Pentachlorophenol Revised Risk Assessments; Notice of Availability and Solicitation of Risk Reduction Options, 20638-20640 [E8-8174]
Download as PDF
20638
Federal Register / Vol. 73, No. 74 / Wednesday, April 16, 2008 / Notices
Chemical Name
CAS
Number
CAS
Number
Chemical Name
ENVIRONMENTAL PROTECTION
AGENCY
1,2-Dibromoethane
106–93–4
Methyl chloroformate
79–22–1
[EPA–HQ–OPP–2004–0402; FRL–8359–6]
2-Ethylhexyl chloroformate
24468–13–1
Methyl vinyl ketone
78–94–4
Acrylonitrile
107–13–1
Methylvinyldichlorosilane
124–70–9
Allyl chloride
107–05–1
Pentachlorophenol Revised Risk
Assessments; Notice of Availability
and Solicitation of Risk Reduction
Options
n-Butyl chloroformate
592–34–7
Allyl chloroformate
2937–50–0
Nonyltrichlorosilane
5283–67–0
Allyl trichlorosilane
107–37–9
Octadecyltrichlorosilane
112–04–9
Amyl trichlorosilane
107–72–2
Octyltrichlorosilane
5283–66–9
Benzyl chloroformate
501–53–1
Osmium tetroxide
20816–12–0
Boron tribromide
10294–33–4
Oxygen difluoride
7783–41–7
Bromine chloride
13863–41–7
Pentaborane
19624–22–7
Butyl trichlorosilane
7521–80–4
Phenyl chloroformate
1885–14–9
BZ (3-quinuclidinyl benzilate)
6581–06–2
Propyl chloroformate
109–61–5
Carbonyl fluoride
353–50–4
Propyltrichlorosilane
141–57–1
Carbonyl sulfide
463–58–1
sec-Butyl chloroformate
17462–58–7
Chlorobenzene
108–90–7
Silicon tetrachloride
10026–04–7
Chloromethyltrichlorosilane
1558–25–4
Silicon tetrafluoride
7783–61–1
Chloropicrin
76–06–2
Stibine (Antimony hydride)
7803–52–3
Chlorosulfonic acid
7790–94–5
Sulfuryl fluoride
2699–79–8
Chlorotrifluroethylene
79–38–9
Tetrafluoroethylene
116–14–3
Dichlorosilane
4109–96–0
Thionyl chloride
7719–09–7
Diethyldichlorosilane
1719–53–5
674–82–8
Trichloro(dichlorophenyl)silane
27137–85–5
Diketene
Dimethylamine
124–40–3
Trichlorophenylsilane
98–13–5
Dimethylchlorosilane
1066–35–9
Trichlorosilane
10025–78–2
Diphenyldichlorosilane
80–10–4
Trimethylamine
75–50–3
Docecyltrichlorosilane
4484–72–4
Vinyltrichlorosilane
75–94–5
Ethyl chloroformate
541–41–3
Ethyl chlorothioformate
2941–64–2
List of Subjects
Ethylamine
75–04–7
Ethylene chlorohydrin
107–07–3
Environmental protection, Acute
Exposure Guideline Levels, Hazardous
substances.
Ethyltrichlorosilane
115–21–9
Hexyltrichlorosilane
928–65–4
Isobutyl chloroformate
543–27–1
Isopropyl chloroformate
108–23–6
Methacrylaldehyde
78–85–3
Methanesulfonyl chloride
124–63–0
Methyl amine
74–89–5
Dated: April 10, 2008.
James B. Gulliford,
Assistant Administrator, Office of Prevention,
Pesticides and Toxic Substances.
[FR Doc. E8–8184 Filed 4–15–08; 8:45 am]
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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
pentachlorophenol (PCP) and its microcontaminants, dioxin/furan (CDDs/
CDFs) and hexachlorobenzene (HCB). In
addition, this notice solicits public
comment on risk reduction options for
PCP and its micro-contaminants CDDs/
CDFs and HCB, and an initial impacts
and/or 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 PCP 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–HQ–OPP–2004–
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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
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.
VerDate Aug<31>2005
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Jkt 214001
FOR FURTHER INFORMATION CONTACT:
Sherrie Kinard, Antimicrobials Division
(7510P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–0563; fax number: (703) 308–
6467; e-mail address: kinard.sherrie
@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.
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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 30, 2005 (70
FR 16276) (FRL–7707–1 ); a response to
comments; and related documents for
pentachlorophenol. EPA also is
soliciting public comment on potential
risk reduction options for
pentachlorophenol, and a preliminary
benefits assessment for identified risks
of concern. EPA developed the risk
assessments for pentachlorophenol and
its micro-contaminants, dioxins/furans
and HCB, 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).
