[Federal Register Volume 72, Number 84 (Wednesday, May 2, 2007)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8276]
ENVIRONMENTAL PROTECTION AGENCY
Lime-sulfur (Inorganic polysulfides); Reregistration Eligibility
Decision for Low Risk Pesticide; Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
SUMMARY: This notice announces the availability of EPA's Reregistration
Eligibility Decision (RED) for the pesticide lime-sulfur (inorganic
polysulfides also called calcium polysulfide), and opens a public
comment period on this document, related risk assessments, and other
support documents. EPA has reviewed the low risk pesticide lime-sulfur
(inorganic polysulfides) through a modified, streamlined version of 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 July 2, 2007.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0008, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket'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-
2007-0008. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The 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 http://www.regulations.gov, or, if only available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket telephone number is (703) 305-
FOR FURTHER INFORMATION CONTACT: Bentley C. Gregg, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8178; fax
number: (703) 308-7070; e-mail address: firstname.lastname@example.org.
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,
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Registerdate 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
vi. Provide specific examples to illustrate your concerns and
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
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.
Using a modified, streamlined version of its public participation
process, EPA has completed a RED for the low risk pesticide, lime-
sulfur (inorganic polysulfides also called calcium polysulfide) under
section 4(g)(2)(A) of FIFRA. Lime-sulfur is a fungicide applied
primarily in agricultural and residential settings, used to apply a
liquid form of inorganic sulfur to growing crops and other sites. EPA
has determined that the data base to support reregistration is
substantially complete and that products containing lime-sulfur
(inorganic polysulfides) will be eligible for reregistration. Upon
submission of the required product specific data under section
4(g)(2)(B) and any necessary changes to the registration and labeling
(either to address any 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 Lime-sulfur (Inorganic
EPA must review the exemptions from the requirement for a tolerance
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 exemption from
the requirement for a tolerance for lime-
sulfur (inorganic polysulfides) included in this notice.
Although the lime-sulfur (inorganic polysulfides) RED was signed on
September 30, 2005, certain components of the document, which did not
affect the final regulatory decision, were undergoing final editing at
that time. These components, including the summary of labeling changes,
appendices, and other relevant information, have been added to the
lime-sulfur (inorganic polysulfides) RED document. In addition,
subsequent to signature, EPA identified some minor errors and
ambiguities in the document. Therefore, for the sake of accuracy, the
Agency also has included the appropriate error corrections, amendments,
and clarifications. None of these additions or changes alter the
conclusions documented in the September 30, 2005, lime-sulfur
(inorganic polysulfides) RED. All of these changes are described in
detail in an errata memorandum which is included in the public docket
for lime-sulfur (inorganic polysulfides).
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
issues, and degree of public concern associated with each pesticide.
EPA can expeditiously reach decisions for pesticides like lime-sulfur
(inorganic polysulfides), which pose few or no risk concerns, affect
few stakeholders, and require no risk mitigation. Once EPA assesses
uses and risks for such low risk pesticides, the Agency may go directly
to a decision and prepare a document summarizing its findings, such as
the lime-sulfur (inorganic polysulfides) RED.
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 in finding ways to effectively
mitigate pesticide risks. lime-sulfur (inorganic polysulfides),
however, poses no risks that require mitigation. The Agency therefore
is issuing the lime-sulfur (inorganic polysulfides) RED, its risk
assessments, and related support materials simultaneously for public
comment. The comment period is intended to provide an opportunity for
public input and a mechanism for initiating any necessary amendments to
the RED. 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 lime-sulfur
(inorganic polysulfides). Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments.
EPA 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 lime-
sulfur (inorganic polysulfides) RED will be implemented as it is now
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.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: April 12, 2007.
Acting Director, Special Review and Reregistration Division, Office of
[FR Doc. E7-8276 Filed 5-1-07; 8:45 am]
BILLING CODE 6560-50-S