Organic Esters of Phosphoric Acid Risk Assessments Risk Reduction Options; Notice of Availability, 2912-2914 [E8-540]
Download as PDF
2912
Federal Register / Vol. 73, No. 11 / Wednesday, January 16, 2008 / Notices
revised guidance document. The
recommendations in the guidance
document also represent the Agency’s
substantial experience, over the last
decade, in developing and articulating
effective procedures for collecting high
quality data on pesticide movement into
ground water.
B. What is the Agency’s Authority for
Taking this Action?
The Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA), section 3.
List of Subjects
Environmental protection,
prospective ground-water monitoring
studies.
Dated: January 10, 2008.
Donald J. Brady,
Acting Director, Environmental Fate and
Effects Division, Office of Pesticide Programs.
[FR Doc. E8–653 Filed 1–15–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2007–1166; FRL–8343–3]
Organic Esters of Phosphoric Acid
Risk Assessments Risk Reduction
Options; Notice of Availability
Environmental Protection
Agency (EPA).
ACTION: Notice.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: This notice announces the
availability of EPA’s risk assessments,
and related documents for the pesticide
organic esters of phosphoric acid, 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 organic
esters of phosphoric acid through a
modified, 4–Phase public participation
process that the Agency uses to involve
the public in developing pesticide
reregistration decisions. This is Phase 3
of the 4– Process. Through this program,
EPA is ensuring that all pesticides meet
current health and safety standards.
DATES: Comments must be received on
or before March 17, 2008.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2007–1166, 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),
VerDate Aug<31>2005
17:55 Jan 15, 2008
Jkt 214001
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–2007–
1166. 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 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 available
in regulations.gov. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
PO 00000
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Fmt 4703
Sfmt 4703
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:
Heather Garvie, Antimicrobials Division
(7510P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–0034; fax number: (703) 305–
5620; e-mail address: garvie.heather
@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
E:\FR\FM\16JAN1.SGM
16JAN1
Federal Register / Vol. 73, No. 11 / Wednesday, January 16, 2008 / Notices
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
jlentini on PROD1PC65 with NOTICES
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 organic esters of
phosphoric acid, and soliciting public
comment on risk management ideas or
proposals. Organic esters of phosphoric
acid are used as a fungistat and
bacteristat largely on carpet backing.
Other uses include incorporation into
vinyl products, plastics, polymers,
coatings, synthetics/nonwoven textiles,
sealants, adhesives, caulks, and filters.
No direct or indirect food contact uses
are approved on registered end-use
product labels. EPA developed the risk
assessments and risk characterization
for organic esters of phosphoric acid
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).
Organic esters of phosphoric acid are
registered for use as a material
preservative (added during manufacture
VerDate Aug<31>2005
17:55 Jan 15, 2008
Jkt 214001
of product) in such household,
industrial, and institutional materials
as: carpet backing; epoxy flooring,
coating, tile and grout products; vinyl
products (wall coverings, car tops,
awnings, tarpaulins, tents, sails, drapes,
shower curtains, flooring products, and
films not for food contact); plastic
furniture (not for food service or
storage); acrylic, urethane, wax and
varnish floor sealers, finishes, and
maintainers (carpets shampoos, dry
extraction compounds and cleaners,
spot removers); polyvinyl acetate indoor
and outdoor paints; polymeric laminates
(not for food preparation surfaces);
polymer concrete; synthetic and nonwoven textiles (wall coverings, car tops,
awnings, tarpaulins, tents, sails, drapes,
shower curtains); polymeric packaging
film (not for food contact); water, oil
and solvent based paints, stains, and
other coating systems for use on interior
and exterior surfaces, substrates,
machinery and equipment, including
heating, ventilating and air conditioning
systems; molded polymeric and
polymer concrete bath tubs, showers,
bathroom sinks, bathroom countertops
and bathroom accessories; natural and
synthetic polymeric sealants, adhesives
and caulking compounds; textile
upholstery, mattresses, mattress ticking
and mattress covers; vinyl upholstery,
mattresses, mattress ticking and covers;
topical treatment of textile products
including apparel, outerwear and
undergarmets; air filters for furnaces, air
conditioners, air purification devices,
automobiles, and recirculating air
handling systems.
