EPA is modifying certain tolerances for the insecticide/nematicide oxamyl

Tag : Ametryn
 EPA is revoking certain tolerances for theinsecticides/nematicides aldicarb, ethoprop, and oxamyl; theinsecticides disulfoton, malathion, and methyl parathion; themiticide/acaricide propargite; the fungicides o-phenylphenol andits sodium salt, triadimefon, triadimenol, and ziram; theherbicides ametryn, dicamba, diuron, oxyfluorfen, and paraquat; thegrowth regulator/herbicide dimethipin; and theantimicrobial/insecticidal fumigant propylene oxide. Also, EPA ismodifying certain tolerances for the insecticide/nematicide oxamyl;the insecticide fenitrothion; the miticide/acaricide propargite;the molluscicide metaldehyde; the fungicides triadimefon andtridemorph; the herbicides ametryn, 2,4-DB, dicamba, and diuron;and the antimicrobial/insecticidal fumigant propylene oxide. Inaddition, EPA is establishing tolerances for theinsecticide/nematicide oxamyl; the molluscicide metaldehyde; thefungicides etridiazole and streptomycin; the herbicides 2,4-DB,dicamba, and diuron; and the antimicrobial/insecticidal fumigantpropylene oxide and propylene chlorohydrin (a reaction productformed during the propylene oxide sterilization process). Finally,because tolerances expired in 2005, EPA is removing 40 CFR 180.167for nicotine-containing compounds. The regulatory actions finalizedin this document are in follow-up to the Agency's reregistrationprogram under the Federal Insecticide, Fungicide, and RodenticideAct (FIFRA), and tolerance reassessment program under the FederalFood, Drug, and Cosmetic Act (FFDCA), section 408(q).
DATES: This regulation is effective September 24, 2008. Objectionsand requests for hearings must be received on or before November24, 2008, and must be filed in accordance with the instructionsprovided in 40 CFR part 178 (see also Unit I.C. of theSUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a docket for this action underdocket identification (ID) number EPA-HQ-OPP-2008-0232. Alldocuments in the docket are listed in the docket index available athttp://www.regulations.gov. Although listed in the index, someinformation is not publicly available, e.g., Confidential BusinessInformation (CBI) or other information whose disclosure isrestricted by statute. Certain other material, such as copyrightedmaterial, is not placed on the Internet and will be publiclyavailable only in hard copy form. Publicly available docketmaterials are available in the electronic docket athttp://www.regulations.gov, or, if only available in hard copy, atthe OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard(South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The DocketFacility is open from 8:30 a.m. to 4 p.m., Monday through Friday,excluding legal holidays. The Docket Facility telephone number is(703) 305-5805.
FOR FURTHER INFORMATION CONTACT:
Joseph Nevola, Special Review and Reregistration Division (7508P),Office of Pesticide Programs, Environmental Protection Agency, 1200Pennsylvania Ave., NW., Washington, DC 20460-0001; telephonenumber: (703) 308-8037; e-mail address: nevola.joseph@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are anagricultural producer, food manufacturer, or pesticidemanufacturer. Potentially affected entities may include, but arenot limited to:
* Crop production (NAICS code 111).
* Animal production (NAICS code 112).
* Food manufacturing (NAICS code 311).
* Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather providesa guide for readers regarding entities likely to be affected bythis action. Other types of entities not listed in this unit couldalso be affected. The North American Industrial ClassificationSystem (NAICS) codes have been provided to assist you and others indetermining whether this action might apply to certain entities. Ifyou have any questions regarding the applicability of this actionto a particular entity, consult the person listed under FOR FURTHERINFORMATION CONTACT.
B. How Can I Access Electronic Copies of this Document?
In addition to accessing electronically available documents athttp://www.regulations.gov, you may access this Federal Registerdocument electronically through the EPA Internet under the "FederalRegister " listings at http://www.epa.gov/fedrgstr. You may alsoaccess a frequently updated electronic version of 40 CFR part 180through the Government Printing Office's pilot e-CFR site athttp://www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of FFDCA, 21 U.S.C. 436a, any person may filean objection to any aspect of this regulation and may also requesta hearing on those objections. The EPA procedural regulations whichgovern the submission of objections and requests for hearingsappear in 40 CFR part 178. You must file your objection or requesta hearing on this regulation in accordance with the instructionsprovided in 40 CFR part 178. To ensure proper receipt by EPA, youmust identify docket ID number EPA-HQ-OPP-2008-0232 in the subjectline on the first page of your submission. All requests must be inwriting, and must be mailed or delivered to the Hearing Clerk on orbefore [November 24, 2008
In addition to filing an objection or hearing request with theHearing Clerk as described in 40 CFR part 178, please submit a copyof the filing that does not contain any CBI for inclusion in thepublic docket that is described in ADDRESSES. Information notmarked confidential pursuant to 40 CFR part 2 may be disclosedpublicly by EPA without prior notice. Submit your copies,identified by docket ID number EPA-HQ-OPP-2008-0232, by one of thefollowing methods.
