Chromated Copper Arsenate Revised Risk Assessments; Notice of Availability and Solicitation of Risk Reduction Options, 20627-20629 [E8-8168]
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Federal Register / Vol. 73, No. 74 / Wednesday, April 16, 2008 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[Docket# EPA–RO4–SFUND–2008–0269;
FRL–8554–9]
Burke Street Lead Superfund Site;
Junction City, Boyle County, KY;
Notice of Settlements
Environmental Protection
Agency (EPA).
ACTION: Notice of Settlements.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: Under section 122(h)(1) of the
Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA), the United States
Environmental Protection Agency has
entered into three settlements for
reimbursement of past response costs
concerning the Burke Street Lead
Superfund Site located in Junction City,
Boyle County, Kentucky.
DATES: The Agency will consider public
comments on the settlements until May
16, 2008. The Agency will consider all
comments received and may modify or
withdraw its consent to the settlements
if comments received disclose facts or
considerations which indicate that the
settlements are inappropriate, improper,
or inadequate.
ADDRESSES: Copies of the settlements
are available from Ms. Paula V.
Batchelor. Submit your comments,
identified by Docket ID No. EPA–RO4–
SFUND–2008–0269 or Site name Burke
Street Lead Superfund Site by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: Batchelor.Paula@epa.gov.
• Fax: 404/562–8842/Attn Paula V.
Batchelor.
Mail: Ms. Paula V. Batchelor, U.S.
EPA Region 4, SD–SEIMB, 61 Forsyth
Street, SW., Atlanta, Georgia 30303. ‘‘In
addition, please mail a copy of your
comments on the information collection
provisions to the Office of Information
and Regulatory Affairs, Office of
Management and Budget (OMB), Attn:
Desk Officer for EPA, 725 17th St. NW.,
Washington, DC 20503.’’
Instructions: Direct your comments to
Docket ID No. EPA–RO4–SFUND–2008–
0269. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online 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
VerDate Aug<31>2005
17:19 Apr 15, 2008
Jkt 214001
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
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 public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov 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,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the U.S. EPA Region 4 office located at
61 Forsyth Street, SW., Atlanta, Georgia
30303. Regional office is open from
7 a.m. until 6:30 p.m. Monday through
Friday, excluding legal holidays.
Written comments may be submitted
to Ms. Batchelor within 30 calendar
days of the date of this publication.
FOR FURTHER INFORMATION CONTACT:
Paula V. Batchelor at 404/562–8887.
Dated: April 1, 2008.
Anita L. Davis,
Chief, Superfund Enforcement & Information
Management Branch, Superfund Division.
[FR Doc. E8–8158 Filed 4–15–08; 8:45 am]
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20627
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2003–0250; FRL–8358–9]
Chromated Copper Arsenate Revised
Risk Assessments; Notice of
Availability and Solicitation of Risk
Reduction Options
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
availability of EPA’s revised risk
assessments for the restricted use
antimicrobial pesticide chromated
copper arsenate (CCA). In addition, this
notice solicits public comment on risk
reduction options for CCA and on EPA’s
preliminary benefits assessment (Phase
5 of 6–Phase Process). 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 CCA through the full, 6–Phase
public participation process that the
Agency uses to involve the public in
developing pesticide reregistration and
tolerance reassessment decisions.
Through these programs, EPA is
ensuring that all pesticides meet current
health and safety standards.
DATES: Comments must be received on
or before June 16, 2008.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2004–0402, 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 EPA–HQ–OPP–
2004–0402. 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
E:\FR\FM\16APN1.SGM
16APN1
jlentini on PROD1PC65 with NOTICES
20628
Federal Register / Vol. 73, No. 74 / Wednesday, April 16, 2008 / Notices
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
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, Antimicrobials Division
(7510P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
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17:19 Apr 15, 2008
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DC 20460–0001; telephone number:
(703) 603-0523; fax number: (703) 3086467; 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
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
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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 making available the Agency’s
revised risk assessments, initially issued
for comment through a Federal Register
notice published on March 17, 2004 (69
FR 12653) (FRL–7318-5); a response to
comments; and related documents for
CCA. EPA also is releasing for public
comment a preliminary benefits
assessment for CCA. EPA developed the
risk assessments for CCA as part 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).
The registered pesticides assessed in
this reregistration case are arsenic acid,
arsenic pentoxide, chromic acid, and
sodium dichromate. The chemical case
is generically referred to as ‘‘CCA’’,
although it also includes wood
preservative uses of other inorganic
arsenic-based wood preservatives such
as ammoniacal copper zinc arsenate
(ACZA).
CCA is a chemical wood preservative
containing chromium, copper and
arsenic. CCA is used in pressure treated
wood to protect wood from rotting due
to insects and microbial agents. EPA has
classified CCA as a restricted use
product, for use only by certified
pesticide applicators.
CCA has been used to pressure treat
lumber since the 1940s. Since the 1970s,
the majority of the wood used in
outdoor residential settings has been
CCA-treated wood. Pressure treated
wood containing CCA is no longer being
produced for use in most residential
settings, including decks and playsets.
Virtually all residential uses of CCA
were voluntarily cancelled effective
December 31, 2003 and, therefore, are
not included in this reregistration case.
EPA’s risk assessment for previously
registered residential uses is also
available in docket EPA–HQ–OPP–
2003–0250.
