Worker Protection Standard; Reduced Restricted Entry Intervals for Certain Pesticides

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 156

[OPP-00399A; FRL-4950-8]

Worker Protection Standard; Reduced Restricted Entry Intervals

for Certain Pesticides

AGENCY: Environmental Protection Agency (EPA).

ACTION: Policy Statement.

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SUMMARY: EPA is issuing a final policy statement on ``Reduced

Restricted Entry Intervals for Certain Pesticides.'' EPA will allow

registrants to reduce the interim Worker Protection Standard (WPS)

restricted entry intervals (REIs) from 12 to 4 hours for certain low

risk pesticides. EPA developed a two Tiered screening process to

determine the eligibility of all Toxicity Category III and IV

pesticides. The first Tier screened all Toxicity III and IV active

ingredients against the low toxicity criteria. This policy statement

contains a candidate list of those active ingredients that meet the low

toxicity criteria, and may be eligible for reduced REIs. End use

products containing active ingredients that appear on the list are to

be evaluated by the criteria set in the second Tier of the screening

process, described in this policy, to determine if the current REI may

be reduced to 4 hours.

EFFECTIVE DATE: This policy will become effective May 3, 1995.

FOR FURTHER INFORMATION CONTACT: Judy Smith or Ameesha Mehta, Office of

Pesticide Programs (7506C), Environmental Protection Agency, 401 M St.,

SW., Washington, DC 20460. Office location, telephone number, and e-

mail address: 1921 Jefferson Davis Highway, Crystal Mall #2, Rm. 1121,

Arlington, VA, (703) 305-7371, [email protected] or

[email protected].

olicy will become effective May 3, 1995.

FOR FURTHER INFORMATION CONTACT: Judy Smith or Ameesha Mehta, Office of

Pesticide Programs (7506C), Environmental Protection Agency, 401 M St.,

SW., Washington, DC 20460. Office location, telephone number, and e-

mail address: 1921 Jefferson Davis Highway, Crystal Mall #2, Rm. 1121,

Arlington, VA, (703) 305-7371, [email protected] or

[email protected].

SUPPLEMENTARY INFORMATION: The Agency is issuing a final policy

statement that allows registrants to reduce the current interim Worker

Protection Standard (WPS) restricted entry intervals (REIs) from 12 to

4 hours for certain low risk pesticides. This policy is one of a series

of Agency actions since the publication of the final WPS in August

1992. In addition, EPA is also publishing final actions regarding: (1)

Worker training requirements; (2) allowing early entry for irrigation

activities; (3) allowing provisions for limited contact activities;

and, (4) reduced requirements for crop advisors. Final determinations

on the other four actions mentioned above are being published elsewhere

in this issue of the Federal Register.

I. Summary of the Policy

EPA will permit registrants to reduce the current interim WPS REIs

from 12 to 4 hours for pesticides which contain specific active

ingredients and which meet certain additional criteria. Using the

criteria described in Unit III of this policy statement, the Agency

screened a total of 495 active ingredients and determined that over 100

active ingredients met the low toxicity criteria. As a result, end use

products containing these active ingredients may be eligible for a

reduced REI. Unit IV of this policy statement lists the candidate

active ingredients that the Agency has determined meet the low toxicity

criteria

of this policy statement, the Agency

screened a total of 495 active ingredients and determined that over 100

active ingredients met the low toxicity criteria. As a result, end use

products containing these active ingredients may be eligible for a

reduced REI. Unit IV of this policy statement lists the candidate

active ingredients that the Agency has determined meet the low toxicity

criteria.

Registrants of end use products which are subject to WPS, and which

contain only these active ingredients may apply the criteria in Unit VI

of this policy statement to determine whether their end use product

qualifies for the reduced REI. To revise labeling to reflect the

reduced REI, the Agency will allow registrants to use a streamlined

notification process process which is described in this policy

statement until December 31, 1995. After that date, registrants must

use the existing registration label amendment process to submit an

application for a reduced REI. Such applications would be evaluated and

approved on the basis of the criteria provided in this policy

statement.

If the Agency becomes aware of information and determines at any

time that the reduced REI is not appropriate, EPA will inform and,

after opportunity for discussion, may direct the registrant to revise

the REI on the label.

If any person believes that an active ingredient, not listed as a

candidate for reduced REI in Unit IV of this policy statement, meets

the low toxicity criteria of this policy statement, and that the end

use products containing that active ingredient should be eligible for a

reduced REI, the registrant should contact EPA at the address provided

in the FOR FURTHER INFORMATION CONTACT unit.

