[Federal Register Volume 59, Number 8 (Wednesday, January 12, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-762] [[Page Unknown]] [Federal Register: January 12, 1994] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [OPP-300318; FRL-4751-7] RIN No. 2070-AC18 Maleic Acid Monoethyl Ester-Vinyl Methyl Ether Copolymer, Maleic Acid Monoisopropyl Ester-Vinyl Methyl Ether Copolymer, Maleic Acid Monobutyl Ester-Vinyl Methyl Ether Copolymer; Tolerance Exemptions AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This document proposes exemptions from the requirement of a tolerance be established for residues of maleic acid monoethyl ester- vinyl methyl ether copolymer, maleic acid monoisopropyl ester-vinyl methyl ether copolymer, and maleic acid monobutyl ester-vinyl methyl ether copolymer when used as inert ingredients (seed-coating adhesives, gels, and antitranspirants) in pesticide formulations applied to growing crops, raw agricultural commodities after harvest, and animals. This proposed regulation was requested by International Specialty Products. DATES: Written comments, identified by the document control number [OPP-300318], must be received on or before February 11, 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, bring comments to: Rm. 1132, 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. 1132 at the Virginia address given above, from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. FOR FURTHER INFORMATION CONTACT: By mail: Connie Welch, Registration Division (7505C), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. Office location and telephone number: 2800 Crystal Drive, North Tower, 6th Floor, 1921 Jefferson Davis Hwy., Arlington, VA 22202, (703)-308-8320. SUPPLEMENTARY INFORMATION: International Specialty Products, 1361 Alps Rd., Wayne, NJ 07470, has submitted to EPA the following pesticide petitions (PPs): (1) 3E4243, maleic acid monoethyl ester-vinyl methyl ether copolymer; (2) 3E4248, maleic acid monisopropyl ester-vinyl methyl ether copolymer; and (3) 3E4247, maleic acid monobutyl ester- vinyl methyl ether copolymer requesting that the Administrator pursuant to section 408(e) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 346a(e), propose to amend 40 CFR 180.1001(c) and (e) by establishing an exemption from the requirement of a tolerance for residues of these copolymers when used as inert ingredients (seed- coating adhesives, gels, and antitranspirants) in pesticide formulations applied to growing crops or to raw agricultural commodities after harvest, and to animals. 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 set forth a list of studies which would generally be used to evaluate the risks posed by the presence of an inert ingredient in a pesticide formulation. Where it can be determined that the inert ingredient will present minimal or no risk, the Agency does not need some or all of the listed studies to rule on the proposed tolerance or exemption for an inert ingredient. The Agency has decided that any data, in addition to that described below, normally required to support the proposed tolerance exemption for maleic acid monoethyl ester-vinyl methyl ether copolymer, maleic acid monisopropyl ester-vinyl methyl ether copolymer, and maleic acid monobutyl ester-vinyl methyl ether copolymer will not need to be submitted. The rationale for this decision is described below: In the case of certain chemical substances that are defined as ``polymers,'' the Agency has established a set of criteria which identify categories of polymers that present low risk. These criteria (described in 40 CFR 723.250) identify polymers that are relatively unreactive and stable compared to other chemical substances as well as polymers that typically are not readily absorbed. These properties generally limit a polymer's ability to cause adverse effects. In addition, these criteria exclude polymers about which little is known. The Agency believes that polymers meeting the criteria noted above will present minimal or no risk. Maleic acid monoethyl ester-vinyl methyl ether copolymer, maleic acid monoisopropyl ester-vinyl methyl ether copolymer, and maleic acid monobutyl ester-vinyl methyl ether copolymer conform to the definition of polymers given in 40 CFR 723.250(b)(11) and meet the following criteria that are used to identify low-risk polymers: 1. The minimum number average molecular weight of the copolymers mentioned above is 46,000. Substances with molecular weights greater than 400 generally are not absorbed through the intact skin, and substances with molecular weights greater than 1,000 generally are not absorbed through the intact gastrointestinal (GI) tract. Chemicals not absorbed through skin or GI tract generally are incapable of eliciting a toxic response. 