Backup Documents 06/03/2015 PELICAN BAY SERVICES DIVISION
Municipal Service Taxing & Benefit Unit
NOTICE OF PUBLIC MEETING JUNE 3, 2015
THE PELICAN BAY SERVICES DIVISION BOARD WILL MEET ON
WEDNESDAY, JUNE 3 AT 1 PM AT THE COMMUNITY CENTER AT
PELICAN BAY, LOCATED AT 8960 HAMMOCK OAK DRIVE, NAPLES,
FLORIDA 34108.
AGENDA
1. Pledge of Allegiance
2. Roll call
3. Agenda approval
4. Approval of May 6 meeting minutes
5. Audience comments
6. * CIP Phase 3 landscaping plans
7. * Multi-way stop at North Pointe Drive & Pelican Bay Boulevard
8. * Beach renourishment
9. * Bids for Oak Lake Sanctuary lake bank work
10. * Oak Lake Sanctuary swale
11. * Bids for Oakmont lake bank work
12. *Water parameters for berm sites
13. * Clam Bay pilot oyster program
14. * Brazilian pepper removal
15. * Fiscal Year 2016 Budget
16. Administrator's report
a. April financial report
b. May financial report
17. Committee reports
a. Beach renourishment
b. Budget
c. Clam Bay
d. Landscape & Safety
e. Water Management
18. Chair's comments
a. PBSD & PBF landscaping
b. Topics for future meetings
19. Unfinished business
20. New business
21. Adjournment * asterisk indicates possible Board action item
ANY PERSON WISHING TO SPEAK ON AN AGENDA ITEM WILL RECEIVE UP TO THREE (3) MINUTES PER ITEM TO
ADDRESS THE BOARD.THE BOARD WILL SOLICIT PUBLIC COMMENTS ON SUBJECTS NOT ON THIS AGENDA AND ANY
PERSON WISHING TO SPEAK WILL RECEIVE UP TO THREE (3) MINUTES. THE BOARD ENCOURAGES YOU TO SUBMIT
YOUR COMMENTS IN WRITING IN ADVANCE OF THE MEETING.ANY PERSON WHO DECIDES TO APPEAL A DECISION OF
THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD IS MADE,WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS AN ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS MEETING YOU ARE ENTITLED TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT
THE PELICAN BAY SERVICES DIVISION AT(239)597-1749 OR VISIT PELICANBAYSERVICESDIVISION NET.
5/29/2015 3:36:40 PM
From: Jim Carr [mailto:jim.carr @abbinc.com]
Sent: Wednesday, June 03, 2015 9:25 AM
To: ResnickLisa; Kevin Carter
Subject: Oak Lake Sanctuary- proposed swale
Lisa,
A proposed swale from the existing US41 culverts to the Oak Lake Sanctuary lake is approximately 350
linear feet. The swale would likely have a 10-15 foot wide bottom and be approximately 25 to 30' wide
at the top to convey the peak stormwater volume from Pine Ridge contributing area.
Based on this concept, attached is a preliminary opinion of cost for the earthwork grading, bahia sod, rip
rap at the US41 pipes,and associated work. The unit costs are estimated higher than normal based on
the recent bids received at Oak Lake.
Engineering design for the runoff flow and swale capacity calculations, and prepare construction plans
and permitting,the estimated budget is$8,000 to 10,000. Let me know if question.
Ja 444-44'A. Carr, P.E.
Agnoli,Barber&Brundage,Inc.
7400 Tamiami Trail North,Suite 200
Naples,FL 34108
239.5973111 ext 215
239.566.2203 fax
Agnoli,Barber&Brundage, Inc
Engineer's Preliminary Opinion of Probable Cost(Conceptual)
June 2,2015 PN 15-0019
Pelican Bay-Oak Lake Sanctuary
Swale Concept
Item No. Description Unit Quantity Unit Total
Cost Cost
1 MOBILIZATION LS 1 $10,000.00 $10,000.00
2 RIP-RAP WITH FILTER FABRIC MIRAFI 140N SY 30 $80.00 $2,400.00
3 SOD(Bahia) SY 1,200 $8.00 $9,600.00
4 GRADE SWALE and adjacent slope/bank SY 3,000 $5.00 $15,000.00
5 STAKED TURBIDITY BARRIER/EROSION CONTROL LF 100 $20.00 $2,000.00
TOTAL $39,000.00
10%CONTINGENCY $3,900.00
TOTAL 110%OF PROBABLE COST $42,900.00
Quantities based on rough estimate of swale length and width from aerial plan view
r 9,° ERc0^�r CENTRAL BROWARD WATER CONTROL DISTRICT
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`' ° 8020 STIRLING ROAD(DAVIE)
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cygp�q' }20�g'`� BOARD OF COMMISSIONERS TELEPHONE (954)432-5110
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FAX (954)432-8603
Angie Leto.Chair E-Mail distnctmanagerCcentralbrowardwcd org
Judy Ann Bunce.Vice-Chair
Douglas R.Bell
David Donzella
Cris Fardelmann
Mark Flynt
May 20, 2015
Water Management Districts:
Central Broward Water Control District has used Pro-Teck, purchased from
Magna-Bon II, LLC, for the past 15 years. We have found it to be a cost effective
algae control.
If you have any questions, please call me at 954-432-5110.
Sincerely,
Mike Crowley, District Manager
MAGNA-BON PRO-TECK
CANAL OR POND
USAGE WITH A HERBICIDE
Magna-Bon Pro-Teck may be applied by itself on pond scum and algae, as shown on
the label. If you need to use a herbicide, you can use Magna-Bon Pro-Teck with it to
eliminate the algae bloom that will be created when the aquatic weeds die due to the
herbicide application. Magna-Bon Pro-Teck has been used extensively by Water
Control Districts in South Florida for this application for over 10 years.
In a 90 gallon tank mix the following:
2 1/2 gallons Magna-Bon Pro-Teck
3/4 gallons Reward or 1/2 gallon 2-4-D (Alternate every few sprays)
1 gallon any Sinker
This mixture will cover 5/8 of an acre
It is applied by dragging
If you can have an initial spray and then go back and spray again within 10-14 days,
you can probably really knock it back for awhile.
From: Adam LWDD, Aquatic Director
In a 100 gallon tank mix:
2 gallons Reward
5 gallons Pro-Teck
1 gallon Any sinker
Agitate. This mixture will cover approx. .4 of a mile x 30' wide x 4' deep
It is applied by dragging.
