Propylene Oxide (PPO) Reregistration Eligibility Decision; Notice of Availability, 45555-45557 [E6-12897]
Download as PDF
Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Notices
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.
II. Background
jlentini on PROD1PC65 with NOTICES
A. What Action is the Agency Taking?
Under section 4 of the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA), EPA is reevaluating
existing pesticides to ensure that they
meet current scientific and regulatory
standards. EPA has completed a RED for
the pesticides MSMA, DSMA, CAMA,
and cacodylic acid under section
4(g)(2)(A) of FIFRA. MSMA, DSMA,
CAMA, and cacodylic acid were first
registered in the United States for use as
herbicides in the 1950s (DSMA) and
1960s (MSMA, CAMA, and cacodylic
acid). MSMA and DSMA are herbicides
registered for weed control on cotton,
for turf grass and lawns, and under
trees, vines, and shrubs. CAMA is an
herbicide registered for post-emergent
weed control on lawns. Cacodylic acid
is a defoliant and herbicide registered
for weed control under non-bearing
citrus trees, around buildings and
sidewalks, and for lawn renovation.
EPA has determined that the database to
support reregistration is substantially
complete and that all products
containing MSMA, DSMA, CAMA, and
cacodylic acid are not eligible for
reregistration.
EPA must review tolerances and
tolerance exemptions that were in effect
when the Food Quality Protection Act
(FQPA) was enacted in August 1996, to
ensure that these existing pesticide
residue limits for food and feed
commodities meet the safety standard
established by the new law. Tolerances
VerDate Aug<31>2005
19:05 Aug 08, 2006
Jkt 208001
are considered reassessed once the
safety finding has been made or a
revocation occurs. EPA has reviewed
and cannot make the requisite safety
finding for the MSMA, DSMA, and
cacodylic acid tolerances.
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, 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. Due to its uses,
risks, and other factors, the organic
arsenical herbicides were reviewed
through the modified 4-Phase process.
Through this process, EPA worked
extensively with stakeholders and the
public to reach the regulatory decisions
for MSMA, DSMA, CAMA, and
cacodylic acid.
The reregistration program is being
conducted under Congressionally
mandated time frames, and EPA
recognizes the need both to make timely
decisions and to involve the public. The
Agency is issuing the MSMA, DSMA,
CAMA, and cacodylic acid RED for
public comment. This comment period
is intended to provide an additional
opportunity for public input. All
comments should be submitted using
the methods in ADDRESSES, and must be
received by EPA on or before the closing
date. These comments will become part
of the Agency Docket for the organic
arsenical herbicides. Comments
received after the close of the comment
period will be marked ‘‘late.’’ EPA is not
required to consider these late
comments.
The Agency will carefully consider all
comments received by the closing date
and any significant comments will be
addressed and communicated through a
Response to Comments Memorandum in
the Docket and https://
www.regulations.gov. If any comment
significantly affects the decision, EPA
also will publish an amendment to the
RED in the Federal Register. In the
absence of substantive comments
requiring changes, the MSMA, DSMA,
CAMA, and cacodylic acid RED will be
implemented as it is now presented.
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,
PO 00000
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Fmt 4703
Sfmt 4703
45555
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 Federal Food,
Drug, and Cosmetic Act (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: August 1, 2006.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E6–12905 Filed 8–8–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2005–0253; FRL–8066–9]
Propylene Oxide (PPO) Reregistration
Eligibility Decision; Notice of
Availability
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
availability of EPA’s Reregistration
Eligibility Decision (RED) for the
pesticide propylene oxide (PPO), and
opens a public comment period on this
document. This comment period is
intended to provide an additional
opportunity for public input; in
particular, the Agency is seeking
comments regarding what additional
measures, beyond emission control
techniques, are available to protect
bystanders from unsafe exposure to PPO
resulting from use in vacuum-sealed
pressurized chambers. The Agency’s
risk assessments and other related
documents also are available in the PPO
docket. PPO is an insecticidal fumigant/
sterilant used both to control bacteria
contamination, mold contamination,
insect infestations, and microbial
spoilage of food products as well as to
control stored product insects in
nonfood products. PPO is registered for
use on several food items such as
processed spices, cocoa (beans and
E:\FR\FM\09AUN1.SGM
09AUN1
jlentini on PROD1PC65 with NOTICES
45556
Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Notices
powder), and in-shell and processed
nutmeats (except peanuts). PPO also has
nonfood uses for cosmetic articles,
gums, ores, packaging, pigments,
pharmaceutical materials, and discarded
nutshells prior to disposal. EPA has
reviewed PPO through the 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 October 10, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2005–0253, by
one of the following methods:
• Federal eRulemaking Portal: https://
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 Building), 2777 S.