2. Maleic acid monoethyl ester-vinyl methyl ether copolymer, maleic acid monoisopropyl ester-vinyl methyl ether copolymer, and maleic acid monobutyl ester-vinyl methyl ether copolymer are not cationic polymers, nor are they reasonably anticipated to become cationic polymers in a natural aquatic environment. 3. The above-mentioned copolymers do not contain less than 32.0 percent by weight of the atomic element carbon. 4. Maleic acid monoethyl ester-vinyl methyl ether copolymer, maleic acid monisopropyl ester-vinyl methyl ether copolymer, and maleic acid monobutyl ester-vinyl methyl ether copolymer contain as integral parts of their composition the atomic elements carbon, hydrogen, nitrogen, and oxygen. 5. The above-mentioned copolymers do not contain as integral parts of their composition, except as impurities, any elements other than those listed in 40 CFR 723.250(d)(3)(ii). 6. Maleic acid monoethyl ester-vinyl methyl ether copolymer, maleic acid monisopropyl ester-vinyl methyl ether copolymer; and maleic acid monobutyl ester-vinyl methyl ether copolymer are not biopolymers, synthetic equivalents of biopolymers, or derivatives or modifications of biopolymers that are substantially intact. 7. The above-mentioned copolymers are not manufactured from reactants containing, other than as impurities, halogen atoms or cyano groups. 8. Maleic acid monoethyl ester-vinyl methyl ether copolymer, maleic acid monisopropyl ester-vinyl methyl ether copolymer, and maleic acid monobutyl ester-vinyl methyl ether copolymer do not contain reactive functional groups that are intended or reasonably anticipated to undergo futher reaction. 9. The above-mentioned copolymers are not designed, nor are they reasonable expected, to substantially degrade, decompose, or depolymerize. Based on the information above and review of its use, EPA has found that, when used in accordance with good agricultural practice, these ingredients are useful and a tolerance is not necessary to protect the public health. Therefore, EPA proposes that the exemptions 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, as amended, which contains any of these three chemicals 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 Federal Food, Drug, and Cosmetic Act. Interested persons are invited to submit written comments on the proposed regulation. Comments must bear a notation indicating the document control number, [OPP-300318]. 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 2 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 an 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: December 23, 1993. Stephen L. Johnson, Acting Director, Registration Division, Office of Prevention, Pesticides and Toxic Substances. 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. In Sec. 180.1001, by amending paragraphs (c) and (e) in the tables therein by adding and alphabetically inserting the following inert ingredients, to read as follows: Sec. 180.1001 Exemptions from the requirement of a tolerance. * * * * * (c) * * * ------------------------------------------------------------------------ Inert ingredients Limits Uses ------------------------------------------------------------------------ ******* Maleic acid monoethyl .................. Seed-coating adhesive, ester-vinyl methyl ether gel, and copolymer, CAS No. 25087- antitranspirant. 06-3, minimum average molecular weight 46,000 Maleic acid monisopropyl .................. Seed-coating adhesive, ester-vinyl methyl ether gel, and copolmer, CAS No. 31307- antitranspirant. 95-6, minimum average molecular weight 49,000. Maleic acid monobutyl .................. Seed-coating adhesive, ester-vinyl methyl ether gel, and copolymer, CAS No. 25119- antitranspirant. 68-0, minimum average molecular weight 52,000. ******* ------------------------------------------------------------------------ * * * * * (e) * * * ------------------------------------------------------------------------ Inert ingredients Limits Uses ------------------------------------------------------------------------ ******* Maleic acid monoethyl .................. Seed-coating adhesive, ester-vinyl methyl ether gel, and copolymer, CAS No. 25087- antitranspirant. 06-3, minimum average molecular weight 46,000. Maleic acid monisopropyl .................. Seed coating adhesive, ester-vinyl methyl ether gel, and copolmer, CAS No. 31307- antitranspirant. 95-6, minimum average molecular weight 49,000. Maleic acid monobutyl .................. Seed-coating adhesive, ester-vinyl methyl ether gel, and copolymer, CAS No. 25119- antitranspirant. 68-0, minimum average molecular weight 52,000. ******* ------------------------------------------------------------------------ [FR Doc. 94-762 Filed 1-11-94; 8:45 am] BILLING CODE 6560-50-F