[Federal Register: August 8, 2005 (Volume 70, Number 151)]
[Notices]
[Page 45719-45720]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au05-91]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0167; FRL-7729-9]
2,4-D Reregistration Eligibility Decision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (RED) for the pesticide 2,4-dichlorophenoxyacetic
acid (2,4-D). The Agency's risk assessments and other related documents
also are available in the 2,4-D Docket. 2,4-D is a phenoxy herbicide
used for control of broadleaf weeds on a large number of food and non-
food crops. The majority of 2,4-D is used to control weeds in pasture
and rangeland, residential lawns, wheat, field corn, soybeans, and
roadways. In addition, 2,4-D is used for aquatic weed and forest
management, and is used as a growth regulator in citrus. EPA has
reviewed 2,4-D through the public participation process that the Agency
uses to involve the public in developing pesticide reregistration and
tolerance reassessment decisions. Through these programs, EPA is
ensuring that all pesticides meet current health and safety standards.
FOR FURTHER INFORMATION CONTACT: Katie Hall, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0166; fax
number: (703) 308-8041; e-mail address: hall.katie@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 identification (ID) number OPP-2004-0167. 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/.
[[Page 45720]]
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 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. 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.
Once in the system, select ``search,'' then key in the appropriate
docket ID number.
II. Background
A. What Action is the Agency Taking?
Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory standards. EPA
has completed a Reregistration Eligibility Decision (RED) for the
pesticide, 2,4-D under section 4(g)(2)(A) of FIFRA. 2,4-D is a widely
used phenoxy herbicide used to control broadleaf weeds in agriculture
on a variety of field, fruit, and vegetable crops; on residential and
other lawns; on turf and rights-of-way; in forestry; and in aquatic
settings. 2,4-D and its related salts and esters are active ingredients
in approximately 660 registered pesticide products. The chemical forms
of 2,4-D supported for reregistration and addressed in the RED document
include: 2,4-D acid, 2,4-D dimethylamine salt (DMAS), 2,4-D isopropyl
acid (IPA), 2,4-D triisopropyl acid (TIPA), 2,4-D ethylhexyl ester
(EHE), 2,4-D butoxyethyl ester (BEE), 2,4-D diethylamine (DEA), 2,4-D
isopropyl ester (IPE), and 2,4-D sodium salt. There are currently over
100 tolerances for 2,4-D. EPA has determined that the data base to
support reregistration is substantially complete and that products
containing 2,4-D are eligible for reregistration, provided the risks
are mitigated in the manner described in the RED. Upon submission of
any required product specific data under section 4(g)(2)(B) and any
necessary changes to the registration and labeling (either to address
concerns identified in the RED or as a result of product specific
data), EPA will make a final reregistration decision under section
4(g)(2)(C) for products containing 2,4-D.
EPA must review tolerances and tolerance exemptions that were in
effect when the Food Quality Protection Act (FQPA) was enacted in
August 1996, to ensure that these existing pesticide residue limits for
food and feed commodities meet the safety standard established by the
new law. Tolerances are considered reassessed once the safety finding
has been made or a revocation occurs. EPA has reviewed and made the
requisite safety finding for the 2,4-D tolerances included in this
notice.
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.
Due to its uses, risks, and other factors, 2,4-D was reviewed through
the full 6-Phase public participation process. Through this process,
EPA worked extensively with stakeholders and the public to reach the
regulatory decisions for 2,4-D. Two 60-day public comment periods were
held for 2,4-D. The first was held in the summer of 2004, when EPA
invited public comment on the Agency's preliminary human health and
ecological risk assessments for 2,4-D. The approximately 50 comments
received were considered in revising the risk assessments and
developing preliminary risk mitigation options, which were issued for
public review and a second comment period in January 2005. Over 1,000
comments were received during the second public comment period. EPA
revised the risk assessments again in response to public comments and
input received, as reflected in the 2,4-D RED. Because two public
comment periods as well as numerous opportunities for informal
consultation were offered during the development of this decision, and
since all risk mitigation issues have been resolved, EPA does not plan
to request additional public comment on the 2,4-D RED. The Agency
therefore is issuing the 2,4-D RED without a comment period.
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 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 Federal Food, Drug, and Cosmetic Act (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: July 29, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 05-15605 Filed 8-4-05; 9:31 am]
BILLING CODE 6560-50-S