II. Background

n believes that an active ingredient, not listed as a

candidate for reduced REI in Unit IV of this policy statement, meets

the low toxicity criteria of this policy statement, and that the end

use products containing that active ingredient should be eligible for a

reduced REI, the registrant should contact EPA at the address provided

in the FOR FURTHER INFORMATION CONTACT unit.

II. Background

The 1992 WPS established an interim minimum REI of 12 hours for all

end use pesticide products for agricultural uses. Longer interim REIs

were established for more toxic products. Many commenters, during the

promulgation of the rule, stated that it was difficult to determine

when the sprays have dried or dusts have settled; thus, judgment was

required to assess when such REI had expired. Other commenters

requested the Agency establish minimum REIs to protect workers against

possible unknown chronic or delayed health effects as a product-

specific health effect evaluation would take the Agency a long time to

conduct. Therefore, the 12-hour minimum REI was established for two

reasons: (1) To replace previous REI which was the statement ``when

sprays have dried and dusts have settled''; and (2) to incorporate a

margin of safety for unknown chronic or delayed health effects.

Since 1992, numerous registrants and pesticide users have asked EPA

to consider reducing the minimum 12-hour REI for lower toxicity

products that they believe do not need a 12-hour REI to protect

workers. In response to these concerns, on January 11, 1995, the Agency

published a proposal (60 FR 2848) for public comment. The January

proposal contained 75 candidate active ingredients that were eligible

for 4-hour REIs. Many comments stated that all Toxicity Category III's

and IV's should be included on the list. EPA screened a total of 495

WPS in-scope active ingredients, and has added 39 more active

ingredients to the candidate list.

III. Policy and Rationale for Low Toxicity Criteria

48) for public comment. The January

proposal contained 75 candidate active ingredients that were eligible

for 4-hour REIs. Many comments stated that all Toxicity Category III's

and IV's should be included on the list. EPA screened a total of 495

WPS in-scope active ingredients, and has added 39 more active

ingredients to the candidate list.

III. Policy and Rationale for Low Toxicity Criteria

The 1992 WPS revised a 1974 regulation that expressed REIs in terms

of the statement ``when sprays have dried and dusts have settled.''

This phrasing was sufficiently vague to cause both enforcement problems

and concerns about necessary margins of safety for chronic or delayed

health effects. The 1992 revision addresses these

problems and concerns by establishing an interim minimum REI of 12

hours for all end use pesticide products for agricultural uses. The 12-

hour figure was applied because data indicated that many of the residue

concerns were not present after 12 hours.

The 12-hour default covers a very large number of active

ingredients, with only active ingredients in Toxicity Categories I and

II (more toxic) having longer REIs under the WPS. Some of the active

ingredients subject to the 12-hour REI, however, have such low levels

of toxicity as to pose minimal risk to workers, even if a fair degree

of exposure occurred. These active ingredients are classified as:

microbial pesticides (living organisms, including protozoa, fungi,

bacteria, and viruses); biochemical pesticides (materials that occur in

nature and possess a non-toxic mode of action to the target pest(s);

and certain conventional agricultural chemicals.

Therefore, EPA developed screening criteria to identify those

active ingredients with low toxicities from the universe of all

Toxicity Categories III and IV active ingredients covered by the WPS.

The Agency was concerned that the active ingredient should not be

acutely toxic and have no other associated developmental, reproductive,

neurotoxic, or carcinogenic effects

agricultural chemicals.

Therefore, EPA developed screening criteria to identify those

active ingredients with low toxicities from the universe of all

Toxicity Categories III and IV active ingredients covered by the WPS.

The Agency was concerned that the active ingredient should not be

acutely toxic and have no other associated developmental, reproductive,

neurotoxic, or carcinogenic effects. Additionally, the active

ingredient should not be a cholinesterase inhibitor (N-methyl carbamate

and organophosphate) since those chemicals are known to cause a large

number of pesticide poisonings and have the potential for serious

neurological effects. Finally, no adverse incident data must be present

for those active ingredients.

For the few active ingredients where limited data were available,

EPA evaluated data on chemically similar active ingredients (analogs

which EPA believes are predictive of the toxicity of those active

ingredients) and used that data as a surrogate. Examples of such active

ingredients are , 2,4-D Isopropyl, and 2,4-D, Isooctyl(2-octyl).