Pentachlorophenol is a general
biocide which is used extensively in the
United States (as is its salt, sodium
pentachlorophenate or NaPCP) as a
wood preservative. The production of
pentachlorophenol for wood preserving
began on an experimental basis in the
1930s. In 1947, nearly 7 million pounds
of PCP were reported to have been used
in the United States by the commercial
wood preserving industry.
Pentachlorophenol was one of the most
widely used biocides in the United
States prior to regulatory actions to
cancel and restrict certain non-wood
preservative uses in 1987. Prior to the
1987 Federal Register Notice (Vol. 52,
No. 13) which cancelled and restricted
certain non-wood uses of
pentachlorophenol, it was registered for
use as a herbicide, defoliant, mossicide,
and as a disinfectant. The 1987 notice
also specified maximum allowable
amounts of HCB and dioxins/furans that
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could be present in formulations of
pentachlorophenol.
Indoor applications of
pentachlorophenol are prohibited in
accordance with the restrictions
indicated in the U.S.EPA Position
Document 4 for Wood Preservative
Pesticides: Creosote, Pentachlorophenol
and Inorganic Arsenicals (1984,
amended 1986). The use of
pentachlorophenol to treat wood
intended for use in interiors is
prohibited, except for a few low
exposure uses (i.e., those support
structures which are in contact with the
soil in barns, stables, and similar sites
and are subject to decay or insect
infestation).
Pentachlorophenol is a restricted use
pesticide for sale and use by certified
applicators only. There are currently
eight active products registered that
contain pentachlorophenol (Chemical
Code 063001). There are approximately
60 million utility-owned wood poles
and 54 million crossarms in service
across the United States that have been
treated with wood preservatives (mainly
pentaclorophenol and creosote).
Approximately 36 million of the wood
poles in service have been treated with
pentachlorophenol, and approximately
96% of the crossarms in service were
treated. An estimated 3% of the treated
poles are replaced annually with freshly
treated poles.
EPA is providing an opportunity,
through this notice, for interested
parties to provide risk management
proposals or otherwise comment on risk
management for pentachlorophenol and
its micro-contaminants. Risks of
concern associated with the use of
pentachlorophenol are long-term dermal
non-cancer risks for the pressure
treatment operator mixing/loading/
applying the liquid formulations and for
the pressure treatment assistant mixing/
loading/applying the liquid and the
crystalline formulations. Dermal noncancer risks of concern range from a
MOE of 79 to a MOE of 230 with the
target MOE of 300. Estimated cancer
risks for handlers are of concern for the
same 3 scenarios with cancer risks
ranging from 4.9E 4 to 7.9E 5.
Estimated cancer risks resulting from
exposure to pentachlorophenols microcontaminants dioxins/furans exceed the
level of concern for the pressure
treatment loader operator, pressure
treatment test borer, general helpers,
and electrical utility linemen. Cancer
risks of concern range from 3.0E 5 to
8.0E 5 for these scenarios. In targeting
these risks of concern, the Agency is
soliciting information on effective and
practical risk reduction measures.
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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,
pentachlorophenol 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 pentachlorophenol.
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
pentachlorophenol 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, Pesticides
and pests, Antimicrobials,
Pentachlorophenol, Penta.
Dated: April 8, 2008.
Frank Sanders,
Director, Antimicrobial Division, Office of
Pesticide Programs.
[FR Doc. E8–8174 Filed 4–15–08; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2005–0258; FRL–8361–1]
Triadimefon; Notice of Receipt of
Request to Voluntarily Cancel Certain
Pesticide Registrations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: In accordance with section
6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), as amended, EPA is issuing a
notice of receipt of a request by the
registrant to voluntarily cancel its
registration for a product containing the
pesticide triadimefon (EPA Registration
No. 432–1294). The request would not
terminate the last triadimefon product
registered for use in the United States.
EPA intends to grant this request at the
close of the comment period for this
announcement unless the Agency
receives substantive comments within
the comment period that would merit its
further review of the request, or unless
the registrant withdraws its request
within this period. Upon acceptance of
this request, any sale, distribution, or
use of products listed in this notice will
be permitted only if such sale,
distribution, or use is consistent with
the terms as described in the final order.
