Organic Arsenical Herbicides (MSMA, DSMA, CAMA, and Cacodylic Acid), Reregistration Eligibility Decision; Notice of Availability, 45554-45555 [E6-12905]
Download as PDF
45554
Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Notices
Dated: August 2, 2006.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. E6–12896 Filed 8–8–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2006–0201; FRL–8085–9]
Organic Arsenical Herbicides (MSMA,
DSMA, CAMA, and Cacodylic Acid),
Reregistration Eligibility Decision;
Notice of Availability
Environmental Protection
Agency (EPA).
ACTION: Notice.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: This notice announces the
availability of EPA’s Reregistration
Eligibility Decision (RED) for the
organic arsenical herbicides MSMA,
DSMA, CAMA, and cacodylic acid, and
opens a public comment period on this
document. The Agency has determined
that all products containing MSMA,
DSMA, CAMA, and cacodylic acid are
not eligible for reregistration. The
Agency’s risk assessments and other
related documents also are available in
the organic arsenical herbicides docket.
MSMA, DSMA, CAMA, and cacodylic
acid are collectively referred to as the
‘‘organic arsenical herbicides.’’ The
organic arsenic herbicides are used
primarily on cotton and turf, including
golf courses, home lawns, recreational
areas such as school yards and athletic
fields, and rights-of-way. Overall, use in
the United States appears to be
declining. While EPA has identified
some risk associated with the direct use
of these herbicides, the Agency’s
primary concern is the potential for
applied organic arsenical products to
transform to a more toxic inorganic form
of arsenic in soil with subsequent
transport to drinking water. EPA has
reviewed the organic arsenical
herbicides 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–2006–0201, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
VerDate Aug<31>2005
19:05 Aug 08, 2006
Jkt 208001
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460-0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays). Special
arrangements should be made for
deliveries of boxed information. The
Docket Facility telephone number is
(703) 305-5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2006–
0201, 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
comment directly to EPA without going
through https://www.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
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
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 Bldg.), 2777
S. Crystal Dr., Arlington, VA. The hours
of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT:
Lance Wormell, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001;
telephone number: (703) 603-0523; fax
number: (703) 308-7070; 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:
E:\FR\FM\09AUN1.SGM
09AUN1
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
Frm 00040
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
Agencies
[Federal Register Volume 71, Number 153 (Wednesday, August 9, 2006)]
[Notices]
[Pages 45554-45555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12905]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2006-0201; FRL-8085-9]
Organic Arsenical Herbicides (MSMA, DSMA, CAMA, and Cacodylic
Acid), 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 organic arsenical herbicides MSMA,
DSMA, CAMA, and cacodylic acid, and opens a public comment period on
this document. The Agency has determined that all products containing
MSMA, DSMA, CAMA, and cacodylic acid are not eligible for
reregistration. The Agency's risk assessments and other related
documents also are available in the organic arsenical herbicides
docket. MSMA, DSMA, CAMA, and cacodylic acid are collectively referred
to as the ``organic arsenical herbicides.'' The organic arsenic
herbicides are used primarily on cotton and turf, including golf
courses, home lawns, recreational areas such as school yards and
athletic fields, and rights-of-way. Overall, use in the United States
appears to be declining. While EPA has identified some risk associated
with the direct use of these herbicides, the Agency's primary concern
is the potential for applied organic arsenical products to transform to
a more toxic inorganic form of arsenic in soil with subsequent
transport to drinking water. EPA has reviewed the organic arsenical
herbicides 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-2006-0201, 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
Bldg.), 2777 S. Crystal Dr., 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 Facility telephone number is (703) 305-5805.
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 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 comment directly to EPA
without going through https://www.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 Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Lance Wormell, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 603-0523; fax
number: (703) 308-7070; 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:
[[Page 45555]]
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 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 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, 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