EPA Exemption

Biodac® is a class 4 (A) product listed as "exempt" under 40 CFR 180.950.

Following is an excerpt from the Federal Register/Vol. 54, No. 146/
Tuesday, August 1, 1989/Rules and Regulations/pp. 31674-31675.
It states that deinked paper fiber may be exempted from the requirement of a tolerance when used as an inert ingredient (carrier) in pesticide formulations applied to growing crops. So, while there may be limitations to the amount of chemical one may wish to use, there is no limit to the amount of Biodac® that may be used for the application.

SUMMARY: This document establishes that deinked paper fiber be exempted from the requirement of a tolerance when used as an inert ingredient (carrier) in pesticide formulations applied to growing crops only. This regulation was requested by Jellinek, Schwartz, Connoly, and Freshman, Inc., on behalf of Edward Lowe Industries, Inc.

EFFECTIVE DATE: August 1, 1989

SUPPLEMENTARY INFORMATION: EPA issued a proposed rule, published in the Federal Register of May 17, 1989 (54 FR 21236), in which it was announced that Jellinek, Schwartz, Connoly, and Freshman, Inc., on behalf of Edward Lowe Industries, Inc., had requested that the Administrator propose to amend 40CFR 180.1001 (d) by establishing an exemption from the requirement of a tolerance for deinked paper when used as a carrier in pesticide formulations applied to growing crops only. There were no comments or requests for referral to an advisory committee received in response to the proposed rule.

The data submitted in the petition and other relevant material have been evaluated and discussed in the proposed rule. Based on the data and information considered, the Agency concludes that the rule will protect the public health. Therefore, the rule is established as set forth below.

Any person adversely affected by this regulation may, within 30 days after publication of this document in the Federal Register, file written objections with the Hearing Clerk, at the address given above. Such objections should specify the provisions of the regulation deemed objectionable and the grounds for the objections. A hearing will be granted if the objections are supported by grounds legally sufficient to justify the relief sought.

The Office of Management and Budget has exempted this rule from the requirements of Section 3 of Executive Order 12291.

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 the regulations establishing new tolerances or raising tolerance levels or establishing exemptions from tolerance requirements do not have a significant 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

Administrative practice and procedure, Agricultural commodities,
Pesticides and Pests, Reporting and recordkeeping requirements.

Dated: July 24, 1989
Douglas D. Campt,
Director, Office of Pesticide Programs

Therefore, 40 CFR Part 180 is amended as follows:

PART 180-[AMENDED]

1. The authority citation for part 180 continues to read as follows:

Authority: 121 U.S.C. 346a and 371

2. Section 180.1001(d) is amended by adding and alphabetically inserting the inert ingredients, to read as follows:

§ 180.1001 Exemptions from the requirement of a tolerance.

Inert Ingredients	Limits	Uses
Paper Fiber, deinked or recycled, conforming to 21 CFR 109.30(a)(9) and 21 CFR 176.260	.................................	Carrier