[Federal Register: November 7, 2003 (Volume 68, Number 216)]
[Notices]               
[Page 63085-63088]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no03-60]                         

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0367; FRL-7334-9]

 
Atrazine; Notice of Availability of Revised Atrazine Interim 
Reregistration Eligibility Decision (IRED)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of the revised Interim 
Reregistration Eligibility Decision (IRED) document for the pesticide 
active ingredient atrazine. EPA has completed its revised IRED for 
atrazine consistent with the August 8, 2002, consent decree

[[Page 63086]]

between the Natural Resources Defense Council and EPA and with the 
January 31, 2003, Atrazine IRED released to the public through notices 
published in the Federal Register on February 28, 2003 (68 FR 9652) 
(FRL-7456-2). As required in the consent decree, the revision to the 
January 31, 2003 IRED addresses the potential association between 
atrazine exposure and the incident of prostate cancer and other cancers 
in humans and the potential effects of atrazine on amphibian 
endocrinology and development. The revised IRED also includes an 
ecological level of concern consistent with the Office of Water's (OW) 
draft aquatic life criteria document that is being released concurrent 
with the revision to the IRED. In addition, the revised IRED includes a 
monitoring program in vulnerable watersheds to determine if atrazine 
levels exceed the Agency's level of concern. The revised IRED 
summarizes the conclusions in the January 31, 2003, IRED, developments 
since the IRED, and the Agency's next steps.

DATES:  Comments, identified by docket ID number OPP-2003-0367, must be 
received on or before February 5, 2004.

ADDRESSES:  Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT:  Eric R. Olson, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8067; fax number: (703) 308-8041; e-mail address: olson.eric@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may, 
however, be of interest to persons who are or may be required to 
conduct testing of chemical substances under the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA) or the Federal Food, Drug, and 
Cosmetic Act (FFDCA); environmental, human health, and agricultural 
advocates; pesticide users; and members of the public interested in the 
use of pesticides. Since other entities may also be interested, the 
Agency has not attempted to describe all the specific entities that may 
be affected by this action. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1.  Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2003-0367. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The docket telephone number is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the revision to the atrazine IRED is 
available electronically through the EPA Internet at  http://www.epa.gov/oppsrrd1/reregistration/atrazine/
.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B. EPA intends to work towards 
providing electronic access to all of the publicly available docket 
materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-

[[Page 63087]]

mail address or other contact information in the body of your comment. 
Also include this contact information on the outside of any disk or CD 
ROM you submit, and in any cover letter accompanying the disk or CD 
ROM. This ensures that you can be identified as the submitter of the 
comment and allows EPA to contact you in case EPA cannot read your 
comment due to technical difficulties or needs further information on 
the substance of your comment. EPA's policy is that EPA will not edit 
your comment, and any identifying or contact information provided in 
the body of a comment will be included as part of the comment that is 
placed in the official public docket, and made available in EPA's 
electronic public docket. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPP-2003-0367. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.    ii. E-mail. Comments may be sent by e-mail to opp-docket@epa.gov, 
Attention: Docket ID Number OPP-2003-0367. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2.  By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2003-0367.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket 
ID Number OPP-2003-0367. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI To the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is CBI). Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person listed under  FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
ID number in the subject line on the first page of your response. It 
would also be helpful if you provided the name, date, and Federal 
Register citation related to your comments.

II. Background

A. What Action is the Agency Taking?

    EPA has completed its revised IRED for atrazine consistent with the 
August 8, 2002, consent decree between the Natural Resources Defense 
Council and EPA and consistent with the January 31, 2003, Atrazine IRED 
released to the public through a notice published in the Federal 
Register on February 28, 2003 (68 FR 9652) (FRL-7456-2). As required in 
the consent decree, the revision to the January 31, 2003, IRED 
addresses the potential association between atrazine exposure and the 
incident of prostate cancer and other cancers in humans and the 
potential effects of atrazine on amphibian endocrinology and 
development. In each section, the document summarizes the conclusions 
in the January 31, 2003, IRED, developments since the IRED, including 
Scientific Advisory Panel meetings, and next steps, as appropriate.
    The revised IRED also includes an ecological monitoring and 
mitigation program developed to address indirect ecological effects of 
atrazine in watersheds. The ecological level of concern and the 
monitoring and mitigation program were developed by a cross-Agency 
workshop that includes the Office of Pesticide Programs (OPP), Office 
of Water (OW), and the Office of Research and Development (ORD), along 
with Syngenta Crop Protection, Inc. Concurrent with the release of the 
revision to the atrazine IRED, EPA's OW is publishing its draft aquatic 
life criteria document for atrazine for comment elsewhere in this issue 
of the Federal Register. The OW Draft aquatic life criteria document 
for atrazine is available electronically through the EPA Internet at 
http://www.epa.gov/waterscience/criteria/atrazine/.
    Provided that the measures outlined in the revised IRED are 
adopted, atrazine remains eligible for reregistration. EPA's next step 
under FQPA is to complete a cumulative risk assessment and risk 
management decision for the triazine pesticides, which share a common 
mechanism of toxicity. This revision to the IRED document for atrazine 
cannot be considered a final reregistration

[[Page 63088]]

eligibility decision until the cumulative assessment is complete.
    When the cumulative risk assessment for the triazine pesticides has 
been completed, EPA will issue its final tolerance reassessment 
decision for atrazine and further risk mitigation measures may be 
needed.

B. What is the Agency's Authority for Taking this Action?

    The legal authority for this IRED falls under FIFRA, as amended in 
1988 and 1996. Section 4(g)(2)(A) of FIFRA directs that, after 
submission of all data concerning a pesticide active ingredient, ``the 
Administrator shall determine whether pesticides containing such active 
ingredient are eligible for reregistration,'' before calling in product 
specific data on individual end-use products, and either reregistering 
products or taking ``other appropriate regulatory action.''

List of Subjects

    Environmental protection, chemicals, pesticide(s) and pests.

    Dated: November 3, 2003.
Betty Shackleford,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 03-28101 Filed 11-6-03; 8:45 am]

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