From: Bryon CBWCD, Aquatics
BRIEF HISTORY OF MAGNA BON
Magna-Bon is an Okeechobee based supplier of chemicals used in at least
17 (seventeen) states in the United States and soon South America, for the
purpose of prevention and elimination of algae and aquatic plant life, as well as
eliminating certain fungal and bacterial disease associated with produce,
including fruits, vegetables, fish, meat and poultry.
The product itself is a patented formula (U.S. Patent No. 163,709) which is
modified for various uses based upon application and user requirements.
Originally created by inventors and scientists Robert Cook and John Kennedy, the
patent rights were ultimately sold to Frank Miele, the current president, who has
been the owner of the company, since December 2004.
While the possible benefits of the product were recognized by the initial
owners, none had sufficient marketing or field experience to effectively present
the product and its derivatives to potential buyers. Frank Miele began efforts in
earnest shortly after his acquisition of the rights to the products.
Since December 2004, Magna-Bon has grown from One-Hundred and
Seventy Five Thousand ($175,000.00) dollars in sales to Three Million, Five-
Hundred Thousand ($3,500,000.00) dollars in sales. New applications for the
product are being discovered on a regular basis and have been a key factor in
growth which is expected to reach Five-Million ($5,000,000.00) dollars in total
sales by 2017.
USES AND APPLICATION TECHNIQUES OF MAGNA BON PRODUCTS
Magna Bon sells its products for a broad spectrum of uses including but not
limited to post harvest wash of fresh produce, antimicrobial wash, foliar spray or
water treatment for the control of various diseases in garden row, field and tree
crops, on hard surface areas such as equipment from infected fields, or in
hospitals, homes, etc. as well as against a wide range of human, plant and animal
diseases. Additionally, the composition of the present patented formulation is
approved by the FDA and EPA to coat, treat, and disinfect food products such as
but not limited to fish and shellfish, meat, milk, poultry, eggs and irrigated crops
(both food and nonfood crops), as well as non food products as defined in the EPA
exemption from tolerance for copper and copper products. The composition may
include inerts such as surfactants, detergents and buffers to adjust the pH. The
composition remains soluble in water and is useful and efficacious against the
spread of bacteria, viruses, fungi and other pathogens within a source of water
such as a reservoir or pool. Alternatively, the composition may be in aerosolized,
misted, vaporized, fogged, humidified forms to produce micronized particles
which are able to remain in suspension in the air for long periods of time in order
to act on air-borne fungal spores and/or pathogens.
Magna Bon is approved for quality control by IS09000 and quality control is
an integral part of our day to day operations.
OUR UNDERSTANDING OF THE PROBLEMS
FACING PELICAN BAY SERVICES DIVISION
It is our understanding that Pelican Bay Service Division may be facing
opposition from Board Members and unit owners of Pelican Bay and Pelican
Marsh with regards to the use of copper sulfate because of a heightened level of
copper sulfate being found in aquatic life in the waters of Clam Bay. Although we
are unaware of the exact levels of copper sulfate being found in the aquatic life or
the rate of increase, we are familiar with the problem as a symptom of using
copper sulfate in salt/solid form which is merely in solution.
This method of treatment leads to eventual settling out of copper sulfate as
a metal salt, into the sediment of bodies of water. Over several months or even
years, the level of copper sulfate now resting in the sediment increases mutifold
and a strong rain event will result in a "flushing" of the sediment and associated
copper sulfate in concentration levels which may be as high as 30 times the level
of original application. These flushing events inundate the aquatic life in the Clam
Bay area and greatly inhibits the fauna's ability to readily process the copper
sulfate out of their systems simply because of the high dosage levels. The end
result is that after inundation with copper sulfate, animals such as fish and shell
fish are repeatedly dosed with fairly regular doses of copper sulfate with the
return of every rainy season. Rather than a slow natural dissipation of copper
salts, there is never sufficient time to metabolize the chemical before another
round of inundation.
MAGNA BON SOLUTIONS
Magna Bon has been providing solutions to the South Florida Water
Management District for over ten (10) years. Our product works without the
settling out of metal salts by the patented formula which keeps the copper sulfate
in solution as the result of the ionic charge for the five (5) water molecules bound
to the copper sulfate. Testing sample of our products show that the copper
sulfate is kept in solution indefinitely so that it will not settle out of solution and
embed metal salts at the bottom of a body of water. This prevents buildup of
copper sulfate and maintains copper sulfate levels at 1-2 ppm as opposed to
sudden elevations and discharges of 30 ppm or more.
Initially, Magna-Bon would propose testing a small body of water such as
might be found at Pelican Bay and checking the copper sulfate in solution of the
sediment so as to establish a baseline.
Magna-Bon proposes that the isolated body of water be treated with one
of our patented derivatives such as Cascada or Proteck, and then monitored for a
certain period of time. Our goal would be to maintain the concentration of copper
sulfate pentahydrate at 1-2 ppm. Although this may require the addition of
chemicals after a heavy rain storm, it would be necessary in order to maintain the
minimum copper sulfate level to deter algae and aquatic life from growing while
avoiding "overdosing" the system.
THE RIGHT MAGNA-BON PRODUCTS FOR PELICAN BAY SERVICES DIVISION
Magna-Bon products such as Cascada, and Proteck which are typically used
for treatment of undesirable algae and build up of aquatic life offer a viable and
highly preferable alternative to the former methods of water treatment used by
the Pelican Bay Services Division.
The application rate is readily calculated by initially determining the cubic
feet of water contained in each particular water system ( avg. length x avg. width
x avg depth). This is then multiplied by 7.5 to determine the gallons of water
contained in the particular body of water. The number of gallons is then divided
by fifty-thousand (50,000) to determine the amount of Pro-Teck or Cascada.
ADDITIONAL INFORMATION AS TO OUR PRODUCTS
Magna-Bon's unique formulation is approved by the Organic Materials
Review Institute for safety, reliability and minimal environmental impact.
Additional information about our products can be obtained on our website at
www.magnabon.com. Additional references from both governmental and
commercial entities will be provided upon request.
