Simazine Risk Assessments and Risk Reduction Options; Notice of Availability, 40345-40348 [05-13779]
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Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices
• Methods or actions taken to reduce
emissions (polyethylene tarps or soil
cap).
• Could high-density polyethylene
(HDPE) or high barrier tarps be used on
this crop?
• Time between treatment and next
production activity (e.g., time until
planting).
• Typical crops following the
fumigated crop (only if they benefit
from the fumigation).
• Regulatory restrictions in your area
on this fumigant or an alternative
fumigant (such as weather restrictions).
• Soil restrictions on this fumigant or
an alternative fumigant.
• Any restrictions or concerns about
minimum soil temperature, hilly terrain,
etc.
• Best available alternative (another
fumigant or strategy such as leaving
land fallow, etc.).
• Could the use of different fumigants
be alternated (e.g., metam sodium
followed by 1,3-D)? Specify how.
• Yield or quality impacts that are
likely to result from moving to best
available alternative (i.e., change in
commodity price or grade).
• Would moving to the next best
alternative impact key market windows?
How?
• Cost per acre of active ingredient.
• Cost per acre of other fumigation
inputs (e.g., tarps and equipment).
• Is there a crop budget available for
your area and crop?
• Do you know of any other contacts
or other sources of information for this
crop that could provide information on
acreage, prices, pests, etc.?
• 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
1,3-D, 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 of May 14, 2004 (69 FR 26819)
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(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. Although 1,3-D has
undergone reregistration, the Agency
plans to follow a similar public
participation process for the human
health risk assessment for 1,3-D to
ensure that human health risk
assessment approaches are consistent,
and that risk management decisions for
the five other soil fumigants consider
the relative risks and benefits of each
chemical. Using this approach, EPA
expects to address risks of concern for
the five other fumigants while
maintaining key use benefits. If, at the
conclusion of the soil fumigant
assessment and risk management
process, EPA determines that it is
appropriate to modify its 1998 risk
mitigation decision for 1,3-D
considering the relative risks and
benefits of the others, EPA may relax
certain measures or add new ones.
Comments should be limited to issues
raised within the risk assessment.
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 1,3-D.
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 reregistration,’’ before calling
in product-specific data on individual
end-use products and either
reregistering products or taking other
‘‘appropriate regulatory action.’’
1,3-D was deemed eligible for
reregistration in December 1998. EPA
has developed a human health risk
assessment for 1,3-D in order to make
available current and accurate
information on this pesticide which will
be discussed as EPA assesses risks and
develops risk management decisions,
including reregistration decisions, for
five other soil fumigants.
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40345
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. 05–13378 Filed 7–12–05; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[OPP–2005–0151; FRL–7724–9]
Simazine Risk Assessments and Risk
Reduction Options; Notice of
Availability
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Notice.
SUMMARY: This notice announces the
availability of EPA’s human health and
environmental fate and effects risk
assessments and related documents for
the chlorinated triazine pesticide
simazine, and opens a public comment
period on these documents. The public
is encouraged to suggest risk
management ideas or proposals to
address the risks identified. EPA is
developing an Interim Reregistration
Eligibility Decision (IRED) for simazine
through a modified, 4–Phase 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.
Comments, identified by docket
identification (ID) number OPP–2005–
0151, must be received on or before
September 12, 2005.
DATES:
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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Diane Sherman, 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–
0128 fax number: (703) 305–8041; email address: sherman.diane@epa.gov.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 70, No. 133 / Wednesday, July 13, 2005 / Notices
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–
0151. 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
https://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 https://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,
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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
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
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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 email 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 https://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–2005–0151. 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–
2005–0151. 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
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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–2005–0151.
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–2005–0151. 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.
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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 releasing for public comment
its human health and environmental
fate and effects risk assessments for
simazine, and soliciting public
comment on risk management ideas or
proposals. Simazine is a systemic
herbicide that is usually applied to soil,
absorbed through leaves and roots, and
acts by inhibiting photosynthesis within
the targeted plant. It is widely used as
a selective herbicide to control most
annual grasses and broadleaf weeds
before they emerge or after removal of
weed growth. The Agency developed
these risk assessments and the risk
characterization for simazine through a
modified version 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).
