Organic Arsenic Herbicides Risk Assessments; Notice of Availability and Risk Reduction Options, 17093-17095 [E6-4838]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Notices
encouraged to attend the meetings and
participate as appropriate.
This action is directed to the public
in general, and may be of particular
interest to those persons who are or may
be required to conduct testing of
chemical substances under the Federal
Food, Drug and Cosmetic Act (FFDCA),
or the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA).
Dated: March 23, 2006.
William R. Diamond,
Director, Field and External Affairs Division,
Office of Pesticide Programs.
[FR Doc. E6–4846 Filed 4–4–06; 8:45 am]
B. How Can I Get Copies of this
Document and Other Related
Information?
[EPA–HQ–OPP–2006–0201; FRL–7768–8]
1. Docket. EPA has established a
docket for this action under Docket
identification number (ID) EPA–HQ–
OPP–2006–0273; FRL–7771–6. Publicly
available docket materials are available
either electronically at https://
www.regulations.gov or in hard copy at
the Public Information and Records
Integrity Branch (PIRIB), Rm. 119,
Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA. The Docket Facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Docket Facility 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/.
wwhite on PROD1PC61 with NOTICES
II. Tentative Agenda
1. Protecting Water Quality from
Pesticides: Opportunities for StateFederal Partnerships.
2. U.S. Geological Survey National
Water Quality Assessment Report on
Pesticides in Streams and Ground
Water.
3. Prioritizing Ambient Water Criteria
for Pesticides.
4. Endangered Species and Pesticide
Water Quality Issues.
5. Pesticide-Impaired Water Bodies.
6. Pesticide Degradates.
7. EPA Water Quality Performance
Measures.
8. Water Quality & Pesticide Disposal
Working Committee Workgroups Issue
Papers/Updates.
9. FIFRA/CWA: Court Cases, USEPA
Proposed Rule.
10. Water Quality Pesticide
Regulatory Education Program Course.
11. Pesticide Recycling Survey.
12. EPA Update/Briefing:
a. Office of Pesticide Programs
Update.
b. Office of Enforcement Compliance
Assurance Update.
List of Subjects
Environmental protection,
Endangered species, Pesticides and
pests, Recycling, Water quality.
VerDate Aug<31>2005
16:10 Apr 04, 2006
Jkt 208001
[BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
Organic Arsenic Herbicides Risk
Assessments; Notice of Availability
and Risk Reduction Options
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
availability of EPA’s risk assessments
and related documents for the pesticides
monosodium methanearsonate (MSMA),
disodium methanearsonate (DSMA),
calcium acid methanearsonate (CAMA),
and cacodylic acid, collectively referred
to as the ‘‘organic arsenic herbicides,’’
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 a
Reregistration Eligibility Decision (RED)
for the organic arsenic herbicides
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 must be received on
or before June 5, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2006–0201, by
one of the following methods:
• https://www.regulations.gov/.
Follow the on-line instructions for
submitting comments.
• Mail: Public Information and
Records Integrity Branch (PIRIB)
(7502C), Office of Pesticide Programs
(OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001.
Hand Delivery: Public Information
and Records Integrity Branch (PIRIB)
(7502C), Office of Pesticide Programs
(OPP), Environmental Protection
Agency, Rm. 119, Crystal Mall #2, 1801
S. Bell St., Arlington, VA.
Attention: Docket ID number EPA–
HQ–OPP–2006–0201. The docket
facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
17093
holidays. The telephone number for the
docket facility is (703) 305–5805. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2006–
0201. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available on-line at https://
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 email. 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 captured automatically and
included as part of the comment that is
placed in the public 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. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/docket.htm/.
Docket: All documents in the docket
are listed in the regulation.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically at https://
www.regulations.gov/ or in hard copy at
the Public Information and Records
Integrity Branch (PIRIB) (7502C), Office
of Pesticide Programs (OPP),
Environmental Protection Agency, Rm.
119, Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA. The docket facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
E:\FR\FM\05APN1.SGM
05APN1
17094
Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Notices
holidays. The telephone number for the
docket facility is (703) 305– 5805.
FOR FURTHER INFORMATION CONTACT:
Lance Wormell, Special Review and
Reregistration Division (7508C), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 603–
0523; fax number: (703) 308–8041; email address:wormell.lance@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.
wwhite on PROD1PC61 with NOTICES
B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through https://
www.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
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.