EPA is providing an opportunity,
through this notice, for interested
parties to provide comments and input
on the Agency’s risk assessments for
organic esters of phosphoric acid. Such
comments and input could address, for
example, the availability of additional
data to further refine the risk
assessments, such as information
regarding the paint/coatings uses, an
inhalation toxicity study, or a dermal
absorption study and leaching/
extraction data to verify the transfer
factor for clothing and mattress covers
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 organic esters of
phosphoric acid. Risks of concern
associated with the use of organic esters
of phosphoric acid are: Residential
dermal exposure resulting from the
application of paint; residential post-
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Fmt 4703
Sfmt 4703
2913
application dermal exposure of children
and adults to treated mattresses;
residential post-application incidental
ingestion exposure of children to carpet
cleaners; residential post-application
dermal exposure of children and adults
to treated textiles; and residential postapplication incidental ingestion
exposure of children to treated textiles;
occupational dermal exposure resulting
from the application of paint; and
occupational inhalation exposure
resulting from the application of paint
using an airless sprayer. 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
organic esters of phosphoric acid,
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 organic esters of phosphoric acid, a
modified, 4–Phase process with one
comment period and ample opportunity
for public consultation seems
appropriate in view of its refined risk
assessments, and/or other factors.
However, if as a result of comments
received during this comment period
EPA finds that additional issues
warranting further discussion are raised,
the Agency may lengthen the process
and include a second comment period,
as needed.
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 organic
esters of phosphoric acid. Comments
received after the close of the comment
period will be marked ‘‘late.’’ EPA is not
E:\FR\FM\16JAN1.SGM
16JAN1
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Federal Register / Vol. 73, No. 11 / Wednesday, January 16, 2008 / Notices
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.’’
List of Subjects
Environmental protection,
Antimicrobials, Organic esters of
phosphoric acid, and Pesticides pests.
Dated: January 8, 2008.
Frank Sanders,
Director, Antimicrobials Division, Office of
Pesticide Programs.
[FR Doc. E8–540 Filed 1–15–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2007–1164; FRL–8344–2]
Pesticide Product Registration
Approval
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces
Agency approval of applications to
register the pesticide products ROctenol, Technical Indole-3-Acetic
Acid, Quillaja Extract, and Shake-Away
Critter Repellent Granules containing
active ingredients not included in any
previously registered products pursuant
to the provisions of section 3(c)(5) of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended.
FOR FURTHER INFORMATION CONTACT: See
the table for the name of the contact
persons: Biopesticides and Pollution
Prevention Division (7511P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001:
jlentini on PROD1PC65 with NOTICES
Contact Person
Todd Peterson
peterson.todd@epa.gov
(703) 308–7224
VerDate Aug<31>2005
17:55 Jan 15, 2008
EPA Registration No.
Contact Person
EPA Registration No.
52991–19
80917–4
Jkt 214001
Driss Benmhend
benmhend.driss@epa.gov
(703) 308–9525
M. Duggard
duggard.mari@epa.gov
(703) 308–0028
82572–1
57538–28
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
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2007–1164. 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 Office of
Pesticide Programs (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.
In accordance with section 3(c)(2) of
FIFRA, a copy of the approved label, the
list of data references, the data and other
scientific information used to support
registration, except for material
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
specifically protected by section 10 of
FIFRA, are also available for public
inspection. Requests for data must be
made in accordance with the provisions
of the Freedom of Information Act and
must be addressed to the Freedom of
Information Office (A–101), 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001. Such requests should:
Identify the product name and
registration number and specify the data
or information desired.
A paper copy of the fact sheet, which
provides more detail on this
registration, may be obtained from the
National Technical Information Service
(NTIS), 5285 Port Royal Rd.,
Springfield, VA 22161.
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.
II. Did EPA Approve the Applications?
The Agency approved the
applications after considering all
required data on risks associated with
the proposed use of R-(-)-1-octen-3-ol,
Indole-3-acetic acid, Saponins of
Quillaja saponaria, fox urine, and
information on social, economic, and
environmental benefits to be derived
from use. Specifically, the Agency has
considered the nature of the chemical
and its pattern of use, application
methods and rates, and level and extent
of potential exposure. Based on these
reviews, the Agency was able to make
basic health and safety determinations
which show that use of R-(-)-1-octen-3ol, Indole-3-acetic acid, Saponins of
Quillaja saponaria, and fox urine when
used in accordance with widespread
and commonly recognized practice, will
not generally cause unreasonable
adverse effects to the environment.
III. Approved Applications
1. EPA issued a notice, published in
the Federal Register of September 6,
2006 (71 FR 52538) (FRL–8087–9),
which announced that Bedoukian
Research, Inc., 21 Finance Drive,
Danbury, CT 06810, had submitted an
application to register the pesticide
product, Roctenol, Insect Attractant
(EPA File Symbol 52991–RO),
containing R-(-)-1-octen-3-ol at 98%.
This product was not previously
registered.
The application was approved on July
3, 2007, as R-Octenol (EPA Registration
Number 52991–19) for a technical grade
active ingredient/manufacturing use
product to be formulated into end use
products as an insect attractant. (T.
Peterson).
