Environmental Protection Agency August 2, 2006 – Federal Register Recent Federal Regulation Documents

This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of quizalofop-P-ethyl in or on barley, flax and sunflower seed, and wheat commodities.

Since the amendments of October 1988, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) has required payment of an annual maintenance fee to keep pesticide registrations in effect. The fee that was due January 15, 2006 has gone unpaid for 720 registrations. Section 4(i)(5)(G) of FIFRA provides that the Administrator may cancel these registrations by order and without a hearing; orders to cancel all 720 of these registrations have been issued within the past few days.

There will be a 3-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to review the evaluation of the resistance risks from using 100% Bollgard and Bollgard II cotton as part of a pink bollworm eradication program in the state of Arizona.

This notice announces the availability of EPA's Tolerance Reassessment Decision (TRED) for the boric acid/sodium borate salts pesticides, and opens a 60 day public comment period on this document. The Agency's risk assessments and other related documents also are available in the boric acid/sodium borate salts pesticides Docket. Through the tolerance reassessment program, EPA is ensuring that all pesticides meet current health and food safety standards.

EPA is revoking, under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(e)(1), the existing exemption from the requirement of a tolerance for residues of the inert ingredient ``wheat bran'' under 40 CFR 180.910. This regulatory action contributes toward the Agency's tolerance reassessment requirements under FFDCA section 408(q), as amended by the Food Quality Protection Act (FQPA) of 1996. By law, EPA is required by August 2006 to reassess the tolerances that were in existence on August 2, 1996. This regulatory action counts as a tolerance reassessment toward the August 2006 review deadline.

This notice announces the availability of EPA's cumulative risk assessment for the organophosphate group of pesticides and opens a public comment period on this document and other support documents. As required by the Food Quality Protection Act (FQPA), a cumulative risk assessment, which evaluates exposures based on a common mechanism of toxicity, was conducted to evaluate the risk from food, drinking water, residential, and other non-occupational exposures resulting from registered uses of organophosphate pesticides. The organophosphate group includes over 30 pesticides including acephate, azinphos-methyl (AZM), bensulide, chlorethoxyfos, chlorpyrifos, chlorpyriphos-methyl, diazinon, dichlorvos (DDVP), dicrotophos, dimethoate, disulfoton, ethoprop, fenamiphos, fenthion, fosthiazate, malathion, methamidophos, methidathion, methyl-parathion, mevinphos, naled, omethoate, oxydemeton-methyl, phorate, phosalone, phosmet, phostebupirim, pirimiphos-methyl, profenofos, terbufos, tetrachlorvinphos, tribufos, and trichlorfon. Several organophosphate pesticides, however, were not incorporated into the cumulative risk assessment because no dietary, drinking water, or residential human exposure to these pesticides is anticipated from any of the currently registered uses.

This notice announces EPA's receipt of test data on In Vitro Dermal Absorption Rate Testing of certain chemicals of interest to the Occupational Safety and Health Administration (OSHA). EPA received data on the following chemicals: Dipropylene glycol methyl ether (DPGME) (CAS No. 34590-94-8); naphthalene (CAS No. 91-20-3); diphenylamine (DPA) (CAS No. 122-39-4); 1-nitropropane (CAS No. 108-03-2); 2- nitropropane (CAS No. 79-46-9); isophorone (CAS No. 78-59-1); p- nitrochlorobenzene (CAS No. 100-00-5); and benzyl chloride (CAS No. 100-44-7). These data were submitted pursuant to a test rule issued by EPA under section 4 of the Toxic Substances Control Act (TSCA).

In this Order, EPA denies, in part, a petition requesting the modification or revocation of the pesticide tolerances for alachlor, chlorothalonil, methomyl, metribuzin, and thiodicarb established under section 408 of the Federal Food, Drug, and Cosmetic Act (``FFDCA''). The petition was filed on December 17, 2004, by the States of New York, California, and Connecticut, and the Commonwealth of Massachusetts (``the States''). In their petition, the States contend that the risks posed by these pesticide tolerances must be assessed utilizing the additional tenfold (10X) safety factor for the protection of infants and children and that once this additional factor is included the challenged tolerances no longer meet the safety standard under FFDCA section 408. EPA is denying the petition to modify or revoke as to the tolerances for the pesticides alachlor, chlorothalonil, and metribuzin. EPA is deferring action on the petition as regards the tolerances for methomyl and thiodicarb given the ongoing Agency proceedings to address the safety of these pesticides.