� gna-Bon®
'olm■••'• AGRICULTURAL CONTROL SOLUTIONS
PRO-TECK
ALGICIDE/BACTERICIDE
•N
��-
FOR WATER IN LAKES, PONDS, RESERVOIRS AND
IRRIGATION CONVEYANCE SYSTEMS
Ingredients
Active Ingredient:
Copper Sulfate Pentahydrate* (CAS 7758-99-8) 19.8%
Other Ingredients. 80.2%
Total 100.0%
*Equivalent to 5.0% metallic copper
A Chelated Copper Product
EPA REG. NO. 66675-4
EPA EST. NO. 66675-FL-001
LOT NO.
Net Contents: 1 U.S. Gallon 9.45 Liters
9.9 Lbs. Per U.S. Gallon 1.188 kg/I
Manufactured by: Magna-Bon II, LLC.
1531 NW 25th Drive
Okeechobee, Fl. 34972-2046
1-863-357-0400
KEEP OUT OF REACH OF CHILDREN
DANGER / PELIGRO
Si usted no entiende la etqueta.busque.an alguien pars que se la explique and usted en detalle.(If you
do not understand this label,find someone to explain it to you in detail)
FIRST AID
If in Eyes • Hold eye open and rinse slowly and gently with water for 15-
20 minutes.
• Remove contact lenses, if present, after the first 5 minutes,
then continue rinsing.
• Call a poison control center or doctor for treatment.
If Swallowed • Call a poison control center or doctor immediately for
treatment advice.
• Have a person sip a glass of water if able to do so.
• Do not induce vomiting unless told to do so by a poison
control center or doctor.
• Do not give anything to an unconscious person.
If Inhaled • Move person to fresh air.
• If person is not breathing, call 911 or an ambulance, and then
give artificial respiration, preferably by mouth-to-mouth, if
possible.
If on Skin • Take off contaminated clothing.
• Rinse skin immediately with plenty of water for 15-20 minutes.
• Call a poison control center or doctor for treatment advice.
HOT LINE NUMBER
Have the product container or label with you when calling a Poison Control Center or
Doctor or going for treatment. You may also contact 1-800-424-9300 (Chemtrec) for
emergency medical treatment information.
DIRECTIONS FOR USE
It is a violation of Federal Law to use this product in a manner inconsistent with its
labeling.
Waters treated with this product may be hazardous to aquatic organisms. Treatment of
aquatic weeds and algae can result in oxygen loss from decomposition of dead algae
and weeds. This oxygen loss can cause fish and invertebrate suffocation. To minimize
this hazard, do not treat more than 1/2 of the water body to avoid depletion of oxygen
due to decaying vegetation. Wait at least 10 to 14 days between treatments. Begin
treatments along the shore and proceed outwards in bands to allow fish to move into
untreated areas. Consult with the State or local agency with primary responsibility for
regulation pesticides before applying to public waters, to determine if a permit is
required.
PRODUCT USES: Magna-Bon Pro-Teck is a copper sulfate pentahydrate formulation
used to control odors and algae in lakes, ponds, reservoirs and irrigation conveyance
systems.
Using water containing moderate to high amounts of sulfur may cause Magna-Bon Pro-
Teck to neutralize. Whenever possible, use a compatibility jar test before mixing a
whole tank.
FOR TREATING WATER IN LAKES, PONDS AND RESERVOIRS: This product is not
intended to produce water that meets drinking water standards. For suppression of
bacterial odors and for control of algae, apply in late spring or early summer when algae
and bacteria first appear. The dosages are variable and depend upon algae/bacteria
species, water hardness, water temperature, amount of algae/bacteria present, as well
as whether water is clear, turbid, flowing or static. Preferably, the water should be clear
with the temperature above 60EF or 15.6EC. Higher dosages are required at lower
temperatures, higher algae/bacterial concentration, and for hard waters.
Application of Magna-Bon Pro-Teck may be done in a variety of ways including, but not
limited to, pouring the required amount directly from the container into lakes, ponds,
reservoirs or irrigation canals. It may be applied by first diluting the required amount of
this product with enough water to ensure even distribution with the type of equipment
being used and then applied through hand or power sprayer or underwater injection.
Several application points speed up dispersal. Static water requires less chemical for
algae/bacteria control than does flowing water. Use higher doses for Chara and Nitella
(aquatic plants) and lower doses for filamentous algae (pond scum) and planktonic
algae. If there is uncertainty about the dosages, begin with a lower dose and increase
until control is achieved, or until the maximum allowable level has been reached.
The application rates in the chart below are based on static or flow conditions.
Identify the algae/aquatic plant growth present as one of the following:
planktonic, filamentous, Chara or Nitella.
# Determine the surface area and average depth treated.
# Refer to the chart below to determine gallons of Magna-Bon Pro-Teck to apply
per surface acre.
Application Rates
Gallons per Surface Acre
Algae/Aquatic Plant ppm Copper Average Depth in Feet
1 2 3 4
Planktonic 0.2 1.1 2.2 3.3 4.4
Filamentous 0.2 1.1 2.2 3.3 4.4
Chara 0.4 2.2 4.4 6.6 8.8
Nitella 0.4 2.2 4.4 6.6 8.8
Odor Control 1.0 5.45 10.9 16.3 21.8
Application rates for depths greater than 4 feet may be obtained by adding the rates
above to give proper depth. Do not exceed a copper concentration of 1.0 ppm copper
in treated water.
One acre/foot = 326,000 gallons (one acre = 43,560 square feet)
Cubic feet X 7.48 = gallons
Treatment of algae can result in oxygen loss from the decomposition of dead algae.
This loss can cause fish suffocation. If the algae cover more than one-third (1/3) of the
total water area, treat in sections. Treat one-third (1/3) to one-half (2) of the water area
in a single operation and wait ten (10) to fourteen (14) days between treatments.
Begin treatment along the shore and proceed outward in bands to allow fish to move to
untreated areas. In regions where ponds freeze in winter, treatment should be done six
(6) to eight (8) weeks before expected freeze to prevent masses of decaying algae
under an ice cover. Trout and certain other species of fish may be killed at
recommended application rates, especially in soft or acidic waters. Before treating
bodies of water, consult proper State authorities, such as fisheries commission or
conservation department to obtain any necessary permits.
For algae/bacterial odor control, apply one (1) gallon Magna-Bon Pro-Teck to each sixty
thousand (60,000) gallons of water. For treating waters destined to be used as potable
water (after passing through a drinking water treatment plant), do not exceed one (1)
gallon Magna-Bon Pro-Teck to each sixty thousand (60,000) gallons of water (1 ppm
copper).