E:\FR\FM\16JAN1.SGM
16JAN1
Agencies
[Federal Register Volume 73, Number 11 (Wednesday, January 16, 2008)]
[Notices]
[Pages 2912-2914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-540]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-1166; FRL-8343-3]
Organic Esters of Phosphoric Acid Risk Assessments Risk Reduction
Options; Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the availability of EPA's risk
assessments, and related documents for the pesticide organic esters of
phosphoric acid, 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 organic esters of phosphoric acid
through a modified, 4-Phase public participation process that the
Agency uses to involve the public in developing pesticide
reregistration decisions. This is Phase 3 of the 4- Process. Through
this program, EPA is ensuring that all pesticides meet current health
and safety standards.
DATES: Comments must be received on or before March 17, 2008.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-1166, 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-
2007-1166. 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 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
available in regulations.gov. To access the electronic docket, go to
https://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
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: Heather Garvie, Antimicrobials
Division (7510P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-0034; fax number: (703) 305-5620; e-
mail address: garvie.heather @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
[[Page 2913]]
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?
EPA is releasing for public comment its human health and
environmental fate and effects risk assessments and related documents
for organic esters of phosphoric acid, and soliciting public comment on
risk management ideas or proposals. Organic esters of phosphoric acid
are used as a fungistat and bacteristat largely on carpet backing.
Other uses include incorporation into vinyl products, plastics,
polymers, coatings, synthetics/nonwoven textiles, sealants, adhesives,
caulks, and filters. No direct or indirect food contact uses are
approved on registered end-use product labels. EPA developed the risk
assessments and risk characterization for organic esters of phosphoric
acid 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).
Organic esters of phosphoric acid are registered for use as a
material preservative (added during manufacture of product) in such
household, industrial, and institutional materials as: carpet backing;
epoxy flooring, coating, tile and grout products; vinyl products (wall
coverings, car tops, awnings, tarpaulins, tents, sails, drapes, shower
curtains, flooring products, and films not for food contact); plastic
furniture (not for food service or storage); acrylic, urethane, wax and
varnish floor sealers, finishes, and maintainers (carpets shampoos, dry
extraction compounds and cleaners, spot removers); polyvinyl acetate
indoor and outdoor paints; polymeric laminates (not for food
preparation surfaces); polymer concrete; synthetic and non-woven
textiles (wall coverings, car tops, awnings, tarpaulins, tents, sails,
drapes, shower curtains); polymeric packaging film (not for food
contact); water, oil and solvent based paints, stains, and other
coating systems for use on interior and exterior surfaces, substrates,
machinery and equipment, including heating, ventilating and air
conditioning systems; molded polymeric and polymer concrete bath tubs,
showers, bathroom sinks, bathroom countertops and bathroom accessories;
natural and synthetic polymeric sealants, adhesives and caulking
compounds; textile upholstery, mattresses, mattress ticking and
mattress covers; vinyl upholstery, mattresses, mattress ticking and
covers; topical treatment of textile products including apparel,
outerwear and undergarmets; air filters for furnaces, air conditioners,
air purification devices, automobiles, and recirculating air handling
systems.
EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's risk
assessments for organic esters of phosphoric acid. Such comments and
input could address, for example, the availability of additional data
to further refine the risk assessments, such as information regarding
the paint/coatings uses, an inhalation toxicity study, or a dermal
absorption study and leaching/extraction data to verify the transfer
factor for clothing and mattress covers 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 organic esters of phosphoric acid. Risks
of concern associated with the use of organic esters of phosphoric acid
are: Residential dermal exposure resulting from the application of
paint; residential post-application dermal exposure of children and
adults to treated mattresses; residential post-application incidental
ingestion exposure of children to carpet cleaners; residential post-
application dermal exposure of children and adults to treated textiles;
and residential post-application incidental ingestion exposure of
children to treated textiles; occupational dermal exposure resulting
from the application of paint; and occupational inhalation exposure
resulting from the application of paint using an airless sprayer. 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 organic esters of phosphoric
acid, 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 organic esters of phosphoric acid, a modified, 4-Phase
process with one comment period and ample opportunity for public
consultation seems appropriate in view of its refined risk assessments,
and/or other factors. However, if as a result of comments received
during this comment period EPA finds that additional issues warranting
further discussion are raised, the Agency may lengthen the process and
include a second comment period, as needed.
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 organic esters of phosphoric
acid. Comments received after the close of the comment period will be
marked ``late.'' EPA is not
[[Page 2914]]
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.''
List of Subjects
Environmental protection, Antimicrobials, Organic esters of
phosphoric acid, and Pesticides pests.
Dated: January 8, 2008.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E8-540 Filed 1-15-08; 8:45 am]
BILLING CODE 6560-50-S