[Federal Register Volume 75, Number 101 (Wednesday, May 26, 2010)]
[Notices]
[Pages 29534-29536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12591]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0434; FRL-8826-6]
Inorganic Nitrates-Nitrite, Carbon and Carbon Dioxide, and Sulfur
Registration Review; Draft Ecological Risk Assessment and Endangered
Species Effects Determination; Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the availability of EPA's draft
ecological risk assessment for the registration review of inorganic
nitrates - nitrites, carbon and carbon dioxide, and gas cartridge uses
of sulfur, and opens a public comment period on this document. Comments
and input may address, among other things, the Agency's risk assessment
methodologies and assumptions, as applied to this draft risk
assessment. Interested parties may also provide suggestions for
mitigation of the risk identified in the draft ecological risk
assessment. As part of the registration review process, the Agency has
completed a comprehensive draft ecological risk assessment, including
an endangered species assessment that identifies those species for
which exposure and effects may occur for all inorganic nitrates-
nitrites, carbon and carbon dioxide uses, as well as gas cartridge uses
of sulfur. The risk assessment includes a species specific analysis and
effects determination on 3 of 11 species found in the San Francisco Bay
area that are listed as endangered or threatened under the Endangered
Species Act (ESA). Concurrent with this public comment opportunity, EPA
is initiating informal consultation with the U.S. Fish and Wildlife
Service. After reviewing comments received during this public comment
period, EPA will issue a revised risk assessment, explain any changes
to the draft risk assessment, and respond to comments. The Agency may
request further public input on risk mitigation before developing a
proposed registration review decision for inorganic nitrates -
nitrites, carbon and carbon dioxide, and sulfur. After a revised risk
assessment is completed, EPA will also initiate further consultation,
as needed, when appropriate, with the U.S. Fish and Wildlife Service
regarding potential risks to federally listed threatened or endangered
species and their designated critical habitat.
DATES: Comments must be received on or before July 26, 2010.
ADDRESSES: The mailing address for each Chemical Review Manager listed
in the table in Unit II. is: Pesticide Re-evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001. Submit your comments
identified by the docket identification (ID) number for the specific
pesticide of interest provided in the table in Unit II. by one of the
methods listed below:
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 Facility'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 the docket ID numbers listed
in the table in Unit II. for the pesticides you are commenting on.
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
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 at http://www.regulations.gov. 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: For pesticide specific information
contact: The Chemical Review Manager identified in the table in Unit
II. for the pesticide of interest.
For general questions on the registration review program, contact:
Kevin Costello, Pesticide Re-evaluation Division (7508P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; telephone number: (703) 305-5026;
fax number: (703) 308-8090; 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
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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 appropriate Chemical Review Manager
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 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.
3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, 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 or disproportionately high and adverse human
health impacts or environmental effects from exposure to the
pesticide(s) discussed in this document, compared to the general
population.
II. Authority
EPA is conducting its registration review of inorganic nitrates -
nitrites, carbon and carbon dioxide, and sulfur pursuant to section
3(g) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
and the Procedural Regulations for Registration Review at 40 CFR part
155, subpart C. Section 3(g) of FIFRA provides, among other things,
that the registrations of pesticides are to be reviewed every 15 years.
Under FIFRA, a pesticide product may be registered or remain registered
only if it meets the statutory standard for registration given in FIFRA
section 3(c)(5). When used in accordance with widespread and commonly
recognized practice, the pesticide product must perform its intended
function without unreasonable adverse effects on the environment; that
is, without any unreasonable risk to man or the environment, or a human
dietary risk from residues that result from the use of a pesticide in
or on food.
The pesticides that are the subject of this notice and the Chemical
Review Managers are listed in the following table:
Table--Pesticides Available for Registration Review
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Chemical Review
Manager, Telephone
Docket ID Number Pesticide name Number, fax
number, E-mail
Address
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EPA-HQ-OPP-2007-1118 Inorganic Eric Miederhoff
nitrates--nitrite (703) 347-8028
s (703) 308-7070
[email protected].
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EPA-HQ-OPP-2007-0705 Carbon and carbon Carissa Cyran
dioxide (703) 347-8781
(703) 308-7070
[email protected]
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EPA-HQ-OPP-2008-0176 Sulfur Jose Gayoso
(703) 347-8652
(703) 308-7070
[email protected]
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III. Registration Reviews
A. What Action is the Agency Taking?
As directed by FIFRA section 3(g), EPA is reviewing the pesticide
registrations for inorganic nitrates - nitrites, carbon and carbon
dioxide, and sulfur to ensure they continue to satisfy the FIFRA
standard for registration--that is, that inorganic nitrates - nitrites,
carbon and carbon dioxide, and sulfur can still be used without
unreasonable adverse effects on human health or the environment.
Inorganic nitrates - nitrites, carbon and carbon dioxide are active
ingredients and are mixed in some cases with sulfur, to create fumigant
gas cartridges which release toxic fumes after ignition. These gas
producing cartridges are placed in animal burrows to control small
mammal pests. EPA has completed a comprehensive draft ecological risk
assessment, including an endangered species assessment, for all
inorganic nitrate - nitrite, carbon and carbon dioxide uses, as well as
gas cartridge
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uses of sulfur. All other uses of sulfur will be included in the
upcoming ecological risk assessment for the registration review of
sulfur, docket EPA-HQ-OPP-2008-0176. The risk assessment includes a
species specific analysis and effects determination of the cartridges
on 3 of 11 species found in the San Francisco Bay area that are listed
as endangered or threatened under the Endangered Species Act (ESA).
