MEMORANDUM SUBJECT: Bentazon. List A Reregistration Case No. 0182, Chemical No. 103901. Product and Residue Chemistry Chapters for the Reregistration Eligibility Decision Document ( RED). CBRS No. 11440; DP BARCODE D188712.

FROM: Paula A. Deschamp, Section Head Reregistration Section I Chemistry Branch II: Reregistration Support Health Effects Division ( 7509C)

THRU: Edward Zager, Chief Chemistry Branch II: Reregistration Support Health Effects Division ( 7509C)

TO: Lois Rossi, Chief Reregistration Branch Special Review and Reregistration Division ( 7508W)

and Esther Saito, Chief Chemical Coordination Branch Health Effects Division ( 7509C)

Attached are the Product and Residue Chemistry Chapters for the Bentazon RED. This information was compiled by Dynamac Corporation under supervision of CBRS, HED. These chapters have undergone secondary review in CBRS and have been revised to reflect Branch policies.

All product chemistry data ( received by CBRS through 1/ 25/ 94) submitted in support of the reregistration of bentazon manufacturing use products have been reviewed. Provided that the registrant submits the data required in the attached data summary tables and either certifies that the suppliers of starting materials and the manufacturing processes for the bentazon sodium salt products have not changed since the last comprehensive product chemistry review or submits a complete updated product chemistry data package, CBRS has no objections to the reregistration of bentazon with respect to product chemistry data.

All residue chemistry data ( received by CBRS through 1/ 25/ 94) submissions in support of the reregistration of bentazon have been reviewed. Although additional data on storage stability have been required, CBRS believes the existing data base constitutes a substantially complete data base 2 sufficient to assess dietary exposure and reassess existing tolerances. Magnitude of the residue data on bean vines, dried peas, pea hay, soybean forage, and soybean hay indicate that the existing tolerances for residues of bentazon in/ on these commodities are inadequate to cover the currently registered use. Provided that the registrant proposes appropriate tolerance increases for these commodities, CBRS has no objection to the reregistration of bentazon.

A confined rotational crop study required under the 8/ 29/ 90 Bentazon DCI is currently under review ( D196299, MRID 42361901). Conclusions regarding the adequacy of these data to fulfill GLN 165 1 requirements will be addressed in an addendum to this RED Chapter.

Attachments: Product and Residue Chemistry Chapters for the Bentazon Reregistration Eligibility Document ( RED). CBRS No. 11440; DP BARCODE D188712.

cc: PADeschamp ( CBRS), Circulate, Bentazon RegStd File, SF, Dynamac Corporation, Eric Feris ( RB/ SRRD), Charles Frick and Flora Chow ( CCB/ HED). cc: RF ( Without attachment) Electronic Media: F:\ USER\ CB\ REDS\ Bentazon. RED 7509C: CBRS: PDeschamp: CM# 2: Rm804A: 703 305 6227: 01/ 26/ 94 RDI: MMetzger: 01/ 31/ 94 BENTAZON REREGISTRATION ELIGIBILITY DOCUMENT:

PRODUCT CHEMISTRY CONSIDERATIONS ( Shaughnessy No. 103901; Case No. 0182)

( CBRS No. 11440; DP Barcode D188712)

TASK 2A DESCRIPTION OF CHEMICAL Bentazon ( 3( 1 methylethyl) 1H 2,1,3 benzothiadiazin 4( 3H) one 2,2 dioxide) is a selective herbicide used post emergence on broadleaf weeds and sedges. Bentazon is formulated and used as the sodium salt alone or in combination with atrazine.

Empirical Formula: C10H12N2O3S Molecular Weight: 240.3 CAS Registry No.: 50723 80 3 Shaughnessy No.: 103901 bentazon sodium salt ( 275200 bentazon)

IDENTIFICATION OF ACTIVE INGREDIENT Technical grade bentazon is a colorless to white solid with a melting point of 137 139 C and a vapor pressure of < 1 x 10 7 mm Hg at 20 C. The solubility ( g/ 100 g solvent, 20 C) of bentazon is 0.05 in water, 150.7 in acetone, 3.3 in benzene, 18.0 in chloroform, 86.1 in ethanol, 61.6 in ethyl acetate, 0.02 in cyclohexane, and 2.7 in olive oil. The bentazon sodium salt is more soluble in water ( 230 g/ 100 g).

MANUFACTURING USE PRODUCTS A search of the Reference Files System ( REFS) conducted 7/ 27/ 93 identified two registered bentazon sodium salt manufacturing use products ( MPs), a 60% formulation intermediate ( FI; EPA Reg. No. 7969 42) and a 53% FI ( EPA Reg. No. 7969 84). Both are registered to BASF Wyandotte Corporation. The sodium salt FIs are manufactured by an integrated system. We note that REFS identifies EPA Reg. No. 7969 42 as a 60% formulation, while the Bentazon Reregistration Standard dated 7/ 26/ 84 and the Reregistration Standard Update dated 3/ 19/ 90 refer to the product as a 46% formulation. In addition, REFS identifies EPA Reg. No. 7969 84 as a 53% formulation, while the Reregistration Standard Update refers to the product as a 53.25% formulation. Throughout this document the products will be identified as 2 the 46% and 53% FIs, respectively. Only the two BASF MPs are subject to a reregistration eligibility decision.

REGULATORY BACKGROUND The regulatory background for bentazon products in terms of comprehensive product chemistry reviews is presented below. The Bentazon Guidance Document dated 9/ 85 required data concerning the 46% FI manufactured by the " original" manufacturing process. Shortly following the release of the Guidance Document, BASF submitted data concerning a different manufacturing process, the AIPAM process. Although data for both the " original" and AIPAM manufacturing processes have been submitted in support of the 46% FI, CBRS notes that, according to a CSF dated 10/ 20/ 86 which lists different impurities for the different manufacturing processes, the 46% FI does not have a " single, defined composition" as required in 40 CFR § 152.43( a). The registrant must seek either registration of a basic and alternate formulation for the 46% sodium salt FI or separate registration for the products produced by the distinct manufacturing processes. The 53% FI, which is produced exclusively by the AIPAM process, was not registered at the time of the Reregistration Standard, and therefore was not addressed in the Reregistration Standard or the Reregistration Standard Update.

September 1985 Guidance Document March 1990 Update Products Data required Data submitted in response Data required Data submitted in response Bentazon TGAI a 61 2,  3 62 1 63 7,  10,  11,  12 61 2,  3 62 1 63 7,  10,  11,  12,  13 61 2,  3 62 1 None 46% FI sodium salt a 61 1,  2,  3 62 1,  2,  3 63 7,  12,  14,  16,  20 61 1,  2,  3 62 1,  2,  3 63 16,  20 61 1,  2,  3 62 3 63 2,  3,  4,  7,  12,  14,  15,  17,  18,  19 None 53% FI sodium salt none; not registered until 1986 N/ A b N/ A 61, 62, 63 series submitted in support of reregistration a Except for the data requirements listed for the Guidance Document, data requirements and submissions pertain to both the " original" and AIPAM manufacturing processes.

b N/ A = not applicable The current status of the product chemistry data requirements for the BASF bentazon TGAI and bentazon sodium salt products are presented in the attached data summary tables. Please refer to these tables for a listing of the outstanding product chemistry data requirements. 3 CONCLUSIONS The registrant must seek either registration of a basic and alternate formulation for the 46% sodium salt FI or separate registration for two products as produced by the distinct manufacturing processes. Provided that the registrant submits the data required in the attached data summary tables for the 46% FI ( EPA Reg. No. 7969 42) and 53% FI ( EPA Reg. No. 7969 84) and either certifies that the suppliers of starting materials and the manufacturing processes for the bentazon sodium salt products have not changed since the last comprehensive product chemistry review or submits a complete updated product chemistry data package, CBRS has no objections to the reregistration of bentazon with respect to product chemistry data requirements.

AGENCY MEMORANDA CITED IN THIS DOCUMENT CBRS No( s).: 491 Subject: EPA Registration No. 7969 42. ( RCB No. 491). Bentazon, Sodium Salt. Product Chemistry Data dated March 1985 and July 2, 1985 for Reregistration. From: N. Dodd To: A. Rispin and R. Taylor Dated: 4/ 29/ 86 MRID( s): 00148848 CBRS No( s).: 1717 Subject: BASF Corporation Response to the Product Chemistry Chapter Bentazon Registration Standard. From: G. P. Makhijani To: R. Taylor and A. Rispin Dated: 2/ 5/ 87 MRID( s): 00155470, 00157712, 00164085, 00165273, and 00165274 CBRS No( s).: 2275 Subject: BASF Corporation Response to Bentazon Registration Standard. From: G. P. Makhijani To: R. Taylor and A. Rispin Dated: 7/ 10/ 87 MRID( s): 40051601 CBRS No( s).: 10123 DP Barcode No: D179481 Subject: Reregistration of Bentazon. Product Chemistry. Generic and Product Specific Data Requirements From: P. Deschamp To: E. Feris Dated: 8/ 3/ 93 MRID( s): 40549001, 40549002, and 40549003 PRODUCT CHEMISTRY CITATIONS References ( cited):

00051878 ( 1973) Physical and Chemical Properties of Basagran. Unpublished study including published data, submitted by BASF Wyandotte Corporation. 4 00064303 ( 1973) Chemical Names, Structures, Properties of Bentazon and Basagran. Reports by various sources; unpublished study, including published data, submitted by BASF Wyandotte Corporation.

00079081 ( 1973) Basagran ® : Experimental Herbicide. Rev. Parsippany, N. J.: BASF. Technical data sheet; also unpublished submitted by BASF Wyandotte Corporation.

00106223 ( 1972) Chemistry of Bentazon. Unpublished study submitted by BASF Wyandotte Chemical Corporation.

00148848 ( 1985) Basagran Manufacturers' Concentrate... Updated Product Chemistry Information. Unpublished compilation submitted by BASF Wyandotte Corporation. 87 p.

00155470 ( 1985) 90 Day Response to Registration Notice of 9/ 27/ 85 for Sodium Bentazon. Unpublished compilation submitted by BASF Wyandotte Corporation. 67 p.

00157712 ( 1986) 6 Month Response to Reregistration Notice of 9/ 27/ 85 for Sodium Bentazon: EPA Case No. 182: Product Chemistry. Unpublished compilation submitted by BASF Wyandotte Corporation. 160 p.

00164085 Liesner, M. ( 1986) Method of Analysis  Two Reports: Product Chemistry: Analytical Methods: Bentazon and Basagran. Unpublished study prepared by BASF Analytical Laboratory. 23 p.

00165273 ( 1986) Bentazon Revision of Product Chemistry Response to PM 25 Letter Dated 6/ 16/ 86: Product Identity and Composition. Unpublished compilation submitted by BASF Wyandotte Corporation. 97 p.

00165274 ( 1986) Bentazon Revision of Product Chemistry Response to PM 25 Letter Dated 6/ 16/ 86: Analysis and Certification of Product Ingredients. Unpublished compilation submitted by BASF Wyandotte Corporation. 58 p.

40051601 Fassler, H. ( 1973) Corrosion Tests in Sodium Bentazon. Unpublished study prepared by BASF Corp., Material Engineering, Engineering and Logistics Laboratory. 14 p.