Crystal Drive, Arlington, VA. Deliveries
are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays). Special
arrangements should be made for
deliveries of boxed information. The
Docket telephone number is (703) 3055805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2005–
0253. EPA’s policy is that all comments
received will be included in the 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 Federal regulations.gov
website is an ‘‘anonymous access’’
system, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
e-mail comment directly to EPA without
going through regulations.gov, your email 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
VerDate Aug<31>2005
19:05 Aug 08, 2006
Jkt 208001
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. 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 https://
www.regulations.gov,or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400,
One Potomac Yard (South Building),
2777 S. Crystal Drive, 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 telephone number
is (703) 305-5805.
Eric
Olson, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001;
telephone number: (703) 308-8067; fax
number: (703) 308-8005; e-mail address:
olson.eric@epa.gov.
FOR FURTHER INFORMATION CONTACT:
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.
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
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.
II. Background
A. What Action is the Agency Taking?
Under section 4 of the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA), EPA is reevaluating
existing pesticides to ensure that they
meet current scientific and regulatory
standards. EPA has completed a
Reregistration Eligibility Decision (RED)
for the pesticide, PPO under section
4(g)(2)(A) of FIFRA. PPO is an
insecticidal fumigant/sterilant used both
to control bacteria contamination, mold
contamination, insect infestations, and
E:\FR\FM\09AUN1.SGM
09AUN1
jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Notices
microbial spoilage of food products as
well as to control stored product insects
in nonfood products. PPO is registered
for use on several food items such as
processed spices, cocoa (beans and
powder), and in-shell and processed
nutmeats (except peanuts). PPO also has
nonfood uses for cosmetic articles,
gums, ores, packaging, pigments,
pharmaceutical materials, and discarded
nutshells prior to disposal. EPA has
determined that the data base to support
reregistration is substantially complete
and that products containing PPO are
eligible for reregistration provided the
risks are mitigated in the manner
described in the RED. Upon submission
of any required product-specific data
under section 4(g)(2)(B) and any
necessary changes to the registration
and labeling (either to address concerns
identified in the RED or as a result of
product-specific data), EPA will make a
final reregistration decision under
section 4(g)(2)(C) for products
containing PPO.
EPA must review tolerances and
tolerance exemptions that were in effect
when the Food Quality Protection Act
(FQPA) was enacted in August 1996, to
ensure that these existing pesticide
residue limits for food and feed
commodities meet the safety standard
established by the new law. Tolerances
are considered reassessed once the
safety finding has been made or a
revocation occurs. EPA has reviewed
and made the requisite safety finding for
the PPO tolerances.
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, 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. Due to its uses,
risks, and other factors, PPO was
reviewed through the modified 4-Phase
process. Through this process, EPA
worked extensively with stakeholders
and the public to reach the regulatory
decisions for PPO.
The reregistration program is being
conducted under Congressionally
mandated time frames, and EPA
recognizes the need both to make timely
decisions and to involve the public. The
Agency is issuing the PPO RED for
public comment. This comment period
is intended to provide an additional
opportunity for public input and a
VerDate Aug<31>2005
19:05 Aug 08, 2006
Jkt 208001
mechanism for initiating any necessary
amendments to the RED. In order to
protect bystanders, the RED requires
emission control technologies, such as
scrubbers or acid bubblers, which
achieve a performance standard of 99%
emission reduction of PPO from
vacuum-sealed pressurized chambers.
However, the Agency is also interested
in receiving comments describing other
means to protect bystanders from this
use. All comments should be submitted
using the methods in ADDRESSES, and
must be received by EPA on or before
the closing date. These comments will
become part of the Agency Docket for
PPO. Comments received after the close
of the comment period will be marked
‘‘late.’’ EPA is not required to consider
these late comments.
The Agency will carefully consider all
comments received by the closing date
and will provide a Response to
Comments Memorandum in the Docket
and regulations.gov. If any comment
significantly affects the document, EPA
also will publish an amendment to the
RED in the Federal Register. In the
absence of substantive comments
requiring changes, the PPO RED will be
implemented as it is now presented.
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 productspecific data on individual end-use
products and either reregistering
products or taking other ‘‘appropriate
regulatory action.’’
Section 408(q) of the Federal Food,
Drug, and Cosmetic Act (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: August 1, 2006.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E6–12897 Filed 8–8–06; 8:45 am]
BILLING CODE 6560–50–S
PO 00000
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Fmt 4703
Sfmt 4703
45557
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2006–0585; FRL–8082–6]
Pesticide Products; Registration
Applications
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces receipt
of applications to register pesticide
products containing new active
ingredients not included in any
previously registered products pursuant
to the provisions of section 3(c)(4) of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended.
DATES: Comments must be received on
or before September 8, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2006–0585, by
one of the following methods:
• Federal eRulemaking Portal: https://
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 Building), 2777 S.