IRRIGATION CONVEYANCE SYSTEMS
In Irrigation Conveyance Systems: For continuous addition, add one (1) gallon Magna-
Bon Pro-Teck to each sixty thousand (60,000) gallons of water. For conveyance
systems longer than ten (10) miles, it is recommended that the above dosage be
dispersed among injection points every ten (10) miles. However, do not exceed the
total dosage of one (1) gallon Magna-Bon Pro-Teck to each sixty thousand (60,000)
gallons of water.
STORAGE and DISPOSAL
Do not contaminate water, food or feed by storage and disposal.
PESTICIDE STORAGE:
• Store in a safe place away from PETS AND KEEP OUT OF THE REACH OF
CHILDREN.
• Store away from excessive heat.
• Magna-Bon Pro-Teck will freeze.
• Always keep container closed.
• Store Magna-Bon Pro-Teck in its original container only.
• Bulk Magna-Bon Pro-Teck shall be stored in 316 L stainless steel, fiberglass,
PVC's, polypropylene or plastic equipment.
• Keep away from galvanized pipe or any nylon storage equipment.
PESTICIDE DISPOSAL:
• Wastes resulting from the use of this product may be disposed of on site or at an
approved waste disposal facility.
• If empty: Do not reuse this container. Place in trash or offer for recycling if
available.
• If partially filled: Call your local solid waste agency for disposal instructions.
Never place unused product down any indoor or outdoor drain.
• Excess Magna-Bon Pro-Teck should be disposed of through label use.
• Do not contaminate lakes, rivers or streams as it may cause fish kill.
• Pesticide wastes are hazardous, improper disposal of excess waste, spray
mixture or rinsate is a violation of Federal law.
• If these wastes cannot be disposed of by use according to the label instructions,
contact your State Pesticide or Environmental Control Agency, or Hazardous
Waste representative at the nearest EPA Regional Office for guidance. In the
event of a spill, neutralize with limestone or baking soda before disposal.
• Concentrate may deteriorate concrete.
CONTAINER DISPOSAL:
• Triple rinse or equivalent.
• Then offer for recycling or reconditioning, or puncture and dispose of in a
sanitary landfill, or incineration or if allowed by state and local authorities by
burning.
• If burned, stay out of smoke.
• Rinsing and re-use of "totes" is permissible.
DANGER / PELIGRO
Si usted no entiende la etqueta.busque,an alguien Para que se la explique and usted en detalle.Of you
do not understand this label,find someone to explain it to you in detail)
PRECAUTIONARY STATEMENTS
Hazards to Humans and Domestic Animals
DANGER
Corrosive: May cause irreversible eye damage. Do not get into eyes or on clothing.
Wear goggles or safety glasses. Harmful if swallowed, inhaled or absorbed through the
skin. May cause allergic skin response. Avoid contact with eyes, skin or clothing.
Avoid breathing vapor or spray mist. Remove contaminated clothing and wash before
re-use. Wash thoroughly with soap and water after handling.
Potable water sources treated with copper products may be used as drinking water only
after proper additional potable water treatments.
ENVIRONMENTAL HAZARDS
Do not apply directly to water, except as specified on this label. Do not
contaminate water by disposal of equipment washwaters or rinsate.
APPLICATION AND HANDLING EQUIPMENT
Application, handling or storage equipment must consist of either fiberglass, PVC=s,
polypropylene, viton, most plastics or 316L stainless steel. Never use mild steel, nylon,
brass, or copper around full strength Magna-Bon Pro-Teck. Always rinse equipment
free and clean of Magna-Bon Pro-Teck with plenty of fresh clean water. Concentrated
will destroy cotton and nylon clothing. Always store Magna-Bon Pro-Teck above 32EF.
Do not allow Magna-Bon Pro-Teck to freeze. Freezing may cause separation. Seller
makes no warranty for the performance of product that has been frozen.
LIMITED WARRANTY AND LIMITATION OF REMEDIES
Seller warrants that the product conforms to the chemical description and is reasonably
fit for the purpose stated on the label for use under normal conditions, but makes no
other warranties of FITNESS OR MERCHANTABILITY expressed or implied, or any
other warranty if the product is used contrary to the label instructions or under abnormal
conditions not foreseeable to the seller. In no case shall the seller be liable for more
than the cost of the product to the buyer, and will in no event be liable for any
consequential, special or indirect damages connected with the use or handling of this
product. This product is offered and the buyer or user accepts its subject to the
forgoing terms which may not be varied.
Material Safety Data Sheet Department of Labor
May be used to comply with OSHA's Hazard Communication Occupational Safety and Health Administration
Standard, 29 CFR 1910.1200. This standard must be consulted (Non-Mandatory Form)
for specific requirements. Form Approved OMB No. 1218-00782.
IDENTITY:
MAGNA-BON PRO-TECK
SECTION 1 :
Manufacturer: Magna-Bon II, LLC Emergency Phone Number: 800-424-9300 (Chemtrec)
1531 N.W. 25th Drive Information Phone Number: 863-357-0400
Okeechobee, Fl. 34972 Date Prepared: 9/2013
Signature of Preparer (optional):
Section 2: Hazard Ingredients / Identity Information
Hazardous Components: OSHA ACGIH Other limits
(Specific Chemical Identity; Common Name(s) PEL TLV Recommended (optional)
None Not Not Not Relevant Not
Relevant Relevant Relevant
Active Ingredients: Copper Sulfate Pentahydrate* (CAS 7855-99-8) 19.8%
Other Ingredients. 80.2%
Total. 100.0%
*Equivalent to 5% metallic copper
Components not precisely identified are proprietary or non hazardous
Section 3: Physical / Chemical Characteristics
Boiling Point: 220 °F Specific Gravity (H20=1): 1.18
Vapor Pressure (mm Hg.): 0.1 mm 68°F Melting Point: None
Vapor Density (AIR=1): 1.00 Evaporation Rate (Butyl Acetate=1): None
Solubility in Water: Very Soluble
Appearance and odor: Clear blue liquid mild odor.
Material Safety Data Sheet Department of Labor
May be used to comply with OSHA's Hazard Communication Occupational Safety and Health Administration
Standard, 29 CFR 1910.1200. This standard must be consulted (Non-Mandatory Form)
for specific requirements. Form Approved OMB No. 1218-00782.