40391301 Nelsen, T. ( 1987) The Determination of Water, Sodium, Chloride, Phosphate, Sulfate and Organic Impurities in Technical Bentazon and Bentazon Sodium 550 g/ l: Doc. # BASF 87/ 5066. Unpublished study prepared by BASF Analytical Laboratory. 44 p.

40549001 Nelsen, T. ( 1988) Data Concerning the Product Identity and Composition of Basagran Manufacturers Concentrate 600 g/ l: Reg. Doc. # BASF 88/ 5011. Unpublished study prepared by BASF Agricultural Research Station. 12 p.

40549002 Nelsen, T. ( 1988) The Analysis and Certification of Limits of Basagran Manufacturers Concentrate 600 g/ l: Reg. Doc. # BASF 88/ 5009. Unpublished study prepared by BASF Agricultural Research Station. 16 p.

40549003 Nelsen, T. ( 1988) Data Concerning the Physical and Chemical Characteristics of Basagran Manufacturers Concentrate 600 g/ l: Reg. Doc. # BASF 88/ 5010. Unpublished study prepared by BASF Agricultural Research Station. 27 p. 5 Case No. 0182 Chemical No. 103901 Case Name: Bentazon Registrant: BASF Corporation Product( s): Bentazon TGAI manufactured by the " original" process PRODUCT CHEMISTRY DATA SUMMARY Guideline Number Requirement Are Data Requirements Fulfilled? a MRID Number b 61 1 Product Identity and Disclosure of Ingredients N/ A c 61 2 Starting Materials and Manufacturing Process N d 00157712 61 3 Discussion of Formation of Impurities Y 00157712 62 1 Preliminary Analysis Y 00165274 62 2 Certification of Ingredient Limits N/ A c 62 3 Analytical Methods to Verify the Certified Limits N/ A c 63 2 Color Y 00051878, 00064303, 00079081, 00106223 63 3 Physical State Y 00051878, 00064303, 00079081, 00106223 63 4 Odor Y 00051878, 00064303, 00079081, 00106223 63 5 Melting Point Y 00051878, 00064303, 00079081, 00106223 63 6 Boiling Point N/ A 63 7 Density, Bulk Density or Specific Gravity Y 00157712 63 8 Solubility Y 00051878, 00064303, 00079081, 00106223 63 9 Vapor Pressure Y 00051878, 00064303, 00106223 63 10 Dissociation Constant Y 00155470 63 11 Octanol/ Water Partition Coefficient Y 00157712 63 12 pH Y 00155470 63 13 Stability Y 00051878, 00064303, 00106223 a Y = Yes; N = No; N/ A = Not Applicable. 6 b Bolded references were reviewed in the Bentazon Reregistration Standard dated 7/ 26/ 84; unbolded references were reviewed under CBRS No. 1717, dated 2/ 5/ 87, by G. Makhijani.

c Data are not required for the TGAI.

d These data do not fully satisfy the requirements of 40 CFR § 158.160 and § 158.162 ( Guideline Reference No. 61 2) regarding the starting materials and manufacturing process because the relative amounts of the starting materials, the duration of the reaction steps, a complete description of the physical conditions ( pH, temperature, pressure), and a description of quality control procedures are required to complete the original submission. 7 Case No. 0182 Chemical No. 103901 Case Name: Bentazon Registrant: BASF Corporation Product( s): Bentazon TGAI manufactured by the AIPAM process PRODUCT CHEMISTRY DATA SUMMARY Guideline Number Requirement Are Data Requirements Fulfilled? a MRID Number b 61 1 Product Identity and Disclosure of Ingredients N/ A c 61 2 Starting Materials and Manufacturing Process N d 00157712 61 3 Discussion of Formation of Impurities Y 00157712 62 1 Preliminary Analysis Y 00165274 62 2 Certification of Ingredient Limits N/ A c 62 3 Analytical Methods to Verify the Certified Limits N/ A c 63 2 Color N 63 3 Physical State N 63 4 Odor N 63 5 Melting Point N 63 6 Boiling Point N/ A 63 7 Density, Bulk Density or Specific Gravity Y 40549003 63 8 Solubility N 63 9 Vapor Pressure Y 00051878, 00064303, 00106223 63 10 Dissociation Constant Y 00155470 63 11 Octanol/ Water Partition Coefficient Y 00157712 63 12 pH N 63 13 Stability N a Y = Yes; N = No; N/ A = Not Applicable.

b Bolded references were reviewed in the Bentazon Reregistration Standard dated 7/ 26/ 84; unbolded references were reviewed under CBRS No. 1717, dated 2/ 5/ 87, by G. Makhijani; underlined references were reviewed under CBRS No. 10123, dated 8/ 3/ 93, by P. Deschamp.

c Data are not required for the TGAI.

d These data do not fully satisfy the requirements of 40 CFR § 158.160 and § 158.162 ( Guideline Reference No. 61 2) regarding the starting materials and manufacturing process because the relative amounts of the starting materials, the duration of the reaction steps, and a description of quality control procedures are required to complete the original submission. 8 Case No. 0182 Chemical No. 103901 Case Name: Bentazon Registrant: BASF Corporation Product( s): 53% sodium salt FI ( EPA Reg. No. 7969 84); produced exclusively by the AIPAM process.

PRODUCT CHEMISTRY DATA SUMMARY Guideline Number Requirement Are Data Requirements Fulfilled? a MRID Number b 61 1 Product Identity and Disclosure of Ingredients Y 40549001, 40549002 61 2 Starting Materials and Manufacturing Process N c 40549001 61 3 Discussion of Formation of Impurities N d 40549001 62 1 Preliminary Analysis Y 40549002 62 2 Certification of Ingredient Limits N e 40549002 62 3 Analytical Methods to Verify the Certified Limits N f 40549002 63 2 Color N g 40549003 63 3 Physical State N g 40549003 63 4 Odor N g 40549003 63 5 Melting Point N h 63 6 Boiling Point N/ A 63 7 Density, Bulk Density or Specific Gravity Y 40549003 63 8 Solubility N h 63 9 Vapor Pressure Y 00051878, 00064303, 00106223 63 10 Dissociation Constant Y 00155470 63 11 Octanol/ Water Partition Coefficient Y 00157712 63 12 pH N i 63 13 Stability N h 63 14 Oxidizing or Reducing Action N j 63 15 Flammability N j 63 16 Explodability Y 40549003 63 17 Storage Stability Y 40549003 63 18 Viscosity Y 40549003 63 19 Miscibility N j 40549003 63 20 Corrosion Characteristics N j a Y = Yes; N = No; N/ A = Not Applicable.

b Bolded references were reviewed in the Bentazon Reregistration Standard dated 7/ 26/ 84; unbolded references were reviewed under CBRS No. 1717, dated 2/ 5/ 87, by G. Makhijani; underlined references were reviewed under CBRS No. 10123, dated 8/ 3/ 93, by P. Deschamp.

c These data do not fully satisfy the requirements of 40 CFR § 158.160 165 ( Guideline Reference No. 61 2) regarding the starting materials and manufacturing process because the registrant must submit: ( i) relative amounts of starting materials; ( ii) the duration of the reaction steps for the manufacturing process; and ( iii) descriptions of procedures used to assure consistent composition ( quality control) of the final product. 9 d These data do not fully satisfy the requirements of 40 CFR § 158.167 ( Guideline Reference No. 61 3) regarding discussion of the formation of impurities because a discussion of post production contamination and degradation of materials must be submitted.

e These data do not fully satisfy the requirements of 40 CFR § 158.175 ( Guideline Reference No. 62 2) regarding certified limits because a revised CSF, with the correct EPA Reg. No., must be submitted on EPA Form 8570 4 ( Rev. 12 90).

f These data do not fully satisfy the requirements of 40 CFR § 158.180 ( Guideline Reference No. 62 3) regarding enforcement analytical methods because validation data for the method used to determine bentazon per se must be submitted. The following additional information must also be submitted: ( i) a statement of the precision of the method pertaining to impurity 1.1.2; ( ii) validation data for the remainder of the impurities; and ( iii) a method for determination of a solvent used in the manufacturing process.

g Data requirements are satisfied for the MP; however, data are required for the bentazon TGAI manufactured by the AIPAM process.

h Data are required for the bentazon TGAI manufactured by the AIPAM process.

i Data are required for the bentazon TGAI manufactured by the AIPAM process and for the MP.

j Data are required for the specific MP. 10 Case No. 0182 Chemical No. 103901 Case Name: Bentazon Registrant: BASF Corporation Product( s): 46% sodium salt FI ( EPA Reg. No. 7969 42); produced by both the " original" and AIPAM processes.

PRODUCT CHEMISTRY DATA SUMMARY Guideline Number Requirement Are Data Requirements Fulfilled? a MRID Number b 61 1 Product Identity and Disclosure of Ingredients N c 00148848, 00165273 61 2 Starting Materials and Manufacturing Process N d 00148848, 00165273 61 3 Discussion of Formation of Impurities N e 00148848, 00165273 62 1 Preliminary Analysis Y 00148848, 00165274 f 62 2 Certification of Ingredient Limits N g 00148848, 00165273 62 3 Analytical Methods to Verify the Certified Limits N h 00148848, 00164085, 00165274 f, 40391301 i 63 2 Color N j 63 3 Physical State N j 63 4 Odor N j 63 5 Melting Point N k 63 6 Boiling Point N/ A 63 7 Density, Bulk Density or Specific Gravity N l 63 8 Solubility N k 63 9 Vapor Pressure Y 00051878, 00064303, 00106223 63 10 Dissociation Constant Y 00155470 f 63 11 Octanol/ Water Partition Coefficient Y 00157712 f 63 12 pH N j 63 13 Stability N k 63 14 Oxidizing or Reducing Action N l 63 15 Flammability N l 63 16 Explodability Y 00157712 f 63 17 Storage Stability N 63 18 Viscosity N l 63 19 Miscibility N l 63 20 Corrosion Characteristics N m 40051601 n a Y = Yes; N = No; N/ A = Not Applicable.

b Bolded references were reviewed in the Bentazon Reregistration Standard dated 7/ 26/ 84; italicized references were originally reviewed under CBRS No. 1717, dated 2/ 5/ 87, by G. Makhijani and were re evaluated in the Bentazon Update dated 3/ 9/ 90; underlined references were reviewed under CBRS No. 491, dated 4/ 29/ 86, by N. Dodd; all other references are reviewed as noted.

c These data do not fully satisfy the requirements of 40 CFR § 158.155 ( Guideline Reference No. 61 1) regarding product identity because nominal concentrations must be reported for ingredients present at 11 concentrations   0.1%, and an impurity identified at a concentration   0.1% during preliminary analysis of the product manufactured by the " original" process must be added to the CSF.

d These data do not fully satisfy the requirements of 40 CFR § 158.160 165 ( Guideline Reference No. 61 2) regarding the starting materials and manufacturing process for both manufacturing processes, because the registrant must submit: ( i) relative amounts of starting materials; ( ii) the duration of the reaction steps for the manufacturing process; and ( iii) descriptions of procedures used to assure consistent composition ( quality control) of the final product. Furthermore, a complete description of the physical conditions ( pH, temperature, pressure, etc.) influencing the manufacture of the FI by the " original" process must be submitted. We also note that the CSF dated 10/ 20/ 86 lists impurities present in the product formed by the " original" process as well as those formed by the " AIPAM" process; thus, this product does not have a " single, defined composition" as required in 40 CFR § 152.43( a). The registrant must seek either registration of a basic and alternate formulation for the 46% sodium salt FI or separate registration for two products as produced by the distinct manufacturing processes.

