terbutryn (2-tert-butylamino-4-ethylamino-6-methylthio-s-

triazine), and etridiazole (5-ethoxy-3-(trichloromethyl)-1,2,4-

thiadiazole) in or on certain raw agricultural commodities (RAC's). EPA

is initiating this action because there are no current registrations

associated with these food uses. The applicable registrations for these

pesticide uses have been cancelled for nonpayment of maintenance fees

and/or by company request.

DATES: Written comments, identified by the document control number

[OPP-300346], must be received on or before September 19, 1994.

ADDRESSES: By mail, submit comments to: Public Response 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. 1128, 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. 1128 at

the Virginia adddress given above, from 8 a.m. to 4 p.m., Monday

through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Sherada D. Hobgood,

Registration Division (7505W), Environmental Protection Agency, 401 M

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

6th Floor, 2800 Crystal Drive, Arlington, VA 22202, (703)-308-8352.

SUPPLEMENTARY INFORMATION: This document proposes the revocation of

certain tolerances established under section 408 of the Federal, Food,

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

insecticide tetrachlorvinphos, the herbicide terbutryn, and the

fungicide etridiazole in or on certain RAC's. Since a tolerance is

generally not necessary for a pesticide chemical which is not

registered for a particular food use, EPA is initiating this action

because all registered food uses associated with these tolerances have

been cancelled.

I. Discussion of Chemicals

A. Tetrachlorvinphos

EPA proposes to revoke the tolerances established for residues of

the insecticide 2-chloro-1-(2,4,5-trichlorophenyl) vinyl dimethyl

phosphate (tetrachlorvinphos) as listed in 40 CFR 180.252 in or on th

following RAC's: (1) 110 parts per million in or on and corn fodder and

forage (including field corn, sweet corn, and popcorn); (2) 10 parts

per million in or on apples, cherries, corn grain, fresh corn including

sweet corn (kernels plus cob with husk removed), cranberries, and

pears; (3) 5 parts per million in or on tomatoes; (4) 0.1 part per

million in or on peaches.

Registered uses of the parent compound on these commodities were

cancelled August 20, 1987.

Action levels to replace revoked tolerances are not necessary based

on: (1) the small number of detectable residues that were found during

a period of time the tetrachlorvinphos was registered for use; (2) the

low levels in the samples that were indicated in the findings; (3) the

long period of time that had elapsed since tetrachlorvinphos was last

registered for use in the U.S. (over 6 years); and (4) the fact that

FDA did not detect any tetrachlorvinphos residues in its monitoring

programs in recent years.

B. Terbutryn

EPA proposes to revoke the tolerances established for negligible

residues (N) of the herbicide terbutryn (2-tert-butylamino-4-

ethylamino-6-methylthio-s-triazine) as listed in 40 CFR 180.265 in or

on the following RAC's:

------------------------------------------------------------------------

Parts per

Commodity million

------------------------------------------------------------------------

Barley, fodder............................................. 0.1 (N)

Barley, grain.............................................. 0.1 (N)

Barley, green.............................................. 0.1 (N)

Barley, straw.............................................. 0.1 (N)

Sorghum, grain............................................. 0.1 (N)

Wheat, fodder.............................................. 0.1 (N)

Wheat, grain............................................... 0.1 (N)

Wheat, green............................................... 0.1 (N)

Wheat, straw............................................... 0.1 (N)

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Action levels to replace revoked tolerances are not required

because: (1) Uses of terbutryn on these crops were all cancelled on or

prior to October 10, 1989; (2) the tolerances for terbutryn on these

commodities all reflect non-detectable residues in or on the treated

commodities indicating that residues are minuscule even in the treated

crop; and (3) FDA did not detect any terbutryn residues in its

monitoring programs in recent years. Therefore, detectable residues are

not likely to be found in subsequent crops as a result of past uses of

terbutryn.

