[Federal Register Volume 74, Number 221 (Wednesday, November 18, 2009)]
[Notices]
[Pages 59537-59538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27643]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2006-0145; FRL-8799-3]
Xylene; Addendum to the Reregistration Eligibility Decision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's decision to modify certain
provisions and risk mitigation measures that were specified in the 2005
Reregistration Eligibility Decision (RED) for the pesticide xylene, an
aquatic herbicide used in irrigation canals. EPA conducted this
reassessment of the xylene RED in response to comments received during
the public comment period. Based on new information received, and in a
continuing effort to mitigate risk, the Agency has made certain
modifications to the xylene RED.
FOR FURTHER INFORMATION CONTACT: Tracy L. Perry, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0128; fax
number: (703) 308-7070; e-mail address: [email protected].
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, farm worker 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?
EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0145. 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
Office of Pesticide Programs (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.
II. Background
A. What Action is the Agency Taking?
Section 4 of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) directs EPA to reevaluate existing pesticides to ensure
that they meet current scientific and regulatory standards. In 2005,
EPA issued a RED for xylene under section 4(g)(2)(A) of FIFRA. In
response to a notice of availability published in the Federal Register
of May 22, 2006 (71 FR 14511) (FRL-7766-3), the Agency received
substantive comments and information from commenters. The Agency's
response to comments is available for viewing in the docket. The
amended xylene RED reflects changes resulting from Agency consideration
of the comments received on provisions of the RED, as well as efforts
by the Agency to appropriately mitigate overall risk. The addendum to
the RED for xylene concludes EPA's reregistration eligibility decision-
making process for this pesticide.
The xylene addendum includes: A summary of additional usage
information provided by the Bureau of Reclamation and other
stakeholders; a summary of the conclusions from revised human health
risk assessments; Agency reconsideration of the need for removing the
existing exemption from a tolerance; the addition of an ecological data
requirement; revised ecological mitigation measures; and an updated
Label Table, which summarizes specific labeling language required on
product labels. Based on studies from the open literature and other
information, the Agency has determined that crops irrigated with
xylene-treated water may bear finite residues of xylene, albeit, at
very low levels. Therefore, it is appropriate to retain the existing
tolerance exemption for xylene to address any potential residues in
food. The Agency has determined, based on additional usage information
and revised assessments, that use of xylene does not present dermal
risks of concern for occupational workers. As the potential for
inhalation exposures to workers is uncertain at this time, given the
lack of data, the Agency is requiring additional personal protective
equipment (i.e., half-face respirator with an organic vapor-removing
cartridge) for workers who apply or otherwise handle xylene. In order
to mitigate potential
[[Page 59538]]
risks of concern for nontarget aquatic organisms, the Agency is
requiring that treated canal water either be used to irrigate crops or
be held for 96 hours prior to release into receiving water bodies. In
addition, as there are currently a limited number of aquatic herbicides
registered for use in irrigation canals, the Agency has determined that
xylene may continue to be used within all states identified under the
Bureau of Reclamation Act, provided that the appropriate state
registrations are also in place.
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.''
List of Subjects
Environmental protection, Pesticides and pests, xylene.
Dated: November 5, 2009.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. E9-27643 Filed 11-17-09; 8:45 am]
BILLING CODE 6560-50-S