Proposed Tolerance Action. EPA is proposing to modify certain tolerances for the herbicide oxyfluorfen and is proposing to establish new tolerances. The regulatory actions proposed in this document are in follow-up to the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment program under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q). EPA has issued a post-FQPA REDs for oxyfluorfen. Comments must be received on or before July 2, 2007.

Based on available data that showed residues of oxyfluorfen as high as 0.03 ppm in or on mint hay, EPA determined that the tolerance on mint hay (peppermint and spearmint) should be decreased from 0.1 to 0.05 ppm. Therefore, the Agency is proposing in 40 CFR 180.381(a) to revise the commodity terminology for mint hay into separate tolerances on peppermint, tops and spearmint, tops and decrease each tolerance to 0.05 ppm.

Based on available exaggerated (5x to 7x MTDB) cattle feeding data that showed residues of oxyfluorfen as high as < 0.003 ppm in milk, 0.007 ppm in fat, < 0.003 ppm in meat, < 0.003 ppm in kidney, and < 0.003 ppm in liver, EPA expected residues below the LOQ (0.01 ppm) in milk, fat, meat, and meat byproducts at the 1x MTDB for cattle. The Agency determined that the tolerances on milk and the fat, meat and meat byproducts of cattle, goats, hogs, horses, and sheep should be set at the LOQ and decreased from 0.05 to 0.01 ppm. Therefore, EPA is proposing in 40 CFR 180.381(a) to decrease the tolerances on milk; cattle, fat; cattle, meat; cattle, meat byproducts; goat, fat; goat, meat; goat, meat byproducts; hog, fat; hog, meat; hog, meat byproducts; horse, fat; horse, meat; horse, meat byproducts; sheep, fat; sheep, meat; and sheep, meat byproducts to 0.01 ppm.

Based on available exaggerated (2.0x MTDB) poultry feeding data that showed residues of oxyfluorfen as high as 0.024 ppm in eggs, 0.163 ppm in fat, 0.004 ppm in meat, and 0.006 ppm in liver, EPA expected residues of 0.012 ppm in egg, 0.082 ppm in fat, 0.002 ppm in meat, and 0.003 ppm in liver at the 1x MTDB for poultry. The Agency determined that the tolerances should be decreased on egg from 0.05 to 0.03 ppm, meat and meat byproducts from 0.05 to 0.01 ppm, and increased on fat from 0.05 to 0.2 ppm. Therefore, EPA is proposing in 40 CFR 180.381(a) to decrease the tolerances on egg to 0.03 ppm, poultry, meat to 0.01 ppm, poultry, meat byproducts to 0.01 ppm, and increase the tolerance on poultry, fat to 0.2 ppm. The Agency determined that the increased tolerance is safe; i.e., there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue. Based on available data that showed oxyfluorfen residues from use of oxyfluorfen on grass grown for seed in Oregon and Washington were not detectable (< 0.03 ppm) in or on grass forage, hay, and seed screenings, EPA determined that the reassessed animal commodity tolerances are adequate to cover any residue contribution from regional registration uses of oxyfluorfen on grasses grown for seed and tolerances should be established on grass forage, hay, and seed screenings at 0.05 ppm. Therefore, the Agency is proposing to establish tolerances in 40 CFR 180.381(c) on grass, forage; grass, hay; and grass, seed screenings; each at 0.05 ppm.

In addition, EPA is proposing to revise commodity terminology in 40 CFR 180.381 to conform to current Agency practice as follows:

``banana (including plantain)'' to ``banana''
``coffee, bean'' to ``coffee, bean, green;'' `
`corn, grain'' to ``corn, field, grain'' and ``corn, pop, grain;''
``onion, dry bulb'' to ``onion, bulb;''
``taro, corm and leaves'' to ``taro, corm'' and ``taro, leaves.

Moreover, it should be noted that use of oxyfluorfen on plantains is covered by the existing tolerance at 0.05 ppm for banana under 40 CFR 180.1(g), and there is no need to establish a separate tolerance on plantains at 0.05 ppm. Also, because use of oxyfluorfen on garlic is covered by the existing tolerance at 0.05 ppm for onion bulb under 40 CFR 180.1(g), there is no need to establish a separate tolerance on garlic at 0.05 ppm as had been recommended in the RED.

Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations.

Requests to Voluntarily Cancel Certain Pesticide Registrations.

Cancellation of Pesticides for Non-payment of Year 2005 Registration Maintenance Fees.

Availability of Court Orders in Washington Toxics Coalition v. EPA Litigation. The Order (with some exceptions) enjoins, vacates and sets aside EPA's authorization of certain pesticides' uses within 20 yards for ground applications and 100 yards for aerial applications, adjacent to salmon supporting waters in California, Oregon and Washington, effectively establishing buffer zones around those waters. This order applies to 38 pesticides, including the fluoridated
Diflubenzuron, Oxyfluorfen, Trifluralin.
The Court's January 22 Order, which carries an effective date of February 5, 2004, and other related materials, including the Court's previous Orders, are available at:
January 22, 2004
August 8, 2003
July 16, 2003
July 2, 2002

US EPA's Pesticide Reregistration Performance Measures and Goals.
In EPA's Fiscal Year 2002 - Reregistration/Risk Management Decisions Completed (Reregistration Eligibility Decision - RED). Oxyfluorfen was one of 7 REDs completed by EPA in FY 2002.

Pesticide Emergency Exemptions. EPA authorized the use in:

-- Oregon & Washington: on strawberry to control broadleaf weeds; Dec 15, 2000 to Jan 31, 2001.

ROHM & HAAS - Notice to Cancel Product Goal 1.6E Herbicide

ROHM & HAAS - Request to voluntarily cancel 2 pesticide registrations for Goal 1.6E Herbicide. EPA Registration Numbers: 000707 AZ-93-0019 and 000707 NC-83-0023.

ROHM & HAAS - Pesticide Tolerance Petition; for residues of oxyfluorfen in or on the raw agricultural commodities peanut meat, meal, vine, hay, crude oil, soap stock, and refined oil at 0.05 ppm and peanut hulls at 0.10 ppm.

ROHM & HAAS - Final Rule exempting Oxyfluorfen from FOOD ADDITIVE REGULATION (FAR). - FINAL RULE.

IR-4 * - Pesticide Tolerances. - FINAL RULE. This document establishes tolerances for residues of the herbicide oxyfluorfen in or on the raw agricultural commodities blackberry and raspberry at 0.05 ppm. EPA is also deleting the metabolites of oxyfluorfen containing the diphenyl ether linkage from certain tolerance expressions. Other tolerances listed in this notice: Garbanzo beans, Papaya, Taro (corms and leaves) at 0.05 ppm.

IR-4 * - Pesticide Tolerances. Proposed Rule. EPA proposes to establish tolerances for residues of the herbicide oxyfluorfen in or on the raw agricultural commodities blackberry and raspberry at 0.05 ppm.

ROHM & HAAS - Extension of Comment Period to Revoke Certain Food Additive Regulations ("because oxyfluorfen induces cancer in animals").

ROHM & HAAS - Request to Revoke Food Additive Regulations on cottonseed oil, mint oil, and soybean oil. This document announces the receipt of, and solicits comments on, a petition proposing the revocation of the section 409 food additive regulations (FAR) established under the Federal Food, Drug and Cosmetic Act for the herbicide oxyfluorfen and its metabolites containing the diphenyl ether linkage (hereinafter oxyfluorfen). This exemption in section 402(a)(2) is commonly referred to as the ``flow-through'' provision because it allows the section 408 raw food tolerance to flow through to processed food. Thus, a section 409 FAR is only necessary to prevent foods from being deemed adulterated when despite the use of good manufacturing practices the concentration of the pesticide residue in a processed food is greater than the tolerance prescribed for the raw agricultural commodity, or if the processed food itself is treated or comes into contact with a pesticide.

ROHM & HAAS - 1993 Pesticide Tolerance Petition for residues in or on PEANUTS: meat at 0.05 ppm; vine at 0.05 ppm; hay at 0.05 ppm; hulls at 0.10 ppm. The Fed. Reg. does not have online access for 1993. This petition was summarized by USDA.

* Interregional Research Project No. 4 (IR-4)