The Agency believes that reducing the REIs for pesticides which

meet the criteria below would still provide adequate protection to

workers. Moreover, reducing the REI would provide agricultural

producers with greater flexibility and may promote the use of these

inherently less toxic products over those with greater risks and longer

REIs. The Agency concludes that the modification of the REIs will not

result in unreasonable risk to workers.

Accordingly, the Agency established the following criteria to

select the active ingredients with low toxicity, which would be

eligible for shorter REIs.

1. The active ingredient is in Toxicity Category III or IV based

upon data for acute dermal toxicity, acute inhalation toxicity, primary

skin irritation, and primary eye irritation. Acute oral toxicity data

were used if no acute dermal data were available

he Agency established the following criteria to

select the active ingredients with low toxicity, which would be

eligible for shorter REIs.

1. The active ingredient is in Toxicity Category III or IV based

upon data for acute dermal toxicity, acute inhalation toxicity, primary

skin irritation, and primary eye irritation. Acute oral toxicity data

were used if no acute dermal data were available. If EPA lacked data on

primary skin irritation, acute inhalation, or primary eye irritation of

the active ingredient, in question the Agency reviewed data on that

end-point for similar active ingredients (analogs). If the analog was

in Toxicity Category I or II, EPA excluded such active ingredients from

consideration for the reduced REI.

2. The active ingredient is not a dermal sensitizer (or in the case

of biochemical and microbial active ingredients, no known reports of

hypersensitivity exist).

3. The active ingredient is not a cholinesterase inhibitor (N-

methyl carbamate or organophosphate) as these chemicals are known to

cause large numbers of pesticide poisonings and have the potential for

serious neurological effects.

4. No known reproductive, developmental, carcinogenic, or

neurotoxic effects have been associated with the active ingredient. If

active ingredients did not have data available for these chronic health

effects, EPA considered data on appropriate chemical and biological

analogs. Active ingredients that have been classified as carcinogenic

in Category B (probable human carcinogen) or Category CQ*

(possible human carcinogen, for which quantification of potential risk

is considered appropriate), or are scheduled for EPA's Health Effects

Division Cancer Peer Review process, were omitted from consideration.

5. EPA does not possess incident information (illness or injury

reports) that are ``definitely'' or ``probably'' related to post-

application exposures to the active ingredient.

6

CQ*

(possible human carcinogen, for which quantification of potential risk

is considered appropriate), or are scheduled for EPA's Health Effects

Division Cancer Peer Review process, were omitted from consideration.

5. EPA does not possess incident information (illness or injury

reports) that are ``definitely'' or ``probably'' related to post-

application exposures to the active ingredient.

6. Some active ingredients are not included in Unit IV of this

policy statement because they have been the subject of a reregistration

eligibility decision document (RED) which concluded that a 12-hour or

longer REI was necessary to protect workers. Active ingredients with

REIs established during the recent reregistration activities are not

eligible for reduced REIs through the notification process. Although a

RED has been completed on Glyphosate, the REI for Glyphosate was set

utilizing end use product data, and hence, the Agency will add it to

the candidate active ingredient list. However, the registrant for those

end use products must meet criteria listed in Unit VI of this policy

statement to be eligible for a 4-hour REI reduction.

It should also be noted that WPS does not apply to pheromones used

in insect traps.

IV. Candidate Active Ingredients Meeting Low Toxicity Criteria

The following is a list of 114 active ingredients currently subject

to the WPS requirements that meet the lower toxicity criteria.

pyr

Imazethapyr, ammonium salt

Indole-3-butyric acid

Lagendidium giganteum, mycelium

Mefluidide, diethanolamine

Mefluidide, potassium salt

Methyl nonyl ketone

Metsulfuron-methyl

Milky spore

Mineral oil

Muscalure, component of (e)-9-tricosene

Muscalure, component of (z)-9-tricosene

N-6-Benzyladenine

NAA, Ethyl ester

Nerolidol

Nicosulfuron

Nosema locustae

Octyl bicycloheptenedicarboxamide

Oxytetracycline hydrochloride

Paradichlorobenzene

Paraffin oils

Periplanone B

Polyhedral inclusion bodies of Autographa californica

Polyhedral inclusion bodies of Heliothis zea NPV or Helicoverpa

zea NPV

Polyhedral inclusion bodies of beet armyworm npv

Polyhedral inclusion bodies, Neodiprion sertifer NVP

Potassium gibberellate

Promalin

Pseudomonas cepacia type wiscons.