e These data do not fully satisfy the requirements of 40 CFR § 158.167 ( Guideline Reference No. 61 3) regarding discussion of the formation of impurities because a discussion of post production contamination and degradation of materials in the product as produced by both manufacturing processes must be submitted.

f CBRS No. 1717, dated 2/ 5/ 87, by G. Makhijani.

g These data do not fully satisfy the requirements of 40 CFR § 158.175 ( Guideline Reference No. 62 2) regarding certified limits because new CSFs reflecting basic and alternate formulations or two separate registrations must be submitted for the product as produced by the different manufacturing processes.

h These data do not fully satisfy the requirements of 40 CFR § 158.180 ( Guideline Reference No. 62 3) regarding enforcement analytical methods because validation data for the method used to determine the active ingredient, bentazon, must be submitted. The following additional information must also be submitted for the product as manufactured by the AIPAM process: ( i) a statement of the precision of the method pertaining to the impurity 1.1.2; ( ii) validation data for the remainder of the impurities; and ( iii) a method for determination of a solvent used in the AIPAM manufacturing process.

i Bentazon Reregistration Standard Update dated 3/ 9/ 90.

j Data are required for the bentazon TGAI manufactured by the AIPAM process and the specific MP.

k Data are required for the bentazon TGAI manufactured by the AIPAM process.

l Data are required for the specific MP.

m Data are required on the MP manufactured by the " original" process.

n CBRS No. 2275, dated 7/ 10/ 87, by G. Makhijani. BENTAZON REREGISTRATION ELIGIBILITY DOCUMENT RESIDUE CHEMISTRY CONSIDERATIONS Shaughnessy No. 103901; Case 0182 ( CBRS No. 11440; DP Barcode D188712)

TASK 2B Table of Contents Page INTRODUCTION................................................................................................................................................ 1 REGULATORY BACKGROUND........................................................................................................................ 1 SUMMARY OF SCIENCE FINDINGS............................................................................................................... 2 GLN 171 3: Directions for Use............................................................................................................... 2 GLN 171 4 ( a): Plant Metabolism .......................................................................................................... 2 GLN 171 4 ( b): Animal Metabolism ...................................................................................................... 2 GLN 171 4 ( c) and ( d): Residue Analytical Methods  Plants and Animals......................................... 3 GLN 171 4 ( e): Storage Stability ............................................................................................................ 3 GLN 171 4 ( k): Magnitude of the Residue in Plants ............................................................................. 4 GLN 171 4 ( l): Magnitude of the Residue in Processed Food/ Feed..................................................... 4 GLN 171 4 ( j): Magnitude of the Residue in Meat, Milk, Poultry and Eggs ........................................ 4 GLNs 165 1 and 165 2: Confined/ Field Rotational Crops.................................................................... 4 Table A. Registered uses of bentazon for BASF Corporation......................................................... 5 Table B. Residue chemistry science assessments for reregistration of bentazon ........................ 10 TOLERANCE REASSESSMENT SUMMARY................................................................................................... 16 Tolerances Listed Under 40 CFR § 180.355( a) ...................................................................................... 16 Tolerances Listed Under 40 CFR § 180.355( b) ...................................................................................... 16 Tolerances Listed Under 40 CFR § 186.375 ........................................................................................... 16 Table C. Tolerance Reassessment Summary.................................................................................. 17 CODEX HARMONIZATION ............................................................................................................................. 18 AGENCY MEMORANDA CITED IN THIS DOCUMENT................................................................................. 19 BENTAZON REREGISTRATION ELIGIBILITY DOCUMENT RESIDUE CHEMISTRY CONSIDERATIONS Shaughnessy No. 103901; Case 0182 INTRODUCTION Bentazon [ 3 isopropyl 1H 2,1,3 benzothiadiazin 4( 3H) one 2,2 dioxide, sodium salt] is an herbicide registered for selective postemergence control of weeds in variety of food and feed crops; refer to Table A for a comprehensive list of use sites. Bentazon is typically applied as a postemergence broadcast spray to target weeds. [ Source: LUIS General Chemical Report for Bentazon, 2/ 3/ 93).

REGULATORY BACKGROUND Tolerances for residues of bentazon in/ on raw and processed agricultural food/ feed commodities are currently expressed in terms of the combined residues of bentazon and its 6 and 8 hydroxy metabolites [ Source: 40 CFR § 180.355( a) and 40 CFR § 186.375]. These tolerances are set at 0.05 4 ppm. [ NOTE: Tolerances for residues of bentazon in/ on dried beans, sweet corn, corn grain, peanuts, chili peppers, rice grain, sorghum grain, sorghum fodder, and soybeans are established at 0.05 ppm, the individual detection limits for bentazon and its 6 and 8 hydroxy metabolites.] Tolerances for food items derived from animals are expressed in terms of the combined residues of bentazon and AIBA [ Source: 40 CFR § 180.355( b)]. The chemical structures of bentazon and its metabolites of concern are presented in Figure A. Adequate enforcement methods are available for the determination of these regulated compounds in/ on plant and animal commodities.

Figure A. Chemical structures of bentazon metabolites presently included in the tolerance expressions.

6 hydroxy bentazon: 6 hydroxy 3 isopropyl 1H 2,1,3 benzothiadizi n 4( 3H ) one 2,2 dioxide 8 hydroxy bentazon: 8 hydroxy 3 isopropyl 1H 2,1,3 benzothiadizin 4( 3H) one 2,2 dioxide AIBA: 2 amino Nisopropyl benzamide The Reregistration Standard Guidance Document for bentazon was issued 9/ 85. The Bentazon Residue Chemistry Reregistration Standard Update was completed on 3/ 19/ 90. The information contained in this document outlines the Residue Chemistry Science Assessments with respect to the reregistration of bentazon.

SUMMARY OF SCIENCE FINDINGS GLN 171 3: Directions for Use: A REFS search conducted 7/ 27/ 93 indicated that there are seven end use bentazon products registered to BASF Corporation for use on food/ feed crops as follows:

4.0 lb/ gal SC/ L ( EPA Reg. No. 7969 45, 1/ 29/ 93 and SLNs NC810023 and WA900012) 3.3 lb/ gal SC/ L ( EPA Reg. No. 7969 78, 1/ 15/ 90) 3.0 lb/ gal SC/ L ( EPA Reg. No. 7969 77, 6/ 24/ 93) 2.66 lb/ gal SC/ L ( EPA Reg. Nos. 7969 82, 4/ 19/ 93 and 7969 83, dated 1/ 29/ 93) 2.67 lb/ gal SC/ L ( EPA Reg. No. 7969 76, 5/ 18/ 93) 1.66 lb/ gal FlC ( EPA Reg. No. 7969 54, 1/ 29/ 93) 2.5 lb/ gal FlC ( EPA Reg. No. 7969 100, 6/ 23/ 93)

A comprehensive summary of the registered use patterns of bentazon, based on these product labels, is presented in Table A. The conclusions regarding the reregistration eligibility of bentazon on the crops listed in Table A are based on the use patterns registered by the basic producer, BASF Corporation. When end use product DCIs are developed ( e. g. at issuance of the RED), RD should require that all end use product labels ( e. g. MAI labels, SLNs, and products subject to the generic data exemption) be amended such that they are consistent with the basic producer labels.

Label amendments to specify a 40 day PHI must be proposed for all products registered for use on peas.

GLN 171 4 ( a): Plant Metabolism: The qualitative nature of the residue in plants is adequately understood. Studies with a variety of plants including beans ( dry and succulent), corn, soybeans ( seeds, forage, and hay), rice ( grain and straw), and wheat indicate that bentazon is readily absorbed from foliage, roots, and seeds. Translocation throughout rice and wheat plants is extensive; limited translocation in navy beans and soybeans occurs. Bentazon is rapidly metabolized, conjugated, and incorporated into natural plant constituents. Metabolism involves the hydroxylation of bentazon at the 6 and 8 position and subsequent conjugation with carbohydrates or fragmentation and incorporation into natural constituents such as lignin, proteins, and polysaccharide fractions ( starch, pectin, hemicellulose, and cellulose). The terminal residues of concern are bentazon, 6 hydroxy bentazon, and 8 hydroxy bentazon.

GLN 171 4 ( b): Animal Metabolism: The qualitative nature of the residue in animals is adequately understood. Studies involving dairy cows dosed with [ U 14C] bentazon, [ 14C] 8 hydroxy bentazon, and [ 14C] 6 hydroxy bentazon at 1 ppm ( 0.5x), 5 ppm ( 2.5x), and 20 ppm ( 10x) in the diet for a maximum of 28 days demonstrated that bentazon is absorbed and rapidly eliminated in the urine after oral dosing. Bentazon and 2 amino N isopropyl benzamide ( AIBA) accounted for the majority of the terminal residues in tissues and milk. Studies involving laying hens dosed with [ U 14C] bentazon at 100 ppm ( 2000x) in the diet for 5 days demonstrated that limited accumulation and metabolism occurs; > 80% of the TRR in tissues and eggs was identified as unchanged bentazon; 16% of the TRR in liver consisted of N glucuronide conjugate of bentazon. Dosing at this highly exaggerated rate yielded the highest total radioactivity ( 1.632 ppm) in liver. The presence of detectable residues of bentazon in poultry tissues and eggs from a 1x feeding level is unlikely. The terminal residues to be regulated in animal tissues, eggs, and milk consist of bentazon and its metabolite AIBA. The current tolerances and tolerance expression adequately cover these residues in animal commodities. 3 GLN 171 4 ( c) and ( d): Residue Analytical Methods  Plants and Animals: Adequate enforcement methods are available for the determination of residues of bentazon and its 6 and 8 hydroxy metabolites in/ on plant commodities and for the determination of bentazon and AIBA in animal commodities. The Pesticide Analytical Manual ( PAM) Vol. II lists Method II, a GLC method with flame photometric detection for the determination of bentazon and its hydroxy metabolites in/ on corn, rice, and soybeans; the limit of detection for each compound is 0.05 ppm. Method I, a GLC method with nitrogen specific Coulson conductivity detection, is available for the determination of residues of bentazon and AIBA in animal tissues, eggs, and milk; the limit of detection for each compound is 0.05 ppm in tissues and eggs and 0.02 ppm in milk. Method III, modified from Method II, is available for the determination of bentazon and its hydroxy metabolites in/ on peanuts and seed and pod vegetables with a limit of detection of 0.05 ppm for each compound.

Radiolabeled validation of the current tolerance enforcement method ( PAM Vol. II, Section 180.355, Method II) by analysis of methanol soluble fractions of soybean forage samples from the soybean metabolism study indicates that methanol soluble residues of bentazon and its hydroxy metabolites are adequately recovered by this method.

Residue data submitted in response to the Guidance Document and in support of petitions for the establishment of new tolerances were collected using modifications of the available PAM Vol. II methods. CBRS has concluded that these modified methods, along with the methods listed in PAM Vol. II, are adequate for bentazon data collection and tolerance enforcement.