Simazine is a chlorinated triazine
class herbicide, a class which also
includes the pesticides atrazine and
propazine. Registered uses for simazine
include pre-plant use or use in
established fields of a variety of food
and feed crops including fruit and nut
crops in addition to field crops.
Nonagricultural uses for simazine
include application at forestry sites and
as nonselective weed control on
noncrop land. Simazine is also
registered for use on turfgrass, which
includes residential use on lawns. There
is an additional registration for simazine
as an algicide in ornamental ponds and
aquariums of 1,000 gallons or less. Enduse product formulations containing
simazine include granules, pellets, dry
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flowables, wettable powders,
emulsifiable concentrates, flowable
concentrates, and ready-to-use liquids.
These product formulations may be
applied on the ground by broadcast
across an area, as a spot treatment, or in
rows, which is also referred to as band
treatment. Some product formulations
can also be applied by aerial broadcast.
EPA is providing an opportunity,
through this notice, for interested
parties to provide comments and input
on the Agency’s risk assessments for
simazine. Such comments and input
could address, for example, the
availability of additional data to further
refine the risk assessments, such as
crop-specific or regional use
information, or could address the
Agency’s risk assessment methodologies
and assumptions as applied to this
specific pesticide.
Through this notice, EPA also is
providing an opportunity for interested
parties to provide risk management
proposals or otherwise comment on risk
management for simazine. The major
potential human health risks of concern
associated with the use of simazine
include the following for select use
scenarios and subpopulations: chronic
risks from dietary exposure from
drinking water, short-term risks from
dermal and inhalation residential
exposure, and short- and intermediateterm risks from dermal and inhalation
occupational exposure. The major
potential ecological risks of concern
include acute risks to aquatic and
terrestrial plants and chronic risks to
birds and mammals. Potential ecological
risks are also present for some Federally
listed threatened and endangered
species. A summary of these potential
risks of concern as well as specific
questions for which the Agency is
requesting public input, are provided in
a separate document available in the
simazine docket titled Request for
Additional Information and Risk
Management Suggestions for the
Reregistration of Simazine. In targeting
these risks of concern, the Agency
solicits information on effective and
practical risk reduction measures.
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
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simazine, 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, the Agency
is tailoring its public participation
process to be commensurate with the
level of risk, extent of use, complexity
of the issues, and degree of public
concern associated with each pesticide.
For simazine, a modified, 4–Phase
process with 1 comment period and
ample opportunity for public
consultation seems appropriate in view
of its refined risk assessments and the
relatively limited risk management
issues associated with simazine.
However, if as a result of comments
received during this comment period
EPA finds that additional issues
warranting further discussion are raised,
the Agency may lengthen the process
and include a second comment period,
as needed. The decisions presented in
the IRED may be supplemented by
further risk mitigation measures when
EPA considers its cumulative
assessment of the chlorinated triazine
pesticides.
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 simazine.
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
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.
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List of Subjects
Environmental protection, Pesticides
and pests.
Dated: July 7, 2005.
Peter Caulkins,
Acting Director, Special Review and
Reregistration Division, Office of Pesticide
Programs.
[FR Doc. 05–13779 Filed 7–12–05; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[OPP–2005–0188; FRL–7722–5]
Pesticide Emergency Exemptions;
Agency Decisions and State and
Federal Agency Crisis Declarations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: EPA has granted or denied
emergency exemptions under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) for use of
pesticides as listed in this notice. The
exemptions or denials were granted
during the period January 1, 2005 to
March 31, 2005 to control unforseen
pest outbreaks.
FOR FURTHER INFORMATION CONTACT: See
each emergency exemption or denial for
the name of a contact person. The
following information applies to all
contact persons: Team Leader,
Emergency Response Team, Registration
Division (7505C), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (703) 308–9366.
SUPPLEMENTARY INFORMATION: EPA has
granted or denied emergency
exemptions to the following State and
Federal agencies. The emergency
exemptions may take the following
form: Crisis, public health, quarantine,
or specific. EPA has also listed denied
emergency exemption requests in this
notice.
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111)
• Animal production (NAICS code
112)
• Food manufacturing (NAICS code
311)
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• Pesticide manufacturing (NAICS
code 32532)
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. To determine whether
you or your business may be affected by
this action, you should carefully
examine the applicability provisions
discussed above. 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 number
OPP–2005–0188. 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
https://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 https://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.
