[Federal Register: June 23, 2004 (Volume 69, Number 120)]
[Notices]
[Page 35017-35019]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn04-56]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0156; FRL-7365-6]
MCPA; Availability of Risk Assessments (Interim Process)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability of risk assessments
that were developed as part of EPA's process for making pesticide
Reregistration Eligibility Decisions (REDs) and tolerance reassessments
consistent with the Federal Food, Drug, and Cosmetic Act (FFDCA), as
amended by the Food Quality Protection Act of 1996 (FQPA). These risk
assessments are the human health and environmental fate and effects
risk assessments and related documents for 4-chloro-2-methylphenoxy
acetic acid (MCPA). This notice also starts a 60-day public comment
period for the risk assessments. By allowing access and opportunity for
comment on the risk assessments, EPA is seeking to strengthen
stakeholder involvement and help ensure decisions made under FQPA are
transparent and based on the best available information. The tolerance
reassessment process will ensure that the United States continues to
have the safest and most abundant food supply.
DATES: Comments, identified by the docket ID number OPP-2004-0156, must
be received on or before August 23, 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: Kelly White, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 305-8401; e-mail
address: white.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general, nevertheless, a
wide range of stakeholders will be interested in obtaining the risk
assessments for MCPA, including environmental, human health, and
agricultural advocates; the chemical industry; pesticide users; and
members of the public interested in the use of pesticides on food.
Since other entities also may 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-2004-0156. 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,
1801 S. Bell St., 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 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
[[Page 35018]]
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.1. 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.
II. How Can I Respond to this Action?
A. 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-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 on line instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID
number. 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-2004-0156. 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 (7502C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001, Attention: Docket ID number OPP-2004-0156.
3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs, Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket
ID number OPP-2004-0156. Such deliveries are only accepted during the
docket's normal hours of operation as identified in Unit I.B.1.
B. 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.
[[Page 35019]]
C. 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 copies of 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 the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the notice or collection
activity.
7. Make sure to submit your comments by the deadline in this
document.
8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
III. What Action is the Agency Taking?
EPA is making available to the public the risk assessments that
have been developed as part of the Agency's interim public
participation process for tolerance reassessment and reregistration.
During the next 60 days, EPA will accept comments on the human health
and environmental fate and effects risk assessments and other related
documents for MCPA, available in the individual pesticide docket. Like
other REDs for pesticides developed under the interim process, the MCPA
RED will be made available for public comment.
EPA and United States Department of Agriculture (USDA) have been
using a pilot public participation process for the assessment of
organophosphate pesticides since August 1998. In considering how to
accomplish the movement from the current pilot being used for the
organophosphate pesticides to the public participation process that
will be used in the future for non-organophosphates, such as MCPA, EPA
and USDA have adopted an interim public participation process. EPA is
using this interim process in reviewing the non-organophosphate
pesticides scheduled to complete tolerance reassessment and
reregistration in 2001 and early 2002. The interim public participation
process ensures public access to the Agency's risk assessments while
also allowing EPA to meet its reregistration commitments. It takes into
account that the risk assessment development work on these pesticides
is substantially complete. The interim public participation process
involves: A registrant error correction period; a period for the Agency
to respond to the registrant's error correction comments; the release
of the refined risk assessments and risk characterizations to the
public via the docket and EPA's internet website; a significant effort
on stakeholder consultations, such as meetings and conference calls;
and the issuance of the risk management decision document (i.e., RED)
after the consideration of issues and discussions with stakeholders.
USDA plans to hold meetings and conference calls with the public (i.e.,
interested stakeholders such as growers, USDA Cooperative Extension
Offices, commodity groups, and other Federal Government agencies) to
discuss any identified risks and solicit input on risk management
strategies. EPA will participate in USDA's meetings and conference
calls with the public. This feedback will be used to complete the risk
management decisions and the RED. EPA plans to conduct a close-out
conference call with interested stakeholders to describe the regulatory
decisions presented in the RED. REDs for pesticides developed under the
interim process will be made available for public comment.
Included in the public version of the official record are the
Agency's risk assessments and related documents for MCPA. As additional
comments, reviews, and risk assessment modifications become available,
these will also be docketed. The MCPA risk assessments reflect only the
work and analysis conducted as of the time they were produced and it is
appropriate that, as new information becomes available and/or
additional analyses are performed, the conclusions they contain may
change.
List of Subjects
Environmental protection, Chemicals, Pesticides and pests.
Dated: June 16, 2004.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 04-14093 Filed 6-22-04 8:45 am]
BILLING CODE 6560-50-S