Crystal Drive, Arlington, VA. Deliveries
are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays). Special
arrangements should be made for
deliveries of boxed information. The
Docket telephone number is (703) 305–
5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2006–
0585. EPA’s policy is that all comments
received will be included in the 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 https://
www.regulations.gov or E-mail. The
Federal https://www.regulations.gov Web
site 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
E:\FR\FM\09AUN1.SGM
09AUN1
Agencies
[Federal Register Volume 71, Number 153 (Wednesday, August 9, 2006)]
[Notices]
[Pages 45555-45557]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12897]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2005-0253; FRL-8066-9]
Propylene Oxide (PPO) Reregistration Eligibility Decision; Notice
of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (RED) for the pesticide propylene oxide (PPO), and
opens a public comment period on this document. This comment period is
intended to provide an additional opportunity for public input; in
particular, the Agency is seeking comments regarding what additional
measures, beyond emission control techniques, are available to protect
bystanders from unsafe exposure to PPO resulting from use in vacuum-
sealed pressurized chambers. The Agency's risk assessments and other
related documents also are available in the PPO docket. PPO is an
insecticidal fumigant/sterilant used both to control bacteria
contamination, mold contamination, insect infestations, and microbial
spoilage of food products as well as to control stored product insects
in nonfood products. PPO is registered for use on several food items
such as processed spices, cocoa (beans and
[[Page 45556]]
powder), and in-shell and processed nutmeats (except peanuts). PPO also
has nonfood uses for cosmetic articles, gums, ores, packaging,
pigments, pharmaceutical materials, and discarded nutshells prior to
disposal. EPA has reviewed PPO through the 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 October 10, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0253, by one of the following methods:
Federal eRulemaking Portal: https://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
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0253. EPA's policy is that all comments received will be included
in the 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 Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index.
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 https://
www.regulations.gov,or, if only available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, 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 telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Eric Olson, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8067; fax
number: (703) 308-8005; e-mail address: olson.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
A. What Action is the Agency Taking?
Under section 4 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to
ensure that they meet current scientific and regulatory standards. EPA
has completed a Reregistration Eligibility Decision (RED) for the
pesticide, PPO under section 4(g)(2)(A) of FIFRA. PPO is an
insecticidal fumigant/sterilant used both to control bacteria
contamination, mold contamination, insect infestations, and
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microbial spoilage of food products as well as to control stored
product insects in nonfood products. PPO is registered for use on
several food items such as processed spices, cocoa (beans and powder),
and in-shell and processed nutmeats (except peanuts). PPO also has
nonfood uses for cosmetic articles, gums, ores, packaging, pigments,
pharmaceutical materials, and discarded nutshells prior to disposal.
EPA has determined that the data base to support reregistration is
substantially complete and that products containing PPO are eligible
for reregistration provided the risks are mitigated in the manner
described in the RED. Upon submission of any required product-specific
data under section 4(g)(2)(B) and any necessary changes to the
registration and labeling (either to address concerns identified in the
RED or as a result of product-specific data), EPA will make a final
reregistration decision under section 4(g)(2)(C) for products
containing PPO.
EPA must review tolerances and tolerance exemptions that were in
effect when the Food Quality Protection Act (FQPA) was enacted in
August 1996, to ensure that these existing pesticide residue limits for
food and feed commodities meet the safety standard established by the
new law. Tolerances are considered reassessed once the safety finding
has been made or a revocation occurs. EPA has reviewed and made the
requisite safety finding for the PPO tolerances.
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, 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.
Due to its uses, risks, and other factors, PPO was reviewed through the
modified 4-Phase process. Through this process, EPA worked extensively
with stakeholders and the public to reach the regulatory decisions for
PPO.
The reregistration program is being conducted under Congressionally
mandated time frames, and EPA recognizes the need both to make timely
decisions and to involve the public. The Agency is issuing the PPO RED
for public comment. This comment period is intended to provide an
additional opportunity for public input and a mechanism for initiating
any necessary amendments to the RED. In order to protect bystanders,
the RED requires emission control technologies, such as scrubbers or
acid bubblers, which achieve a performance standard of 99% emission
reduction of PPO from vacuum-sealed pressurized chambers. However, the
Agency is also interested in receiving comments describing other means
to protect bystanders from this use. All comments should be submitted
using the methods in ADDRESSES, and must be received by EPA on or
before the closing date. These comments will become part of the Agency
Docket for PPO. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
The Agency will carefully consider all comments received by the
closing date and will provide a Response to Comments Memorandum in the
Docket and regulations.gov. If any comment significantly affects the
document, EPA also will publish an amendment to the RED in the Federal
Register. In the absence of substantive comments requiring changes, the
PPO RED will be implemented as it is now presented.
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 Federal Food, Drug, and Cosmetic Act (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: August 1, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-12897 Filed 8-8-06; 8:45 am]
BILLING CODE 6560-50-S