Section 4: Fire and Explosion Hazard Data
Flash Point (Method Used): None Flammable Limits: None LEL: Not Available UEL: Not Available
Extinguishing Media: Non-flammable
Special Fire Fighting Procedures: None
Unusual Fire and Explosion Hazards: None
Section 5: Reactivity Data
Stability: Unstable: No Conditions to Avoid: Avoid mixing with strong bases and strong reducing
agents.
Stable: Yes
Incompatibility (Materials to Avoid): Avoid mixing with strong bases and strong reducing agents.
Hazardous Decomposition or Byproducts: Sulfuric acid fumes may be generated by thermal decomposition.
Hazardous May Occur: No Conditions to Avoid: None
Polymerization:
Will not Occur: Yes
Section 6: Health Hazard Data
Route(s) of Entry: Inhalation?Yes Skin? Yes Ingestion? Yes
Health Hazards (Acute and Chronic): Avoid breathing fumes: Products contains elemental copper. Ingesting may cause
acute copper toxicity.
Carcinogenicity: NTP? IARC Monographs? OSHA Regulated?
Signs and Symptoms of Exposure: Allergies may occur. Skin irritation may occur. Avoid prolonged body contact.
(Always use protective clothing)
Medical Conditions Generally Aggravated by Exposure: Sulfur allergies may occur.
Emergency and First Aid Procedures: Treat as a sulfur base reaction .
Material Safety Data Sheet Department of Labor
May be used to comply with OSHA's Hazard Communication Occupational Safety and Health Administration
Standard, 29 CFR 1910.1200. This standard must be consulted (Non-Mandatory Form)
for specific requirements. Form Approved OMB No. 1218-00782.
Section 6: Health Hazard Data (cont'd)
Emergency and First Aid Procedures (cont'd):
Eyes: •Hold eye open and rinse slowly and gently with water for 15-20 minutes.
•Remove contact lenses, if present, after the first 5 minutes, then continue rinsing.
•Call a poison control center or doctor for treatment advice.
Swallowed: •Call a poison control center or doctor immediately for treatment advice.
•Have a person sip a glass of water if able to swallow.
•Do not induce vomiting unless told to by a poison control center or doctor.
•Do not give anything to an unconscious person.
Inhaled: •Move person to fresh air.
•If person is not breathing, call 911 or an ambulance, and then give artificial respiration, preferably
mouth-to-mouth if possible.
•Call a poison control center or doctor for further treatment advice.
Skin: •Take off contaminated clothing.
•Rinse skin immediately with plenty of water for 15-20 minutes.
•Call a poison control center or doctor for treatment advice.
Section 7: Precautions for Safe Handling and Use
Steps to be Taken in Case Steps to be Taken in Case Material is Released or Spilled: Flush with water into a
Material is Released or Spilled: retaining tank. Contain and neutralize with bicarbonate of soda or fertilizer grade
limestone.
Waste Disposal Method: Neutralize with bicarbonate of soda or fertilizes grade limestone and dispose of in
accordance with all Federal, State and Local Regulations.
Precautions to be Taken in Avoid storage in excessive heat, expansion of container may occur creating spillage.
Handling and Storage:
Other Precautions: DO NOT STORE in nylon or galvanized equipment. Concentrate will destroy nylon
and cotton cloth.
Material Safety Data Sheet Department of Labor
May be used to comply with OSHA's Hazard Communication Occupational Safety and Health Administration
Standard, 29 CFR 1910.1200. This standard must be consulted (Non-Mandatory Form)
for specific requirements. Form Approved OMB No. 1218-00782.
Section 8: Control Measures
Respiratory Protection (Specify Type): Adequate local ventilation
Ventilation: Yes Local Exhaust: Yes Special: None
Mechanical (General): None Other: None
Protective Gloves: Yes Eye Protection: Yes
Work/ Hygienic Practices: Body shower after prolong skin contact.
Other Protective Clothing or Equipment: •goggles
•gloves made of any waterproof material
•long-sleeved shirt
•long pants
•shoes plus socks
Disclaimer: The information set forth herein is furnished free of charge and is based on data that The New Magna-Bon
Corp., Inc. believes to be reliable It is intended for use by persons having technical skill and at their own discretion and
risk. Since conditions of use outside of our control, we make no warranties, express or implied, and assume no liability in
connection with any use of the information. Nothing herein is to be taken as a license to operate under or a
recommendation to infringe any patents.
Prepared By: Magna-Bon II, LLC.
Date Prepared: September 2013
Copper Sulfate Pentahydrate; Exemption from the
Requirement of a Tolerance
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: November 15, 2000 (Volume 65, Number 221) ]
[Rules and Regulations]
[Page 68908-68912]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:frl5no00-231
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-301060; FRL-6747-3]
RIN 2070-AB78
Copper Sulfate Pentahydrate; Exemption from the Requirement of a
Tolerance
AGENCY: Environmental Protection Agency (EPA) .
ACTION: Final rule.
SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of copper sulfate pentahydrate when applied
as a fungicide to raw agricultural commodities after harvest. Magna Bon
Corporation submitted a petition to EPA under the Federal Food, Drug,
and Cosmetic Act, as amended by the Food Quality Protection Act of 1996
requesting an exemption from the requirement of a tolerance. This
regulation eliminates the need to establish a maximum permissible level
for residues of copper sulfate pentahydrate. In this final rule, the
Agency is also reordering the structure of 40 CFR 180.1001(b) (1) and
180.1021 to group most of the copper exemptions together. The
reordering does not change the regulatory status of these chemicals.
DATES: This regulation is effective November 15, 2000. Objections and
requests for hearings, identified by docket control number OPP-301060
must be received by EPA on or before January 16, 2001.
ADDRESSES: Written objections and hearing requests may be submitted by
mail, in person, or by courier. Please follow the detailed instructions
for each method as provided in Unit VIII. of the SUPPLEMENTARY
INFORMATION. To ensure proper receipt by EPA, your objections and
hearing requests must identify docket control number OPP-301060 in the
subject line on the first page of your response.
FOR FURTHER INFORMATION CONTACT: By mail: Treva Alston, Registration
Division (7505C) , Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (703) 308-8373; and e-mail address:
aiston.trevaaepa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be affected by this action if you are an agricultural
producer, food manufacturer, or pesticide manufacturer. Potentially
affected categories and entities may include, but are not limited to:
Examples of
Categories NAICS Potentially
Affected Entities
Industry 111 Crop production
112 Animal production
311 Food manufacturing
32532 Pesticide
manufacturing
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in the table could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether or not this action might apply to certain entities. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
[ [Page 68909] ]
B. How Can I Get Additional Information, Including Copies of this
Document and Other Related Documents?