The FDA PESTDATA database dated August 1993 ( PAM Vol. I, Appendix II) does not contain data concerning the applicability of FDA multiresidue methods for recovery of bentazon, and its hydroxymetabolites Data depicting the recovery of bentazon, 6 hydroxy bentazon, and 8 hydroxy bentazon, through the multiresidue methods remain outstanding.

GLN 171 4 ( e): Storage Stability: Storage stability studies have been conducted using samples of rice grain, rice straw, snapbean vines, snapbean cannery waste, soybeans, soybean forage, corn forage, peanut forage, flax seed, flax straw and flax meal. These data indicate that residues of bentazon, 8 OH bentazon, and 6 OH bentazon are relatively stable in these matrices for up to two years of frozen storage ( 5 to  27 ± C). Thus, by translation, representative storage stability data are available for samples of oil seeds, non oily grains, legume vegetables ( dried and succulent), and low moisture content forages/ hays stored under conditions and intervals of those samples from residue field trials used to reassess existing tolerances. Additional storage stability data are needed to validate processing studies ( corn, peanuts, rice, and soybeans) for which data are either lacking or incomplete. Storage stability data for processed items reflecting up to 14 months of frozen storage are needed to support these processing studies. These data are considered confirmatory to the existing evidence that residues of bentazon, 6 OH bentazon, and 8 OHbentazon are relatively stable in unprocessed frozen plant matrices.

No storage stability data for animal commodities are available; these data are outstanding and are considered confirmatory. Data are required reflecting the storage stability of bentazon and AIBA in cattle and poultry tissues, milk, and eggs. Storage intervals and conditions must reflect the existing cattle metabolism/ feeding study ( MRID 00039849), the existing poultry metabolism/ feeding study ( MRID 00039856), and the existing poultry metabolism study ( MRID 41089101). Because available storage stability data for plant commodities indicate that residues are generally stable, CBRS considers the available information sufficient to support the cattle and poultry metabolism/ feeding studies. The additional data are required to confirm the conclusions that the existing animal commodity tolerances are adequate.

GLN 171 4 ( k): Magnitude of the Residue in Plants: All data submitted in response to reregistration requirements pertaining to the magnitude of the residue in plants have been evaluated and deemed adequate. Field trials were typically conducted according to the parameters of registered use patterns. The geographical representation for each commodity is generally adequate and a sufficient number of trials reflecting representative formulation classes were conducted. The existing 3 ppm tolerances for residues of 4 bentazon in/ on bean forage, pea vine hay, soybean forage, and soybean hay are inadequate to cover the currently registered use; tolerances of 10 ppm for " beans, vines", 8 ppm for pea vine hay, 8 ppm for soybean forage, and 8 ppm for soybean hay would be adequate to cover the expected residues resulting from the currently registered use pattern. The existing 0.05 ppm for dried peas is inadequate to cover the currently registered use; a tolerance of 1 ppm would be adequate to cover the expected residues resulting from the currently registered use pattern.

GLN 171 4 ( l): Magnitude of the Residue in Processed Food/ Feed: Processing studies have been conducted on the following RACs: field corn, peanuts, rice grain, mint, soybeans, and snapbeans ( forage/ cannery waste). Data on the potential for residue concentration in grain sorghum processed products have not been required. All data submitted in response to reregistration requirements for magnitude of the residue in processed food/ feed have been evaluated and deemed adequate, pending submission of acceptable storage stability data on processed food/ feed items. Residue concentration was observed in snapbean cannery waste, spent mint hay, and rice hulls. A 4 ppm feed additive tolerance for residues in spent mint hay has been established; a feed additive tolerance of 0.25 ppm must be proposed for residues of bentazon in rice hulls.

GLN 171 4 ( j): Magnitude of the Residue in Meat, Milk, Poultry and Eggs: The ruminant metabolism studies in which lactating dairy cows received [ U 14C] bentazon at 1 ppm ( 0.25x), 5 ppm ( 2.5x), and 20 ppm ( 10x) in the diet for a maximum of 28 days provide data to reassess the adequacy of the existing 0.02 ppm tolerance for the combined residues of bentazon and AIBA in milk and the 0.05 ppm tolerances for the combined residues of bentazon and AIBA in fat, meat byproducts and meat of cattle, goats, hogs, and sheep. The poultry metabolism studies in which laying hens received [ U 14C] bentazon at 100 ppm ( 2000x) in the diet for 5 days provide data to reassess the adequacy of the existing 0.05 ppm tolerances for the combined residues of bentazon and AIBA in eggs and the fat, meat byproducts and meat of poultry. The storage stability data to support these studies are outstanding. Because existing data provide preliminary evidence of stability of the residues, CBRS considers the available information adequate to conclude that the established tolerances on livestock commodities are appropriate.

GLNs 165 1 and 165 2: Confined/ Field Rotational Crops: Data pertaining to confined rotational crop studies are currently under review by CBRS ( D196299; MRID 42963701) and will be presented as an addendum to this RED Chapter. ( continued; footnotes follow)

Table A. Registered uses of bentazon for BASF Corporation. 1 Crop Formulation Maximum Single Application Rate ( lb ai/ A) Maximum Seasonal Rate ( lb ai/ A) PHI/ PGI 2 ( Days) Use Limitation Alfalfa ( seed crop) 3 4 lb/ gal SC/ L 1.0 Use limited to WA ( WA900012) for broadcast postemergence application using ground or aerial equipment with an oil concentrate. The use of any portion of the treated field, including forage, hay, seed, or seed screenings for human or animal feed is prohibited.

The use of treated alfalfa for sprouting is prohibited. No PHI or maximum seasonal rate has been established.

Beans ( dry and succulent) 4 lb/ gal SC/ L 1.5 2.0 30 PHI Broadcast postemergence application limited to IL, IN,

KY, MI, and OH using ground or aerial equipment.

4 lb/ gal SC/ L 1.0 2.0 30 PHI Broadcast postemergence application using ground or aerial equipment. A second application may be made at a 7 to 14 day interval.

Corn ( field, pop, seed crop,

and sweet) 4 lb/ gal SC/ L 1.5 2.0 12 PGI Broadcast postemergence application using ground or aerial equipment.

4 lb/ gal SC/ L 0.75 0.75 21 PGI A single broadcast postemergence tank mix use with atrazine.

Corn ( field) 1.66 lb/ gal FlC 2.5 lb/ gal FlC 0.73 0.73 21 PGI A single broadcast postemergence application using ground or aerial equipment. Application may be made alone or as tank mix with other pesticides. Use in CA is prohibited.

Corn ( pop, seed crop, and sweet) 1.66 lb/ gal FlC 2.5 lb/ gal FlC 0.73 0.73 21 PGI A single broadcast postemergence application using ground or aerial equipment. Use in CA is prohibited.

Peanuts 4 lb/ gal SC/ L 1.5 2.0 50 PGI Broadcast postemergence application using ground or ( continued; footnotes follow)

Crop Formulation Maximum Single Application Rate ( lb ai/ A) Maximum Seasonal Rate ( lb ai/ A) PHI/ PGI 2 ( Days) Use Limitation aerial equipment. Application may be made alone or as a tank mix with other herbicides.

2.67 lb/ gal SC/ L 0.5 1.0 75 PHI Broadcast postemergence application using ground or aerial equipment. Use of treated plants for feed or forage is prohibited. Application may be made alone or as a tank mix with other herbicides.

Peas ( dried and succulent) 4 lb/ gal SC/ L 1.0 2.0 30 PHI Broadcast postemergence application using ground or aerial equipment. Application may be made alone or as a tank mix with other herbicides.

Peppermint 4 lb/ gal SC/ L 2.0 4.0 Broadcast postemergence application using ground or aerial equipment. A second application may be made at a 5 to 14 day interval. No PHI has been established.

Peppers, chili,

Bohemian 4 lb/ gal SC/ L 1.0 2.0 Use limited to NC ( NC810023) for a broadcast postemergence application using ground equipment. A second application may be made at a 7 to 10 day interval. No PHI has been established.

Rice 4 lb/ gal SC/ L 1.0 3.0 ( 2.0 lb ai/ A in first crop and 1.0 lb ai/ A in second ratoon crop) Broadcast postemergence application using ground or aerial equipment. The following are prohibited: ( i) use of ground equipment for applications of flooded fields; ( ii)

use on rice fields in which the commercial cultivation of catfish or crayfish is practiced; and ( iii) use in CA.

Application may be made alone or as a tank mix with other herbicides. No PHI has been established.

Rice ( continued) 3.3 lb/ gal SC/ L 1.0 3.0 ( 2.0 lb ai/ A in first crop and 1.0 lb ai/ A in second ratoon crop) Broadcast postemergence application using ground or aerial equipment. The following are prohibited: ( i) use of ground equipment for applications of flooded fields; and ( ii) use on rice fields in which the commercial cultivation of catfish or crayfish is practiced. Rice straw may be fed to livestock up to 7 days before slaughter. No PHI has ( continued; footnotes follow)

Crop Formulation Maximum Single Application Rate ( lb ai/ A) Maximum Seasonal Rate ( lb ai/ A) PHI/ PGI 2 ( Days) Use Limitation been established.

Sorghum 4 lb/ gal SC/ L 1.0 1.0 12 PGI A single broadcast postemergence application using ground or aerial equipment. Application to sorghum that is heading or blooming is prohibited. Application may be made alone or as tank mix with other pesticides.

1.66 lb/ gal FlC 2.5 lb/ gal FlC 0.73 0.73 21 PGI A single broadcast postemergence application using ground or aerial equipment. Application to sorghum that is heading or blooming is prohibited. Use in CA is prohibited.

Soybeans 4 lb/ gal SC/ L 1.5 2.0 30 PHI 30 PGI Broadcast postemergence application using ground or aerial equipment. Application may be made alone or as tank mix with other pesticides.

3.0 lb/ gal SC/ L 0.75 1.1 50 PHI Broadcast postemergence application using ground or aerial equipment. Application may be made alone or as tank mix with other pesticides. Use of treated plants for feed or forage is prohibited.

2.67 lb/ gal SC/ L 0.5 1.0 50 PHI Broadcast postemergence application using ground or aerial equipment. Use of treated plants for feed or forage is prohibited. Application may be made alone or as a tank mix with other herbicides.

Soybeans ( continued) 2.66 lb/ gal SC/ L 0.75 0.75 Use limited to DE, IL, IN, KS, KY, MA, MD, ME, MI, MN,

MO, NE, NH, NJ, NY, OH, PA, RI, VA, WI, and WV for a single broadcast postemergence application using ground or aerial equipment. Grazing of treated areas or harvesting for forage or hay is prohibited. Grazing of rotated small grain crops or harvesting for livestock forage or straw is prohibited. Maximum number of applications to any field is one every two years. ( continued; footnotes follow)

Crop Formulation Maximum Single Application Rate ( lb ai/ A) Maximum Seasonal Rate ( lb ai/ A) PHI/ PGI 2 ( Days) Use Limitation 2.66 lb/ gal SC/ L 0.5 0.5 Use limited to AL, AR, DE, GA, IA, IL, IN, KS, KY, LA,

MA, ME, MD, MI, MN, MO, MS, NC, NE, NH, NJ, NY,

OH, OK, PA, RI, SC, TN, TX, VA, VT, WV, and WI for a single broadcast postemergence application using ground or aerial equipment. Grazing of treated areas or harvesting for forage or hay is prohibited. Grazing of rotated small grain crops or harvesting for livestock forage or straw is prohibited. Maximum number of applications to any field in DE, IA, IL, IN, KS, KY, MA,

ME, MD, MI, MN, MO, NE, NH, NJ, NY, OH, PA, RI, VA,

VT, WI and WV is one every two years.