Pseudomonas fluorescens

Pseudomonas fluorescens A506

Pseudomonas fluorescens EG-1053

Pseudomonas fluorescens strain NCIB 12089

Pseudomonas syringae

Puccinia canaliculata (Schweinitz)

Rimsulfuron DPX-E9636

Ryania speciosa

Ryanodine

s-Kinoprene

s-Methoprene

Sesame plant, ground

Siduron

Silica gel

Silicon dioxide

Sodium carboxymethylcellulose

Sodium metaborate

Soybean oil

Streptomyces griseoviridis

Streptomycin

Streptomycin sesquisulfate

Sulfometuron-methyl

Thifensulfuron-methyl

Thiobencarb

Tomato pinworm (e)-4-tridecen-1-yl acetate

Tomato pinworm (e)-11-tetradecenyl acetate

Triasulfuron

1-Triacontanol

Trichoderma harzianum var. rifai (KRL-AG2)

Trichoderma harzianum (ATCC 20476)

Trichoderma polysporum (ATCC 20475)

Tussock moth npv

V. Procedure for Adding Active Ingredients To List

reptomycin

Streptomycin sesquisulfate

Sulfometuron-methyl

Thifensulfuron-methyl

Thiobencarb

Tomato pinworm (e)-4-tridecen-1-yl acetate

Tomato pinworm (e)-11-tetradecenyl acetate

Triasulfuron

1-Triacontanol

Trichoderma harzianum var. rifai (KRL-AG2)

Trichoderma harzianum (ATCC 20476)

Trichoderma polysporum (ATCC 20475)

Tussock moth npv

V. Procedure for Adding Active Ingredients To List

If a registrant believes an active ingredient not on the candidate

list meets the criteria set forth in Unit III of this policy statement,

and that end use products containing that active ingredient should be

eligible for a reduced REI, the registrant should contact EPA at the

address given in the FOR FURTHER INFORMATION CONTACT unit, before

December 31, 1995. To be considered for a reduced REI, the active

ingredient must meet the criteria outlined in this policy, based upon

studies determined by the Agency to be acceptable. To use the

streamlined notification process, the registrant is required to submit

the studies or cite their MRID numbers and provide copies of Agency

reviews that confirm that the criteria are met.

If a registrant believes a new active ingredient may meet the

criteria set forth in Unit III of this policy statement, the registrant

should request that EPA apply the screening criteria for the reduced

REI and reference this policy in the application for registration.

Registrants having pending applications may also request the reduced 4-

hour REI by amending their application for registration. The registrant

must also cite this policy and indicate that a reduced REI of 4 hours

is being sought. Such pending applications will be considered against

the criteria of this policy statement, and, if acceptable, will be

permitted the reduced REI. The screening criterion for incident data

would not apply to new active ingredients

ed 4-

hour REI by amending their application for registration. The registrant

must also cite this policy and indicate that a reduced REI of 4 hours

is being sought. Such pending applications will be considered against

the criteria of this policy statement, and, if acceptable, will be

permitted the reduced REI. The screening criterion for incident data

would not apply to new active ingredients.

If a registrant wishes to add a new WPS use to an existing WPS

product, and the active ingredient and product would qualify for a 4-

hour REI, the registrant must use the standard label amendment process.

After December 31, 1995, registrants must use the existing label

amendment process to request a reduction in a REI. In the future, the

Agency will continue to apply the lower toxicity criteria to identify

active ingredients which may be eligible for the 4-hour REI during both

registration and reregistration process. The Agency will update the

list of the candidate active ingredients periodically.

VI. Procedures for Determining Eligibility of End-Use Products

If the registrant wishes to qualify for REI reduction of an end use

product(s) that contains any active ingredient(s) included on the

candidate list in Unit IV of this policy statement or any subsequent

update, the registrant is responsible for determining if that end use

product(s) qualifies. To qualify, the following criteria must be met:

1. The end-use product is in Toxicity Category III or IV for all of

the following acute toxicity studies: acute dermal toxicity, acute

inhalation toxicity, primary skin irritation, and primary eye

irritation.

2. Based on the required sensitization or hypersensitivity studies,

the end use product is not a sensitizer and there have been no reports

of hypersensitivity.

3. The registrant has no data indicating, and is not aware of,

adverse health effects associated with the end use product, e.g.,

carcinogenicity, neurotoxicity, developmental effects, or reproductive

effects.

4

mary eye

irritation.

2. Based on the required sensitization or hypersensitivity studies,

the end use product is not a sensitizer and there have been no reports

of hypersensitivity.