DATES: Comments must be received on
or before May 16, 2008.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2005–0258 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–2005–
0258. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
E:\FR\FM\16APN1.SGM
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Agencies
[Federal Register Volume 73, Number 74 (Wednesday, April 16, 2008)]
[Notices]
[Pages 20638-20640]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8174]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2004-0402; FRL-8359-6]
Pentachlorophenol 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
pentachlorophenol (PCP) and its micro-contaminants, dioxin/furan (CDDs/
CDFs) and hexachlorobenzene (HCB). In addition, this notice solicits
public comment on risk reduction options for PCP and its micro-
contaminants CDDs/CDFs and HCB, and an initial impacts and/or
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 PCP 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-HQ-OPP-
2004-
[[Page 20639]]
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 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: Sherrie Kinard, Antimicrobials
Division (7510P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-0563; fax number: (703) 308-6467; e-
mail address: kinard.sherrie @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 30, 2005 (70 FR 16276) (FRL-7707-1 ); a response to
comments; and related documents for pentachlorophenol. EPA also is
soliciting public comment on potential risk reduction options for
pentachlorophenol, and a preliminary benefits assessment for identified
risks of concern. EPA developed the risk assessments for
pentachlorophenol and its micro-contaminants, dioxins/furans and HCB,
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).
Pentachlorophenol is a general biocide which is used extensively in
the United States (as is its salt, sodium pentachlorophenate or NaPCP)
as a wood preservative. The production of pentachlorophenol for wood
preserving began on an experimental basis in the 1930s. In 1947, nearly
7 million pounds of PCP were reported to have been used in the United
States by the commercial wood preserving industry. Pentachlorophenol
was one of the most widely used biocides in the United States prior to
regulatory actions to cancel and restrict certain non-wood preservative
uses in 1987. Prior to the 1987 Federal Register Notice (Vol. 52, No.
13) which cancelled and restricted certain non-wood uses of
pentachlorophenol, it was registered for use as a herbicide, defoliant,
mossicide, and as a disinfectant. The 1987 notice also specified
maximum allowable amounts of HCB and dioxins/furans that
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could be present in formulations of pentachlorophenol.
Indoor applications of pentachlorophenol are prohibited in
accordance with the restrictions indicated in the U.S.EPA Position
Document 4 for Wood Preservative Pesticides: Creosote,
Pentachlorophenol and Inorganic Arsenicals (1984, amended 1986). The
use of pentachlorophenol to treat wood intended for use in interiors is
prohibited, except for a few low exposure uses (i.e., those support
structures which are in contact with the soil in barns, stables, and
similar sites and are subject to decay or insect infestation).
Pentachlorophenol is a restricted use pesticide for sale and use by
certified applicators only. There are currently eight active products
registered that contain pentachlorophenol (Chemical Code 063001). There
are approximately 60 million utility-owned wood poles and 54 million
crossarms in service across the United States that have been treated
with wood preservatives (mainly pentaclorophenol and creosote).
Approximately 36 million of the wood poles in service have been treated
with pentachlorophenol, and approximately 96% of the crossarms in
service were treated. An estimated 3% of the treated poles are replaced
annually with freshly treated poles.
EPA is providing an opportunity, through this notice, for
interested parties to provide risk management proposals or otherwise
comment on risk management for pentachlorophenol and its micro-
contaminants. Risks of concern associated with the use of
pentachlorophenol are long-term dermal non-cancer risks for the
pressure treatment operator mixing/loading/applying the liquid
formulations and for the pressure treatment assistant mixing/loading/
applying the liquid and the crystalline formulations. Dermal non-cancer
risks of concern range from a MOE of 79 to a MOE of 230 with the target
MOE of 300. Estimated cancer risks for handlers are of concern for the
same 3 scenarios with cancer risks ranging from 4.9E\-\4 to
7.9E\-\5. Estimated cancer risks resulting from exposure to
pentachlorophenols micro-contaminants dioxins/furans exceed the level
of concern for the pressure treatment loader operator, pressure
treatment test borer, general helpers, and electrical utility linemen.
Cancer risks of concern range from 3.0E\-\5 to 8.0E\-
\5 for these scenarios. In targeting these risks of concern,
the Agency is soliciting information on effective and practical risk
reduction measures.
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, pentachlorophenol 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 pentachlorophenol.
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
pentachlorophenol 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, Pesticides and pests, Antimicrobials,
Pentachlorophenol, Penta.
Dated: April 8, 2008.
Frank Sanders,
Director, Antimicrobial Division, Office of Pesticide Programs.
[FR Doc. E8-8174 Filed 4-15-08; 8:45 am]
BILLING CODE 6560-50-S