Spearmint 4 lb/ gal SC/ L 2.0 4.0 see " Peppermint."

1. These use directions were obtained from the following bentazon end use product labels registered to BASF Corporation: ( i) 4 lb/ gal SC/ L ( EPA Reg. No. 7969 45, dated 1/ 29/ 93 and SLNs NC810023 and WA810023); ( ii) 3.3 lb/ gal SC/ L ( EPA Reg. No. 7969 78, dated 1/ 15/ 90); ( iii) 3.0 lb/ gal SC/ L ( EPA Reg. No. 7969 77, dated 6/ 24/ 93); ( iv) 2.66 lb/ gal SC/ L ( EPA Reg. Nos. 7969 82, dated 4/ 19/ 93 and 7969 83, dated 1/ 29/ 93);

( v) 2.67 lb/ gal SC/ L ( EPA Reg. No. 7969 76, dated 5/ 18/ 93); ( vi) 1.66 lb/ gal FlC ( EPA Reg. No. 7969 54, dated 1/ 29/ 93); and ( vii) 2.5 lb/ gal FlC ( EPA Reg. No. 7969 100, dated 6/ 23/ 93).

2. PHI = Preharvest interval; PGI = Pregrazing interval.

3. Alfalfa grown for seed will be regulated as a non food use provided the restrictions and limitations stated above are enforced ( letter dated 2/ 4/ 88 from J. Akerman to M. Toohey in conjunction with WA810023). ( continued; footnotes follow) 9 Table B. Residue chemistry science assessments for reregistration of bentazon.

Data Requirements Tolerances, ppm [ 40 CFR] Must Additional Data Be Submitted? Referencesi GLN 171 3: Directions for Use Yesii N/ A GLN 171 4 ( a): Plant Metabolism No 00039278, 00039279, 00039280, 00039281, 00039282, 00039283, 00039284, 00039285, 00039656, 00039657, 00039659, 00039660, 00039661, 00039664, 00039665, 00039666, 00039667, 00039668, 00039669, 00039670, 00039671, 00039672, 00039852, 00040184, 00040188, 00040516, 00040517, 00040518, 00040519, 00051652, 00051653, 00051654, 00051655, 00051656, 00052050, 00052052, 00052055, 00084714, 00084715, 00106221, 00106230, 00108281, 40432801, 40432802, 41658101, iii 41779501, iv 417795034 GLN 171 4 ( b): Animal Metabolism No 00039848, 00039849, 00039850, 00039851, 00039853, 00039854, 00039855, 00039856, 00039857, 00039860, 00039861, 00039862, 00040110, 00040111, 00044781, 00044782, 00051652, 00063615, 00137904, 41089101, 41658101,3 41730101,4 417795024 GLN 171 4 ( c/ d): Residue Analytical Methods Yesv 00023509, 00039658, 00039851, 00040185, 00040186, 00040187, 00040517, 00040521, 00040522, 00040785, 00044782, 00051657, 00106263, 40051602 GLN 171 4 ( e): Storage Stability Yesvi 00039290, 00040189, ( continued; footnotes follow) 10 Data Requirements Tolerances, ppm [ 40 CFR] Must Additional Data Be Submitted? Referencesi 00040193, 42587004 42587009vii GLN 171 4 ( k): Magnitude of the Residue in Plants Legume Vegetables Group  Beans, dry 0.05 [ § 180.355( a)] No 00023507, 00040520, 00106243, 00106263  Beans, succulent ( except lima) 0.5 [ § 180.355( a)] No 00023507, 00026208, 00106243, 00106263, 41123101viii  Beans, lima 0.05 [ § 180.355( a)] No 00023507, 00040520, 00051911, 00106231, 00106263  Peas, dried 0.05 [ § 180.355( a)] Yesix 00051912, 41101702x  Peas, succulent 0.5 [ § 180.355( a)] No 00023507, 00040520, 00040521, 00051912, 00106243, 00106263  Soybeans 0.05 [ § 180.355( a)] Noxi 00023507, 00031796, 00040172, 00040173, 00040174, 00040176, 00040177, 00040178, 00040179, 00040180, 00040181, 00040182, 00040183, 00040184, 00040186, 00051658, 00079082, 00106228, 00106263, 4110170110 Foliage of Legume Vegetables  Beans, vines and hay 3 ( forage) 3 ( dry vine hay) [ § 180.355( a)] Yesxii 00040521, 00051911, 00051912, 00106231, 00106236, 00106243, 41123101?

 Peas, vines and hay 3 ( forage) 3 ( dry vine hay) [ § 180.355( a)] Yesxiii 00051912, 00106243, 4110170210  Soybeans, forage and hay 3 ( forage) 0.3 ( hay) [ § 180.355( a)] Yesxiv 00031796, 00040176, 00040183, 00051658, 00079082, 00106227, 00106228, 00106236, 4110170110 Fruiting Vegetables Group  Peppers, chili, Bohemian 0.05 [ § 180.355( a)] No 00106245 Cereal Grains Group ( continued; footnotes follow) 11 Data Requirements Tolerances, ppm [ 40 CFR] Must Additional Data Be Submitted? Referencesi  Corn, field, grain 0.05 [ § 180.355( a)] No 00023507, 00023508, 00023511, 00106251, 00106252, 00106254, 00106263, 00108303  Corn, pop, grain 0.05 [ § 180.355( a)] Noxv  Corn, sweet ( K + CWHR) 0.05 [ § 180.355( a)] No 00023511, 00040171, 00106238, 00106253  Rice, grain 0.05 [ § 180.355( a)] No 00040819, 00040820, 00040821, 00040822, 00040823, 00040824, 00040825, 00040828, 00040829, 00040830, 00040831, 00040832, 00040833, 00040834, 00052053, 00084711, 00106238  Sorghum, grain 0.05 [ § 180.355( a)] No 00126689 Forage, Fodder, and Straw of Cereal Grains Group  Corn, field, forage and fodder 3 ( forage) 3 ( fodder) [ § 180.355( a)] No 00023511, 00040171, 00106238, 00106251, 00106252, 00106253, 00106254, 00106263, 00108303  Corn, pop, forage and fodder 3 ( forage) 3 ( fodder) [ § 180.355( a)] Noxvi  Corn, sweet, forage 3 ( forage) [ § 180.355( a)] No 00106238  Rice, straw 3 [ § 180.355( a)] No 00040820, 00040821, 00040822, 00040823, 00040825, 00040827, 00040829, 00040831, 00040832, 00040833, 00040834, 00052053, 00106238  Sorghum, forage and fodder 0.20 ( forage) 0.05 ( fodder) [ § 180.355( a)] No 00126689 Miscellaneous Commodities  Peanuts 0.05 ( nutmeat) 3 ( vines) 3 ( hay) 0.3 ( hulls) No 00023507, 00023511, 00106237, 00106263 ( continued; footnotes follow) 12 Data Requirements Tolerances, ppm [ 40 CFR] Must Additional Data Be Submitted? Referencesi [ § 180.355( a)]

 Mint 1 [ § 180.355( a)] No 00023507, 00023511, 00106241, 00106263 GLN 171 4( l): Magnitude of the Residue in Processed Food/ Feed  Beans, succulent and dried No 411231018  Corn, field No 00023511, 00108303, 425870017  Mint 4 ( spent hay) [ § 186.375] No 00023507, 00023511, 00106241, 00106263  Peanuts No 00023511, 00106237  Rice, grain No 00040824, 00052053, 425870037  Sorghum, grain Noxvii  Soybeans No 00040177, 00051658, 425870027 GLN 171 4 ( j): Magnitude of the Residue in Meat, Milk, Poultry, and Eggs  Fat, meat, and meat byproducts of cattle, goats, hogs, and sheep 0.05 [ § 180.355( b)] No 00039849  Milk 0.02 [ § 180.355( b)] No 00039849  Eggs, and the fat, meat, and meat byproducts of poultry 0.05 [ § 180.355( b)] No 00039855, 00039856 GLN 165 1: Rotational Crops ( Confined) Yesxviii GLN 165 2: Rotational Crops ( Field) Yes18 Table B ( continued).

13 Table B ( continued).

14 15 TOLERANCE REASSESSMENT SUMMARY Tolerances Listed Under 40 CFR § 180.355( a):

The tolerances listed in 40 CFR § 180.355( a) are for the combined residues of bentazon and its 6 and 8 hydroxy metabolites.

Sufficient data are available to ascertain the adequacy of the established tolerances listed in 40 CFR § 180.355( a) for the following commodities: beans, dried; beans, succulent; beans, hay; corn, field and pop, grain; corn, field, pop, and sweet, forage; corn, field and pop, fodder; corn, sweet ( K+ CWHR); mint; peanuts; peanuts, hay; peanuts, hulls; peanuts, vines; peas, succulent; peas, vines; peppers, chili, Bohemian; rice, grain; rice, straw; sorghum, fodder; sorghum, forage; and sorghum, grain; see Table C for modifications in commodity definitions.

The available residue data indicate that the established tolerances for bean vines, dried peas, pea hay, soybean forage, and soybean hay are too low. Tolerance revisions must be proposed as follows: ( i) from 3 ppm to 10 ppm for bean vines; ( ii) from 0.05 ppm to 1 ppm for dried peas; ( iii) from 3 ppm to 8 ppm for pea hay and soybean forage; and ( iv) from 0.3 ppm to 8 ppm for soybean hay. Tolerance revisions have been proposed ( PP# 9F3782) for dry beans and dried peas ( from 0.05 ppm to 1 ppm), bean hay, bean vines, pea hay, pea vines, soybean forage ( from 3 ppm to 8 ppm), and soybean hay ( from 0.3 ppm to 8 ppm).

The established tolerance for succulent lima beans should be revoked since residues in/ on lima beans are covered under the tolerance for succulent beans.

The tolerance for Bohemian chili peppers is listed incorrectly as 0.5 ppm in 40 CFR § 180.355( a). The entry should be revised to reflect the correct tolerance of 0.05 ppm.

Bentazon is registered for alfalfa grown for seed. No tolerances are required for alfalfa grown for seed since label restrictions prohibit the use of treated plant for sprouting and the use any portion of the treated field including forage, hay, seed, or seed screenings for human or animal feed.

Tolerances Listed Under 40 CFR § 180.355( b):

The tolerances listed in 40 CFR § 180.355( b) are for food items derived from animals and are expressed in terms of the combined residues of bentazon and AIBA.

Sufficient data are available to ascertain the adequacy of the established tolerances listed in 40 CFR § 180.355( b) for milk and eggs and the fat, meat byproducts, and meat of cattle, goat, hogs, poultry, and sheep.