C. Etridiazole

EPA proposes to amend 40 CFR 180.370 to revoke the tolerance

established for residues of the fungicide 5-ethoxy-3-(trichloromethyl)-

1,2,4-thiadiazole (etridiazole) and its monoacid metabolite 3-carboxy-

5-ethoxy-1,2,4-thiadiazole as listed in 40 CFR 180.370 in or on the

following RAC:

------------------------------------------------------------------------

Parts per

Commodity million

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Tomatoes................................................... 0.15

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An action level to replace the revoked tolerance is not required

because: (1) Use of etridiazole on the crop was cancelled in the mid-

1980's; (2) the tolerance for etridiazole on the commodity reflects

very low residues in or on the treated commodity, indicating that

residues are low even in the treated crop; and (3) residues have

degraded and dissipated from prior use. Therefore, detectable residues

are not likely to be found in subsequent crops as a result of past uses

of etridiazole.

II. Solicitation of Comments

Any person who has registered or submitted an application for

registration of a pesticide chemical under the Federal Insecticide,

Fungicide, and Rodenticide Act, as amended, that contains

tetrachlorvinphos, terbutryn, and etridiazole may request, within 60

days after the publication of the 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. Further, EPA is soliciting comments from anyone

adversely affected by revocation of these tolerances. EPA requests that

anyone adversely affected by these revocations submit information

pertaining to why and provide specific information: (1) Are there any

existing stocks of the chemicals?; (2) What amount of existing stocks

remains?; (3) When will the stocks be depleted?; (4) How long would the

commodities treated with these chemicals be in the channels of trade?;

(5) Are any of these three pesticide chemicals used in foreign

countries?; (6) Would residues of any of these three pesticide

chemicals be present in or on commodities grown in foreign countries

and imported into the United States?

Comments must bear a notation indicating the document control

number [OPP-300346]. All written comments filed in the Public Response

to this document will be available for public inspection in the Public

Response Section, at the Virginia address given above, from 8 a.m. to 4

p.m., Monday through Friday, except legal holidays.

The Agency has conducted an anaylsis in order to satisfy

requirements as specified by Executive Order 12866 and the Regulatory

Flexibility Act. This analysis is available for public inspection in

Rm. 1128 at the Virginia address given above.

III. Other Regulatory Requirements

A. Executive Order 12866

Executive Order 12866 requires the Agency initially to determine

whether a proposed regulatory action being proposed or issued is a

``significant'' rule and therefore subject to the requirements of the

Executive Order (i.e., Regulatory Impact Analysis, review by the Office

of Management and Budget [OMB]). Under section 3(f), the order defines

``significant'' as those actions likely to lead to 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 known 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 (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 this Executive Order, EPA has determined

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

OMB review.

B. Regulatory Flexibility Act

This proposed rule 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 an economic

impact on small businesses, small organizations, or small governmental

jurisdictions.

This regulatory action is intended to prevent the sale of food

commodities containing pesticide residues where the subject pesticide

has been used in an unregistered or illegal manner.

Since all domestic registrations associated with these food uses of

tetrachlorvinphos, terbutryn, and etridiazole have been cancelled, it

is expected that no economic impact would occur at any level of

business enterprise if these tolerances were revoked.

Accordingly, I certify that this action does not require a separate

regulatory flexibility analysis under the Regulatory Flexibility Act.

List of Subjects in 40 CFR Part 180

Environmental protection, Administrative practice and procedure,

Agricultural commodities, Pesticides and Pests, Reporting and

recordkeeping requirements.

Dated: July 5, 1994

Daniel M. Barolo,

Director, 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 180.252 is revised to read as follows:

Sec. 180.252 2-Chloro-1-(2,4,5-trichlorphenyl)vinyl dimethyl

phosphate; tolerances for residues.

Tolerances are established for residues of the insecticide 2-

chloro-1-(2,4,5-trichlorophenyl)vinyl dimethyl phosphate in or on raw

agricultural commodities as follows:

------------------------------------------------------------------------

Parts per

Commodity million

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Cattle, fat................................................ 1.5

Eggs....................................................... 0.1

Goats, fat................................................. 0.5

Hogs, fat.................................................. 1.5

Horses, fat................................................ 0.5

Milk, fat (reflecting negligible residues in whole milk)... 0.5

Poultry, fat............................................... 0.75

Sheep, fat................................................. 0.5

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Sec. 180.265 [Removed]

2. By removing Sec. 180.265 Terbutryn; tolerances for residues.

Sec. 180.370 [Amended]

3. In Sec. 180.370 5-Ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole;

tolerances for residues by amending the table therein by removing the

entry for tomatoes.

[FR Doc. 94-17561 Filed 7-19-94; 8:45 am]

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