VerDate Aug<31>2005
18:34 Apr 04, 2006
Jkt 208001
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
suggestalternatives.
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?
EPA is releasing for public comment
its human health and environmental
fate and effects risk assessments and
related documents for the organic
arsenic herbicides MSMA, DSMA,
CAMA, and cacodylic acid and is
soliciting public comment on risk
management ideas or proposals. MSMA
and DSMA are selective herbicides used
primarily for weed control in cotton and
ornamental/residential turf. CAMA is a
selective herbicide used in residential
turf. Cacodylic acid is a non-selective
herbicide used primarily as a defoliant
in cotton and in lawn renovation. EPA
developed the risk assessments and risk
characterization for the organic arsenic
herbicides 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).
MSMA and DSMA are selective preand post-emergence herbicides used on
cotton, non-bearing citrus and nuts, golf
courses, and recreational areas
including schoolyards, lawns, and
rights-of-way. CAMA is a selective postemergence herbicide registered for use
on golf courses, and recreational areas
including schoolyards, lawns, and
rights-of-way. CAMA has no registered
food uses. Cacodylic acid is a defoliant
(non-selective) used primarily on cotton
and, to a much lesser extent, on nonbearing citrus. There are also nonagricultural uses (e.g., golf courses,
recreational areas, rights-of-way) and
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
residential uses (e.g., weed control,
lawn renovation).
EPA is providing an opportunity,
through this notice, for interested
parties to provide comments and input
on the Agency’s risk assessments for the
organic arsenic herbicides. Such
comments and input could address, for
example, the availability of additional
data to further refine the risk
assessments, such as speciated soil or
water monitoring data, 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 the organic arsenic
herbicides. Risks potentially of concern
associated with the use of the organic
arsenic herbicides are: certain
occupational and residential postapplication exposure scenerios; the
potential for applied organic arsenic
herbicides to transform to inorganic
arsenic in soil, water, and/or plants; the
potential for applied organic arsenic
herbicides to buildup in soil; the
potential for applied organic arsenic
herbicides to reach drinking water
sources. 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 the
organic arsenic herbicides, 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 the organic arsenic herbicides, a
modified, 4-Phase process with 1
E:\FR\FM\05APN1.SGM
05APN1
Federal Register / Vol. 71, No. 65 / Wednesday, April 5, 2006 / Notices
comment period and ample opportunity
for public consultation seems
appropriate in view of its refined risk
assessments.
All comments should be submitted
using the methods in ADDRESSES, and
must be received by EPA on or before
the closing date. Comments will become
part of the Agency Docket for the
organic arsenic herbicides. 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 enduse 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: March 23, 2006.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E6–4838 Filed 4–4–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2006–0189–FRL–7769–3]
Pesticide Product; Registration
Applications
Environmental Protection
Agency (EPA).
ACTION: Notice.
wwhite on PROD1PC61 with NOTICES
AGENCY:
SUMMARY: This notice announces receipt
of applications to register pesticide
products containing a new active
ingredient, Quillaja Saponaria Extract,
not included in any previously
registered products pursuant to the
provisions of section 3(c)(4) of the
VerDate Aug<31>2005
18:34 Apr 04, 2006
Jkt 208001
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended.
DATES: Comments must be received on
or before May 5, 2006.
ADDRESS: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2006–0189, by
one of the following methods:
• https://www.regulations.gov/.
Follow the on-line instructions for
submitting comments.
• Mail. Public Information and
Records Integrity Branch (PIRIB)
(7502C), Office of Pesticide Programs
(OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001.
Hand delivery. Public Information
and Records Integrity Branch (PIRIB)
(7502C), Office of Pesticide Programs
(OPP), Environmental Protection
Agency, Rm. 119, Crystal Mall #2, 1801
S. Bell St., Arlington, VA, Attention:
Docket ID number EPA–HQ–OPP–2006–
0189. The docket facility is open from
8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the docket facility
is (703) 305–5805. Such deliveries are
only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions. Direct your comments to
docket ID number EPA–HQ–OPP–2006–
0189. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available on-line at https://
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 email. 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 captured automatically and
included as part of the comment that is
placed in the public 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
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
17095
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. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/docket.htm/.
Docket. All documents in the docket
are listed in the regulation.gov index.
Although, listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically at https://
www.regulations.gov/ or in hard copy at
the Public Information and Records
Integrity Branch (PIRIB) (7502C), Office
of Pesticide Programs (OPP),
Environmental Protection Agency, Rm.
119, Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA. The docket facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
docket facility is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Driss Benmhend, Biopesticides and
Pollution Prevention Division (7511C),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9525; e-mail address:
benmhend.driss@epa.gov.
SUPPLEMENTARY INFORMATION:
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).
• 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. If you have any
questions regarding the applicability of
E:\FR\FM\05APN1.SGM
05APN1
]]>Agencies
[Federal Register Volume 71, Number 65 (Wednesday, April 5, 2006)]
[Notices]
[Pages 17093-17095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4838]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2006-0201; FRL-7768-8]
Organic Arsenic Herbicides Risk Assessments; Notice of
Availability and Risk Reduction Options
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the availability of EPA's risk
assessments and related documents for the pesticides monosodium
methanearsonate (MSMA), disodium methanearsonate (DSMA), calcium acid
methanearsonate (CAMA), and cacodylic acid, collectively referred to as
the ``organic arsenic herbicides,'' 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 a
Reregistration Eligibility Decision (RED) for the organic arsenic
herbicides 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 must be received on or before June 5, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0201, by one of the following methods:
https://www.regulations.gov/. Follow the on-line
instructions for submitting comments.
Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
Hand Delivery: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
Arlington, VA.
Attention: Docket ID number EPA-HQ-OPP-2006-0201. The docket
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the docket facility
is (703) 305-5805. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0201. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at https://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 captured automatically and included as part
of the comment that is placed in the public 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. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/docket.htm/.
Docket: All documents in the docket are listed in the
regulation.gov index. Although listed in the index, some information is
not publicly available, i.e., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically at
https://www.regulations.gov/ or in hard copy at the Public Information
and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA. The docket facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
[[Page 17094]]
holidays. The telephone number for the docket facility is (703) 305-
5805.
FOR FURTHER INFORMATION CONTACT: Lance Wormell, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 603-0523; fax
number: (703) 308-8041; e-mail address:wormell.lance@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
https://www.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 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
suggestalternatives.
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?
EPA is releasing for public comment its human health and
environmental fate and effects risk assessments and related documents
for the organic arsenic herbicides MSMA, DSMA, CAMA, and cacodylic acid
and is soliciting public comment on risk management ideas or proposals.
MSMA and DSMA are selective herbicides used primarily for weed control
in cotton and ornamental/residential turf. CAMA is a selective
herbicide used in residential turf. Cacodylic acid is a non-selective
herbicide used primarily as a defoliant in cotton and in lawn
renovation. EPA developed the risk assessments and risk
characterization for the organic arsenic herbicides 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).
MSMA and DSMA are selective pre- and post-emergence herbicides used
on cotton, non-bearing citrus and nuts, golf courses, and recreational
areas including schoolyards, lawns, and rights-of-way. CAMA is a
selective post-emergence herbicide registered for use on golf courses,
and recreational areas including schoolyards, lawns, and rights-of-way.
CAMA has no registered food uses. Cacodylic acid is a defoliant (non-
selective) used primarily on cotton and, to a much lesser extent, on
non-bearing citrus. There are also non-agricultural uses (e.g., golf
courses, recreational areas, rights-of-way) and residential uses (e.g.,
weed control, lawn renovation).
EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's risk
assessments for the organic arsenic herbicides. Such comments and input
could address, for example, the availability of additional data to
further refine the risk assessments, such as speciated soil or water
monitoring data, 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 the organic arsenic herbicides. Risks
potentially of concern associated with the use of the organic arsenic
herbicides are: certain occupational and residential post-application
exposure scenerios; the potential for applied organic arsenic
herbicides to transform to inorganic arsenic in soil, water, and/or
plants; the potential for applied organic arsenic herbicides to buildup
in soil; the potential for applied organic arsenic herbicides to reach
drinking water sources. 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 the organic arsenic
herbicides, 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 the organic arsenic herbicides, a modified, 4-Phase
process with 1
[[Page 17095]]
comment period and ample opportunity for public consultation seems
appropriate in view of its refined risk assessments.
All comments should be submitted using the methods in ADDRESSES,
and must be received by EPA on or before the closing date. Comments
will become part of the Agency Docket for the organic arsenic
herbicides. 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: March 23, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-4838 Filed 4-4-06; 8:45 am]
BILLING CODE 6560-50-S