Tolerances Listed Under 40 CFR § 186.375:

The tolerance listed in 40 CFR § 186.375 is for the combined residues of bentazon and its 6 and 8 hydroxy metabolites. Sufficient data are available to ascertain the adequacy of the established feed additive tolerance listed in 40 CFR § 186.375 for mint, hay, spent; see Table C for the modification in the commodity definition.

A feed additive tolerance must be proposed for the combined residues of bentazon and its 6 and 8 hydroxy metabolites in rice hulls. ( continued) 16 Table C. Tolerance Reassessment Summary.

Commodity Current Tolerance ( ppm) Tolerance Reassessment ( ppm) Comment/ Correct Commodity Definition Tolerances listed under 40 CFR § 180.355( a)

Beans ( except soybeans), dried 0.05 0.05 Beans, dry Beans ( exc. soybeans), dried, vine hays 3 3 Beans, hay Beans ( exc. soybeans), forage 3 10 Established tolerance is too low/ Beans, vines Beans, lima ( succulent) 0.05 Revoke Covered under tolerance for beans, succulent Beans, succulent 0.5 0.5 Bohemian chili peppers 0.5 0.05 Tolerance is listed incorrectly in 40 CFR/ Peppers, chili, Bohemian Corn, fodder 3 3 Corn, field, fodder and Corn, pop, fodder Corn, forage 3 3 Corn, field, forage; Corn, pop, forage; and Corn, sweet, forage Corn, grain 0.05 0.05 Corn, field, grain; and Corn, pop, grain Corn, fresh ( inc. sweet K+ CWHR) 0.05 0.05 Corn, sweet ( K + CWHR)

Mint 1 1 Peanuts 0.05 0.05 Peanuts, hay 3 3 Peanuts, hulls 0.3 0.3 Peanuts, forage 3 3 Peanuts, vines Peas ( dried) 0.05 1 Established tolerance is too low/ Peas, dried Peas ( dried), vine hays 3 8 Established tolerance is too low/ Peas, hay Peas, forage 3 3 Peas, vines Peas, succulent 0.5 0.5 Rice 0.05 0.05 Rice, grain Rice, straw 3 3 Sorghum, fodder 0.05 0.05 Sorghum, forage 0.20 0.20 Sorghum, grain 0.05 0.05 Soybeans 0.05 0.05 Soybeans, forage 3 8 Soybeans, hay 0.3 8 ( continued) 17 Commodity Current Tolerance ( ppm) Tolerance Reassessment ( ppm) Comment/ Correct Commodity Definition Tolerances listed under 40 CFR § 180.355( b)

Cattle, fat 0.05 0.05 Cattle, mbyp 0.05 0.05 Cattle, meat 0.05 0.05 Eggs 0.05 0.05 Goats, fat 0.05 0.05 Goats, mbyp 0.05 0.05 Goats, meat 0.05 0.05 Hogs, fat 0.05 0.05 Hogs, mbyp 0.05 0.05 Hogs, meat 0.05 0.05 Milk 0.02 0.02 Poultry, fat 0.05 0.05 Poultry, mbyp 0.05 0.05 Poultry, meat 0.05 0.05 Sheep, fat 0.05 0.05 Sheep, mbyp 0.05 0.05 Sheep, meat 0.05 0.05 Tolerances listed under 40 CFR § 186.375 Spent mint hay 4 4 Mint, hay, spent Tolerances to be proposed Rice, hulls N/ A 0.25 CODEX HARMONIZATION No Codex MRLs for bentazon have been established. However, there are bentazon Codex proposals for several crops at Step 3 of the Codex procedure. The Codex definitions of the residue for plants and animals are the same as current U. S. definitions. For most of the proposed limits, there is compatibility with current U. S. tolerances. However, the proposed Codex MRL and U. S tolerance levels are incompatible for succulent beans and garden peas ( Codex, 0.2 ppm; U. S., 0.5 ppm), milk ( Codex, 0.05 ppm, the limit of detection; U. S., 0.02 ppm), and rice ( Codex, 0.1 ppm; U. S., 0.05 ppm). If these proposed Codex levels reach the CXL step, compatibility with U. S. tolerances may be achieved by increasing the U. S tolerances for milk and rice grain to 0.05 and 0.1 ppm, respectively, toxicological considerations permitting, and by reducing the established U. S. tolerances for succulent beans and peas from 0.5 ppm to 0.2 ppm; the available residue data would support these tolerance reductions. 18 AGENCY MEMORANDA CITED IN THIS DOCUMENT CBTS Nos.: 5840 and 5841 Subject: PP# 9F3782: Reg. No. 7969 45. Bentazon ( Basagran) Herbicide. Review of Analytical Method and Residue Data. Request for Higher Tolerances for Certain Raw Agricultural Commodities. From: S. Malak To: R. Taylor/ V. Walters and Toxicology Branch Dated: 9/ 14/ 90 MRID( s): 41101701, 41101702, and 41123101.

CBRS No.: 7254 Subject: BASF Corporation: Response to the Bentazon Reregistration Standard: Metabolism Information. From: R. Perfetti To: R. Engler and L. Rossi Dated: 3/ 21/ 91 MRID( s): 41658101.

CBRS No.: 7904 Subject: Reregistration of Bentazon. Magnitude of the Residue in Dry Peas and Soybeans. DP Barcode No.: D163697 From: P. Deschamp To: L. Rossi and E. Ferris Dated: 2/ 4/ 92 MRID( s): 41101701 and 41101702.

CBRS No.: 8822 Subject: Reregistration of Bentazon. Snap Bean Forage and Cannery Waste. DP Barcode No.: D170503 From: E. Zager To: L. Rossi/ E. Ferris Dated: 5/ 15/ 92 MRID( s): 41123101.

CBRS Nos.: 7682 and 7820 Subject: Reregistration of Bentazon. Case No. 0182. Chemical No. 103901. Soybean and Rice Plant Metabolism. Poultry Metabolism. DP Barcode Nos.: D160645 and D162587 From: P. Deschamp To: L. Rossi/ A. Ertman Dated: 9/ 25/ 92 MRID( s): 41730101, 41779501, 41779502, 41779503.

CBRS No.: 11157 Subject: Reregistration of Bentazon. Case No. 00182. Chemical No. 103901. Storage Stability Data. Field Corn Grain, Rice Grain, and Soybean Processed Commodities. From: P. Deschamp To: L. Rossi/ A. Ertman Dated: 11/ 24/ 93 MRID( s): 42587001 42587009 i. Bolded references were reviewed in the Update dated 3/ 19/ 90. Unbolded references were reviewed in the Residue Chemistry 19 Science Chapter of the Reregistration Standard dated 7/ 26/ 84. Otherwise, references were reviewed as noted.

ii. Label amendments to specify a 40 day PHI must be proposed for all products registered for use on peas.

iii. CBRS No. 7254, 3/ 21/ 91, R. Perfetti.

iv. CBRS Nos. 7682 and 7820, DP Barcodes D160645 and D162587, 9/ 25/ 92, P. Deschamp.

v. The FDA PESTDATA database dated August 1993 ( PAM Vol. I, Appendix II) does not contain data concerning the applicability of FDA multiresidue methods for recovery of bentazon, and its hydroxy metabolites. Data depicting the recovery of bentazon, 6 hydroxy bentazon, and 8 hydroxybentazon through multiresidue methods remain outstanding.

vi. Storage stability data for the processed commodities of corn, peanuts, rice, and soybeans, reflecting up to 14 months of frozen storage, must be submitted. These data are considered confirmatory to the existing evidence that residues of bentazon, 6 OH bentazon, and 8 OH bentazon are relatively stable in frozen plant matrices. Data are also required reflecting the storage stability of bentazon and AIBA in cattle and poultry tissues, milk, and eggs. Storage intervals and conditions must reflect the existing cattle metabolism/ feeding study ( MRID 00039849), the existing poultry metabolism/ feeding study ( MRID 00039856), and the existing poultry metabolism study ( MRID 41089101). Because available storage stability data for plant commodities indicate that residues are generally stable, CBRS considers the available information sufficient to support the cattle and poultry metabolism/ feeding studies. The additional data are required to confirm the conclusions that the existing animal commodity tolerances are adequate.

vii. CBRS No. 11157, DP Barcode D186292, 11/ 24/ 93, P. Deschamp.

viii. CBRS No. 8822, DP Barcode D170503, 5/ 15/ 92, E. Zager.

ix. Crop field trials for dried peas indicate that the current 0.05 ppm tolerance for residues in/ on dried peas is too low. The registrant must propose a new tolerance of 1 ppm for the combined residues of bentazon, 6 0H, and 8 OH bentazon in/ on " peas, dried" along with label amendments specifying a 40 day PHI ( Reference 10).

x. CBRS No. 7904, DP Barcode D163697, 2/ 4/ 92, P. Deschamp.

xi. CBRS has reconsidered the recommendation ( D163697, 2/ 4/ 92) that the established 0.05 ppm 20 tolerance for soybeans be revised to reflect the combined validated limits of detection of bentazon and the two regulated metabolites and no longer requests this tolerance proposal.

xii. Crop field trials for bean vines ( forage) indicate that the current 3 ppm tolerance for residues in/ on bean vines ( forage) is too low. The registrant must propose a new tolerance of 8 ppm for the combined residues of bentazon, 6 0H, and 8 OH bentazon in/ on " beans, vines" ( Reference 6).

xiii. Crop field trials for dried pea vine hay indicate that the current 3 ppm tolerance for residues in/ on dried pea vine hay is too low. The registrant must propose a new tolerance of 8 ppm for the combined residues of bentazon, 6 0H, and 8 OH bentazon in/ on peas, hay along with label amendments specifying a 40 day PHI ( Reference 10).

xiv. Residue data from soybean forage and soybean hay field trials indicate that the established tolerances for these commodities ( 3 and 0.3 ppm, respectively) are too low; the registrant must propose new tolerances of 8 ppm each in/ on soybean forage and soybean hay ( Reference 10).

xv. Data submitted for field corn grain satisfy data requirements for popcorn grain.

xvi. Data submitted for field corn forage and fodder satisfy data requirements for popcorn forage and fodder.

xvii. Data on the potential for residue concentration in grain sorghum processed products have not been required.

xviii. Data pertaining to this topic are currently under review at CBRS ( D196299, MRID 42361901). Conclusions regarding the need for additional data will be presented in an addendum to this RED Chapter.


The EARLY ACTION COMPACT for The Northern Shenandoah Valley Region in the Commonwealth of Virginia ( City of Winchester and County of Frederick)

Submitted by the Air Improvement Task Force TABLE OF CONTENTS 1. Background  The National Ozone Standards  The 1 Hour Standard in Northern Shenandoah Valley Region  The 8 Hour Standard in Northern Shenandoah Valley Region 2. Ozone Early Action program ( OEAP)

 Protocol for OEAP  The Program  OEAP Versus Traditional Nonattainment  OEAP Timeline  The Area Encompassed by the OEAP  Signatories and Their Responsibilities  Conditions for Modification or Early Termination 3. Early Action Compact  General Provisions  Local Government Responsibilities  Milestones and Reporting  Emissions Inventories o Initial modeling emissions inventory o Future year modeling emissions inventory o Further episode inventories  Modeling  Emission Reduction Strategies  Maintenance for Growth  Public Involvement  The Virginia Department on Environmental Quality  The Environmental Protection Agency 3 1. BACKGROUND The National Ozone Standards The Federal Clean Air Act is the comprehensive law that regulates airborne emissions from area, mobile, and stationary sources nationwide. This law authorizes the U. S. Environmental Protection Agency ( EPA) to establish National Ambient Air Quality Standards ( NAAQS) to protect public health and the environment. The EPA currently has two NAAQS for ozone, the 1 hour peak standard and 8 hour standard.