These species specific effects determinations were conducted in
response to litigation brought against EPA by the Center for Biological
Diversity in the United States District Court for the Northern District
of California (Civ. No. 07-2794-JSC) where sodium nitrate and potassium
nitrate were alleged to be of concern.
Pursuant to 40 CFR 155.53(c), EPA is providing an opportunity,
through this notice of availability, for interested parties to provide
comments and input concerning the Agency's draft ecological risk
assessment for inorganic nitrates - nitrites, carbon and carbon
dioxide, and gas cartridge uses of sulfur. Such comments and input
could address, among other things, the Agency's risk assessment
methodologies and assumptions, as applied to this draft risk
assessment. Interested parties may also provide suggestions for
mitigation of the risk identified in the draft ecological risk
assessment.
Concurrent with this public comment opportunity, EPA is initiating
informal consultation with the U.S. Fish and Wildlife Service for
purposes of validating the list of potentially affected species, to
identify the geographic areas in which each species may reside, and to
assist EPA in determining how best to assemble information on the
baseline status of each species. The ESA regulations provide for two
types of consultation; formal and informal. Informal consultation is an
optional process that includes discussions, correspondence, etc.
between the Services and a Federal agency or a designated non-Federal
representative (NFR) to determine whether a Federal action is likely to
have an adverse effect on listed species or critical habitat. During
informal consultation the Services may suggest modifications to the
action that a Federal agency, permit applicant or non-Federal
representative could implement to avoid likely adverse effects to
listed species or critical habitat. If adverse effects are likely and
those effects cannot be addressed through informal consultation, then
formal consultation generally occurs. The Agency will consider all
comments received during the public comment period and make changes, as
appropriate, to the draft ecological risk assessment. EPA will then
issue a revised risk assessment, explain any changes to the draft risk
assessment, and respond to comments. EPA will also, at that time,
initiate further consultation, as needed, when appropriate, with the
U.S. Fish and Wildlife Service regarding potential risks to federally
listed threatened or endangered species and their designated critical
habitat. In the Federal Register notice announcing the availability of
the revised risk assessment, if the revised risk assessment indicates
risks of concern, the Agency may provide an additional comment period
for the public to submit suggestions for mitigating the risk identified
in the revised risk assessment before developing proposed registration
review decisions on inorganic nitrates - nitrites, carbon and carbon
dioxide, and sulfur.
B. Docket Content
As described in detail in the Inorganic Nitrate-Nitrite Summary
Document (see docket ID number EPA-HQ-OPP-2007-1118), Carbon and Carbon
Dioxide Summary Document (see docket ID number EPA-HQ-OPP-2007-0705)
the Agency believes that the human health risk assessments completed
prior to registration review are adequate, and there are no human
health risks that exceed the Agency's level of concern. Thus, no
additional human health data are expected to be needed for the
registration review of inorganic nitrates - nitrites, carbon and carbon
dioxide. In the Sulfur Summary Document (see docket ID number EPA-HQ-
OPP-2008-0176) the Agency stated that revised occupational and
residential exposure human health assessments for sulfur should be
conducted in registration review. These human health assessments are
still anticipated for all uses of sulfur, including the cartridge use,
and will be included in the upcoming registration review risk
assessment.
1. Other related information. Additional information on inorganic
nitrates - nitrites is available on the Pesticide Registration Review
Status webpage for this pesticide, http://www.epa.gov/oppsrrd1/registration_review/inorganic_nitrate/index.htm. Additional
information on carbon and carbon dioxide is available on the Pesticide
Registration Review Status webpage for this pesticide, http://www.epa.gov/oppsrrd1/registration_review/carbon/index.htm. Additional
information on sulfur is available on the Pesticide Registration Review
Status webpage for this pesticide, http://www.epa.gov/oppsrrd1/registration_review/sulfur/index.htm. Information on the Agency's
registration review program and its implementing regulation is
available at http://www.epa.gov/oppsrrd1/registration_review.
2. Information submission requirements. Anyone may submit data or
information in response to this document. To be considered during a
pesticide's registration review, the submitted data or information must
meet the following requirements:
To ensure that EPA will consider data or information
submitted, interested persons must submit the data or information
during the comment period. The Agency may, at its discretion, consider
data or information submitted at a later date.
The data or information submitted must be presented in a
legible and useable form. For example, an English translation must
accompany any material that is not in English and a written transcript
must accompany any information submitted as an audiographic or
videographic record. Written material may be submitted in paper or
electronic form.
Submitters must clearly identify the source of any
submitted data or information.
Submitters may request the Agency to reconsider data or
information that the Agency rejected in a previous review. However,
submitters must explain why they believe the Agency should reconsider
the data or information in the pesticide's registration review.
As provided in 40 CFR 155.58, the registration review docket for
each pesticide case will remain publicly accessible through the
duration of the registration review process; that is, until all actions
required in the final decision on the registration review case have
been completed.
List of Subjects
Environmental protection, Pesticides and pests, Inorganic nitrates-
-nitrites, Carbon and carbon dioxide, Sulfur.
Dated: May 17, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2010-12591 Filed 5-25-10; 8:45 am]
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