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
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]]>Agencies
[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Notices]
[Pages 40345-40348]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13779]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0151; FRL-7724-9]
Simazine Risk Assessments and Risk Reduction Options; Notice of
Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the availability of EPA's human health
and environmental fate and effects risk assessments and related
documents for the chlorinated triazine pesticide simazine, and opens a
public comment period on these documents. The public is encouraged to
suggest risk management ideas or proposals to address the risks
identified. EPA is developing an Interim Reregistration Eligibility
Decision (IRED) for simazine through a modified, 4-Phase 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.
DATES: Comments, identified by docket identification (ID) number OPP-
2005-0151, 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: Diane Sherman, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0128 fax number:
(703) 305-8041; e-mail address: sherman.diane@epa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 40346]]
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-2005-0151. 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 https://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 https://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
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 https://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-2005-0151. 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-2005-0151. 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
[[Page 40347]]
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-2005-0151.
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-2005-0151. 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 releasing for public comment its human health and
environmental fate and effects risk assessments for simazine, and
soliciting public comment on risk management ideas or proposals.
Simazine is a systemic herbicide that is usually applied to soil,
absorbed through leaves and roots, and acts by inhibiting
photosynthesis within the targeted plant. It is widely used as a
selective herbicide to control most annual grasses and broadleaf weeds
before they emerge or after removal of weed growth. The Agency
developed these risk assessments and the risk characterization for
simazine through a modified version 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).
Simazine is a chlorinated triazine class herbicide, a class which
also includes the pesticides atrazine and propazine. Registered uses
for simazine include pre-plant use or use in established fields of a
variety of food and feed crops including fruit and nut crops in
addition to field crops. Nonagricultural uses for simazine include
application at forestry sites and as nonselective weed control on
noncrop land. Simazine is also registered for use on turfgrass, which
includes residential use on lawns. There is an additional registration
for simazine as an algicide in ornamental ponds and aquariums of 1,000
gallons or less. End-use product formulations containing simazine
include granules, pellets, dry flowables, wettable powders,
emulsifiable concentrates, flowable concentrates, and ready-to-use
liquids. These product formulations may be applied on the ground by
broadcast across an area, as a spot treatment, or in rows, which is
also referred to as band treatment. Some product formulations can also
be applied by aerial broadcast.
EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's risk
assessments for simazine. Such comments and input could address, for
example, the availability of additional data to further refine the risk
assessments, such as crop-specific or regional use information, or
could address the Agency's risk assessment methodologies and
assumptions as applied to this specific pesticide.
Through this notice, EPA also is providing an opportunity for
interested parties to provide risk management proposals or otherwise
comment on risk management for simazine. The major potential human
health risks of concern associated with the use of simazine include the
following for select use scenarios and subpopulations: chronic risks
from dietary exposure from drinking water, short-term risks from dermal
and inhalation residential exposure, and short- and intermediate-term
risks from dermal and inhalation occupational exposure. The major
potential ecological risks of concern include acute risks to aquatic
and terrestrial plants and chronic risks to birds and mammals.
Potential ecological risks are also present for some Federally listed
threatened and endangered species. A summary of these potential risks
of concern as well as specific questions for which the Agency is
requesting public input, are provided in a separate document available
in the simazine docket titled Request for Additional Information and
Risk Management Suggestions for the Reregistration of Simazine. In
targeting these risks of concern, the Agency solicits information on
effective and practical risk reduction measures.
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
[[Page 40348]]
simazine, 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, the Agency is tailoring its public participation process to
be commensurate with the level of risk, extent of use, complexity of
the issues, and degree of public concern associated with each
pesticide. For simazine, a modified, 4-Phase process with 1 comment
period and ample opportunity for public consultation seems appropriate
in view of its refined risk assessments and the relatively limited risk
management issues associated with simazine. However, if as a result of
comments received during this comment period EPA finds that additional
issues warranting further discussion are raised, the Agency may
lengthen the process and include a second comment period, as needed.
The decisions presented in the IRED may be supplemented by further risk
mitigation measures when EPA considers its cumulative assessment of the
chlorinated triazine pesticides.
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
simazine. 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 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: July 7, 2005.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 05-13779 Filed 7-12-05; 8:45 am]
BILLING CODE 6560-50-S