Areas formally declared in violation of the NAAQS and adjacent contributing areas are designated " nonattainment areas." Nonattainment areas must meet certain Clean Air Act requirements, such as:

 Transportation Conformity  Requires a demonstration that regional long range transportation plans will not negatively impact air quality or federal transportation funds can be withheld.

 New Source Review  Requires a review of new or expanded industrial operations to minimize air pollution.

 Rate of Progress Requirements  A certain percentage of pollutants must be reduced each year.

 10 year maintenance plan after attainment that includes additional or continuing mandatory programs.

Another requirement obligates the state to develop and implement a prescriptive comprehensive clean air plan that mandates how the area will come into compliance with the standard. This plan and any revisions to it are known as will be incorporated in the State Implementation Plan ( SIP).

The 1 Hour Standard in the Northern Shenandoah Valley Region An area must have a monitored hourly peak ozone concentration below 125 parts per billion ( ppb) to meet the 1 hour ozone standard. If an area exceeds the standard more than three times in three years, it is subject to a nonattainment designation. The Northern Shenandoah Valley Region ( NSV) has never exceeded the 1 hour standard.

Since the monitor was installed in 1987, it has never exceeded the one hour standard hourly peak ozone concentration. NSV has an ozone monitor located in its most northeastern part.

Areas in relative proximity to NSV did show exceedences. Shenandoah National Park had three exceedences of the one hour standard during the 1987 to 2002 period.

Air quality 1 hour ozone results in the general region also had exceedences throughout this period. Areas in Northern Virginia, including Fairfax County, Fauquier County, and Loudoun County showed exceedences, and of those three counties, the Chantilly monitor in Fairfax County is identified as having non attainment status for the one hour standard. These areas considerably are more urban than NSV. 4 The 8 Hour Standard in the Northern Shenandoah Valley Region During the past several years, air quality planning in NSV has intensified as ozone concentrations have exceeded the value permitted by the 8 hour ozone NAAQS. Due to legal challenges to the new NAAQS and ensuing litigation, EPA has not formally designated any areas of the United States in violation of the 8 hour ozone NAAQS. The 8 hour NAAQS has been upheld by the Supreme Court and EPA anticipates nationwide designation of nonattainment areas in 2004. Based on recent monitoring data, it is probable that the NSV will be designated a nonattainment area when formal designations occur.

The 8 hour ozone standard is found by averaging three years of the fourth highest 8 hour ozone levels in an area. This number, called the design value, must be lower than 85 parts per billion ( ppb) to meet the standard. Currently, NSV's design value ( averaging 2000, 2001, and 2002) is 85 ppb. Each year this design value will change slightly. Results are available for NSV for the 8 hour ozone standard beginning in 1992. Ozone concentrations have exceeded the values permitted by the 8 hour ozone.

Exceedences were as follows: Winchester Frederick County, VA 92 93 94 95 96 97 98 99 00 01 02 1 1 2 4 1 4 10 5 2 5 9 Martinsburg Berkeley County, WV 92 93 94 95 96 97 98 99 00 01 02 5 6 5 8 Hour Ozone Exceedances 1992 to 2002 0 5 10 15 20 25 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 Year Exceedences WFC Fairfax Chantilly Page Co Shen National Park M Berk, WV Fairfax County ( Chantilly) 1 hour Exceedences 92 93 94 95 96 97 98 99 00 01 02 0 1 1 2 0 0 2 0 0 0 1 Fairfax County ( Chantilly) 8 hour Exceedences 92 93 94 95 96 97 98 99 00 01 02 2 21 5 6 1 1 16 6 2 9 12 6 Other Shenandoah Valley Area 8 hour exceedences were recorded in Page County, Rockbridge County and the Shenandoah National Park.

In 2002, NSV experienced 8 hour exceedences on the following days:

Winchester Frederick County, VA Martinsburg Berkeley, County, WV June 21 87 June 25 87 July 2 93 August 11 92 August13 91 August 21 89 September 9 87 September 10 97 September 13 85 June 10 88 July 1 88 July 2 89 August 3 94 August 21 89 September 10 90 7 2. OZONE EARLY ACTION PROGRAM ( OEAP)

NSV is volunteering to put itself into the OEAP process to expedite air cleanup for future public health and welfare.

Protocol for OEAP The OEAP was developed according to protocol endorsed by EPA on June 19, 2002. The OEAP offers a more expeditious time line for achieving clean air than expected under EPA's 8 hour implementation rulemaking.

The principles of the OEAP to be executed by Local, State and EPA officials are:

 Early planning, implementation, and emission reductions leading to expeditious attainment and maintenance of the 8 hour ozone standard;

 Local control of the measures to be employed, with broad based public input;

 State support to ensure technical integrity of the OEAP;

 Formal incorporation of the OEAP into the SIP;

 Deferral of the effective date of nonattainment designation and related requirements so long as all OEAP terms and milestones are met; and  Safeguards to return areas to traditional SIP requirements should OEAP terms and/ or milestones be unfulfilled, with appropriate credit given for emission reduction measures implemented.

NSV's OEAP has two principal components:

The Program 1. The Early Action Compact ( EAC)   EAC is an agreement to prepare and implement an Early Action Plan ( EAP). More specifically, the EAC sets measurable milestones for developing and implementing the EAP.

2. The Early Action Plan ( EAP)   EAP serves as NSV's official air quality improvement plan, with quantified emission reduction measures. The EAP will include all necessary elements of a comprehensive air quality plan, ( like the plans in Richmond, VA), but will be tailored to local needs and driven by local decisions. Moreover, the EAP will be incorporated into the formal SIP and the region will be legally required to carry out this plan just as in nonattainment areas. For example, development of the EAP will require the same scientific diligence and undergo the same scrutiny as the nonattainment areas' SIPs, so that the emission reduction strategies selected will be adequate to ensure the region stays in attainment of the 8 hour standard. 8 OEAP Versus Traditional Nonattainment A major advantage of the region's participation in the OEAP is the flexibility afforded to the signatories in selecting emission reduction measures and programs that are best suited to local needs and circumstances. Recognizing the varied social and economic characteristics of the region, not all measures can or should be implemented by every entity.

The primary differences between OEAP and the traditional nonattainment area process are:

 The OEAP allows for more local control in selecting emission reduction measures.

 The OEAP provides deferral of nonattainment designation and related requirements, as long as Plan requirements and milestones are met. This would prevent any related stigma associated with a nonattainment designation.

 The OEAP is designed to achieve clean air faster than under the traditional SIP process.

 Should any milestones be missed in designing or implementing the EAP, the area would automatically revert to the traditional SIP requirements, with appropriate credit given for emission reduction measures already implemented.

OEAP Timeline NSV ` s OEAP is designed to enable a local, proactive approach to ensuring attainment of the 8 hour ozone NAAQS, and so protect human health. Using the OEAP approach, the region could begin implementing by 2005 emission reduction measures directed at attaining the 8 hour standard. This allows for a significantly earlier start than waiting for formal EPA nonattainment designation and it gives the local area more flexibility in choosing which emission reduction strategies to implement in order to bring about 8 hour ozone NAAQS attainment The Area Encompassed by the OEAP The NSV, which is comprised of the jurisdictions listed below, is the planning area for which the OEAP is designed: Virginia City of Winchester Frederick County Adjacent jurisdictions have been made aware of the process. Their participation in a voluntary manner will be pursued. Adjacent jurisdictions include the following: Virginia West Virginia Maryland Pennsylvania Shenandoah County City of Martinsburg Washington County Franklin County Warren County Berkeley County Allegany County Fulton County Clarke County Hampshire County Hardy County Jefferson County Morgan County 9 Signatory jurisdictions in the EAC will be eligible for the deferral of the nonattainment designation effective date and associated requirements. After signing the initial EAC, additional jurisdictions may be added upon request and mutual consent of all the signatory parties, due to expansion of the nonattainment area or other reasons.

Signatories And Their Responsibilities The individuals representing the entities that will sign this EAC are:

City of Winchester Mayor County of Frederick Chairman of Board of Supervisors United States Environmental Protection Agency ( EPA) Administrator, Region 3 Virginia Department of Environmental Quality ( VDEQ) Regional Administrator or Designee The local entities whose representatives support and sign the EAC are committed to holding primary responsibility for the development and implementation of the EAP, and for maintaining communication with all parties. These commitments by local agencies are enumerated in the following Memorandum of Agreement, along with the commitments of the VDEQ and EPA. After signing the initial EAC, additional jurisdictions may be added upon request and mutual consent of all the signatory parties.

Conditions for Modification or Early Termination Any signatory party can terminated their participation in the agreement at any time before formal incorporation into the SIP in 2004. All modifications to this agreement can occur at any time by mutual consent of all signatory parties before formal incorporation into the SIP in 2004. Before 2004, any signatory party may withdraw from the agreement if the other signatory parties do not carry out provisions of the agreement. If a party's withdrawal from the agreement prevents remaining signatories from satisfying any of the terms and milestones of the original agreement, the agreement will be void and the area's nonattainment designation immediately effective. Once the EAP is incorporated into the SIP, modification is considerably more difficult, as the SIP is a legally binding state and federal agreement to carry out specific emission reduction activities. Additional jurisdictions wanting to enter during EAP development process will be allowed, upon approval by Air Improvement Task Force ( AITF), provided they meet the qualifying criteria and EPA guidance. 10 3. NORTHERN SHENANDOAH VALLEY EARLY ACTION COMPACT This EAC is between the local governments representing the City of Winchester and Frederick County of Virginia, ( herein after referred to as the local governments), VDEQ and EPA. It is for the express purpose of developing and implementing a plan that will reduce ground level ozone concentrations in the NSV to comply with the 8 hour ozone standard by December 31, 2007 and maintain that standard until at least 2012. Failure to meet that obligation results in immediate reversion to the traditional nonattainment process.

General Provisions A. The signatory parties commit to develop, implement and maintain the EAP according to the EPA Protocol for EACs issued June 19, 2002 ( supplemented per a letter dated October 18 , 2002 from Gregg Cooke, Regional Administrator, EPA Region 6, to Robert Huston, Texas Commission on Air Quality), and adhere to all terms and conditions stated in the guidelines.

B. If NSV does not meet all the terms of the EAC, including meeting agreed upon milestones, then it will forfeit its participation and deferred effective date of its nonattainment designation, thus having an effective nonattainment designation and becoming subject to EPA's 8 hour ozone nonattainment implementation rules.

C. Any signatory party may terminate this agreement, prior to the EAP's formal incorporation into the SIP in 2004.

D. This agreement may be modified by mutual consent of all signatory parties.

E. The signature date of the EAC is the start date of the agreement's term and the agreement remains in effect until December 31, 2007. 11 Local Government Responsibilities The local governments agree to enter into the EAC to develop and implement and an EAP that will demonstrate attainment, by December 31, 2007, of the 8 hour ozone standard and continued maintenance of the standard until at least 2012. The local governments will develop the EAP in coordination with VDEQ, EPA, stakeholders and the public. In this regard, the local area holds the primary responsibility for the development and implementation of the EAP, as well as for maintaining communication with all parties involved. Specific local commitments to the EAC and EAP are:

1. Drawing up the EAC, which embodies the requirements for EAP as outlined is Sections A to F of the Protocol, including a timeline for milestones.