1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select "Laws and
Regulations, " "Regulations and Proposed Rules, " and then look up the
entry for this document under the "Federal Register--Environmental
Documents. " You can also go directly to the Federal Register listings
at http://www.epa.gov/fedrgstr/.
2. In person. The Agency has established an official record for
this action under docket control number OPP-301060. The official record
consists of the documents specifically referenced in this action, and
other information related to this action, including any information
claimed as Confidential Business Information (CBI) . This official
record includes the documents that are physically located in the
docket, as well as the documents that are referenced in those
documents. The public version of the official record does not include
any information claimed as CBI. The public version of the official
record, which includes printed, paper versions of any electronic
comments submitted during an applicable comment period is available for
inspection in the Public Information and Records Integrity Branch
(PIRIB) , Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy.,
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.
II. Background and Statutory Findings
In the Federal Register of July 14, 1999 (64 FR 37972) (FRL -6085-
5) , EPA issued a notice pursuant to section 408 of the Federal Food,
Drug, and Cosmetic Act (FFDCA) , 21 U.S.C. 346a, as amended by the Food
Quality Protection Act (FQPA) (Public Law 104-170) announcing the
filing of a pesticide petition (PP 8F4982) by Magna Bon Corporation,
3213 Ocean Drive, Vero Beach, Florida 32963. This notice included a
summary of the petition prepared by the petitioner. There were no
comments received in response to the notice of filing. Various copper
containing substances have been exempted from tolerance requirements
for numerous uses. 40 CFR 180.1001 (b) (1) exempts the listed copper
compounds when applied to growing crops. However, these substances are
not exempted from the requirement of a tolerance when applied to a crop
at the time of or after harvest. Other exempted uses of copper include
harvested fish and shellfish, meat, milk, poultry, eggs, and irrigated
crops as specified in 40 CFR 180.1021. The petition requested that
copper sulfate pentahydrate be exempted from the requirement of a
tolerance when applied to raw agricultural commodities at 0.050 ppm.
The Agency does not generally grant an exemption from the requirement
of tolerance with a numerical limitation.
Section 408 (b) (2) (A) (i) of the FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is "safe. " Section 408(b) (2) (A) (ii) defines "safe "
to mean that "there is a reasonable certainty that no harm will result
from aggregate exposure to the pesticide chemical residue, including
all anticipated dietary exposures and all other exposures for which
there is reliable information. " This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Section 408(b) (2) (C) requires EPA to give
special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to "ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . . "
EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.
III. Toxicological Profile
Consistent with section 408(b) (2) (D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children. The nature of the toxic effects caused by copper
sulfate pentahydrate are discussed in this unit.
There is adequate information available to characterize the
toxicity of the copper ion. Copper is ubiquitous in nature and is a
necessary nutritional element for both animals (including humans) , and
plants. Copper is found naturally in the food we eat, in the water we
drink, in the air we breathe and in our bodies themselves. Some of the
environmental copper is due to direct modification of the environment
by man such as mining and smelting of the natural ore. It is one of 26
elements found essential to life. The copper ion is present in the
adult human body at levels of 80-150 mg.
Oral ingestion of excessive amounts of the copper ion from
pesticidal uses is unlikely. Copper compounds are irritating to the
gastric mucosa. Ingestion of large amounts of copper results in prompt
emesis. This protective reflex reduces the amount of copper ion
available for absorption into the human body. Additionally, at high
levels humans are also sensitive to the taste of copper. Because of
this organoleptic property, oral ingestion would also serve to limit
high doses.
Only a small percentage of ingested copper is absorbed, and most of
the absorbed copper is excreted. The copper ion occurs naturally in
many foods and the metabolism of copper is well understood. The Agency
published a registration standard for copper sulfate in 1985. As
indicated in the registration standard, there are several factors
unique to copper which indicate that specific studies to fulfill the
usual data requirements are not necessary to regulate copper sulfate as
a pesticide. One of the foremost of these is the fact that copper is a
required nutritional element for both plants and animals. It appears
that more evidence is available to define the adverse effects of a
deficiency in the diet than to show the toxic effects of an excess
intake; in fact, no account has been found in the literature reviewed
which describes a toxic effect to normal humans from ingestion of
common foodstuffs containing copper. Because copper toxicity to man
through the diet has not been shown in normal persons, little is known
about the minimum levels of dietary copper necessary to cause evidence
of adverse effects. This situation is likely due, to an effective
homeostatic mechanism that is involved in the dietary intake of copper
and that protects man from excess body copper. This complex mechanism
integrates absorption, retention, and excretion to stabilize the copper
body burden. Given that copper is ubiquitous and is routinely consumed
as part of the daily diet, it is unlikely that with current exposure
patterns there would be any long term adverse effects.
[ (Page 68910] ]
Sulfate has little toxic effect and is routinely used in medicine
as a cathartic when combined with magnesium or sodium, the only adverse
manifestation from this use being dehydration if water intake is
concurrently limited.
IV. Aggregate Exposures
In examining aggregate exposure, FFDCA section 408 directs EPA to
consider available information concerning exposures from the pesticide
residue in food and all other nonoccupational exposures, including
drinking water from ground water or surface water and exposure through
pesticide use in gardens, lawns, or buildings (residential and other
indoor uses) .
EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide chemicals, the Agency considers the toxicity of the chemical
in conjunction with possible exposure to residues of the chemical
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings. If EPA is able to
determine that a finite tolerance is not necessary to ensure that there
is a reasonable certainty that no harm will result from aggregate
exposure, an exemption from the requirement of a tolerance may be
established.
A. Dietary Exposure
Copper is ubiquitous in nature and is a necessary nutritional
element for both animals (including humans) and plants. It is one of 26
elements found essential to life. The human body must have copper to
stay healthy. In fact, for a variety of biochemical processes in the
body to operate normally, copper must be part of our diet. Copper is
needed for certain critical enzymes to function in the body. Too little
copper in the body can actually lead to disease.
1. Food. The main source of copper for infants, children, and
adults, regardless of age, is the diet. Copper is typically present in
mineral rich foods like vegetables (potato, legumes (beans and peas) ,
nuts (peanuts and pecans) , grains (wheat and rye) , fruits (peach and
raisins) , and chocolate in levels ranging from 0.3 to 3.9 ppm. A single
day's diet may contain 10 mg or more of copper. The daily recommended
allowance of copper for adults nutritional needs is 2 mg. It is not
likely that the approval of this petition would significantly increase
exposure over that of the existing levels of copper.
