[Federal Register: July 13, 2005 (Volume 70, Number 133)]
[Notices]
[Page 40336-40339]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy05-67]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0123; FRL-7721-3]
Methyl Bromide Risk Assessments for Fumigant Pesticide; Notice of
Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability of EPA's human health
and environmental fate and effects risk assessments and related
documents for the fumigant methyl bromide, and opens a public comment
period on these documents. EPA is developing the Reregistration
Eligibility Decision (RED) for methyl bromide through the full, 6-Phase
public participation process that the Agency uses to involve the public
in developing pesticide reregistration and tolerance reassessment
decisions. EPA also is concurrently assessing the risks of five other
soil fumigant pesticides to ensure that its assessment approaches are
consistent, and to ensure that risk tradeoffs and economic outcomes can
be adequately predicted in reaching risk management decisions. Through
these programs, EPA is ensuring that all pesticides meet current health
and safety standards.
DATES: Comments, identified by docket identification (ID) number OPP-
2005-0123, must be received on or before September 12, 2005.
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: Susan Bartow, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 603-0065; fax
number: (703) 308-8041; e-mail address: bartow.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others 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 ID number OPP-2005-0123. 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 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
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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-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-2005-0123. 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-2005-0123. 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-2005-0123.
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, 1801 S. Bell St., Arlington, VA, Attention: Docket ID
Number OPP-2005-0123. 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 is making available the human health and environmental fate and
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effects risk assessments for methyl bromide. Methyl bromide is a broad-
spectrum fumigant chemical that can be used as an acaricide,
antimicrobial, fungicide, herbicide, insecticide, nematicide, and
vertebrate control agent. The most prevalent use pattern is as a soil
fumigant; however, it is also used as a structural fumigant and for
post harvest treatment of commodities. The Agency developed these risk
assessments as part of its public process for making pesticide
reregistration eligibility and tolerance reassessment decisions.
Through these programs, EPA is ensuring that pesticides meet current
standards under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), as
amended by the Food Quality Protection Act of 1996 (FQPA).
Methyl bromide is primarily used on terrestrial agricultural sites
but other commonly treated sites include indoor food and non-food use
sites, residential settings, and commercial/industrial facilities.
Approximately 47 million total pounds were applied annually during the
years 1990 through 1999. Pre-plant field uses in agriculture accounted
for about 41 million pounds per year while post-harvest commodity
treatments accounted for another 4 million pounds and structural
fumigations accounted for 2.3 million pounds per year. Strawberries (54
percent), eggplant (43 percent), peppers (17 percent), and tomatoes (13
percent) are the crops with the highest percentage of their overall
acreage treated.
Regarding risks to humans from methyl bromide, there are no
aggregate dietary risks of concern resulting from acute and chronic
exposures (food and water only). However, residential risks exceed the
Agency's level of concern for several scenarios. Worker risks also
exceed Agency's level of concern for the majority of scenarios
considered, even when appropriate mitigation measures were taken (e.g.,
respirators and emission reduction technology such as tarps). Acute
risks to birds and mammals do not exceed the Agency's level of concern.
However, there is a potential for exposure over a prolonged period. For
aquatic organisms, the only aquatic LOC exceeded (based on estimated
environmental concentrations) is the acute endangered species LOC for
aquatic invertebrates.
EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's risk
assessments for methyl bromide. Such comments and input could address,
for example, the availability of additional data to further refine the
risk assessments, or information about specific use practices for crops
that are produced using methyl bromide. For example, the following
information would be helpful to EPA in characterizing regional and crop
differences in use practices and possible effects on potential risk.
When providing this information to the Agency, consider providing
pictures or video footage to help clarify your comments.
1. Crop.
2. Fumigant use.
3. Average acres grown per enterprise.
4. Maximum acres fumigated per day.
5. Percent of the acres grown that are fumigated.
6. Typical application rate (lb a.i./acre).
7. Minimum application rate used (lb a.i./acre)(for high pest
pressure situations).
8. Time of year that soil is fumigated.
9. Fumigation cycle (every crop cycle, 1 time/year, 1 time/2
years).
10. Target pests (by category or specific pests).
11. Method of application (e.g., chemigation, soil injection,
specific equipment used, etc.).
12. Methods or actions taken to reduce emissions (polyethylene
tarps or soil cap).
13. Could high-density polyethylene (HDPE) or high barrier tarps be
used on this crop?
14. Time between treatment and next production activity (e.g., time
until planting).
15. Typical crops following the fumigated crop (only if they
benefit from the fumigation).
16. Regulatory restrictions in your area on this fumigant or an
alternative fumigant (such as weather restrictions).
17. Soil restrictions on this fumigant or an alternative fumigant.
18. Any restrictions or concerns about minimum soil temperature,
hilly terrain, etc.
19. Best available alternative (another fumigant or strategy such
as leaving land fallow, etc.).
20. Could the use of different soil fumigants be alternated (e.g.,
metam sodium followed by 1,3-D)? Specify how.
21. Yield or quality impacts that are likely to result from moving
to the best available alternative (i.e., change in commodity price or
grade).
22. Would moving to the next best alternative impact key market
windows? How?
23. Cost per acre of active ingredient.
24. Cost per acre of other fumigation inputs (e.g., tarps and
equipment).
25. Is there a crop budget available for your area and crop?
26. Do you know of any other contacts or other sources of
information for this crop that could provide information on acreage,
prices, pests, etc.?
27. Are there non-chemical alternatives that can be used in place
of fumigants? Describe use.
EPA seeks to achieve environmental justice, the fair treatment and
meaningful involvement of all people, regardless of race, color,
national origin, or income, in the development, implementation, and
enforcement of environmental laws, regulations, and policies. To help
address potential environmental justice issues, the Agency seeks
information on any groups or segments of the population who, as a
result of their location, cultural practices, or other factors, may
have atypical, unusually high exposure to methyl bromide, compared to
the general population.
EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819)(FRL-7357-9) explains that in conducting these
programs, EPA is tailoring its public participation process to be
commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
EPA plans to review methyl bromide through the full, 6-Phase public
participation process.
Comments should be limited to issues raised within the risk
assessments and associated documents. Failure to comment on any such
issues as part of this opportunity will not limit a commenter's
opportunity to participate in any later notice and comment processes on
this matter. All comments should be submitted using the methods in Unit
I. of the SUPPLEMENTARY INFORMATION, and must be received by EPA on or
before the closing date. Comments will become part of the Agency Docket
for methyl bromide. Comments received after the close of the comment
period will be marked ``late.'' EPA is not required to consider these
late comments.
B. What is the Agency's Authority for Taking this Action?
Section 4(g)(2) of FIFRA as amended 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
[[Page 40339]]
reregistration,'' before calling in product specific data on individual
end-use products and either reregistering products or taking other
``appropriate regulatory action.''
Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to
review tolerances and exemptions for pesticide residues in effect as of
August 2, 1996, to determine whether the tolerance or exemption meets
the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review
is to be completed by August 3, 2006.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: June 29,2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 05-13372 Filed 7-12-05; 8:45 am]
BILLING CODE 6560-50-S