2. Completing and signing by all parties of the EAC by no later than December 31, 2002.

3. Identifying and describing local strategies being considered for inclusion in the EAP by no later than June 16, 2003.

4. Selecting local control strategies no later than January 31, 2004. Each signatory jurisdiction must consider and formally approve and/ or adopt the controls that make up the local component of the EAP before this date.

5. Submitting the final EAP to state and federal agencies no later than March 31, 2004.

6. Notifying parties as soon as possible of issues and developments, which may impact performance and progress towards milestones.

7. Notifying parties as soon as possible if any EAC milestones will be missed or have been missed.

8. Notifying parties as soon as possible if modification/ termination to the EAC is to be requested. 12 Milestones and Reporting 1. Milestones EAC/ EAP Milestones ( Responsible Party) December 31, 2002 Signed EAC ( All parties) Initial modeling emissions inventory completed ( VDEQ) Conceptual modeling completed ( VDEQ) May 31, 2003 Base case modeling completed ( VDEQ) June 16, 2003 Identify and describe local strategies being considered for inclusion in local clean air plans ( Local Governments) June 30, 2003 Semi annual status reports to begin ( AITF & VDEQ) Future year emissions inventory modeling completed ( VDEQ) Emissions inventory comparison and analysis completed ( VDEQ) October 31, 2003 Future case modeling completed ( VDEQ) Attainment maintenance analysis completed ( VDEQ) One or more modeled control cases completed ( VDEQ) Local emission reduction strategies selected ( Local Governments) January 31, 2004 Submission of preliminary EAP to VDEQ and EPA ( Local Governments) Final revisions to modeled control cases completed ( VDEQ) Final revisions to local emission reduction strategies completed ( Local Governments) Final revisions to attainment maintenance analysis completed ( VDEQ) March 31, 2004 Submission of final EAP to VDEQ and EPA ( Local Governments) December 31, 2004 EAP adopted and incorporated into the SIP, SIP submitted to EPA ( VDEQ) December 31, 2005 Local emission reduction strategies implemented no later than this date ( Implementing Agency) June 30, 2006 Semi annual status reports on implementation of measures and assessment of air quality improvement begin on this date ( AITF & VDEQ) December 31, 2007 Attainment of the 8 hour standard no later than this date ( All Parties)

2. Reporting In order to facilitate self evaluation and communication with EPA, VDEQ, stakeholders, and the public, the region will assess and report progress towards milestones in a regular, public process, at least every six months, beginning with a biannual in June 2003. 13 Emissions Inventories 1. An initial modeling emissions inventory will be developed by May 31, 2003. This inventory will include: a. Emissions modeling data for a 1996, 1997, or 1999 ( or later) episode, which will be representative of a typical ozone season event and meets EPA episode selection guidance; b. MOBILE6 data with link based Travel Demand Model ( TDM) mobile data where available ( HPMS elsewhere); c. NONROAD model data adjusted for local equipment populations and usage rates ( if available); d. Area source data using best activity data available.

In addition, all modeling will be based on, to the extent possible, the " Draft Guidance on the Use of Models and Other analyses in Attainment Demonstrations for the 8 hour Ozone NAAQS" ( EPA 454/ R 99 004, May 1999). This modeling will follow this guidance as negotiated and agreed to with the EPA Regional Office. Any deviations from this guidance and the resulting modeling with be identified and reconciled with the draft guidance. Data availability issues may limit this reconciliation.

2. A 2007 future year modeling emissions inventory will be developed by October 31, 2003. This inventory will sufficiently account for projected future growth in ozone precursor emissions through 2007, particularly from stationary, non road and on road mobile sources.

3. Selection of specific episode inventories was partially determined by the conceptual model, which reflects an analysis of meteorological conditions typical of high ozone events. The conceptual model will be developed by May 31, 2003.

4. Emissions inventories will be compared and analyzed for trends in emission sources over time. The emissions inventory comparison and analysis will be completed by May 31, 2003.

Modeling 1. Regional photochemical modeling will be performed to provide a demonstration of attainment of the ozone standard through the local, state, and regional control strategies selected for the EAP. Base case modeling will be completed by May 31, 2003 and future case modeling will be completed by October 31, 2003. One or more modeled control cases will be completed by January 31, 2004, with final revisions completed by March 31, 2004. All modeling: a. Will be SIP quality and perform within EPA's accepted margin of accuracy; b. Will be carefully documented; c. Will sufficiently account for projected future growth in ozone precursor emissions; 14 d. Will be accomplished by VDEQ and reviewed by EPA; e. Will be used to determine the effectiveness of NOx and/ or VOC reductions. The control case( s) will be used to determine the relative effectiveness of different emission reduction strategies and to aid in the selection of appropriate emission reduction strategies.

Emission Reduction Strategies 1. All adopted Federal and State emission reduction strategies that have been or will be implemented by the December 31, 2007 attainment date will be included in base, future and control case modeling.

2. Additional local emission reduction strategies that are under consideration will be identified and described by June 16, 2003. Any additional strategies needed to demonstrate attainment for NSV will then be selected by January 31, 2004, with final revisions completed by March 31, 2004. The selected local strategies will be implemented as soon as practical, but no later that December 31, 2005.

3. Local emission reduction strategies will be specific, quantified, permanent and enforceable. The strategies will also include specific implementation dates and detailed documentation and reporting processes.

4. Voluntary strategies can play a supporting role in the EAP. If emission reductions from voluntary strategies are quantified and credit is taken for them in the EAP, those emission reductions will be enforceable. Additional strategies must be implemented to meet those quantified reduction requirements if quantified voluntary strategies fail. This is true for all quantified emission reductions.

5. Local emission reduction strategies will be designed and implemented by the community with stakeholder participation.

6. Local emission reduction strategies will be incorporated by the state into the SIP. In the event that the region desires to add, delete or substitute strategies after SIP submittal, the region will request a modification. EAP modifications will be treated as SIP revisions and facilitated by the state.

Maintenance for Growth 1. The EAP will include a component to address emissions growth at least five years beyond December 31, 2007, ensuring that the area will remain in attainment of the 8 hour standard during that period. Attainment maintenance analysis will be completed by January 31, 2004, with final revisions completed by March 31, 2004. The analysis will employ one or more of the following or any other appropriate techniques necessary to make such a demonstration: 15 o Attainment emissions budget evaluation for maintenance demonstration year showing that future emissions remain below the attainment budget for the area; o Modeling analysis showing ozone levels below the 8 hour standard in 2012; o An annual review of growth ( especially mobile and stationary source) to ensure emission reduction strategies and growth assumptions are adequate; o Identification and quantification of federal, state, and/ or local measures indicating sufficient reductions to offset growth estimates.

2. A continuing planning process that includes modeling updates and modeling assumption verification ( particularly growth assumptions) will be conducted concurrent with the tracking and reporting process for the EAP. This update and verification will be an ongoing process between the signatories, stakeholders and the public. Modeling updates and planning processes must consider and evaluate:

o All relevant actual new point sources; o Impacts from potential new source growth; and o Future transportation patterns and their impact on air quality in a manner that is consistent with the most current adopted Long Range Transportation Plan and most current trend and projections of local motor vehicle emissions.

3. If the review of emissions growth in conjunction with the continuing planning process demonstrates that adopted emission reduction strategies are inadequate to address growth in emissions, additional measures will be added to the EAP.

4. In the event that the continuing planning process identifies the need to add, delete, or substitute emission reduction strategies after the EAP has been incorporated into the SIP, the local area will initiate, and VDEQ will facilitate a SIP revision to accommodate changes.

Public Involvement 1. Public involvement will be conducted in all stages of planning by one or more of the following, or other appropriate party: Community Consensus Coalition, Virginia Initiative to Save and Improve Our Neighborhoods, Winchester Frederick County Economic Development Commission, and the Winchester Frederick County Chamber of Commerce. Outreach may include one more of the following techniques: public meetings and presentations, stakeholder meetings, websites, print advertising and radio.

2. Public education programs will be used to raise awareness regarding issues, opportunities for involvement in the planning process, implementation of emission reduction strategies, and any other issues important to the area. 16 3. Interested stakeholders will be involved in the planning process as early as possible. Planning meetings will be open to the public, with posted meeting times and locations. Plan drafts will be publicly available, and the drafting process will have sufficient opportunities for comment from all interested stakeholders.

4. Public comment on the proposed final plan will follow the normal SIP revision process as implemented by the State.

5. Semi annual reports detailing, at a minimum, progress toward milestones, will be publicly presented and publicly available,.

Virginia Department of Environmental Quality VDEQ will provide support to areas throughout the planning and implementation process, including:

1. Development of emission inventories, modeling process, trend analysis and quantification and comparison of emission reduction strategies;

2. Necessary information on all Federal and State adopted emission reduction measures which affect the area;

3. Review of emissions inventory, modeling, and self evaluation work;

4. Technical and strategic assistance, as appropriate, in the selection and implementation of emission reduction strategies;

5. Technical and planning assistance in developing and implementing processes to address the impact of emissions growth beyond the attainment date;

6. Maintenance of monitors and reporting and analysis of monitoring data;

7. Support for public education efforts;

8. Coordinate communication between local areas and EPA to facilitate continuing EPA review of local work;

9. Expeditious review of the locally developed plan, and if deemed adequate, propose modification of the SIP to adopt the early action plan;

10. Adoption of emission reduction strategies into the SIP as expeditiously as possible. The final complete SIP revision must be completed, adopted, and submitted by the state to EPA by 2004. The SIP revision will include a demonstration that the area will attain the 8 hour standard by December 31, 2007. 17 11. If EPA withdraws the deferred effective date, thereby triggering a nonattainment designation and applicable statutory requirements, the State will submit a nonattainment SIP to EPA within 1 year of the new effective date of the nonattainment designation.

The Environmental Protection Agency 1. The EPA will provide technical assistance to the state and local area in the development of the early action plan.

2. The EPA will move quickly to review and approve completed plans by no later than nine months after submission of the SIP revision by the state.

3. At the time of designations, EPA will defer the effective date of nonattainment designation and related requirements for participating areas that fail to meet the 8 hour ozone standard as long as all terms and milestones of the compact are being met, including submission of the early action SIP revision by 2004.

4. Provided that the monitors in the area reflect attainment by December 31, 2007, EPA will move expeditiously to designate the area as attainment and impose no additional requirements.

5. If at any time the area does not meet all the terms of this EAC, including meeting agreed upon milestones, then it will forfeit its participation and its nonattainment designation ( or redesignation if necessary) will become effective after EPA withdraws the deferred date.

6. If the area violates the standard as of December 31, 2007, and the area has had the effective date of its nonattainment designation deferred, the area will be designated nonattainment. EPA will take action to withdraw the deferred effective date, and the area's nonattainment designation will become effective.

7. No area will be allowed to renew their EAC after December 31, 2007, or initiate a new compact if it has previously forfeited its participation.