[Federal Register: August 8, 2007 (Volume 72, Number 152)]
[Notices]
[Page 44516-44518]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au07-63]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-0435; FRL-8133-7]
Ethyl Parathion; Proposal Not to Initiate the Special Review and
Tributyltin Antifoulants; Proposal to Terminate Special Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the Agency's intention not to initiate a
Special Review of Ethyl Parathion and its proposal to terminate the
Special Review of Tributyltin (TBT) used in antifouling paints. The
Agency is proposing these actions because all pesticide registrations
of ethyl parathion and all TBT antifouling paints are canceled.
DATES: Comments must be received on or before September 7, 2007.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0435, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0435. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. Although
listed in the index, some information is not publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either in the
electronic docket at http://www.regulations.gov, or, if only available
in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Richard P. Dumas, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8015; fax
number: (703) 308-8005; e-mail address: dumas.richard@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. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one
complete version of the comment that includes 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.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date, and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a
[[Page 44517]]
Code of Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
A. What Action is the Agency Taking?
1. Ethyl Parathion: On May 16, 1986, as required by 40 CFR 154.21,
EPA provided the registrants a preliminary notification that EPA was
considering initiating a Special Review of Ethyl Parathion. The basis
for the concern was acute toxicity to humans from oral and dermal
exposure and to birds from dietary and dermal exposures. In 1991, to
address the human health concerns, the registrants voluntarily canceled
many uses of ethyl parathion and imposed several mitigation measures
for the remaining nine uses.
In 2002, all products being manufactured for sale in the U.S. were
voluntarily canceled. However, four ethyl parathion product
registrations held by Drexel Chemical Company that had not been
manufactured for several years were not included in the 2002
cancellation actions. On March 16, 2005, Drexel Chemical Company
requested voluntary cancellation for the four registrations. The
cancellation of the four remaining ethyl parathion product
registrations was effective on December 13, 2006.
Under 40 CFR 154.23, the Administrator must provide his rationale
for not initiating a Special Review and provide an opportunity for
comment. Because there are no remaining product registrations, and thus
the risk concerns have been mitigated, EPA is proposing not to initiate
a Special Review for Ethyl Parathion. The public will have until
September 7, 2007 to comment on this proposal. Once comments are
reviewed, EPA will issue a notice in the Federal Register with its
final determination as to whether or not to initiate a Special Review
for Ethyl Parathion.
2. Tribuyltin Antifoulants: The Special Review of Tribuyltin
Antifoulants was initiated on January 8, 1986. Studies indicated
toxicity to non-target marine and fresh water organisms at low levels,
in some cases, at the parts per trillion level. On October 4, 1988, EPA
partially concluded the Special Review for Tributyltin Antifoulants (53
FR 390222-41). The Special Review was concluded except for the issue of
the release rates of TBT from antifoulant paints into the environment.
Since that time, all antifouling paint products containing TBT have
been voluntarily canceled. The last cancellation was effective on
December 1, 2005. Under 40 CFR 154.31, the Administrator must provide
his rationale for terminating a Special Review and provide an
opportunity for comment. Because there are no remaining pesticide
registrations for the antifouling paint use, EPA is proposing to
terminate the Special Review of Tributytin Anitfoulants. The public
will have until September 7, 2007 to comment on this proposal. Once
comments are reviewed, EPA will issue a notice in the Federal Register
with its final determination as to whether or not to terminate the
Special Review of Tributytin Antifoulants.
B. What is the Agency's Authority for Taking this Action?
A pesticide product may be sold or distributed in the United States
only if it is registered or exempt from registration under the Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA) as amended (7 U.S.C.
136 et seq.). Before a product can be registered it must be shown that
it can be used without causing ``unreasonable adverse effects on the
environment,'' FIFRA section 3(c)(5). The term ``unreasonable adverse
effects on the environment'' is defined in FIFRA section 2(bb) as ``any
unreasonable risk to man or the environment, taking into account the
economic, social, and environmental costs and benefits of the use of
any pesticide.'' The burden of proving that a pesticide meets this
standard for registration is, at all times, on the proponent of initial
or continued registration. If at any time the Agency determines that a
pesticide no longer meets this standard, the Administrator may cancel
this registration under section 6 of FIFRA.
The Special Review process provides a mechanism to permit public
participation in EPA's deliberations prior to issuance of any Notice of
Final Determination describing the regulatory action which the
Administrator has selected. The Special Review process, which was
previously called the Rebuttable Presumption Against Registration
(RPAR) process, is described in 40 CFR part 154, published in the
Federal Register of November 25, 1985 (50 FR 49015). The purpose of
this process is to determine whether some or all registrations of a
particular active ingredient or ingredients meet the FIFRA standard for
registration, or whether amendment of the terms and conditions of
registration or cancellation of portions or all of the registrations is
appropriate.
Prior to formal initiation of a Special Review, a preliminary
notification is sent to registrants and applicants for registration
pursuant to 40 CFR part 154.21 announcing that the Agency is
considering commencing a Special Review. Registrants and applicants for
registration are allowed 30 days from receipt of the notification to
comment on the Agency's proposal to commence a Special Review.
If the Agency determines, after issuance of a notification pursuant
to 40 CFR 154.21, that it will not conduct a Special Review, it is
required under 40 CFR 154.23(b) to issue a proposed decision to be
published in the Federal Register. The portion of this Notice
concerning ethyl parathion is being issued pursuant to 40 CFR
154.23(b). That regulation requires that a period of not less than 30
days be provided for public comment on the Proposed Decision Not to
Initiate a Special Review. Subsequent to receipt and evaluation of
comments on the Proposed Decision Not to Initiate a Special Review,
pursuant to 40 CFR 154.25 the Administrator must publish in the Federal
Register his final decision regarding whether or not to initiate a
Special Review.
If the Agency determines, after issuance of a notification pursuant
to 40 CFR 154.21, that it will initiate a Special Review, 40 CFR
154.23(c) requires the Administrator to publish a Notice of Special
Review in the Federal Register. To conclude the Special Review after a
Special Review has been initiated, 40 CFR 154.31 requires the
Administrator to first publish a Notice of Preliminary Determination in
the Federal Register. The portion of this Notice concerning the
Tributylin Antifoulants is being issued pursuant to 40 CFR 154.31. That
regulation requires the Administrator to respond to all significant
comments received on the Notice of Special Review and, among other
things, make a preliminary determination of whether any of the
applicable risk criteria have been satisfied. Finally, after receipt
and evaluation of comments on the Notice of Preliminary Determination,
40 CFR 154.33 requires that the Administrator
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publish in the Federal Register a Notice of Final Determination,
including the reasons for the determination.
List of Subjects
Environmental protection, Pesticides, Pests.
Dated: July 30, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E7-15110 Filed 8-7-07; 8:45 am]
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