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        Subject:     In This EPA Update:
           
Date:     Wed, 17 Jul 2002 15:42:49 -0400
          
From:     Stephen Tvedten <steve@getipm.com>
Organization:     Get Set Inc. (www.getipm.com)

To:     Paul Helliker <phelliker@cdpr.ca.gov>
          Director, State of California, Department of Pesticide Regulation 

cc:    Christine Whitman whitman.christine@epa.gov

IN THIS EPA UPDATE:

1)     TOLERANCE REVOCATIONS ANNOUNCED FOR CERTAIN USES OF EIGHT PESTICIDES

2)     BENOMYL TOLERANCE REVOCATIONS ANNOUNCED

3)     EPA EXTENDS COMMENT PERIOD ON ORGANOPHOSPHATE CUMULATIVE RISK ASSESSMENT

4)     METHOXYCHLOR TOLERANCES REVOKED

5)     EPA PUBLISHES FEDERAL REGISTER NOTICE ON REASSESSMENT OF SECOND GROUP OF NON-CONTRIBUTING ORGANOPHOSPHATE TOLERANCES

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1)     TOLERANCE REVOCATIONS ANNOUNCED FOR CERTAIN USES OF EIGHT PESTICIDES

On July 17, 2002, EPA published a final rule that revokes 75 specific tolerances for residues of eight pesticide chemicals:  the insecticides phosphamidon and trimethacarb; the herbicides atrazine, bensulide, vernolate, and diphenamid; the fungicide imazalil; and the fungicide/insecticide oxythioquinox.  These pesticides are in the first priority group for tolerance reassessment. The 75 tolerances are being revoked because all registrations for these pesticide uses have been canceled or there are no registered uses for certain crops.  EPA must receive objections and requests for hearings, identified by docket control number OPP -- -2002-0085 on or before September 16, 2002. The notice proposing these revocations was published August 1, 2001. EPA received comments related to the proposed revocation of two pesticides in that notice?carbofuran and fumaric acid.  The registrant commented about a possible need to retain carbofuran tolerance on rice and rice straw for import purposes.  EPA will not revoke these tolerances pending review of data that the registrant will submit in support of this request.  In addition, EPA is evaluating the issues related to the fumaric acid tolerance exemptions and will not revoke these tolerances at this time.  The Federal Register notice provides details of effective dates for revocation of the tolerances covered by this notice.  It is available at http://www.epa.gov/fedrgstr/EPAFR-CONTENTS/2002/July/Day-17/contents.htm. Commodities containing pesticide residues not covered by a tolerance are considered to be adulterated and are subject to seizure.  A tolerance must meet the current safety standard established under the Food Quality Protection Act if it is to be retained.  (See www.epa.gov/pesticides/tolerance for status and other information on tolerance reassessment.)

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 2)     BENOMYL TOLERANCE REVOCATIONS ANNOUNCED

On July 17, 2002, EPA published a Federal Register notice revoking all tolerances (pesticide residues allowed to remain in food) for residues of the fungicide benomyl because this pesticide is no longer registered for use in the United States.  EPA must receive objections and requests for hearings, identified by docket control number OPP{&ndash;}-2002-0068 on or before September 16, 2002.  EPA received no comment that expressed a need for the retention of specific tolerances for import purposes. The Federal Register notice includes a response to the two comments received regarding domestic use of benomyl.  The Agency has established expiration dates for the tolerances to take into account the time needed for legally treated commodities to pass through the channels of trade, based on the expectation that stocks will be exhausted by December 31, 2003 and the typical storage, processing, and distribution activities associated with each commodity.  These tolerance expiration dates are listed in the Federal Register notice. This Federal Register notice is on EPA's web site at http://www.epa.gov/fedrgstr/EPAFR-CONTENTS/2002/July/Day-17/contents.htm

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3)     EPA Extends Comment Period on Organophosphate Cumulative Risk Assessment

The comment period on the revised cumulative risk assessment for the organophosphate pesticides, which EPA released in June, has been extended until August 21, 2002.  The initial comment period was scheduled to close on July 22 and was announced in the Federal Register on June 20.   Comments must refer to docket control number OPP-2002-0153.  Instructions on submitting comments are available in the June 20 notice, which is available on EPA's web site at http://www.epa.gov/fedrgstr/EPAFR-CONTENTS/2002/June/Day-20/ contents.htm .  The notice announcing this extension will be published in the Federal Register as soon as possible.  The revised cumulative risk assessment documents are available at www.epa.gov/pesticides/cumulative/rra-op/ .

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4)    METHOXYCHLOR TOLERANCES REVOKED

EPA has announced the revocation of all tolerances for residues of the pesticide methoxychlor for two reasons:  all registrations of pesticides containing methoxychlor are suspended or canceled, and there are insufficient data to find the pesticide safe as required by the Federal Food, Drug, and Cosmetic Act (FFDCA).  The primary registrant of methoxychlor (Kincaid Enterprises, Inc.) has failed to submit the necessary data required to support continued registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of pesticide products containing methoxychlor.  As a result, on January 14, 2000, EPA issued a suspension order to Kincaid Enterprises, Inc., to prevent the further manufacture and sale of methoxychlor products.  Methoxychlor is an organochlorine insecticide, originally registered as a replacement for DDT.  It has been used on fruits and vegetables to control a variety of pests.  It also has been used to control certain pests on livestock. EPA proposed revocation of all methoxychlor tolerances on April 4, 2002. The Federal Register notice announcing these revocations is available at http://www.epa.gov/fedrgstr/EPAFR-CONTENTS/2002/July/Day-17/contents.htm.  EPA has delayed the effectiveness of these revocations for 90 days following publication of this final rule to ensure that all affected parties receive notice of EPA's actions.  This regulation is effective October 15, 2002.  EPA must receive objections and requests for hearings, identified by docket ID number OPP-2002-0118, on or before September 16, 2002.  For this final rule, EPA believes that all existing stocks of pesticide products labeled for the uses associated with the tolerances proposed for revocation have already been exhausted since such products have been suspended since June 26, 2000.  Similarly, the Agency believes that commodities legally treated with methoxychlor have by this time cleared the channels of trade.

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5)     EPA Publishes Federal Register Notice on Reassessment of Second Group of Non-Contributing Organophosphate Tolerances

On July 17, 2002, EPA published a Federal Register notice announcing reassessment of 47 organophosphate pesticides that do not contribute to risk.  This reassessment action was previously posted on the EPA Web site (  www.epa.gov/pesticides/cumulative/tolerance) and announced by an email update.  This action is part of its review of organophosphate and other pesticide tolerances under the Food Quality Protection Act (FQPA). EPA considers these tolerances reassessed.  The Federal Register notice is available at http://www.epa.gov/fedrgstr/EPAFR-CONTENTS/2002/July/Day-17/contents.htm.  Additional information on the reassessment of tolerances is available at   http://www.epa.gov/pesticides/tolerance/ .


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