* Federal eRulemaking Portal: http://www.regulations.gov. Followthe on-line instructions for submitting comments.
* Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket(7502P), Environmental Protection Agency, 1200 Pennsylvania Ave.,NW., Washington, DC 20460-0001.
* Delivery: OPP Regulatory Public Docket (7502P), EnvironmentalProtection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777S. Crystal Dr., Arlington, VA. Deliveries are only accepted duringthe Docket Facility's normal hours of operation (8:30 a.m. to 4p.m., Monday through Friday, excluding legal holidays). Specialarrangements should be made for deliveries of boxed information.The Docket Facility telephone number is (703) 305-5805.
II. Background
A. What Action is the Agency Taking?
In the Federal Register of June 4, 2008 (73 FR 31788) (FRL-8363-9),EPA issued a proposal to revoke, modify, and establish certainspecific tolerances for residues of the insecticides/nematicidesaldicarb, ethoprop, and oxamyl; the insecticides disulfoton,fenitrothion, malathion, and methyl parathion; themiticide/acaricide propargite; the molluscicide metaldehyde; thefungicides etridiazole, o-phenylphenol and its sodium salt,streptomycin, triadimefon, triadimenol, tridemorph, and ziram; theherbicides ametryn, 2,4-DB, dicamba, diuron, oxyfluorfen, andparaquat; the growth regulator/herbicide dimethipin; and theantimicrobial/insecticidal fumigant propylene oxide and itsreaction product propylene chlorohydrin, and because tolerancesexpired in 2005, to remove 40 CFR 180.167 for nicotine-containingcompounds. Also, the proposal of June 4, 2008 (73 FR 31788)provided a 60-day comment period which invited public comment forconsideration and for support of tolerance retention under FFDCAstandards.
In this final rule, EPA is revoking, modifying, and establishingspecific tolerances for residues of aldicarb, ametryn, 2,4-DB,dicamba, dimethipin, disulfoton, diuron, ethoprop, etridiazole,fenitrothion, malathion, metaldehyde, methyl parathion,o-phenylphenol and its sodium salt, oxamyl, oxyfluorfen, paraquat,propargite, propylene oxide and propylene chlorohydrin,streptomycin, triadimefon, triadimenol, tridemorph, and ziram in oron commodities listed in the regulatory text of this document, andremoving 40 CFR 180.167 for nicotine-containing compounds.
EPA is finalizing these tolerance actions in order to implement thetolerance recommendations made during the reregistration andtolerance reassessment processes (including follow-up on canceledor additional uses of pesticides). As part of these processes, EPAis required to determine whether each of the amended tolerancesmeets the safety standard of FFDCA. The safety findingdetermination of "reasonable certainty of no harm" is discussed indetail in each Reregistration Eligibility Decision (RED) and Reporton FQPA Tolerance Reassessment Progress and Interim Risk ManagementDecision (TRED) for the active ingredient. REDs and TREDs recommendthe implementation of certain tolerance actions, includingmodifications, to reflect current use patterns, to meet safetyfindings and change commodity names and groupings in accordancewith new EPA policy. Printed copies of many REDs and TREDs may beobtained from EPA's National Service Center for EnvironmentalPublications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH45242-2419, telephone number: 1-800-490-9198; fax number:1-513-489-8695; Internet at http://www.epa.gov/ncepihom and fromthe National Technical Information Service (NTIS), 5285 Port RoyalRd., Springfield, VA 22161, telephone number: 1-800-553-6847 or(703) 605-6000; Internet at http://www.ntis.gov. Electronic copiesof REDs and TREDs are available on the Internet athttp://www.regulations.gov andhttp://www.epa.gov/pesticides/reregistration/status.htm.
In this final rule, EPA is revoking certain tolerances and/ortolerance exemptions because either they are no longer needed orare associated with food uses that are no longer registered underFIFRA in the United States. Those instances where registrationswere canceled were because the registrant failed to pay therequired maintenance fee and/or the registrant voluntarilyrequested cancellation of one or more registered uses of thepesticide active ingredient. The tolerances revoked by this finalrule are no longer necessary to cover residues of the relevantpesticides in or on domestically treated commodities or commoditiestreated outside but imported into the United States. It is EPA'sgeneral practice to issue a final rule revoking those tolerancesand tolerance exemptions for residues of pesticide activeingredients on crop uses for which there are no activeregistrations under FIFRA, unless any person in comments on theproposal indicates a need for the tolerance or tolerance exemptionto cover residues in or on imported commodities or legally treateddomestic commodities.
--This is a summary of a Federal Register article originallypublished on the page number listed below--
Final rule.
CFR Part: "40 CFR Part 180"
Citation: "73 FR 54954"
Document Number: "EPA-HQ-OPP-2008-0232; FRL-8382-2"
Federal Register Page Number: "54954"
"Rules and Regulations"
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