3. The registrant has no data indicating, and is not aware of,

adverse health effects associated with the end use product, e.g.,

carcinogenicity, neurotoxicity, developmental effects, or reproductive

effects.

4. The registrant is not aware and has not been informed of

incident information (illness or injury reports) that are

``definitely'' or ``probably'' (as defined by the California Incident

Reporting System) related to post-application exposures to the product.

VII. Procedure for Notification/Certification

A. Notification Statement

If a registrant determines that an end use product qualifies for a

reduced REI, the registrant may notify EPA using the following

streamlined notification procedure. The registrant would submit, for

each product, to the Agency, Office of Pesticide Programs, Registration

Division:

1. An Application for Registration (EPA Form 8570-1), identified as

a notification under this policy.

2. One copy of the current product label, clearly marked to

highlight the interim WPS REI.

3. Two copies of a revised label, clearly marked to highlight the

revised REI.

4. In order to certify to the Agency that the end use product meets

all of the criteria outlined above, the registrant must submit the

following proof required to demonstrate that the product is eligible

for the reduced REI:

i. The registrant must submit the required studies, and cite the

MRID numbers for all studies submitted. EPA need not have completed

reviews of these studies.

ii. If EPA has permitted the use of studies performed on a

substantially similar end use product (analog) to fulfill the acute

toxicity data requirements, then the registrant must submit proof that

EPA has accepted such data to satisfy end use product data

requirements.

iii

d studies, and cite the

MRID numbers for all studies submitted. EPA need not have completed

reviews of these studies.

ii. If EPA has permitted the use of studies performed on a

substantially similar end use product (analog) to fulfill the acute

toxicity data requirements, then the registrant must submit proof that

EPA has accepted such data to satisfy end use product data

requirements.

iii. If EPA has waived a data requirement for one or more of the

required studies, the registrant must submit proof that the requirement

for data was waived.

Note: All studies required for evaluating the acute dermal,

acute inhalation, eye irritation, skin irritation or skin

sensitization/hypersensitization on the end use product must have

been submitted, cited, or waived by EPA; only then, can the REI be

reduced for the end use product under this notification procedure.

5. The following certification statement:

I certify that this notification is complete in accordance with

the provisions of EPA's reduced REI policy and that no other changes

have been made to the labeling or the confidential statement of

formula of this product. I further understand that if this

notification does not comply with the terms of EPA's reduced REI

policy, this product may be in violation of the Federal Insecticide,

Fungicide and Rodenticide Act (FIFRA) and I may be subject to

enforcement action and penalties under sections 12 and 14 of FIFRA.

I understand that the Agency may direct a change in the REI of a

product subject to this notice if the Agency determines that a

change is appropriate, and that products may be subject to

regulatory and enforcement action if the appropriate changes are not

made.

,

Fungicide and Rodenticide Act (FIFRA) and I may be subject to

enforcement action and penalties under sections 12 and 14 of FIFRA.

I understand that the Agency may direct a change in the REI of a

product subject to this notice if the Agency determines that a

change is appropriate, and that products may be subject to

regulatory and enforcement action if the appropriate changes are not

made.

Notifications should be sent to:

U.S. Postal Service Deliveries, Document Processing Desk (WPS:95-1),

Office of Pesticide Programs (7504C), Environmental Protection Agency,

401 M St., SW., Washington, DC 20460-0001.

Personal/Courier Service Deliveries (Monday thru Friday, 8 a.m. to 4:30

p.m. except Federal holidays), Document Processing Desk (WPS:95-1),

Office of Pesticide Programs (7504C), Environmental Protection Agency,

Rm. 266A, Crystal Mall 2, 1921 Jefferson Davis Highway, Arlington, VA

22202.

B. Final Printed Labeling

For each product, final printed labeling must be submitted either

as part of the notification or separately in accordance with PR Notice

82-2, before the product may be distributed or sold.

VIII. Sale and Distribution of Pesticide Products Qualifying for a

Reduced REI

After the registrant has submitted the information and

certification specified in Unit VII of this document, the registrant

may sell or distribute products bearing the registrant-certified

revised labeling that was submitted to the Agency.

Such registrants may revise labeling of products already in

channels of trade through stickering or full relabeling. Stickering, or

full relabeling, may occur at sites where product is not under direct

registrant control (such as distribution or retail sites) by any person

the registrant designates and without registration of the site as a

pesticide producing establishment. However, the registrant retains full

responsibility for ensuring that such labeling modifications are

carried out correctly.