2. Drinking water exposure. Copper is a natural element found in
the earth's crust. As a result, most of the world's surface water and
ground water that is used for drinking purposes contains copper. The
actual amount varies from region to region, depending on how much is
present in the earth, but in almost all cases the amount of copper in
water is extremely low. Naturally occurring copper in drinking water is
safe for human consumption, even in rare instances where it is at
levels high enough to impart a metallic taste to the water. The Agency
has set a maximum contaminant level for copper at 1.3 ppm because the
Agency believes that this level of protection would not cause any
potential health problems, i.e. stomach and intestinal distress, liver
and kidney damage, and anemia. It is not likely that the approval of
this petition would significantly increase exposure over that of the
existing levels of copper.
B. Other Non-Occupational Exposure
Copper compounds have many uses on crops (food as well as non food)
and ornamentals as a fungicide.
1. Dermal exposure. Given the prevalence of copper in the
environment, no significant increase above current levels would be
expected from the dermal non-occupational use of copper sulfate
pentahydrate.
2. Inhalation exposure. Air concentrations of copper are relatively
low. A study based on several thousand samples assembled by EPA's
Environmental Monitoring Systems Laboratory showed copper levels
ranging from 0.003 to 7.32 micrograms per cubic meter. Other studies
indicate that air levels of copper are much lower. The Agency does not
expect the air concentration of copper to be significantly affected by
the use of copper sulfate pentahydrate.
V. Cumulative Effects
The Agency believes that copper has no significant toxicity to
humans and that no cumulative adverse effects are expected from long-
term exposure to copper salts including copper sulfate pentahydrate.
EPA does not have, at this time, available data to determine whether
copper compounds have a common mechanism of toxicity with other
substances or how to include this inert ingredient in a cumulative risk
assessment. For the purposes of this tolerance action, EPA has not
assumed that copper compounds have a common mechanism of toxicity with
other substances.
VI. Determination of Safety for U.S. Population, Infants and
Children
Copper sulfate pentahydrate is considered as Generally Recognized
as Safe (GRAS) by the Food and Drug Administration. EPA has exempted
various copper compounds from the requirement of a tolerance when used
as aquatic herbicides (40 CFR 180.1021) . Copper compounds are also
exempt from the requirements of a tolerance when applied to growing
crops when used as a plant fungicide in accordance with good
agricultural practices (40 CFR 180.1001 (b) (1) ) .
1. U.S. population. Copper is a component of the human diet and an
essential element. Use of copper sulfate pentahydrate is not expected
to increase the amount of copper in the diet as a result of its use on
growing crops and post harvest use.
2. Infants and children. Copper is also a component of the diet of
infants and children and also an essential element of their diet.
Because of copper's low toxicity, EPA has not used a safety factor
approach to analyze the safety of copper sulfate pentahydrate used in
growing crops as well as post harvest. For similar reasons, an
additional ten-fold margin of safety is not necessary for the
protection of infants and children.
Based on the information in this preamble, EPA concludes that there
is a reasonable certainty of no harm to the general population,
including infants and children, from aggregate exposure to copper
sulfate pentahydrate residues.
VII. Other Considerations
A. Analytical Method(s)
An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.
B. Existing Tolerance Exemptions
Copper sulfate pentahydrate has been exempted from the requirement
of a tolerance under 40 CFR 180.1001(b) (1) when applied to growing
crops.
C. International Tolerances
The Agency is not aware of any country requiring a tolerance for
copper sulfate pentahydrate nor have any CODEX Maximum Residue Levels
(MRLs) been established for any food crops at this time.
VIII. Conclusions
Based on the information in this preamble, EPA concludes that there
is a reasonable certainty of no harm from
[ [Page 68911] ]
aggregate exposure to residues of copper sulfate pentahydrate.
Accordingly, EPA finds that exempting post harvest uses of copper
sulfate pentahydrate from the requirement of a tolerance will be safe.
Although the petitioner requested an exemption with a maximum residue
limit, the Agency does not generally grant an exemption from the
requirement of a tolerance with a numerical limitation. Given the lack
of toxicity of this compound, EPA is following its general practice of
not establishing a numerical limitation with this exemption.
In examining the existing tolerance exemptions for copper
compounds, it was observed that the exemptions from the requirement of
a tolerance are in two places in the Code of Federal Regulations, 40
CFR 180.1001 (b) (1) and 40 CFR 180.1021. For ease of use, all of these
exemptions from the requirement of a tolerance are being placed in
180.1021. While reordering of the structure of the CFR is occurring,
there have not been any changes with respect to the exemptions from the
requirement of a tolerance of these copper compounds. However, copper
sulfate pentahydrate is now exempt from the requirement of a tolerance
when applied as a fungicide to growing crops or to raw agricultural
commodities after harvest.
IX. Objections and Hearing Requests
Under section 408 (g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. Although the procedures in those
regulations require some modification to reflect the amendments made to
the FFDCA by the FQPA of 1996, EPA will continue to use those
procedures, with appropriate adjustments, until the necessary
modifications can be made. The new section 408 (g) provides essentially
the same process for persons to "object" to a regulation for an
exemption from the requirement of a tolerance issued by EPA under new
section 408 (d) , as was provided in the old FFDCA sections 408 and 409.
However, the period for filing objections is now 60 days, rather than
30 days.
A. What Do I Need to Do to File an Objection or Request a Hearing?
You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in this unit
and in 40 CFR part 178. To ensure proper receipt by EPA, you must
identify docket control number OPP-301060 in the subject line on the
first page of your submission. All requests must be in writing, and
must be mailed or delivered to the Hearing Clerk on or before January
16, 2001.
1. Filing the request. Your objection must specify the specific
provisions in the regulation that you object to, and the grounds for
the objections (40 CFR 178.25) . If a hearing is requested, the
objections must include a statement of the factual issues(s) on which a
hearing is requested, the requestor's contentions on such issues, and a
summary of any evidence relied upon by the objector (40 CFR 178.27) .
Information submitted in connection with an objection or hearing
request may be claimed confidential by marking any part or all of that
information as CBI. Information so marked will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2. A copy of the
information 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.