E:\FR\FM\16APN1.SGM
16APN1
Federal Register / Vol. 73, No. 74 / Wednesday, April 16, 2008 / Notices
EPA is providing an opportunity,
through this notice, for interested
parties to provide risk management
proposals or otherwise comment on risk
management for CCA. Risks of concern
identified in the revised assessments
include worker risks (cancer and noncancer) resulting from dermal/
inhalation exposure to arsenic and
inhalation exposure to chromium.
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, CCA is being
reviewed through the full 6–Phase
public participation process.
All comments should be submitted
using the methods in ADDRESSES, and
must be received by EPA on or before
the closing date. Comments and
proposals will become part of the
Agency Docket for CCA. Comments
received after the close of the comment
period will be marked ‘‘late.’’ EPA is not
required to consider these late
comments.
After considering comments received,
EPA will develop and issue the CCA
RED.
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
jlentini on PROD1PC65 with NOTICES
Environmental protection, Pests and
pesticides.
Dated: April 7, 2008.
Frank Sanders
Director, Antimicrobials Division, Office of
Pesticide Programs.
[FR Doc. E8–8168 Filed 4–15–08; 8:45 am]
BILLING CODE 6560–50–S
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2008–0248; FRL–8361–5]
Creosote Revised Risk Assessments
and Qualitative Economic Analysis of
the Alternatives; Notice of Availability
and Solicitation of Risk Reduction
Options
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
availability of EPA’s revised risk
assessments for the pesticide creosote.
In addition, this notice solicits public
comment on risk reduction options for
creosote as well as solicits comments on
the qualitative economic impacts
analysis, (Phase 5 of 6–Phase Process).
EPA is developing a Reregistration
Eligibility Decision (RED) for creosote
through the full, 6–Phase public
participation process that the Agency
uses to involve the public in developing
pesticide reregistration and tolerance
reassessment decisions. Through these
programs, EPA is ensuring that all
pesticides meet current health and
safety standards.
DATES: Comments must be received on
or before June 16, 2008.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2008–0248, 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–2008–
0248. 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
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20629
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
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:
Jacqueline Cambpell-McFarlane,
Antimicrobials Division (7510P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
E:\FR\FM\16APN1.SGM
16APN1
Agencies
[Federal Register Volume 73, Number 74 (Wednesday, April 16, 2008)]
[Notices]
[Pages 20627-20629]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8168]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2003-0250; FRL-8358-9]
Chromated Copper Arsenate Revised Risk Assessments; Notice of
Availability and Solicitation of Risk Reduction Options
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces the availability of EPA's revised risk
assessments for the restricted use antimicrobial pesticide chromated
copper arsenate (CCA). In addition, this notice solicits public comment
on risk reduction options for CCA and on EPA's preliminary benefits
assessment (Phase 5 of 6-Phase Process). 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 CCA through the full, 6-Phase public participation process
that the Agency uses to involve the public in developing pesticide
reregistration and tolerance reassessment decisions. Through these
programs, EPA is ensuring that all pesticides meet current health and
safety standards.
DATES: Comments must be received on or before June 16, 2008.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2004-0402, 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 EPA-HQ-
OPP-2004-0402. 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
[[Page 20628]]
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: Lance Wormell, Antimicrobials Division
(7510P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 603-0523; fax number: (703) 308-6467; 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
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?
EPA is making available the Agency's revised risk assessments,
initially issued for comment through a Federal Register notice
published on March 17, 2004 (69 FR 12653) (FRL-7318-5); a response to
comments; and related documents for CCA. EPA also is releasing for
public comment a preliminary benefits assessment for CCA. EPA developed
the risk assessments for CCA as part 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).
The registered pesticides assessed in this reregistration case are
arsenic acid, arsenic pentoxide, chromic acid, and sodium dichromate.
The chemical case is generically referred to as ``CCA'', although it
also includes wood preservative uses of other inorganic arsenic-based
wood preservatives such as ammoniacal copper zinc arsenate (ACZA).
CCA is a chemical wood preservative containing chromium, copper and
arsenic. CCA is used in pressure treated wood to protect wood from
rotting due to insects and microbial agents. EPA has classified CCA as
a restricted use product, for use only by certified pesticide
applicators.
CCA has been used to pressure treat lumber since the 1940s. Since
the 1970s, the majority of the wood used in outdoor residential
settings has been CCA-treated wood. Pressure treated wood containing
CCA is no longer being produced for use in most residential settings,
including decks and playsets. Virtually all residential uses of CCA
were voluntarily cancelled effective December 31, 2003 and, therefore,
are not included in this reregistration case. EPA's risk assessment for
previously registered residential uses is also available in docket EPA-
HQ-OPP-2003-0250.
[[Page 20629]]
EPA is providing an opportunity, through this notice, for
interested parties to provide risk management proposals or otherwise
comment on risk management for CCA. Risks of concern identified in the
revised assessments include worker risks (cancer and non-cancer)
resulting from dermal/inhalation exposure to arsenic and inhalation
exposure to chromium.
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, CCA is being reviewed
through the full 6-Phase public participation process.
All comments should be submitted using the methods in ADDRESSES,
and must be received by EPA on or before the closing date. Comments and
proposals will become part of the Agency Docket for CCA. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments.
After considering comments received, EPA will develop and issue the
CCA RED.
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, Pests and pesticides.
Dated: April 7, 2008.
Frank Sanders
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. E8-8168 Filed 4-15-08; 8:45 am]
BILLING CODE 6560-50-S