IX. Agency Determination to Revise the REI

ay occur at sites where product is not under direct

registrant control (such as distribution or retail sites) by any person

the registrant designates and without registration of the site as a

pesticide producing establishment. However, the registrant retains full

responsibility for ensuring that such labeling modifications are

carried out correctly.

IX. Agency Determination to Revise the REI

FIFRA section 6(a)(2) requires that registrants submit to the

Agency ``additional factual information regarding unreasonable adverse

effects on the environment of the pesticide.'' Registrants may become

aware of information or data concerning adverse effects, illnesses or

injury associated with exposure of an agricultural worker to a

pesticide product or its use, including those resulting from post-

application exposures. The Agency generally regards this information as

relevant to the Agency's on-going assessment of the risks associated

with pesticide products.

If, on the basis of information received from a registrant or other

sources, the Agency determines that the REI should be increased, the

Agency will inform the registrant of that determination and of the new

REI to replace the existing REI. The Agency will also inform the

registrant at that time of actions, if any, that must be taken with

respect to existing stocks of product labeled with a 4-hour REI.

Reregistration decisions or decisions resulting from other Agency

review processes may supersede this policy statement. Please note that

REIs established through the streamlined notification procedure in this

policy are considered to be interim REIs. Once an active ingredient has

gone through the reregistration process, it may result in an active

ingredient either being removed or added to the candidate list, and a

subsequent change in the length of the REI.

X. Compliance

may supersede this policy statement. Please note that

REIs established through the streamlined notification procedure in this

policy are considered to be interim REIs. Once an active ingredient has

gone through the reregistration process, it may result in an active

ingredient either being removed or added to the candidate list, and a

subsequent change in the length of the REI.

X. Compliance

Registrants are responsible for the content and accuracy of

labeling and for compliance with labeling requirements. The Agency will

monitor selected submissions to verify compliance with the required

criteria in this policy statement. Registrants that submit

notifications which do not comply with this policy or EPA's

requirements may be subject to enforcement action under FIFRA sections

12 and 14.

Registrants electing to sell or distribute products bearing

registrant-verified revised labeling are responsible for correcting any

errors on the proposed label. In most cases, incorrectly reducing the

REI from 12 hours to 4 hours would be considered a serious error

possibly requiring stop-sale orders, recalls, or civil penalties. A

serious error is one which may create a potential for harm to workers,

handlers, or other persons, or the environment, or when the errors

prevent achievement of the basic goals of the WPS or FIFRA.

XI. Public Docket

A record has been established for this policy statement under

docket number ``OPP-00399'' A public version of this record, which does

not include any information claimed as confidential business

information, is available for inspection from 8 a.m. to 4 p.m., Monday

through Friday, excluding legal holidays. The public record is located

in Rm. 1132, Office of Pesticide Programs (7506C), Environmental

Protection Agency, Crystal Mall #2, 1921 Jefferson Davis Highway,

Arlington, VA.

XII. Consultations

A. Executive Order 12866

not include any information claimed as confidential business

information, is available for inspection from 8 a.m. to 4 p.m., Monday

through Friday, excluding legal holidays. The public record is located

in Rm. 1132, Office of Pesticide Programs (7506C), Environmental

Protection Agency, Crystal Mall #2, 1921 Jefferson Davis Highway,

Arlington, VA.

XII. Consultations

A. Executive Order 12866

This action was submitted to the Office of Management and Budget

(OMB) for review under Executive Order 12866 (58 FR 51735, October 4,

1993). Any comments or changes made during OMB's review have been

documented in the public record.

B. Unfunded Mandates Reform Act

Pursuant to Title II of the Unfunded Mandates Reform Act of 1995,

which the President signed into law on March 22, 1995, EPA has assessed

the effects of this administrative decision on State, local, and tribal

governments, and the private sector. This action does not result in the

expenditure of $100 million or more by any State, local or tribal

governments, or by anyone in the private sector. In fact, this action

actually involves a reduction in burden and overall cost.

In addition to the consultations prior to proposal, EPA has had

several informal consultations regarding the proposed rule with some

States through the EPA regional offices and at regularly scheduled

State meetings. No significant issues or information were identified as

a result of EPA's discussion with the States.

List of Subjects in 40 CFR Part 156

Environmental protection, Labeling, Occupational safety and health,

Pesticides and pest, Reporting and recordkeeping requirement.

Dated: April 26, 1995.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 95-10876 Filed 5-3-95; 8:45 am]

BILLING CODE 6560-50-F