Mail your written request to: Office of the Hearing Clerk (1900) ,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. You may also deliver your request to the Office
of the Hearing Clerk in Rm. C400, Waterside Mall, 401 M St., SW.,
Washington, DC 20460. The Office of the Hearing Clerk is open from 8
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Office of the Hearing Clerk is (202) 260-4865.
2. Tolerance fee payment. If you file an objection or request a
hearing, you must also pay the fee prescribed by 40 CFR 180.33(i) or
request a waiver of that fee pursuant to 40 CFR 180.33(m) . You must
mail the fee to: EPA Headquarters Accounting Operations Branch, Office
of Pesticide Programs, P.O. Box 360277M, Pittsburgh, PA 15251. Please
identify the fee submission by labeling it "Tolerance Petition Fees. "
EPA is authorized to waive any fee requirement "when in the
judgement of the Administrator such a waiver or refund is equitable and
not contrary to the purpose of this subsection. " For additional
information regarding the waiver of these fees, you may contact James
Tompkins by phone at (703) 305-5697, by email at tompkins. im @epa.gov,
or by mailing a request for information to Mr. Tompkins at Registration
Division (7505C) , Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. , NW., Washington, DC 20460.
If you would like to request a waiver of the tolerance objection
fees, you must mail your request for such a waiver to: James Hollins,
Information Resources and Services Division (7502C) , Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
3. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit VIII.A.,
you should also send a copy of your request to the PIRIB for its
inclusion in the official record that is described in Unit I.B.2. Mail
your copies, identified by docket control number OPP-301060, to: Public
Information and Records Integrity Branch, Information Resources and
Services Division (7502C) , Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
In person or by courier, bring a copy to the location of the PIRIB
described in Unit I.B.2. You may also send an electronic copy of your
request via e-mail to: opp-docket @epa.gov. Please use an ASCII file
format and avoid the use of special characters and any form of
encryption. Copies of electronic objections and hearing requests will
also be accepted on disks in WordPerfect 6.1/8.0 file format or ASCII
file format. Do not include any CBI in your electronic copy. You may
also submit an electronic copy of your request at many Federal
Depository Libraries.
B. When Will the Agency Grant a Request for a Hearing?
A request for a hearing will be granted if the Administrator
determines that the material submitted shows the following: There is a
genuine and substantial issue of fact; there is a reasonable
possibility that available evidence identified by the requestor would,
if established resolve one or more of such issues in favor of the
requestor, taking into account uncontested claims or facts to the
contrary; and resolution of the factual issues(s) in the manner sought
by the requestor would be adequate to justify the action requested (40
CFR 178.32) .
X. Regulatory Assessment Requirements
This final rule establishes an exemption from the tolerance
requirement under FFDCA section 408 (d) in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4,
1993) . This final rule does not contain any information collections
subject to OMB approval under the Paperwork
[ [Page 68912] ]
Reduction Act (PRA) , 44 U.S.C. 3501 et seq., or impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4) . Nor
does it require any prior consultation as specified by Executive Order
13084, entitled Consultation and Coordination with Indian Tribal
Governments (63 FR 27655, May 19, 1998) ; special considerations as
required by Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low Income
Populations (59 FR 7629, February 16, 1994) ; or require OMB review or
any Agency action under Executive Order 13045, entitled Protection of
Children from Environmental Health Risks and Safety Risks (62 FR 19885,
April 23, 1997) . This action does not involve any technical standards
that would require Agency consideration of voluntary consensus
standards pursuant to section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (NTTAA) , Public Law 104 -113, section 12 (d)
(15 U.S.C. 272 note) . Since tolerances and exemptions that are
established on the basis of a petition under FFDCA section 408 (d) , such
as the exemption in this final rule, do not require the issuance of a
proposed rule, the requirements of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq. ) do not apply. In addition, the Agency has
determined that this action will not have a substantial direct effect
on States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
entitled Federalism (64 FR 43255, August 10, 1999) . Executive Order
13132 requires EPA to develop an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications. "
"Policies that have federalism implications" is defined in the
Executive Order to include regulations that have "substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. " This final
rule directly regulates growers, food processors, food handlers and
food retailers, not States. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of FFDCA section 408(n) (4) .
XI. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register. This final
rule is not a "major rule" as defined by 5 U.S.C. 804 (2) .
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated:October 31, 2000.
James Jones,
Director, Registration Division, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 321(q) , 346(a) and 371.
Sec. 180.1001 fAmendedl
2. Section 180.1001 is amended by removing and reserving the text
of paragraph (b) (1) .
3. Section 180.1021 is revised to read as follows:
Sec. 180.1021 Copper; exemption from the requirement of a tolerance.
(a) Copper is exempted from the requirement of a tolerance in meat,
milk, poultry, eggs, fish, shellfish, and irrigated crops when it
results from the use of:
(1) Copper sulfate as an algicide or herbicide in irrigation
conveyance systems and lakes, ponds, reservoirs, or bodies of water in
which fish or shellfish are cultivated.
(2) Basic copper carbonate (malachite) as an algicide or herbicide
in impounded and stagnant bodies of water
(3) Copper triethanolamine and copper monoethanolamine as an
algicide or herbicide in fish hatcheries, lakes, ponds, and reservoirs
(4) Cuprous oxide bearing antifouling coatings for control of algae
or other coatings for control of algae or other organisms on submerged
concrete or other (irrigation) structures.
(b) The following copper compounds are exempt from the requirement
of a tolerance when applied (primarily) as a fungicide to growing crops
using good agricultural practices: Bordeaux mixture, basic copper
carbonate (malachite) (CAS Reg. No. 1184-64-1) , copper ethylenediamine
complex, copper hydroxide (CAS Reg. No. 20427-59-2) , copper lime
mixtures, copper linoleate (CAS Reg. No. 7721-15-5) , copper octanoate
(CAS Reg. No. 20543-04-8) , copper oleate (CAS Reg. No. 10402-16-1) ,
copper oxychloride (CAS Reg. No. 1332-40-7) , copper sulfate basic (CAS
Reg. No. 1344-73-6) , cupric oxide (CAS Req. No. 1317-38-0) , and cuprous
oxide (CAS Reg. No. 1317-19-1) .
(c) Copper sulfate pentahydrate (CAS Reg. No. 7758-99-8) is exempt
from the requirement of a tolerance when applied as a fungicide to
growing crops or to raw agricultural commodities after harvest.
(FR Doc. 00-28715 Filed 11-14-00; 8:45 am]
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